Senate Bill sb2774e1

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  1                      A bill to be entitled

  2         An act relating to the wireless emergency

  3         telephone system; amending s. 11.45, F.S.;

  4         removing the annual audit of the Wireless

  5         Emergency Telephone System Fund from the duties

  6         of the Auditor General; amending s. 365.172,

  7         F.S.; adding definitions relating to wireless

  8         telephone communications; revising duties of

  9         the Wireless 911 Board; providing for an

10         executive director, services of an attorney,

11         and the appointment of a subcommittee;

12         requiring a report by the subcommittee;

13         providing legislative intent regarding the

14         emergency wireless telephone system; providing

15         standards for local governments to follow when

16         regulating the placement, construction, or

17         modification of a wireless communications

18         facility; directing local governments to grant

19         or deny properly completed applications within

20         specified time periods; providing procedures

21         for a provider of wireless communications

22         services to submit an application for local

23         approval; directing local governments to notify

24         a provider of the deficiencies in an

25         application; directing local governments to

26         notify a provider whether the resubmission of

27         information properly completes the application;

28         permitting local governments to continue

29         requesting information until the application

30         deficiencies are cured; providing for a limited

31         review by a local government of an accessory


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 1         wireless communications facility; prohibiting

 2         local governments from imposing certain

 3         restrictions on wireless communications

 4         facilities; revising provisions for lease of

 5         state-owned property by a wireless provider;

 6         providing that a person who is adversely

 7         affected by a decision of a local government

 8         relating to a wireless communications facility

 9         may bring an action within a specified period;

10         providing for the computation of the time

11         period; providing that the governing authority

12         of an airport is not required to make available

13         any site, space, or facility owned or

14         controlled by the airport to a wireless service

15         provider for the location or collocation of any

16         tower or wireless communication facility;

17         creating s. 253.0342, F.S.; providing process

18         for lease of non-transportation state-owned

19         lands by a wireless provider; amending s.

20         365.173, F.S.; directing how a county may use

21         funds derived from the E911 fee; requiring the

22         board of county commissioners to appropriate

23         the funds to the proper uses; removing the

24         requirement that the Auditor General annually

25         audit the E911 fund; providing an effective

26         date.

27  

28  Be It Enacted by the Legislature of the State of Florida:

29  

30         Section 1.  Subsection (2) of section 11.45, Florida

31  Statutes, is amended to read:


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    CS for CS for SB 2774                          First Engrossed



 1         11.45  Definitions; duties; authorities; reports;

 2  rules.--

 3         (2)  DUTIES.--The Auditor General shall:

 4         (a)  Conduct audits of records and perform related

 5  duties as prescribed by law, concurrent resolution of the

 6  Legislature, or as directed by the Legislative Auditing

 7  Committee.

 8         (b)  Annually conduct a financial audit of state

 9  government.

10         (c)  Annually conduct financial audits of all

11  universities and district boards of trustees of community

12  colleges.

13         (d)  Annually conduct financial audits of the accounts

14  and records of all district school boards in counties with

15  populations of fewer than 150,000, according to the most

16  recent federal decennial statewide census.

17         (e)  Annually conduct an audit of the Wireless

18  Emergency Telephone System Fund as described in s. 365.173.

19         (e)(f)  At least every 2 years, conduct operational

20  audits of the accounts and records of state agencies and

21  universities. In connection with these audits, the Auditor

22  General shall give appropriate consideration to reports issued

23  by state agencies' inspectors general or universities'

24  inspectors general and the resolution of findings therein.

25         (f)(g)  At least every 2 years, conduct a performance

26  audit of the local government financial reporting system,

27  which, for the purpose of this chapter, means any statutory

28  provisions related to local government financial reporting.

29  The purpose of such an audit is to determine the accuracy,

30  efficiency, and effectiveness of the reporting system in

31  achieving its goals and to make recommendations to the local


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 1  governments, the Governor, and the Legislature as to how the

 2  reporting system can be improved and how program costs can be

 3  reduced. The local government financial reporting system

 4  should provide for the timely, accurate, uniform, and

 5  cost-effective accumulation of financial and other information

 6  that can be used by the members of the Legislature and other

 7  appropriate officials to accomplish the following goals:

 8         1.  Enhance citizen participation in local government;

 9         2.  Improve the financial condition of local

10  governments;

11         3.  Provide essential government services in an

12  efficient and effective manner; and

13         4.  Improve decisionmaking on the part of the

14  Legislature, state agencies, and local government officials on

15  matters relating to local government.

16         (g)(h)  Once every 3 years, conduct performance audits

17  of the Department of Revenue's administration of the ad

18  valorem tax laws as described in s. 195.096.

19         (h)(i)  Once every 3 years, conduct financial audits of

20  the accounts and records of all district school boards in

21  counties with populations of 125,000 or more, according to the

22  most recent federal decennial statewide census.

