HB 1495

1	A bill to be entitled
2	An act relating to wireless emergency telephone service;
3	amending s. 365.172, F.S.; defining "administrative
4	review," "building permit review," "collocation,"
5	"existing structure," "land development regulation,"
6	"tower," "wireless communications facility," and "wireless
7	communications site"; revising provisions for facilitating
8	service implementation; providing minimum standards
9	applicable to local government regulation of the
10	placement, construction, or modification of wireless
11	communications facilities; providing for administrative
12	review and building permit review by local government
13	authorities; providing for land use and zoning regulatory
14	powers by local governments; limiting imposition of fee,
15	fine, surety, or insurance requirements by local
16	government upon a wireless communications provider;
17	revising procedures for submission, review, and approval
18	or denial by local government authorities of applications
19	related to placement, construction, or modification of
20	wireless communications facilities; restricting
21	moratoriums and actions or inactions which delay
22	placement, construction, or modification of wireless
23	communications facilities or review of applications
24	related thereto; providing for square footage and height
25	limitations which shall supersede current limitations;
26	providing for local regulation of modifications; providing
27	procedures for requiring removal of any wireless
28	facilities or any related equipment; requiring county and
29	municipal regulations and procedures to conform to
30	specified state law; providing procedures for certain
31	actions against a local government; requiring
32	nonconforming regulations and procedures be changed or
33	amended to conform within certain time period; providing
34	an effective date.
35
36	Be It Enacted by the Legislature of the State of Florida:
37
38	Section 1.  Subsections (3) and (11) of section 365.172,
39	Florida Statutes, are amended to read:
40	365.172  Wireless emergency telephone number "E911."--
41	(3)  DEFINITIONS.--As used in this section and ss. 365.173
42	and 365.174, the term:
43	(a)  "Active prepaid wireless telephone" means a prepaid
44	wireless telephone that has been used by the customer during the
45	month to complete a telephone call for which the customer's card
46	or balance was decremented.
47	(b)  "Administrative review" means nondiscretionary review
48	for compliance with applicable local government regulations
49	through a staff level review only and shall not include any
50	public hearing or public input review.
51	(c)(b)  "Answering point" means the public safety agency
52	that receives incoming 911 calls and dispatches appropriate
53	public safety agencies to respond to such calls.
54	(d)(c)  "Automatic location identification" means the
55	capability of the E911 service which enables the automatic
56	display of information that defines the approximate geographic
57	location of the wireless telephone used to place a 911 call.
58	(e)(d)  "Automatic number identification" means the
59	capability of the E911 service which enables the automatic
60	display of the 10-digit service number used to place a 911 call.
61	(f)(e)  "Board" means the board of directors of the
62	Wireless 911 Board.
63	(g)  "Building permit review" means only review for
64	compliance with applicable local government building
65	construction standards adopted pursuant to the provisions of
66	chapter 553 and does not include review for compliance with land
67	development regulations.
68	(h)  "Collocation" means use of an existing structure to
69	place antennas by more than one provider of wireless
70	communications. The term "collocation" includes the ground,
71	platform, or roof installation of related equipment enclosures,
72	cabinets or buildings, cables, brackets, and other such
73	equipment associated with the placement and operation of the
74	antennas.
75	(i)(g)  "E911" is the designation for a wireless enhanced
76	911 system or wireless enhanced 911 service that is an emergency
77	telephone system or service that provides a subscriber with
78	wireless 911 service and, in addition, directs 911 calls to
79	appropriate public safety answering points by selective routing
80	based on the geographical location from which the call
81	originated, or as otherwise provided in the state plan under s.
82	365.171, and that provides for automatic number identification
83	and automatic location-identification features in accordance
84	with the requirements of the order.
85	(j)  "Existing structure" means any structure on which
86	antennas can be placed that exists at the time of a request to a
87	local government to place antennas. The term "existing
88	structure" includes, but is not limited to, towers, buildings,
89	utility structures, light poles, water towers, clock towers,
90	bell towers, steeples, and the like, which allow for the
91	attachment of antennas.
