HOUSE AMENDMENT Bill No. HB 1307 CS
1	CHAMBER ACTION
2	Senate House
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12	Representative Mayfield offered the following:
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14	Amendment
15	Remove line(s) 336-465, and insert:
16	(11) FACILITATING E911 SERVICE
17	IMPLEMENTATION.--Notwithstanding any other law or local
18	ordinance to the contrary:
19	(a) Colocation among wireless telephone service providers
20	is encouraged by the state. To further facilitate agreements
21	among providers for colocation of their facilities, any antennae
22	and related equipment to service the antennae that is being
23	colocated on an existing above-ground structure is not subject
24	to land development regulation pursuant to s. 163.3202, provided
25	the height of the existing structure is not increased. However,
26	construction of the antennae and related equipment is subject to
27	local building regulations and any existing permits or
28	agreements for such property, buildings, or structures. Nothing
29	herein shall relieve the permitholder for or owner of the
30	existing structure of compliance with any applicable condition
31	or requirement of a permit, agreement, or land development
32	regulation, including any aesthetic requirements, or law.
33	(b) Local governments shall not require providers to
34	provide evidence of a wireless communications facility's
35	compliance with federal regulations. However, local governments
36	shall receive evidence of proper Federal Communications
37	Commission licensure from a provider and may request the Federal
38	Communications Commission to provide information as to a
39	provider's compliance with federal regulations, as authorized by
40	federal law.
41	(c)1. A local government shall grant or deny a properly
42	completed application for a permit, including permits under
43	paragraph (a), for the colocation of a wireless communications
44	facility on property, buildings, or structures within the local
45	government's jurisdiction within 45 business days after the date
46	the properly completed application is initially submitted in
47	accordance with the applicable local government application
48	procedures, provided that such permit complies with applicable
49	federal regulations and applicable local zoning or land
50	development regulations, including any aesthetic requirements.
51	Local building regulations shall apply.
52	2. A local government shall grant or deny a properly
53	completed application for a permit for the siting of a new
54	wireless tower or antenna on property, buildings, or structures
55	within the local government's jurisdiction within 90 business
56	days after the date the properly completed application is
57	initially submitted in accordance with the applicable local
58	government application procedures, provided that such permit
59	complies with applicable federal regulations and applicable
60	local zoning or land development regulations, including any
61	aesthetic requirements. Local building regulations shall apply.
62	3.a. The local government shall notify the permit
63	applicant within 20 business days after the date the application
64	is submitted as to whether the application is, for
65	administrative purposes only, properly completed and has been
66	properly submitted. However, such determination shall not be
67	deemed as an approval of the application. Such notification
68	shall indicate with specificity any deficiencies which, if
69	cured, shall make the application properly completed.
70	b. If the local government fails to grant or deny a
71	properly completed application for a permit which has been
72	properly submitted within the timeframes set forth in this
73	paragraph, the permit shall be deemed automatically approved and
74	the provider may proceed with placement of such facilities
75	without interference or penalty. The timeframes specified in
76	subparagraphs 1. and 2. shall be extended only to the extent
77	that the permit has not been granted or denied because the local
78	government's procedures generally applicable to all permits,
79	require action by the governing body and such action has not
80	taken place within the timeframes specified in subparagraphs 1.
81	and 2. Under such circumstances, the local government must act
82	to either grant or deny the permit at its next regularly
83	scheduled meeting or, otherwise, the permit shall be deemed to
84	be automatically approved.
85	c. To be effective, a waiver of the timeframes set forth
86	herein must be voluntarily agreed to by the applicant and the
87	local government. A local government may request, but not
88	require, a waiver of the timeframes by an entity seeking a
89	permit, except that, with respect to a specific permit, a one-
90	time waiver may be required in the case of a declared local,
91	state, or federal emergency that directly affects the
92	administration of all permitting activities of the local
93	government.
94	(d) Any additional wireless communications facilities,
95	such as communication cables, adjacent accessory structures, or
96	adjacent accessory equipment used in the provision of cellular,
97	enhanced specialized mobile radio, or personal communications
98	services, required within the existing secured equipment
99	compound within the existing site shall be deemed a permitted
100	use or activity. Local building and land development
101	regulations, including any aesthetic requirements, shall apply.
102	(e) Any other provision of law to the contrary
103	notwithstanding, the Department of Management Services shall
104	negotiate, in the name of the state, leases for wireless
105	communications facilities that provide access to state
106	government-owned property not acquired for transportation
107	purposes, and the Department of Transportation shall negotiate,
108	in the name of the state, leases for wireless communications
109	facilities that provide access to property acquired for state
110	rights-of-way. On property acquired for transportation purposes,
111	leases shall be granted in accordance with s. 337.251. On other
112	state government-owned property, leases shall be granted on a
113	space available, first-come, first-served basis. Payments
114	required by state government under a lease must be reasonable
115	and must reflect the market rate for the use of the state
116	government-owned property. The Department of Management Services
117	and the Department of Transportation are authorized to adopt
118	rules for the terms and conditions and granting of any such
119	leases.
120	(f) Any wireless telephone service provider may report to
121	the board no later than September 1, 2003, the specific
122	locations or general areas within a county or municipality where
123	the provider has experienced unreasonable delay to locate
124	wireless telecommunications facilities necessary to provide the
125	needed coverage for compliance with federal Phase II E911
126	requirements using its own network. The provider shall also
127	provide this information to the specifically identified county
128	or municipality no later than September 1, 2003. Unless the
129	board receives no report that unreasonable delays have occurred,
130	the board shall, no later than September 30, 2003, establish a
131	subcommittee responsible for developing a balanced approach
132	between the ability of providers to locate wireless facilities
133	necessary to comply with federal Phase II E911 requirements
134	using the carrier's own network and the desire of counties and
135	municipalities to zone and regulate land uses to achieve public
136	welfare goals. If a subcommittee is established, it shall
137	include representatives from the Florida Telecommunications
138	Industry Association, the Florida Association of Counties, and
139	the Florida League of Cities. The subcommittee shall be charged
140	with developing recommendations for the board and any
141	specifically identified municipality or county to consider
142	regarding actions to be taken for compliance for federal Phase
143	II E911 requirements. In the annual report due to the Governor
144	and the Legislature by February 28, 2004, the board shall
145	include any recommendations developed by the subcommittee to
146	address compliance with federal Phase II E911 requirements.