23         (i)(j)  Once every 3 years, review a sample of each

24  state agency's internal audit reports to determine compliance

25  with current Standards for the Professional Practice of

26  Internal Auditing or, if appropriate, government auditing

27  standards.

28         (j)(k)  Conduct audits of local governmental entities

29  when determined to be necessary by the Auditor General, when

30  directed by the Legislative Auditing Committee, or when

31  otherwise required by law. No later than 18 months after the


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 1  release of the audit report, the Auditor General shall perform

 2  such appropriate followup procedures as he or she deems

 3  necessary to determine the audited entity's progress in

 4  addressing the findings and recommendations contained within

 5  the Auditor General's previous report. The Auditor General

 6  shall provide a copy of his or her determination to each

 7  member of the audited entity's governing body and to the

 8  Legislative Auditing Committee.

 9  

10  The Auditor General shall perform his or her duties

11  independently but under the general policies established by

12  the Legislative Auditing Committee. This subsection does not

13  limit the Auditor General's discretionary authority to conduct

14  other audits or engagements of governmental entities as

15  authorized in subsection (3).

16         Section 2.  Subsections (3), (6), and (11) and

17  paragraph (a) of subsection (8) of section 365.172, Florida

18  Statutes, are amended, present subsection (13) of that section

19  is redesignated as subsection (14), and a new subsection (13)

20  is added to that section, to read:

21         365.172  Wireless emergency telephone number "E911."--

22         (3)  DEFINITIONS.--As used in this section and ss.

23  365.173 and 365.174, the term:

24         (a)  "Active prepaid wireless telephone" means a

25  prepaid wireless telephone that has been used by the customer

26  during the month to complete a telephone call for which the

27  customer's card or balance was decremented.

28         (b)  "Administrative review" means the nondiscretionary

29  review conducted by local governmental staff for compliance

30  with local government ordinances, but does not include a

31  public hearing or review of public input.


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 1         (c)(b)  "Answering point" means the public safety

 2  agency that receives incoming 911 calls and dispatches

 3  appropriate public safety agencies to respond to the such

 4  calls.

 5         (d)(c)  "Automatic location identification" means the

 6  capability of the E911 service which enables the automatic

 7  display of information that defines the approximate geographic

 8  location of the wireless telephone used to place a 911 call.

 9         (e)(d)  "Automatic number identification" means the

10  capability of the E911 service which enables the automatic

11  display of the 10-digit service number used to place a 911

12  call.

13         (f)(e)  "Board" means the board of directors of the

14  Wireless 911 Board.

15         (g)(f)  "Office" means the State Technology Office.

16         (h)  "Building-permit review" means a review for

17  compliance with building construction standards adopted by the

18  local government under chapter 553 and does not include a

19  review for compliance with land development regulations.

20         (i)  "Collocation" means the situation when a second or

21  subsequent wireless provider uses an existing structure to

22  locate a second or subsequent antenna. The term includes the

23  ground, platform, or roof installation of equipment

24  enclosures, cabinets, or buildings, and cables, brackets, and

25  other equipment associated with the location and operation of

26  the antennas.

27         (j)(g)  "E911" is the designation for a wireless

28  enhanced 911 system or wireless enhanced 911 service that is

29  an emergency telephone system or service that provides a

30  subscriber with wireless 911 service and, in addition, directs

31  911 calls to appropriate public safety answering points by


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 1  selective routing based on the geographical location from

 2  which the call originated, or as otherwise provided in the

 3  state plan under s. 365.171, and that provides for automatic

 4  number identification and automatic location-identification

 5  features in accordance with the requirements of the order.

 6         (k)  "Existing structure" means a structure that exists

 7  at the time an application for permission to place antennas on

 8  a structure is filed with a local government. The term

 9  includes any structure that can support the attachment of

10  antennas, including, but not limited to, towers, buildings,

11  utility structures, light poles, water towers, clock towers,

12  bell towers, and steeples.

13         (l)(h)  "Fee" means the E911 fee imposed under

14  subsection (8).

15         (m)(i)  "Fund" means the Wireless Emergency Telephone

16  System Fund established in s. 365.173 and maintained under

17  this section for the purpose of recovering the costs

18  associated with providing 911 service or E911 service,

19  including the costs of implementing the order.

20         (n)  "Historic building, structure, or district" means

21  any building, structure, or district that has been officially

22  designated as a historic building, historic structure, or

23  historic district through a federal, state, or local

24  designation program.

25         (o)  "Land-development regulation" means any ordinance

26  enacted by a local governing body for the regulation of any

27  aspect of development, including an ordinance governing

28  zoning, subdivisions, landscaping, tree protection, or signs,

29  or any other ordinance concerning any aspect of the

30  development of land. The term does not include any

31  


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 1  building-construction standard adopted under and in compliance

 2  with chapter 553.

