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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 986

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator McKay moved the following substitute for amendment

12  (573246):

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14         Senate Amendment (with title amendment) 

15         On page 20, between lines 11 and 12,

16

17  insert:

18         Section 3.  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 in the geographic area specified in

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 986

    Amendment No.    





 1  the request.

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

 3  interested in attaching its wireless facilities to a structure

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

 5  interest to the agency managing the structure together with an

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

 7  reasonable detail the provider's requirements for placing its

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

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

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

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

12  hereby declared available unless the proposed facilities would

13  adversely impact the safety of the public or law enforcement,

14  the historic or environmental character of the site, the

15  structural integrity of the structure, the security of a

16  corrections facility as defined in s. 944.02, including

17  facilities operated by private entities with which the

18  Department of Corrections enters into contracts pursuant to s.

19  944.105, or the department's expressed desire to locate its

20  own communications facilities on the structure.

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

22  locate its facilities on an available state structure, the

23  state agency managing the structure shall enter into a lease

24  with the provider without competitive bidding or procurement.

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

26  which the Department of Management Services must establish

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

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

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

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

31  provider will be entitled to make reasonable modifications to

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 986

    Amendment No.    





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

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

 3  than 125% of the original height provided that the

 4  notification requirements of 14 CFR Part 77 and the airspace

 5  requirements of 333.025, and 333.03(1) are met ); (iii) the

 6  provider will be allowed reasonable space in, on or near the

 7  structure to connect and house any accessory equipment; (iv)

 8  the provider will design all antenna attachments and shelters

 9  to minimize any aesthetic impact; (v) the provider's use shall

10  not interfere with any current or future use of the site by

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

12  and grant the provider options to renew for three additional

13  5-year terms.

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

15  revenue annually derived from the lease of state property

16  under this section shall be credited to the agency that

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

18  $5,000,000 revenue annually shall be credited to the school

19  improvement and academic achievement Trust Fund; all the

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

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

22  Department of Management Services, all funds shall be placed

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

24         (f)  If any department, board, agency or commission of

25  the state offers buildings and antenna structures that it owns

26  or manages for the placement of commercial mobile radio

27  services facilities through a fair and open competitive

28  procurement process, subsections (b) through (d) shall not

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

30  90 days of a written request pursuant to subsection (b), or

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 986

    Amendment No.    





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 2  (Redesignate subsequent sections.)

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

 6  And the title is amended as follows:

 7         On page 20, line 22, after the semicolon

 8

 9  insert:

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

11         agencies, departments, boards, and commissions

12         to lease facilities for wireless facilities;

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