SENATE AMENDMENT
    Bill No. CS for CS for SB 2774
    Amendment No. ___   Barcode 483926
                            CHAMBER ACTION
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11  Senator Bennett moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 16, line 5 through page 26, line 17, delete
15  those lines
16  
17  and insert:  or land development regulation, including any
18  aesthetic requirements, or law.
19         2.  An existing tower, including a nonconforming tower,
20  may be modified without increasing the height in order to
21  permit collocation. The modification shall be subject only to
22  administrative review and to building-permit review.
23         (b)1.  A local government is limited when evaluating a
24  wireless provider's application for placement of a wireless
25  communications facility to issues concerning land development
26  and zoning. A local government may not request information on
27  or review, consider, or evaluate a wireless provider's
28  business need for a specific location for a wireless
29  communications site or the need for wireless service to be
30  provided from a particular site unless the wireless provider
31  voluntarily offers this information to the local government. A
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    12:38 PM   04/28/04                              s2774.cu21.om

SENATE AMENDMENT Bill No. CS for CS for SB 2774 Amendment No. ___ Barcode 483926 1 local government may not request information on or review, 2 consider, or evaluate the wireless provider's service quality 3 or the network design of the wireless service unless the 4 wireless provider voluntarily offers the information to the 5 local government or unless the information or materials are 6 directly related to an identified land development or zoning 7 issue. 8 2. The setback or distance separation required of a 9 tower may not exceed the minimum distance necessary to satisfy 10 the structural safety or aesthetic concerns that are protected 11 by the setback or distance separation. 12 3. A local government must provide a reasonable 13 opportunity for placing some form or type of antenna when a 14 wireless provider has demonstrated that it is necessary to 15 comply with the requirements to provide E911 service. 16 4. A local government may impose a fee, surety, or 17 insurance requirement on a wireless provider when applying to 18 place, construct, or modify a wireless communications facility 19 only if a similar fee, surety, or insurance requirement is 20 also imposed on applicants seeking similar types of zoning, 21 land use, or building-permit review. Fees for review of 22 applications for wireless communications facilities by 23 consultants or experts who are engaged to review general 24 zoning and land use matters on behalf of the local government 25 may be recovered, but only if the recovery is routinely sought 26 from applicants seeking a similar level of review for zoning 27 or land-development approvals, and any fees must be 28 reasonable. 29 (c)(b) Local governments may shall not require 30 wireless providers to provide evidence of a wireless 31 communications facility's compliance with federal regulations, 2 12:38 PM 04/28/04 s2774.cu21.om
SENATE AMENDMENT Bill No. CS for CS for SB 2774 Amendment No. ___ Barcode 483926 1 except evidence of compliance with applicable Federal Aviation 2 Administration requirements under 14 C.F.R. s. 77, as amended. 3 However, local governments may request shall receive evidence 4 of proper Federal Communications Commission licensure or other 5 evidence of Federal Communications Commission authorized 6 spectrum use from a wireless provider and may request the 7 Federal Communications Commission to provide information as to 8 a wireless provider's compliance with federal regulations, as 9 authorized by federal law. 10 (d)(c)1. A local government shall grant or deny each a 11 properly completed application for a collocation under 12 subparagraph (11)(a)1. of this section reviewed through 13 administrative review or an application reviewed though 14 building-permit review a permit, including permits under 15 paragraph(a), for the collocation of a wireless communications 16 facility on property, buildings, or structures within the 17 local government's jurisdiction within 45 business days after 18 the date the properly completed application is determined to 19 be properly completed initially submitted in accordance with 20 this paragraph the applicable local government application 21 procedures, provided that such permit complies with applicable 22 federal regulations and applicable local zoning or land 23 development regulations, including any aesthetic requirements. 24 Local building regulations shall apply. If administrative 25 reviews are required from multiple departments of the local 26 government, such reviews shall be concurrent and all within 27 the 45-business-day timeframe. 28 2. A local government shall grant or deny each a 29 properly completed application for a wireless communications 30 facility not reviewed through subparagraph (11)(d)1. of this 31 section a permit for the siting of a new wireless tower or 3 12:38 PM 04/28/04 s2774.cu21.om
