SENATE AMENDMENT
    Bill No. CS for SB 2302
    Amendment No. ___   Barcode 665444
                            CHAMBER ACTION
              Senate                               House
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 1                  WD/2R          .                    
       04/27/2004 05:54 PM         .                    
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11  Senator Bennett moved the following amendment to amendment
12  (545372):
13  
14         Senate Amendment (with title amendment) 
15         On page 19, line 27 through page 24, line 26, delete
16  those lines
17  
18  and insert:  
19         (g)1.(e)  The use of state government-owned property
20  for wireless communications facilities is encouraged. Any
21  other provision of law to the contrary notwithstanding, except
22  as provided in s. 253.0342, the Department of Management
23  Services shall negotiate, in the name of the state, leases for
24  wireless communications facilities that provide access to
25  state government-owned property not acquired for
26  transportation purposes, and the Department of Transportation
27  shall negotiate, in the name of the state, leases for wireless
28  communications facilities that provide access to property
29  acquired for state rights-of-way.
30         2.  On property acquired for transportation purposes,
31  leases shall be granted in accordance with s. 337.251. On
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 2302
    Amendment No. ___   Barcode 665444
 1  other state government-owned property, leases shall be granted
 2  on a space available, first-come, first-served basis as
 3  determined by the Department of Management Services in
 4  accordance with s. 253.0342. Payments required by state
 5  government under a lease must be reasonable and must reflect
 6  the market rate for the use of the state government-owned
 7  property. Lease payments shall be deposited in the General
 8  Revenue Fund. The Department of Management Services and the
 9  Department of Transportation are authorized to adopt rules for
10  the terms and conditions and granting of any such leases.
11         3.  Review or consideration of any applicable zoning or
12  land use issues shall be with the local government. If a
13  wireless provider applies to enter into a lease to use state
14  government-owned property for a wireless communications
15  facility, the Department of Management Services or the
16  Department of Transportation, as applicable, shall not review
17  or consider any zoning or land use issues.
18         4.  The Department of Management Services or the
19  Department of Transportation, as applicable, shall grant or
20  deny each properly completed application for a wireless
21  communications facility on state government-owned property
22  within 90 business days after the date the application is
23  determined to be properly completed. The Department of
24  Management Services or the Department of Transportation, as
25  applicable, shall notify the applicant within 40 business days
26  after the date the application is initially submitted as to
27  whether the application is properly completed and has been
28  properly submitted. If the application is not complete in
29  accordance within the applicable application review
30  procedures, the notification shall indicate with specificity
31  any deficiencies which, if cured, shall make the application
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 2302
    Amendment No. ___   Barcode 665444
 1  properly completed. Upon resubmission of information to cure
 2  the stated deficiencies, the Department of Management Services
 3  or the Department of Transportation, as applicable, shall
 4  notify the applicant within 20 business days after the
 5  additional information was submitted whether the application
 6  is properly completed or if there are any remaining
 7  deficiencies which must be cured. To be effective, a waiver of
 8  any timeframe set forth herein must be voluntarily agreed to
 9  by the applicant and the Department of Management Services or
10  the Department of Transportation, as applicable. If the
11  Department of Management Services or the Department of
12  Transportation, as applicable, fails to grant or deny a
13  properly completed application within the timeframes set forth
14  in this subsection and the timeframe has not be voluntarily
15  waived, the application shall be deemed automatically approved
16  and the applicant may proceed with placement of such
17  facilities without interference or penalty.
18         (h)  Any person adversely affected by any action or
19  failure to act by a local government which is inconsistent
20  with this subsection may bring an action in a court of
21  competent jurisdiction within 30 days after the action or the
22  failure to act. The court shall consider the matter on an
23  expedited basis.
24         (f)  Any wireless telephone service provider may report
25  to the board no later than September 1, 2003, the specific
26  locations or general areas within a county or municipality
27  where the provider has experienced unreasonable delay to
28  locate wireless telecommunications facilities necessary to
29  provide the needed coverage for compliance with federal Phase
30  II E911 requirements using its own network. The provider shall
31  also provide this information to the specifically identified
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 2302
    Amendment No. ___   Barcode 665444
 1  county or municipality no later than September 1, 2003. Unless
 2  the board receives no report that unreasonable delays have
 3  occurred, the board shall, no later than September 30, 2003,
 4  establish a subcommittee responsible for developing a balanced
 5  approach between the ability of providers to locate wireless
 6  facilities necessary to comply with federal Phase II E911
 7  requirements using the carrier's own network and the desire of
 8  counties and municipalities to zone and regulate land uses to
 9  achieve public welfare goals. If a subcommittee is
10  established, it shall include representatives from the Florida
11  Telecommunications Industry Association, the Florida
12  Association of Counties, and the Florida League of Cities. The
13  subcommittee shall be charged with developing recommendations
14  for the board and any specifically identified municipality or
15  county to consider regarding actions to be taken for
16  compliance for federal Phase II E911 requirements. In the
17  annual report due to the Governor and the Legislature by
18  February 28, 2004, the board shall include any recommendations
19  developed by the subcommittee to address compliance with
20  federal Phase II E911 requirements.