92	(k)(h)  "Fee" means the E911 fee imposed under subsection
93	(8).
94	(l)(i)  "Fund" means the Wireless Emergency Telephone
95	System Fund established in s. 365.173 and maintained under this
96	section for the purpose of recovering the costs associated with
97	providing 911 service or E911 service, including the costs of
98	implementing the order.
99	(m)  "Land development regulation" means any ordinance
100	enacted by a local governing body for the regulation of any
101	aspect of development, including any zoning, subdivision,
102	building construction, landscaping, tree protection, or sign
103	regulation or any other regulation concerning any aspect of the
104	development of land. The term "land development regulation"
105	shall not include any building construction standard adopted
106	pursuant to and in compliance with the provisions of chapter
107	553.
108	(n)(j)  "Local exchange carrier" means a "competitive local
109	exchange telecommunications company" or a "local exchange
110	telecommunications company" as defined in s. 364.02.
111	(o)(k)  "Local government" means any municipality, county,
112	or political subdivision or agency of a municipality, county, or
113	political subdivision.
114	(p)(l)  "Mobile telephone number" or "MTN" means the
115	telephone number assigned to a wireless telephone at the time of
116	initial activation.
117	(q)(f)  "Office" means the State Technology Office.
118	(r)(m)  "Order" means:
119	1.  The following orders and rules of the Federal
120	Communications Commission issued in FCC Docket No. 94-102:
121	a.  Order adopted on June 12, 1996, with an effective date
122	of October 1, 1996, the amendments to s. 20.03 and the creation
123	of s. 20.18 of Title 47 of the Code of Federal Regulations
124	adopted by the Federal Communications Commission pursuant to
125	such order.
126	b.  Memorandum and Order No. FCC 97-402 adopted on December
127	23, 1997.
128	c.  Order No. FCC DA 98-2323 adopted on November 13, 1998.
129	d.  Order No. FCC 98-345 adopted December 31, 1998.
130	2.  Orders and rules subsequently adopted by the Federal
131	Communications Commission relating to the provision of wireless
132	911 services.
133	(s)(n)  "Provider" means a person or entity who provides
134	service and either:
135	1.  Is subject to the requirements of the order; or
136	2.  Elects to provide wireless 911 service or E911 service
137	in this state.
138	(t)(o)  "Prepaid wireless telephone service" means wireless
139	telephone service that is activated in advance by payment for a
140	finite dollar amount of service or for a finite set of minutes
141	that terminate either upon use by a customer and delivery by the
142	wireless provider of an agreed-upon amount of service
143	corresponding to the total dollar amount paid in advance or
144	within a certain period of time following the initial purchase
145	or activation, unless additional payments are made.
146	(u)(p)  "Public agency" means the state and any
147	municipality, county, municipal corporation, or other
148	governmental entity, public district, or public authority
149	located in whole or in part within this state which provides, or
150	has authority to provide, firefighting, law enforcement,
151	ambulance, medical, or other emergency services.
152	(v)(q)  "Public safety agency" means a functional division
153	of a public agency which provides firefighting, law enforcement,
154	medical, or other emergency services.
155	(w)(r)  "Rural county" means any county that has a
156	population of fewer than 75,000.
157	(x)(s)  "Service" means "commercial mobile radio service"
158	as provided under ss. 3(27) and 332(d) of the Federal
159	Telecommunications Act of 1996, 47 U.S.C., ss. 151 et seq., and
160	the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-
161	66, August 10, 1993, 107 Stat. 312. The term "service" includes
162	the term "wireless" and service provided by any wireless real-
163	time two-way wire communication device, including radio-
164	telephone communications used in cellular telephone service;
165	personal communications service; or the functional or
166	competitive equivalent of a radio-telephone communications line
167	used in cellular telephone service, a personal communications
168	service, or a network radio access line. The term does not
169	include wireless providers that offer mainly dispatch service in
170	a more localized, noncellular configuration; providers offering
171	only data, one-way, or stored-voice services on an
172	interconnected basis; providers of air-to-ground services; or
173	public coast stations.