SENATE AMENDMENT Bill No. CS for CS for SB 2774 Amendment No. ___ Barcode 483926 1 antenna on property, buildings, or structures within the local 2 government's jurisdiction within 90 business days after the 3 date the properly completed application is determined to be 4 properly completed initially submitted in accordance with this 5 paragraph the applicable local government application 6 procedures, provided that such permit complies with applicable 7 federal regulations and applicable local zoning or land 8 development regulations, including any aesthetic requirements. 9 Local building regulations shall apply. If the local 10 government review of the wireless communications facility also 11 includes applications for administrative review, each shall be 12 within the applicable timeframe indicated in this section. 13 3.a. An application is deemed submitted or resubmitted 14 on the date the application is received by the local 15 government. The local government shall notify the permit 16 applicant within 20 business days after the date the 17 application is initially submitted as to whether the 18 application is, for administrative purposes only, properly 19 completed and has been properly submitted. However, the such 20 determination shall not be deemed as an approval of the 21 application. If the application is not completed in compliance 22 with the local government's regulations, the Such notification 23 must shall indicate with specificity any deficiencies in the 24 required documents or deficiencies in the content of the 25 required documents which, if cured, shall make the application 26 properly completed. Upon resubmission of information to cure 27 the stated deficiencies, the local government shall notify the 28 applicant within 20 business days after the additional 29 information is submitted whether the application is properly 30 completed or if there are any remaining deficiencies that must 31 be cured. Any deficiencies in document type or content not 4 12:38 PM 04/28/04 s2774.cu21.om
SENATE AMENDMENT Bill No. CS for CS for SB 2774 Amendment No. ___ Barcode 483926 1 specified by the local government shall not render an 2 application incomplete. Notwithstanding this sub-subparagraph, 3 if a specified deficiency is not properly cured when the 4 applicant resubmits its application to comply with the notice 5 of deficiencies, the local government may continue to request 6 the information until such time as the specified deficiency is 7 cured. 8 b. If the local government fails to grant or deny a 9 properly completed application for a wireless communications 10 facility permit which has been properly submitted within the 11 timeframes set forth in this paragraph, the application 12 paragraph, the permit shall be deemed automatically approved 13 and the applicant provider may proceed with placement of such 14 facilities without interference or penalty. The timeframes 15 specified in subparagraph subparagraphs 1. and 2. shall be 16 extended only to the extent that the application permit has 17 not been granted or denied because the local government's 18 procedures generally applicable to all applications permits, 19 require action by the governing body and such action has not 20 taken place within the timeframes specified in subparagraph 21 subparagraphs 1. and 2. Under such circumstances, the local 22 government must act to either grant or deny the application 23 permit at its next regularly scheduled meeting or, otherwise, 24 the application permit shall be deemed to be automatically 25 approved. 26 c. To be effective, a waiver of the timeframes set 27 forth in this paragraph herein must be voluntarily agreed to 28 by the applicant and the local government. A local government 29 may request, but not require, a waiver of the timeframes by 30 the applicant an entity seeking a permit, except that, with 31 respect to a specific permit, a one-time waiver may be 5 12:38 PM 04/28/04 s2774.cu21.om
SENATE AMENDMENT Bill No. CS for CS for SB 2774 Amendment No. ___ Barcode 483926 1 required in the case of a declared local, state, or federal 2 emergency that directly affects the administration of all 3 permitting activities of the local government. 4 (d) Any additional wireless communications facilities, 5 such as communication cables, adjacent accessory structures, 6 or adjacent accessory equipment used in the provision of 7 cellular, enhanced specialized mobile radio, or personal 8 communications services, required within the existing secured 9 equipment compound within the existing site shall be deemed a 10 permitted use or activity. Local building and land development 11 regulations, including any aesthetic requirements, shall 12 apply. 