SENATE AMENDMENT
    Bill No. CS for CS for SB 1450
    Amendment No. 1   Barcode 850854
                            CHAMBER ACTION
              Senate                               House
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       04/30/2003 06:08 PM         .                    
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11  The Committee on Finance and Taxation recommended the
12  following amendment:
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14         Senate Amendment 
15         On page 11, line 28, through
16            page 14, line 29, delete those lines
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18  and insert:  existing permits or agreements for such property,
19  buildings, or structures. Nothing in this subsection relieves
20  the permitholder for or owner of the existing structure from
21  compliance with any applicable condition or requirement of a
22  permit, agreement, or land development regulation, including
23  any aesthetic requirements, or law.
24         (b)  Local governments shall not require providers to
25  provide evidence of a wireless communications facility's
26  compliance with federal regulations; however, local
27  governments shall receive evidence of proper Federal
28  Communications Commission licensure from any provider and may
29  request the Federal Communications Commission to provide
30  information as to a provider's compliance with federal
31  regulations, as authorized by federal law.
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    5:35 PM   04/15/03                                 s1450.ft.01

SENATE AMENDMENT Bill No. CS for CS for SB 1450 Amendment No. 1 Barcode 850854 1 (c)1. A local government shall grant or deny a 2 properly completed application for a permit, including permits 3 under paragraph (a), for the colocation of a wireless 4 communications facility on property, buildings, or structures 5 within the local government's jurisdiction within 45 business 6 days after the date the properly completed application is 7 initially submitted in accordance with the applicable local 8 government application procedures, provided that such permit 9 complies with applicable federal regulations and applicable 10 local zoning or land development regulations, including any 11 aesthetic requirements. Local building regulations shall 12 apply. 13 2. A local government shall grant or deny a properly 14 completed application for a permit for the siting of a new 15 wireless tower or antenna on property, buildings, or 16 structures within the local government's jurisdiction within 17 90 business days after the date the properly completed 18 application is initially submitted in accordance with the 19 applicable local government application procedures, provided 20 that such permit complies with applicable federal regulations 21 and applicable local zoning or land development regulations, 22 including any aesthetic requirements. Local building 23 regulations shall apply. 24 3.a. The local government shall notify the permit 25 applicant within 20 business days after the date the 26 application is submitted as to whether the application is, for 27 administrative purposes only, properly completed and has been 28 properly submitted; however, such determination shall not be 29 deemed as an approval of the application. Such notification 30 shall indicate with specificity any deficiencies that, if 31 cured, shall make the application properly completed. 2 5:35 PM 04/15/03 s1450.ft.01
SENATE AMENDMENT Bill No. CS for CS for SB 1450 Amendment No. 1 Barcode 850854 1 b. If the local government fails to grant or deny a 2 properly completed application for a permit which has been 3 properly submitted within the timeframes set forth in this 4 paragraph, the permit shall be deemed automatically approved 5 and a provider may proceed with placement of such facilities 6 without interference or penalty. The timeframes specified in 7 subparagraphs 1. and 2. shall be extended only to the extent 8 that the permit has not been granted or denied because the 9 local government's procedures generally applicable to all 10 permits require action by the governing body and such action 11 has not taken place within the timeframes specified in 12 subparagraphs 1. and 2. Under such circumstances, the local 13 government must act to either grant or deny the permit at its 14 next regularly scheduled meeting or, otherwise, the permit 15 shall be deemed to be automatically approved. 16 c. To be effective, a waiver of the timeframes in this 17 paragraph must be voluntarily agreed to by the applicant and 18 the local government. A local government may request, but not 19 require, a waiver of the timeframes by an entity seeking a 20 permit, except that, with respect to a specific permit, a 21 one-time waiver may be required in the case of a declared 22 local, state, or federal emergency that directly affects the 23 administration of permitting activities of the local 24 government. 25 (d) Any additional wireless communications facilities, 26 such as communication cables, adjacent accessory structures, 27 or adjacent accessory equipment used in the provision of 28 cellular, enhanced specialized mobile radio, or personal 29 communications services, required within the existing secured 30 equipment compound at an existing site shall be deemed a 31 permitted use or activity. Local building and land development 3 5:35 PM 04/15/03 s1450.ft.01
SENATE AMENDMENT Bill No. CS for CS for SB 1450 Amendment No. 1 Barcode 850854 1 regulations, including any aesthetic requirements, shall 2 apply. 3 (e) Any other provision of law to the contrary 4 notwithstanding, the Department of Management Services shall 5 negotiate, in the name of the state, leases for wireless 6 communications facilities that provide access to state 7 government-owned property not acquired for transportation 8 purposes, and the Department of Transportation shall 9 negotiate, in the name of the state, leases for wireless 10 communications facilities that provide access to property 11 acquired for state rights-of-way. On property acquired for 12 transportation purposes, leases shall be granted in accordance 13 with s. 337.251. On other state government-owned property, 14 leases shall be granted on a space available, first-come, 15 first-served basis. Payments required by state government 16 under a lease must be reasonable and must reflect the market 17 rate for the use of the state government-owned property. The 18 Department of Management Services and the Department of 19 Transportation are authorized to adopt rules for the terms and 20 conditions and granting of any such leases. 21 (f) Any wireless telephone service provider may report 22 to the board no later than September 1, 2003, the specific 23 locations or general areas within a county or municipality 24 where the provider has experienced unreasonable delay to 25 locate wireless telecommunications facilities necessary to 26 provide the needed coverage for compliance with federal phase 27 II E911 requirements using its own network. The provider shall 28 also provide this information to the county or municipality no 29 later than September 1, 2003. Unless the board receives no 30 report that unreasonable delays have occurred, the board 31 shall, no later than September 30, 2003, establish a 4 5:35 PM 04/15/03 s1450.ft.01
SENATE AMENDMENT Bill No. CS for CS for SB 1450 Amendment No. 1 Barcode 850854 1 subcommittee responsible for developing a balanced approach 2 between the ability of providers to locate wireless facilities 3 necessary to comply with federal phase II E911 requirements 4 using the carrier's own network and the desire of counties and 5 municipalities to zone and regulate land uses to achieve 6 public welfare goals. The subcommittee shall include 7 representatives from the Florida Telecommunications Industry 8 Association, the Florida Association of Counties, and the 9 Florida League of Cities. The subcommittee shall be charged 10 with developing recommendations for the board and any 11 specifically identified municipality or county to consider 12 regarding actions to be taken for compliance for federal phase 13 II E911 requirements. In the annual report due to the Governor 14 and the Legislature by February 28, 2004, the board shall 15 include any recommendations developed by the subcommittee to 16 address compliance with federal phase II E911 requirements. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 5:35 PM 04/15/03 s1450.ft.01