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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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,
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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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6 And the title is amended as follows:
7 On page 20, line 22, after the semicolon
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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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