21         (13)  PRIOR APPROVAL REQUIREMENT.--It is the intent of
22  this act to assure the safety of employees, passengers, and
23  freight at airports, as defined in s. 330.27(2) and not to
24  require the placement at any airport of any wireless
25  communication facility unless approved by the airport.
26  Therefore, this section does not require the governing
27  authority of any airport to make available any site, space, or
28  facility owned or controlled by such airport to a service
29  provider for the location or collocation of any tower or
30  wireless communication facility, except on such terms and with
31  such limitation as the governing authority of such airport may
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 2302
    Amendment No. ___   Barcode 665444
 1  deem safe and appropriate. This section also does not affect
 2  an airport governing authority's power or authority to manage,
 3  control, or provide communications services, which include,
 4  but are not limited to, wired, cellular, wireless, and
 5  Internet services, information services, and data-related
 6  services for any facility owned or controlled by the airport.
 7  This section does not affect an airport governing authority's
 8  power or authority to recover costs or generate revenue from
 9  communications services provided on the airport.
10         Section 3.  Section 253.0342, Florida Statutes, is
11  created to read:
12         253.0342  Use of state or water management district
13  lands for emergency 911 wireless communications facilities--
14         (1)  Notwithstanding any other provision of law, the
15  Department of Management Services is authorized to negotiate
16  for and enter into lease agreements with wireless providers
17  for the use of state-owned lands titled in the name of the
18  Board of Trustees of the Internal Improvement Trust Fund and
19  for lands titled in the name of other state agencies or a
20  water management district for the placement of 911 wireless
21  communications facilities.
22         (2)  The Division of State Lands shall determine the
23  availability of state and water management district lands for
24  placement of these wireless facilities on a site-by-site basis
25  at the request of the Department of Management Services.
26         (3)  Upon a determination that a site is available for
27  lease, the Department of Management Services shall contact the
28  lead managing agency for lands titled in the name of the Board
29  of Trustees of the Internal Improvement Trust Fund or the site
30  owner for all other requested sites to obtain a determination
31  of whether the site is suitable for placement of these
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 2302
    Amendment No. ___   Barcode 665444
 1  wireless facilities.
 2         (4)  In determining the suitability of a site, the lead
 3  managing agency or the site owner shall determine, in writing,
 4  that the use of the property or facility for placement of
 5  wireless communication facilities will not interfere with
 6  existing uses (including conservation uses), leases, or the
 7  public health and safety. Additional consideration shall be
 8  given for the potential of collocating any proposed facility
 9  with existing linear facilities, buildings or other
10  structures.
11         (5)  Upon determination that a site is both available
12  and suitable for lease, the Department of Management Services
13  may negotiate a lease agreement with the wireless service
14  provider. A copy of any lease agreement shall be provided to
15  the lead managing agency or site owner.
16         (6)  All leases entered into under this section shall
17  restrict use of sites by wireless service providers to those
18  uses directly related to provisions of wireless communications
19  service. Use of the site by the wireless communications
20  service provider shall be carried out and maintained in a
21  manner consistent with existing uses (including conservation
22  uses), leases, and the public health and safety.
23         (7)(a)  Lease agreements proposed by the Department of
24  Management Services for lands titled to the Board of Trustees
25  of Internal Improvement Trust Fund shall be submitted to the
26  Division of State Lands. Such agreements shall be presumed to
27  be approved unless the Secretary of the Department or one or
28  more members of the Board request that they be placed on an
29  agenda for approval or denial by the Board. The secretary or
30  the Board member must notify the Department of Management
31  Services within 30 days of receipt of the proposed agreement
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 2302
    Amendment No. ___   Barcode 665444
 1  of their intention to have the agreement submitted to the
 2  Board. Any agreement subject to hearing before the Board must
 3  be placed on the Board's agenda within 60 days of a request.
 4         (b)  Lease agreements proposed by the Department of
 5  Management Services for land titled to a water management
 6  district must be submitted to the governing board of the water
 7  management for their approval or denial. The governing board
 8  must agenda the proposed agreement within 60 days of receipt
 9  from the Department of Management Services. Such action by the
10  governing board shall constitute an order of the agency.
11         (c)  Lease agreements proposed by the Department of
12  Management Services for lands titled in the name of a state
13  agency shall be approved or denied by the secretary or
14  executive director of the agency within 60 days. Such action
15  by the secretary or executive director shall constitute an
16  order of the agency.
17  
18  (Redesignate subsequent sections.)
19  
20  
21  ================ T I T L E   A M E N D M E N T ===============
22  And the title is amended as follows:
23         On page 28, line 16, after the semicolon,
24  
25  insert:
26         creating s. 253.0342, F.S.; providing process
27         for lease of non-transportation state-owned
28         lands by a wireless provider;
29  
30  
31  
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