174	(y)(t)  "Service number" means the unique 10-digit wireless
175	telephone number assigned to a service subscriber.
176	(z)(u)  "Sufficient positive balance" means a dollar amount
177	greater than or equal to the monthly wireless surcharge amount.
178	(aa)  "Tower" means any structure designed primarily to
179	support wireless antennas.
180	(bb)  "Wireless communications facility" or "facilities"
181	means any equipment or facility used to provide service and
182	includes, but is not limited to, antennas, towers, equipment
183	enclosures, cabling, antenna brackets, and other such equipment.
184	(cc)  "Wireless communications site" means the area of the
185	rooftop, structure, or ground that is designed, intended to be
186	used, or used for the placement of wireless communications
187	facilities, all related facilities and areas, and any fencing or
188	landscaping provided in association with the wireless
189	communications facility or facilities.
190	(dd)(v)  "Wireless 911 system" or "wireless 911 service"
191	means an emergency telephone system or service that provides a
192	subscriber with the ability to reach an answering point by
193	dialing the digits "911." A wireless 911 system is complementary
194	to a wired 911 system as provided for in s. 365.171.
195	(11)  FACILITATING E911 SERVICE IMPLEMENTATION.--It is in
196	the best interest of the public to have efficient and reliable
197	E911 systems, of which wireless communications systems are an
198	essential part. Because the Federal Government and the State of
199	Florida have chosen to establish the wireless E911 systems
200	through commercial wireless communications systems rather than
201	through a public wireless system, the provision of an efficient
202	and reliable wireless E911 service is dependent upon an
203	efficient and reliable wireless non-E911 system. Consequently,
204	it is in the best interest of the public for the state to have
205	efficient and reliable commercial wireless services. It is also,
206	however, in the best interest of the public to coordinate the
207	implementation of local government zoning and land use rights
208	and the development of a viable commercial wireless system to
209	protect the public health, safety, and general welfare.
210	Therefore, to balance the public need for reliable wireless
211	systems and local government zoning and land use rights,
212	notwithstanding any other law or local ordinance to the
213	contrary, the following minimum standards shall apply to local
214	government regulation of the placement, construction, or
215	modification of wireless communications facilities:
216	(a)1.  To reduce the proliferation of new towers,
217	collocation, as defined in subsection (3), Colocation among
218	wireless telephone service providers is encouraged by the state.
219	To further facilitate agreements among providers for colocation
220	of their facilities, Any antenna antennae and related equipment
221	to service the antennae that is being collocated colocated on an
222	existing above-ground structure in a manner that does not
223	increase the height of the existing structure or any existing
224	antenna, whichever is higher, and any placement, construction,
225	operation, and maintenance of the related equipment to serve
226	such antenna are is not subject to land development regulation
227	and shall only require building permit review as defined in
228	subsection (3) pursuant to s. 163.3202, provided the height of
229	the existing structure is not increased. However, construction
230	of the antennae and related equipment is subject to local
231	building regulations and any existing permits or agreements for
232	such property, buildings, or structures. Nothing herein shall
233	relieve the permitholder for or owner of the existing structure
234	from of compliance with any applicable previously approved and
235	existing condition or requirement of a permit or, agreement, or
236	land development regulation, including any previously approved
237	aesthetic requirements, imposed by administrative order,
238	resolution, or ordinance for development of the specific
239	wireless communications site that is not inconsistent with this
240	subsection law.
