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HomeMy WebLinkAbout03-102RESOLUTION NO. 03-102 A RESOLUTION OPPOSZN6 SENATE BILL 1450 AND HOUSE BILL 1307 WHICH WILL PREEMPT MOST, IF NOT ALL OF LOCAL 6OVERNMENT'S ZONIN~ AUTHORITY W'rTH RESPECT TO THE PLACIN~ OF WIRELESS FACILITIES TNCLUDIN6, BUT NOT I TMZTED TO TOWERS AND ANTENNAS: AND WILL ALSO ELIMINATE LOCAL 6OVERNMENTS' RI6HTS TO REQUIRE PROOF OF CONFORMANCE WITH FCC RF EM]:SSION STANDARDS WHEREAS, the Board of County Commissioners of St. Lucia County, Florida, has made the following determinations: 1. Senate I~il11450 and House Bill 1307, currently pending in Tallahassee in its current form, will preempt much, if not all of local government's zoning authority with respect to the placing of wireless facilities including, but not limited to towers and antennas. 2. This preemption covers everything from leased fac/I/ties on public property to resident/al neighborhoods. 3. Further, the proposed bills eliminate local governments' rights to require proof of conformance with FCC I~F emission standards. Local governments have no independent authority to regulate RF emissions thus, this provision would leave local communities with absolutely no basis to question such emissions. 4. This Board believes it is in the best interest of the health, safety, and public welfare of the citizens of St. Lucia County to oppose Senate Bill 1450 and House Bill 1307. NOW, THEREFORE, BE ZT RESOLVED by the Board of County Commissioners of St. Lucia County, Florida: 1. The Board does hereby oppose Senate Bill 14§0 and House B/Il ]$07 which will preempt most, if not oil of local government's zoning authority with respect to the placing of wireless facilities including, but not limited to towers and antennas. 2. This Board does hereby further oppose the bills which eliminates local governments' rights to require proof of conformance with FCC I~F emission standards. 3. The County Administrator is hereby directed to forward a copy of this resolution to ~overnor geb Bush, and Members of the Florido Legislature. After motion and second the vote on this resolution was as follows: CHA:T. RMAN CLIFF BARNES ABSENT VICE CHAIRMAN PAULA A. LEWIS AYE COMMT. 55~.ONER FRANN:~E HUTCHINSON AYE COMM~55IONER DOUG COWARD AYE COMMISSIONER ~'OHN I::). BRUHN AYE PASSED AND DULY ADOPTED this 8th day of April, 2003. ATTEST: BOARD OF COUNTY COMM'rSSiONERS ST. LUCIE COUNTY, FLORTDA OI:PUTY CLERK ~'1~'~' CHA~RM,~N APPROVI~D AS TO LEGAL FORM AND