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City commissioners on Tuesday gave first reading to an ordinance updating chapters governing wireless communication towers and small wireless facilities in city rights-of-way while staff and residents debated how much the city can regulate given state and federal preemptions.
What staff proposed: The ordinance amends Chapter 131 (large towers) and Chapter 132 (communication facilities in city rights-of-way) to add clear review criteria, clarify application and fee approaches and create protocols for emergency and technical reviews. City attorneys emphasized they had tried to avoid conflict with state and federal preemptions and consulted outside counsel familiar with Children’s Health Network v. FCC.
Administrative capacity and costs: City Manager and staff said reviews are typically received in batches and lack internal technical expertise on wireless engineering; their plan is to secure on-call consultant contracts (RF/wireless experts) to review technical applications when batches arrive and to recover allowable costs through pass-through fees “to the extent allowed by state and federal law.” Commissioners discussed whether counties or the FDOT could provide subject-matter support.
Public reaction: Multiple residents described personal impact from recent towers near homes. Deb Schechner told the commission that opponents on social media had spread misinformation but urged people to read commission records; she said investments to maintain services justify revenue measures. Kelly Lehman Frederick, who identified her address in the Don Cesar historic neighborhood, said she successfully sought removal of a large tower near her home and urged the city to remain “brave” in defending beach neighborhoods from intrusive installations and potential property-value impacts.
FDOT and right-of-way limits: Staff explained FDOT controls Gulf Boulevard and performs its own reviews of facilities in state rights-of-way; the city’s ordinance is written to govern city-owned rights-of-way while complying with the state’s small-wireless preemption rules. Commissioners asked about setbacks and the ordinance’s “125% of facility height” fall-radius standard; staff said that standard governs the required setback from existing buildings to provide an extra cushion if a pole fails.
Outcome: The commission approved first reading of the wireless ordinance by roll call and directed staff to continue developing technical-review contracts and fee mechanisms within legal limits.
What’s next: Staff will solicit qualifications/proposals for technical reviewers and refine fee language for second reading; the commission asked staff to continue outreach to neighborhoods and check registration lists for existing facilities.
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