241	2.  To reduce the proliferation of new towers, the
242	placement of antennae on existing structures is encouraged. To
243	encourage such placement, antenna placements not addressed by
244	subparagraph 1. on any existing structures except single-family
245	dwellings, and their related support equipment, shall be
246	reviewed through no more than an administrative review and
247	building permit review as defined in subsection (3).
248	3.  To encourage collocations and to discourage the
249	proliferation of new towers, an existing tower, including a
250	nonconforming tower, may be increased in height a reasonable
251	amount to allow for the collocation, either through an extension
252	or replacement of the tower. The height extension of a tower or
253	the replacement of an existing tower shall be subject only to
254	administrative review and building permit review as defined in
255	subsection (3).
256	(b)  Local governments shall use their land use and zoning
257	regulatory powers over the placement, construction, and
258	modification of wireless communications facilities only to the
259	extent necessary to mitigate against an identified adverse
260	effect that the proposed wireless communications facility would
261	have upon the public health, safety, and general welfare, as
262	balanced against the public benefit of a reliable E911 system.
263	1.  A local government's regulatory authority over the
264	placement, construction, and modification of wireless facilities
265	is based solely on a local government's land use and zoning
266	authority. In exercising this authority, a local government and
267	its agents shall not review or consider a provider's business
268	need for a particular wireless communications site or the
269	necessity for the wireless communications service to be provided
270	at a particular site. A local government shall not evaluate the
271	provider's wireless service quality or the network design of the
272	wireless service. The application of a local government's land
273	use or zoning authority in regulating the placement,
274	construction, or modification of the wireless communications
275	facilities shall be limited to evaluating relevant land use and
276	zoning issues only.
277	2.  Setback or distance separation requirements shall apply
278	only to towers and shall be only the minimum necessary to
279	address an identified health, safety, or general welfare issue
280	that is directly protected by virtue of the setback or distance
281	separation requirement. A setback or distance separation imposed
282	upon towers shall be the equivalent requirement that is imposed
283	upon similar structures such as electrical distribution and
284	transmission structures, utility poles, or light poles.
285	3.  So that the wireless communications systems and the
286	E911 services supported by these systems can be provided
287	efficiently as well as reliably, height limitations on wireless
288	communications facilities shall have a rational nexus between
289	the number of sites necessary to serve the jurisdiction's
290	reasonably projected population and consumer usage. No local
291	government shall restrict the height of such structures to a
292	height that will unreasonably increase the number of antenna
293	sites required to provide the wireless communications over the
294	number reasonably necessary to serve that projected population
295	and usage. Local governments are discouraged from encouraging
296	the design of single-provider towers.
297	4.  If aesthetic protections or protections against visual
298	impacts are used as the justification for the regulation of the
299	placement, construction, or modification of wireless
300	communications facilities, the regulations adopted and applied
301	shall be directly related to that aesthetic or visual impact
302	protection and shall be the minimum necessary to provide such
303	protection.
304	5.  A local government's regulations, as written and
305	applied, shall provide a reasonable opportunity for the
306	placement, construction, and modification of wireless
307	communications facilities in some reasonable manner, consistent
308	with all provisions of this subsection, in all parts of a local
309	government's jurisdiction unless it can be specifically
310	demonstrated that a prohibition of all types of wireless
311	communications facilities in a specific location or area is the
312	only manner in which to protect the public health, safety, and
313	general welfare.
314	6.  In the placement, construction, and modification of
315	wireless communications facilities, a local government may not
316	impose a fee, fine, surety, or insurance requirement upon a
317	wireless communications provider that is not routinely imposed
318	upon applicants seeking or subject to other similar types of
319	zoning, land use, or building permit reviews. The recovery of
320	costs from wireless providers incurred by a jurisdiction in its
321	preparation or adoption of zoning, land use regulations,
322	ordinances, or law regulating wireless communications facilities
323	is prohibited. Fees for review of zoning or land use
324	applications by consultants or experts who are routinely engaged
325	to review general zoning and land use matters on behalf of the
326	jurisdiction may be recovered, but only if such recovery is
327	routinely sought from all applicants seeking zoning or land use
328	approvals and any fees charge shall be reasonable. Review of
329	applications for wireless communications facilities by the
330	jurisdiction or the jurisdiction's consultants or experts shall
331	be only what is necessary for the land use review of the
332	application.