13 (e) The replacement of or modification to a wireless 14 communications facility, except a tower, that results in a 15 wireless communications facility of similar size, type, and 16 appearance and the replacement or modification of equipment 17 that is not visible from outside the wireless communications 18 site are subject only to building-permit review or 19 administrative review. 20 (f)1.(e) The use of state government-owned property 21 for wireless communications facilities is encouraged. Any 22 other provision of law to the contrary notwithstanding, except 23 as provided in s. 253.0342, the Department of Management 24 Services shall negotiate, in the name of the state, leases for 25 wireless communications facilities that provide access to 26 state government-owned property not acquired for 27 transportation purposes, and the Department of Transportation 28 shall negotiate, in the name of the state, leases for wireless 29 communications facilities that provide access to property 30 acquired for state rights-of-way. 31 2. On property acquired for transportation purposes, 6 12:38 PM 04/28/04 s2774.cu21.om
SENATE AMENDMENT Bill No. CS for CS for SB 2774 Amendment No. ___ Barcode 483926 1 leases shall be granted in accordance with s. 337.251. On 2 other state government-owned property, leases shall be granted 3 on a space available, first-come, first-served basis as 4 determined by the Department of Management Services in 5 accordance with s. 253.0342. Payments required by state 6 government under a lease must be reasonable and must reflect 7 the market rate. for the use of the state government-owned 8 property. Lease payments shall be deposited in the General 9 Revenue Fund. Leases in existence on or before January 1, 2004 10 on lands titled in the name of the Board of Trustees of the 11 Internal Improvement Trust Fund or lands titled in the name of 12 other state agencies or water management districts shall be 13 excluded from the lease payment provisions of this section. 14 The Department of Management Services and the Department of 15 Transportation are authorized to adopt rules for the terms and 16 conditions and granting of any such leases. 17 3. Local government zoning and land use regulations, 18 unless otherwise expressly exempted by general law, shall 19 apply to any private communication towers located on lands 20 titled in the name of the Board of Trustees of the Internal 21 Improvement Trust Fund or lands titled in the name of other 22 state agencies or water management districts. Any other 23 communication facility located on lands titled in the name of 24 the Board of Trustees of the Internal Improvement Trust Fund 25 or lands titled in the name of other state agencies or water 26 management districts shall be subject to applicable zoning and 27 land use requirements. Local government shall review the 28 placement, construction or modification of a wireless 29 communications facility on lands titled in the name of the 30 Board of Trustees of the Internal Improvement Trust Fund or 31 lands titled in the name of other state agencies or water 7 12:38 PM 04/28/04 s2774.cu21.om
SENATE AMENDMENT Bill No. CS for CS for SB 2774 Amendment No. ___ Barcode 483926 1 management districts unless otherwise expressly exempted by 2 general law. If a wireless provider applies to enter into a 3 lease to use state government-owned property for a wireless 4 communications facility, the Department of Management Services 5 or the Department of Transportation, as applicable, shall not 6 review or consider any zoning or land use issues. 7 4. The Department of Management Services or the 8 Department of Transportation, as applicable, shall grant or 9 deny each properly completed application for a wireless 10 communications facility on state government-owned property 11 within 90 business days after the date the application is 12 determined to be properly completed. The Department of 13 Management Services or the Department of Transportation, as 14 applicable, shall notify the applicant within 40 business days 15 after the date the application is initially submitted as to 16 whether the application is properly completed and has been 17 properly submitted. If the application is not complete in 18 accordance within the applicable application review 19 procedures, the notification shall indicate with specificity 20 any deficiencies which, if cured, shall make the application 21 properly completed. Upon resubmission of information to cure 22 the stated deficiencies, the Department of Management Services 23 or the Department of Transportation, as applicable, shall 24 notify the applicant within 20 business days after the 25 additional information was submitted whether the application 26 is properly completed or if there are any remaining 27 deficiencies which must be cured. To be effective, a waiver of 28 any timeframe set forth herein must be voluntarily agreed to 29 by the applicant and the Department of Management Services or 30 the Department of Transportation, as applicable. If the 31 Department of Management Services or the Department of 8 12:38 PM 04/28/04 s2774.cu21.om
