Florida Cities File Constitutional Challenge Over 5G Rules

BY JIM SAUNDERS, THE NEWS-JOURNAL AUGUST 14, 2019 https://www.govtech.com/network/Florida-Cities-File-Constitutional-Challenge-Over-5G-Rules.html

Cities contend state law violates the state Constitution in a variety of ways, including infringing on home-rule powers. Along with fee limits, the cities take issue with tight schedules for review and approval.

(TNS) — The Florida League of Cities and three communities this week filed a renewed constitutional challenge to a state law that is expected to help telecommunications companies install wireless technology on city-owned utility poles and in public rights of way.

The league and the cities of Fort Walton Beach, Naples and Port Orange filed the lawsuit Monday in Leon County circuit court, about three months after filing a similar challenge to a 2017 state law. The new case incorporates changes the Legislature made this year to the law, which involves the installation of antennas and other equipment that telecommunications companies need for new 5G technology.

The revised case, in part, targets a change that lawmakers made this year that could open cities to lawsuits in state or federal courts — including being required to pay costs and attorney fees — if they violate the wireless-technology law. Attorneys for the cities contend that the change violates the constitutional separation of powers.

See more at https://www.govtech.com/network/Florida-Cities-File-Constitutional-Challenge-Over-5G-Rules.html

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