333	(c)(b)  Local governments shall not require providers to
334	provide evidence of a wireless communications facility's
335	compliance with federal regulations. However, local governments
336	may request shall receive evidence of proper Federal
337	Communications Commission licensure or other evidence of Federal
338	Communications Commission authorized spectrum use from a
339	provider and may request the Federal Communications Commission
340	to provide information as to a provider's compliance with
341	federal regulations, as authorized by federal law.
342	(d)(c)1.  A local government shall grant or deny each a
343	properly completed application for any applicable local
344	government approval required a permit, including permits under
345	paragraph (a), for the placement colocation of antennas and any
346	related equipment a wireless communications facility on
347	property, an approved tower, or an existing structure buildings,
348	or structures within the local government's jurisdiction within
349	45 business days after the date the properly completed
350	application is determined to be properly completed initially
351	submitted in accordance with this section the applicable local
352	government application procedures, provided that such permit
353	complies with applicable federal regulations and applicable
354	local zoning or land development regulations, including any
355	aesthetic requirements. Local building regulations shall apply.
356	2.  A local government shall grant or deny each properly
357	completed application for any applicable local government
358	approval required for the modification of an existing structure
359	to allow the placement of antennas, and any related equipment,
360	that only requires administrative review or building permit
361	review, as defined in subsection (3), within 45 business days
362	after the date the application is determined to be properly
363	completed in accordance with this section.
364	3.2.  A local government shall grant or deny each a
365	properly completed application for any applicable a permit for
366	the siting of a new wireless tower or modification of an
367	existing structure that requires more than administrative review
368	or building permit review, as defined in subsection (3), antenna
369	on property, buildings, or structures within the local
370	government's jurisdiction within 90 business days after the date
371	the properly completed application is determined to be properly
372	completed initially submitted in accordance with this section
373	the applicable local government application procedures, provided
374	that such permit complies with applicable federal regulations
375	and applicable local zoning or land development regulations,
376	including any aesthetic requirements. Local building regulations
377	shall apply.
378	4.a.3.a.  An application shall be deemed submitted or
379	resubmitted on the date the application is filed with the local
380	government. The local government shall notify the permit
381	applicant within 10 20 business days after the date the
382	application is initially submitted as to whether the application
383	is, for administrative purposes only, properly completed and has
384	been properly submitted. However, such determination shall not
385	be deemed as an approval of the application. If the application
386	is not complete in accordance with applicable local government
387	application procedures, the Such notification shall indicate
388	with specificity any deficiencies which, if cured, shall make
389	the application properly completed. Upon resubmission of
390	information to cure the stated deficiencies, the local
391	government shall notify the applicant within 10 days after the
392	additional information is submitted whether the application is
393	properly completed or if there are any remaining deficiencies
394	which must be cured. Any deficiencies not specified by the local
395	government in the initial notice are waived.
396	b.  If the local government fails to grant or deny a
397	properly completed application for a permit which has been
398	properly submitted within the timeframes set forth in this
399	subsection, the applicable local government application
400	paragraph, the permit shall be deemed automatically approved and
401	the applicant provider may proceed with placement of such
402	facilities without interference or penalty. The timeframes
403	specified in subparagraph 3. subparagraphs 1. and 2. shall be
404	extended only to the extent that the permit has not been granted
405	or denied because the local government's procedures generally
406	applicable to all permits, require action by the governing body
407	and such action has not taken place within the timeframes
408	specified in subparagraph 3. subparagraphs 1. and 2. Under such
409	circumstances, the local government must act to either grant or
410	deny the permit at its next regularly scheduled meeting or,
411	otherwise, the permit shall be deemed to be automatically
412	approved.