SENATE AMENDMENT Bill No. CS for CS for SB 2774 Amendment No. ___ Barcode 483926 1 Transportation, as applicable, fails to grant or deny a 2 properly completed application within the timeframes set forth 3 in this subsection and the timeframe has not been voluntarily 4 waived, the application shall be deemed automatically approved 5 and the applicant may proceed with placement of such 6 facilities without interference or penalty. 7 (g) Any person adversely affected by any action or 8 failure to act by a local government which is inconsistent 9 with this subsection may bring an action in a court of 10 competent jurisdiction within 30 days after the action or the 11 failure to act. The court shall consider the matter on an 12 expedited basis. 13 (f) Any wireless telephone service provider may report 14 to the board no later than September 1, 2003, the specific 15 locations or general areas within a county or municipality 16 where the provider has experienced unreasonable delay to 17 locate wireless telecommunications facilities necessary to 18 provide the needed coverage for compliance with federal Phase 19 II E911 requirements using its own network. The provider shall 20 also provide this information to the specifically identified 21 county or municipality no later than September 1, 2003. Unless 22 the board receives no report that unreasonable delays have 23 occurred, the board shall, no later than September 30, 2003, 24 establish a subcommittee responsible for developing a balanced 25 approach between the ability of providers to locate wireless 26 facilities necessary to comply with federal Phase II E911 27 requirements using the carrier's own network and the desire of 28 counties and municipalities to zone and regulate land uses to 29 achieve public welfare goals. If a subcommittee is 30 established, it shall include representatives from the Florida 31 Telecommunications Industry Association, the Florida 9 12:38 PM 04/28/04 s2774.cu21.om
SENATE AMENDMENT Bill No. CS for CS for SB 2774 Amendment No. ___ Barcode 483926 1 Association of Counties, and the Florida League of Cities. The 2 subcommittee shall be charged with developing recommendations 3 for the board and any specifically identified municipality or 4 county to consider regarding actions to be taken for 5 compliance for federal Phase II E911 requirements. In the 6 annual report due to the Governor and the Legislature by 7 February 28, 2004, the board shall include any recommendations 8 developed by the subcommittee to address compliance with 9 federal Phase II E911 requirements. 10 (13) PRIOR APPROVAL REQUIREMENT.--It is the intent of 11 this act to assure the safety of employees, passengers, and 12 freight at airports, as defined in s. 330.27(2) and not to 13 require the placement at any airport of any wireless 14 communication facility unless approved by the airport. 15 Therefore, this section does not require the governing 16 authority of any airport to make available any site, space, or 17 facility owned or controlled by such airport to a service 18 provider for the location or collocation of any tower or 19 wireless communication facility, except on such terms and with 20 such limitation as the governing authority of such airport may 21 deem safe and appropriate. This section also does not affect 22 an airport governing authority's power or authority to manage, 23 control, or provide communications services, which include, 24 but are not limited to, wired, cellular, wireless, and 25 Internet services, information services, and data-related 26 services for any facility owned or controlled by the airport. 27 This section does not affect an airport governing authority's 28 power or authority to recover costs or generate revenue from 29 communications services provided on the airport. 30 Section 3. Section 253.0342, Florida Statutes, is 31 created to read: 10 12:38 PM 04/28/04 s2774.cu21.om
SENATE AMENDMENT Bill No. CS for CS for SB 2774 Amendment No. ___ Barcode 483926 1 253.0342 Use of state or water management district 2 lands for wireless communications facilities-- 3 (1) Upon a request by the Department of Management 4 Services for the siting of proposed wireless communications 5 facilities as defined in s. 367.172(3), in a specific 6 geographic region, the Division of State Lands shall provide a 7 list of lands titled in the name of the Board of Trustees of 8 the Internal Improvement Trust Fund and lands titled in the 9 name of other state agencies or water management districts for 10 placement of these wireless communications facilities in that 11 region. 12 (2) Upon receipt of the list referred to in s. 13 253.0342(1), the Department of Management Services shall 14 contact the lead managing agency for lands titled in the name 15 of the Board of Trustees of the Internal Improvement Trust 16 Fund or the site owner for lands titled in the name of other 17 state agencies or water management districts, to obtain a 18 determination of whether the requested site is suitable for 19 placement of these wireless facilities. 