CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 4031

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Gay offered the following:

12

13         Amendment (with title amendment) 

14         On page 39, lines 3 through 10

15  remove from the bill:  all of said lines

16

17  and insert in lieu thereof:

18         Section 20.  Section 255.60, Florida Statutes, is

19  created to read:

20         255.60  Lease of State Property for Wireless

21  Facilities.--

22         (a)  Notwithstanding any other statute to the contrary,

23  every department, board, agency or commission of the state

24  which owns or manages buildings or antenna structures shall

25  encourage the placement of commercial mobile radio service

26  facilities on those structures.

27         (b)  Within 90 days of a written request from a

28  commercial mobile radio service provider, a department, board,

29  agency or commission of the state shall provide an inventory

30  of all buildings and antenna structures over 40 feet in height

31  that it owns or manages.

                                  1

    File original & 9 copies    04/17/98
    hrr0004                     03:11 pm         04031-0074-115433




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 4031

    Amendment No. 1 (for drafter's use only)





 1         (c)  If a commercial mobile radio service provider is

 2  interested in attaching its wireless facilities to a structure

 3  owned by the state, the provider must submit a letter of

 4  interest to the agency managing the structure together with an

 5  application fee of $250.  The letter must describe in

 6  reasonable detail the provider's requirements for placing its

 7  facilities on the structure.  Within 45 days of receipt of the

 8  letter, the state agency must notify the provider of the

 9  site's availability and, if available, allow the provider to

10  perform on-site testing.  All state owned structures are

11  hereby declared available unless the proposed facilities would

12  adversely impact the historic or environmental character of

13  the site, the structural integrity of the structure, or the

14  department's expressed desire to locate its own communications

15  facilities on the structure.

16         (d)  If a commercial radio service provider desires to

17  locate its facilities on an available state structure, the

18  state agency managing the structure shall enter into a lease

19  with the provider without competitive bidding or procurement.

20  The terms of the lease shall follow the terms of a model lease

21  which the Department of Management Services must establish

22  within 120 days of the effective date of this act.  The model

23  lease will include, but not be limited to, the following

24  provisions:  (i) rent will be based on fair market value of

25  comparable communication facilities in the state; (ii) the

26  provider will be entitled to make reasonable modifications to

27  the structure to allow their use (including the replacement of

28  an existing pole or tower with a new structure of not more

29  than 125% of the original height); (iii) the provider will be

30  allowed reasonable space in, on or near the structure to

31  connect and house any accessory equipment; (iv) the provider

                                  2

    File original & 9 copies    04/17/98
    hrr0004                     03:11 pm         04031-0074-115433




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 4031

    Amendment No. 1 (for drafter's use only)





 1  will design all antenna attachments and shelters to minimize

 2  any aesthetic impact; (v) the provider's use shall not

 3  interfere with any current or future use of the site by the

 4  state; and (vi) the duration of the lease will be 5 years and

 5  grant the provider options to renew for three additional

 6  5-year terms.

 7         (e)  Fifty percent (50%) of all revenue derived from

 8  the lease of state property under this section shall be

 9  credited to the agency that manages the property; the

10  remaining 50% shall be credited to the school improvement and

11  academic achievement Trust Fund.  If the tower is owned by the

12  Department of Management Services, all funds shall be placed

13  in the State Agency Law Enforcement Radio System Trust Fund.

14         (f)  Notwithstanding any contrary land development

15  regulations, as that term is defined in section 163.3221(7),

16  the construction and operation of wireless communication

17  equipment and facilities, including but not limited to

18  equipment and facilities for instructional television, shall

19  be authorized on any property under the ownership of any

20  School District with the School District's consent and

21  approval.

22

23

24  ================ T I T L E   A M E N D M E N T ===============

25  And the title is amended as follows:

26         On page 3, line 30 through page 4, line 2

27  remove from the title of the bill:  all of said lines

28

29  and insert in lieu thereof:

30         creating s. 255.60, F.S.; requiring state

31         agencies, departments, boards or commissions to

                                  3

    File original & 9 copies    04/17/98
    hrr0004                     03:11 pm         04031-0074-115433




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 4031

    Amendment No. 1 (for drafter's use only)





 1         lease facilities for wireless facilities;

 2

 3

 4

 5

 6

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  4

    File original & 9 copies    04/17/98
    hrr0004                     03:11 pm         04031-0074-115433