413	c.  To be effective, a waiver of the timeframes set forth
414	herein must be voluntarily agreed to by the applicant and the
415	local government. A local government may request, but not
416	require, a waiver of the timeframes by an entity seeking a
417	permit, except that, with respect to a specific permit, a one-
418	time waiver may be required in the case of a declared local,
419	state, or federal emergency that directly affects the
420	administration of all permitting activities of the local
421	government.
422	(e)  Any moratorium or any action or inaction by a local
423	government that has the effect of a moratorium on the placement,
424	construction, or modification of wireless communications
425	facilities or the review of applications relating to wireless
426	communications facilities, whether or not exclusive to wireless
427	facilities, must be shown to be necessary because of an
428	identified emergency or a sudden significant change in
429	circumstances. Any such moratorium, action, or inaction must be
430	adopted in the same manner as a zoning ordinance and shall not
431	be for a time longer than 6 months.
432	(f)(d)  Any accessory additional wireless communications
433	facilities, such as communication cables, adjacent accessory
434	structures, and or adjacent accessory equipment, and the
435	wireless communications site in which the accessory wireless
436	communications facilities are to be located, that are not
437	addressed by paragraph (a), used in the provision of cellular,
438	enhanced specialized mobile radio, or personal communications
439	services, required within the existing secured equipment
440	compound within the existing site shall be deemed an a permitted
441	use or activity requiring no more than administrative review and
442	building permit review as defined in subsection (3). Applicable
443	local building and nonprocedural land development regulations,
444	including any aesthetic requirements, shall apply. However, no
445	land development regulation, existing permit condition, or
446	existing agreement may subject accessory wireless communications
447	facilities to greater restrictions or requirements or greater
448	procedural or review processes than other accessory structures
449	in the same zoning district.
450	(g)  To encourage collocation, local governments shall not
451	impose square footage limitations or height limitations that are
452	more restrictive than those required for principal buildings in
453	the same zoning district on equipment enclosures, equipment
454	cabinets, building pads, or accessory equipment structures for
455	installation of related equipment associated with the operation
456	of the antennas, provided that the facility complies with the
457	lot coverage, drainage, and principal building height
458	requirements of the applicable zoning district. This paragraph
459	shall supersede any existing limitations on a wireless
460	communications facility by agreement, ordinance, resolution, or
461	land development code.
462	(h)  The regulation of modifications of existing wireless
463	communications facilities shall be only to the extent necessary
464	to mitigate against an identified adverse effect and such
465	regulation shall only be on materially significant changes that
466	noticeably alter the design or appearance of the wireless
467	communications facility. The replacement of visible equipment or
468	facilities with equipment or facilities of the same size, type,
469	and appearance and any replacement of equipment or facilities
470	that are not visible from outside the wireless communications
471	site shall not be considered a modification and shall only be
472	subject to applicable building permit review as defined in
473	subsection (3).
474	(i)  Local governments shall not require the removal of any
475	wireless communications facility or any related equipment,
476	conforming or nonconforming, within a stated period of time
477	absent showing a specific adverse impact from the specific
478	facility or equipment to the public health, safety, or general
479	welfare. If a local government identifies such an adverse
480	impact, prior to requiring the removal of the wireless
481	communications facility, the permitholder or owner of the
482	facility shall have the opportunity and right, within a
483	reasonable period of time, to mitigate the condition that is
484	causing the adverse impact.
485	(j)  Any regulation or procedure of any county or
486	municipality that does not conform to the requirements of this
487	section must be changed or amended to conform to the
488	requirements of this section.
