On March 7, 2017, the Town Council imposed a six (6) month moratorium on the installation of the telecommunication equipment with the Town's rights-of-way. The action was taken in light of potential legislative changes being contemplated by the Florida House and Senate regarding such regulations. On June 23, 2017 the Governor of the State of Florida signed into law HB 865, titled the “Advanced Wireless Infrastructure Deployment Act." The bill, adopted by the State Legislature near the end of their 2017 legislative session, amended Section 337.401 of Florida Statute imposing upon local jurisdictions rules regarding the placement small and micro wireless facilities within public rights-of-way. It is now incumbent upon to the Town to update its regulations reflective of the changes that have occurred at the state level. This request for a six (6) month extension of the moratorium will afford staff the opportunity to thoroughly review the amended statutes, evaluate their implication, and prepare an ordinance to ensure our local codes comport with State Law. The remainder of this memorandum is a brief summary of the relevant new laws adopted by the State of Florida. Also attached are the key definitions related to the new statute and the permitting “shot clocks,”(time review time tables) outline therein (“Attachment A”).

Florida Statute 337.401(7)-, attached herein (“Attachment B”) does not permit municipalities to be more restrictive than set forth by State Law, but provides for certain processes, clear definitions, and review criteria, to facilitate the placement of telecommunication facilities in the rights-of-way while considering the community's desires for these services and the industries needs in providing the utility.

The State Legislature introduced a negotiation period that provides the Town and the applicant an opportunity to collaboratively consider applications for telecommunication facilities within the public rights-of-way. An applicant may apply for a single building permit to address multiple locations(up to 30). Each location may be considered individually, and review and response times tracked accordingly. The statue now requires all correspondence, including those related to approvals and denials, issued by a local jurisdiction to the applicant, to be by electronic mail.

Specific statutory review criteria and design standards will govern the Town's basis for approval or denial in the Code once drafted and approved by the Town Council after a public hearing. Review criteria regarding stealth and concealment options, the distance between poles, pole height and collocation are provided below.

• Stealth and concealment options may be incorporated into the Town's code provided a waiver procedure is afforded the applicant where it can be demonstrated that such design is not (1) reasonably compatible or (2) imposes an excessive expense.

• Distance Separations between poles cannot be required, however within 14 days of an application, the Town may request relocation or an alternative pole, or other objective design standards. If such a request is made, the law allows for 30 days of negotiation with the applicant. If no agreement is reached, the Town must approve or deny within 90 days of the original application.

• Maximum pole height may be limited by the Town to the height of any pole in existence as of 07/01/2017, that is within 500' of the requested location. However, if no existing pole is within 500' of the proposed, the default height is 50'. Nevertheless, any antenna may be 10' feet higher than the pole to which it is attached.

• Collocation of additional antenna on a pole cannot be required by Town, nor can the town require multiple systems on a single antenna. Private pole antenna location requires consent of pole owner.

Finally, the amended Statute clarifies what is grounds for denial of application. Denial may be rendered if any of the conditions described in this memorandum are met and/or:

• Safe operation of Traffic Control Equipment is compromised.

• Site lines and clear zones for traffic and pedestrians are obstructed by the pole or equipment.

• ADA standards are violated

• Noncompliance with the 2010 editions of the FDOT Utility Accommodation Manual.

• Noncompliance with other applicable safety code.