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





                                                   HOUSE AMENDMENT

                                        Bill No. HB 4039, 1st Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Sanderson and Gay offered the following:

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13         Amendment (with title amendment) 

14         On page 2, between lines 7 and 8,

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16  insert:

17         Section 2.  Section 255.60, Florida Statutes, is

18  created to read:

19         255.60  Lease of State Property for Wireless

20  Facilities.--

21         (1)  Notwithstanding any other statute to the contrary,

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

23  which owns or manages buildings or antenna structures shall

24  encourage the placement of commercial mobile radio service

25  facilities on those structures.

26         (2)  Within 90 days of a written request from a

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

28  agency or commission of the state shall provide an inventory

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

30  that it owns or manages in the geographic area specified in

31  the request.

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                                                   HOUSE AMENDMENT

                                        Bill No. HB 4039, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         (3)  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, the

14  security of a corrections facility as defined in s. 944.02,

15  including facilities operated by private entities with which

16  the Department of Corrections enters into contracts pursuant

17  to s. 944.105, or the department's expressed desire to locate

18  its own communications facilities on the structure.

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

20  locate its facilities on an available state structure, the

21  state agency managing the structure shall enter into a lease

22  with the provider without competitive bidding or procurement.

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

24  which the Department of Management Services must establish

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

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

27  provisions:

28         (a)  Rent will be based on fair market value of

29  comparable communication facilities in the state.

30         (b)  The provider will be entitled to make reasonable

31  modifications to the structure to allow their use (including

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                                                   HOUSE AMENDMENT

                                        Bill No. HB 4039, 1st Eng.

    Amendment No.     (for drafter's use only)





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

 2  structure of not more than 125% of the original height).

 3         (c)  The provider will be allowed reasonable space in,

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

 5  equipment.

 6         (d)  The provider will design all antenna attachments

 7  and shelters to minimize any aesthetic impact.

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

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

10         (f)  The duration of the lease will be 5 years and

11  grant the provider options to renew for three additional

12  5-year terms.

13         (5)  Fifty percent (50%) of the first $5,000,000

14  revenue annually derived from the lease of state property

15  under this section shall be credited to the agency that

16  manages the property; the remaining 50% of the first

17  $5,000,000 revenue annually shall be credited to the school

18  improvement and academic achievement Trust Fund; all the

19  revenue exceeding $5,000,000 annually shall be credited to the

20  agency.  If the tower is owned by or under the control of the

21  Department of Management Services, all funds shall be placed

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

23         (6)  If any department, board, agency or commission of

24  the state offers buildings and antenna structures that it owns

25  or manages for the placement of commercial mobile radio

26  services facilities through a fair and open competitive

27  procurement process, subsections (2) through (4) shall not

28  apply, if such bid or request for proposal is published within

29  90 days of a written request pursuant to subsection (2), or

30  within 90 days of the effective date of this act.

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                                                   HOUSE AMENDMENT

                                        Bill No. HB 4039, 1st Eng.

    Amendment No.     (for drafter's use only)





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

 2  And the title is amended as follows:

 3         On page 1, line 3,

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 5  after "events;" insert:

 6         creating s. 255.60, F.S., relating to

 7         procedures for locating wireless facilities on

 8         state-owned buildings and structures;

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    File original & 9 copies    04/28/98
    hbd0001                     12:45 pm         04039-0091-850781