20 (3) Consideration of suitability by the lead managing 21 agency or the site owner shall include, but not be limited to, 22 whether the proposed use will interfere with existing or 23 designated uses (including conservation uses), leases, or the 24 public health and safety. Consideration shall first be given 25 to collocating any proposed facility with existing linear 26 facilities, buildings or other structures. A determination 27 regarding suitability of a site shall be made in writing. 28 (4) Upon a determination that a site is both available 29 and suitable for lease, the Department of Management Services 30 is authorized to negotiate a proposed lease agreement with the 31 wireless provider for the use of state-owned lands titled in 11 12:38 PM 04/28/04 s2774.cu21.om
SENATE AMENDMENT Bill No. CS for CS for SB 2774 Amendment No. ___ Barcode 483926 1 the name of the Board of Trustees of the Internal Improvement 2 Trust Fund and for lands titled in the name of other state 3 agencies or water management districts for the placement of 4 wireless communications facilities. A copy of any proposed 5 lease agreement shall be provided to the lead managing agency 6 or site owner. 7 (5)(a) Lease agreements proposed by the Department of 8 Management Services for lands titled to the Board of Trustees 9 of the Internal Improvement Trust Fund shall be submitted to 10 the Division of State Lands as the designated representative 11 of the Board of Trustees of the Internal Improvement Trust 12 Fund for action by the board. The board may delegate the 13 approval or denial of proposed leases on categories or classes 14 of property to the Secretary of the Department of 15 Environmental Protection subject to terms and conditions 16 established by the board. Any proposed lease agreement must be 17 placed on the board's agenda or must be approved or denied by 18 the Secretary within 60 days of receipt from the Department of 19 Management Services. Such action shall constitute a final 20 order. 21 (b) Lease agreements proposed by the Department of 22 Management Services for land titled to a water management 23 district must be submitted to the governing board of the 24 appropriate water management district for its approval or 25 denial. The governing board must agenda any proposed lease 26 agreement within 60 days of receipt from the Department of 27 Management Services. Such action by the governing board shall 28 constitute an order of the agency. 29 (c) Lease agreements proposed by the Department of 30 Management Services for lands titled in the name of a state 31 agency shall be approved or denied by the secretary or 12 12:38 PM 04/28/04 s2774.cu21.om
SENATE AMENDMENT Bill No. CS for CS for SB 2774 Amendment No. ___ Barcode 483926 1 executive director of the agency within 60 days. Such action 2 by the secretary or executive director shall constitute an 3 order of the agency. 4 (6) All leases entered into under this section shall 5 restrict use of sites by wireless providers to those uses 6 directly related to provisions of wireless communications 7 service, including provisions for removal of any towers, 8 antennae or appurtenances of the wireless provider and any 9 needed site restoration. Use of the site by the wireless 10 provider shall be carried out and maintained in a manner 11 consistent with existing and designated uses (including 12 conservation uses), land management plans, leases, applicable 13 rules, and the public health and safety. 14 (7) Upon the approval by the lead managing agency or 15 site owner for the use of the property or facility for the 16 wireless communications facilities and upon approval of the 17 proposed lease agreement, the Department of Management 18 Services shall enter into the lease agreement with the 19 wireless provider. A copy of the executed lease agreement 20 shall be provided to the lead managing agency and site owner. 21 22 23 ================ T I T L E A M E N D M E N T =============== 24 And the title is amended as follows: 25 On page 2, line 4 through page 2, line 31, delete 26 27 and insert: 28 facilities; revising provisions for lease of 29 state-owned property by a wireless provider; 30 providing that a person who is adversely 31 affected by a decision of a local government 13 12:38 PM 04/28/04 s2774.cu21.om
SENATE AMENDMENT Bill No. CS for CS for SB 2774 Amendment No. ___ Barcode 483926 1 relating to a wireless communications facility 2 may bring an action within a specified period; 3 providing for the computation of the time 4 period; providing that the governing authority 5 of an airport is not required to make available 6 any site, space, or facility owned or 7 controlled by the airport to a wireless service 8 provider for the location or collocation of any 9 tower or wireless communication facility; 10 creating s. 253.0342, F.S.; providing process 11 for lease of non-transportation state-owned 12 lands by a wireless provider; amending s. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 14 12:38 PM 04/28/04 s2774.cu21.om