489	(k)(e)  Any other provision of law to the contrary
490	notwithstanding, the Department of Management Services shall
491	negotiate, in the name of the state, leases for wireless
492	communications facilities that provide access to state
493	government-owned property not acquired for transportation
494	purposes, and the Department of Transportation shall negotiate,
495	in the name of the state, leases for wireless communications
496	facilities that provide access to property acquired for state
497	rights-of-way. On property acquired for transportation purposes,
498	leases shall be granted in accordance with s. 337.251. On other
499	state government-owned property, leases shall be granted on a
500	space available, first-come, first-served basis. Payments
501	required by state government under a lease must be reasonable
502	and must reflect the market rate for the use of the state
503	government-owned property. The Department of Management Services
504	and the Department of Transportation are authorized to adopt
505	rules for the terms and conditions and granting of any such
506	leases.
507	(l)  Any person aggrieved by an action or inaction of the
508	local government pursuant to this subsection may file an action
509	in circuit court or other court of competent jurisdiction
510	seeking mandatory expedited review in accordance with 47 U.S.C.
511	s. 332(c)(7)(B)(v) of the Telecommunications Act of 1996 and the
512	declared intent of the Legislature that it is in the best
513	interest of the public of this state to deploy efficient and
514	reliable E911 systems, of which wireless communications systems
515	are a part, on an expedited basis. Any decision of the local
516	government on an application for a wireless communications
517	facility governed by the provisions of this subsection shall be
518	deemed final and constitute an exhaustion of all administrative
519	remedies. The action must be filed in a court of competent
520	jurisdiction within 30 days of rendition of the administrative
521	decision. For purposes of computing the 30-day period for
522	filing, the date of the decision is the date the administrative
523	agency, person, official, or agent acting on behalf of the local
524	government issues a written decision in response to an
525	application for any applicable local government approval for a
526	wireless communications facility pursuant to this subsection. In
527	addition, any aggrieved party may bring an action in equity in a
528	court of competent jurisdiction at any time to compel local
529	government compliance with any procedural provisions set forth
530	in this subsection. Remedies sought by any party in any action
531	hereunder shall be limited solely to equitable remedies;
532	however, nothing in this paragraph shall be construed to waive
533	any aggrieved person's right to file a petition for writ of
534	certiorari to review a quasi-judicial action of an agency,
535	board, or commission of a local government as such cause of
536	action may arise from an application for local government public
537	hearing approval of a wireless communications facility.
538	(f)  Any wireless telephone service provider may report to
539	the board no later than September 1, 2003, the specific
540	locations or general areas within a county or municipality where
541	the provider has experienced unreasonable delay to locate
542	wireless telecommunications facilities necessary to provide the
543	needed coverage for compliance with federal Phase II E911
544	requirements using its own network. The provider shall also
545	provide this information to the specifically identified county
546	or municipality no later than September 1, 2003. Unless the
547	board receives no report that unreasonable delays have occurred,
548	the board shall, no later than September 30, 2003, establish a
549	subcommittee responsible for developing a balanced approach
550	between the ability of providers to locate wireless facilities
551	necessary to comply with federal Phase II E911 requirements
552	using the carrier's own network and the desire of counties and
553	municipalities to zone and regulate land uses to achieve public
554	welfare goals. If a subcommittee is established, it shall
555	include representatives from the Florida Telecommunications
556	Industry Association, the Florida Association of Counties, and
557	the Florida League of Cities. The subcommittee shall be charged
558	with developing recommendations for the board and any
559	specifically identified municipality or county to consider
560	regarding actions to be taken for compliance for federal Phase
561	II E911 requirements. In the annual report due to the Governor
562	and the Legislature by February 28, 2004, the board shall
563	include any recommendations developed by the subcommittee to
564	address compliance with federal Phase II E911 requirements.
565	Section 2.  Any regulation or procedure of any county or
566	municipality that does not conform to the requirements of
567	section 365.172, Florida Statutes, on the effective date of this
568	act must be changed or amended to conform to the requirements of
569	that section within 6 months after the effective date of this
570	act.
571	Section 3.  This act shall take effect upon becoming a law.

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