HOUSE AMENDMENT

                                               Bill No. CS/HB 4031

    Amendment No.     (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) Crady offered the following:

12

13         Amendment to Amendment (714405) (with title amendment) 

14         On page 33, line 25, through page 35, line 19, of the

15  amendment

16  remove all of said lines from the amendment,

17

18  and insert in lieu thereof:

19         255.60  Lease of state property for wireless

20  facilities.--Except with respect to any state correctional

21  institution as defined in s. 944.02, including facilities

22  operated by private entities with which the Department of

23  Corrections enters into contracts pursuant to s. 944.105:

24         (1)  Notwithstanding any other provision of law to the

25  contrary, every department, board, agency, or commission of

26  the state which owns or manages buildings or antenna

27  structures shall encourage the placement of commercial mobile

28  radio service facilities on those structures.

29         (2)  Within 90 days after a written request from a

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

31  agency, or commission of the state shall provide an inventory

                                  1

    File original & 9 copies    04/21/98
    hbd0022                     10:46 am         04031-0012-464363




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 4031

    Amendment No.     (for drafter's use only)





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

 2  that it owns or manages.

 3         (3)  If a commercial mobile radio service provider is

 4  interested in attaching its wireless facilities to a structure

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

 6  interest to the agency managing the structure, together with

 7  an application fee of $250.  The letter must describe in

 8  reasonable detail the provider's requirements for placing its

 9  facilities on the structure.  Within 45 days after receipt of

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

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

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

13  hereby declared available unless the proposed facilities would

14  adversely impact the historic or environmental character of

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

16  department's expressed desire to locate its own communications

17  facilities on the structure.

18         (4)  If a commercial radio service provider desires to

19  locate its facilities on an available state structure, the

20  state agency managing the structure shall enter into a lease

21  with the provider without competitive bidding or procurement.

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

23  which the Department of Management Services must establish

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

25  lease shall include, but not be limited to, the following

26  provisions:

27         (a)  Rent shall be based on fair market value of

28  comparable communication facilities in the state.

29         (b)  The provider shall be entitled to make reasonable

30  modifications to the structure to allow their use, including

31  the replacement of an existing pole or tower with a new

                                  2

    File original & 9 copies    04/21/98
    hbd0022                     10:46 am         04031-0012-464363




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 4031

    Amendment No.     (for drafter's use only)





 1  structure of not more than 125 percent of the original height.

 2         (c)  The provider shall be allowed reasonable space in,

 3  on or near the structure to connect and house any accessory

 4  equipment.

 5         (d)  The provider shall design all antenna attachments

 6  and shelters to minimize any aesthetic impact.

 7         (e)  The provider's use shall not interfere with any

 8  current or future use of the site by the state.

 9         (f)  The duration of the lease shall be 5 years and

10  shall grant the provider options to renew for three additional

11  5-year terms.

12         (5)  Fifty percent of all revenue derived from the

13  lease of state property under this section shall be credited

14  to the agency that manages the property and the remaining 50

15  percent shall be credited to the school improvement and

16  academic achievement Trust Fund.  If the tower is owned by or

17  under the control of the Department of Management Services,

18  all funds shall be placed in the State Agency Law Enforcement

19  Radio System Trust Fund.

20

21

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

23  And the title is amended as follows:

24         On page 58, line 13 of the amendment

25

26  insert after the word "facilities":

27         , other than correctional facilities,

28

29

30

31

                                  3

    File original & 9 copies    04/21/98
    hbd0022                     10:46 am         04031-0012-464363