 3         (p)(j)  "Local exchange carrier" means a "competitive

 4  local exchange telecommunications company" or a "local

 5  exchange telecommunications company" as defined in s. 364.02.

 6         (q)(k)  "Local government" means any municipality,

 7  county, or political subdivision or agency of a municipality,

 8  county, or political subdivision.

 9         (r)(l)  "Mobile telephone number" or "MTN" means the

10  telephone number assigned to a wireless telephone at the time

11  of initial activation.

12         (s)(m)  "Order" means:

13         1.  The following orders and rules of the Federal

14  Communications Commission issued in FCC Docket No. 94-102:

15         a.  Order adopted on June 12, 1996, with an effective

16  date of October 1, 1996, the amendments to s. 20.03 and the

17  creation of s. 20.18 of Title 47 of the Code of Federal

18  Regulations adopted by the Federal Communications Commission

19  pursuant to the such order.

20         b.  Memorandum and Order No. FCC 97-402 adopted on

21  December 23, 1997.

22         c.  Order No. FCC DA 98-2323 adopted on November 13,

23  1998.

24         d.  Order No. FCC 98-345 adopted December 31, 1998.

25         2.  Orders and rules subsequently adopted by the

26  Federal Communications Commission relating to the provision of

27  wireless 911 services.

28         (t)(o)  "Prepaid wireless telephone service" means

29  wireless telephone service that is activated in advance by

30  payment for a finite dollar amount of service or for a finite

31  set of minutes that terminate either upon use by a customer


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 1  and delivery by the wireless provider of an agreed-upon amount

 2  of service corresponding to the total dollar amount paid in

 3  advance or within a certain period of time following the

 4  initial purchase or activation, unless additional payments are

 5  made.

 6         (u)(n)  "Provider" or "wireless provider" means a

 7  person or entity who provides service and either:

 8         1.  Is subject to the requirements of the order; or

 9         2.  Elects to provide wireless 911 service or E911

10  service in this state.

11         (v)(p)  "Public agency" means the state and any

12  municipality, county, municipal corporation, or other

13  governmental entity, public district, or public authority

14  located in whole or in part within this state which provides,

15  or has authority to provide, firefighting, law enforcement,

16  ambulance, medical, or other emergency services.

17         (w)(q)  "Public safety agency" means a functional

18  division of a public agency which provides firefighting, law

19  enforcement, medical, or other emergency services.

20         (x)(r)  "Rural county" means any county that has a

21  population of fewer than 75,000.

22         (y)(s)  "Service" means "commercial mobile radio

23  service" as provided under ss. 3(27) and 332(d) of the Federal

24  Telecommunications Act of 1996, 47 U.S.C., ss. 151 et seq.,

25  and the Omnibus Budget Reconciliation Act of 1993, Pub. L. No.

26  103-66, August 10, 1993, 107 Stat. 312. The term "service"

27  includes the term "wireless" and service provided by any

28  wireless real-time two-way wire communication device,

29  including radio-telephone communications used in cellular

30  telephone service; personal communications service; or the

31  functional or competitive equivalent of a radio-telephone


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 1  communications line used in cellular telephone service, a

 2  personal communications service, or a network radio access

 3  line. The term does not include wireless providers that offer

 4  mainly dispatch service in a more localized, noncellular

 5  configuration; providers offering only data, one-way, or

 6  stored-voice services on an interconnected basis; providers of

 7  air-to-ground services; or public coast stations.

 8         (z)(t)  "Service number" means the unique 10-digit

 9  wireless telephone number assigned to a service subscriber.

10         (aa)(u)  "Sufficient positive balance" means a dollar

11  amount greater than or equal to the monthly wireless surcharge

12  amount.

13         (bb)  "Tower" means any structure designed primarily to

14  support a wireless provider's antenna.

15         (cc)  "Wireless communications facility" means any

16  equipment or facility used to provide service, and includes,

17  but is not limited to, antennas, towers, equipment enclosures,

18  cabling, antenna brackets, and other equipment.

19         (dd)  "Wireless communications site" means the area on

20  the roof, structure, or ground which is designed, intended to

21  be used, or is used for the location of a wireless

22  communications facility, and any fencing and landscaping

23  provided in association with the wireless communications

24  facility.

25         (ee)(v)  "Wireless 911 system" or "wireless 911

26  service" means an emergency telephone system or service that

27  provides a subscriber with the ability to reach an answering

28  point by dialing the digits "911." A wireless 911 system is

29  complementary to a wired 911 system as provided for in s.

30  365.171.

31         (6)  AUTHORITY OF THE BOARD; ANNUAL REPORT.--


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 1         (a)  The board shall:

 2         1.  Administer the E911 fee.

 3         2.  Implement, maintain, and oversee the fund.

 4         3.  Review and oversee the disbursement of the revenues

 5  deposited into the fund as provided in s. 365.173. The board

 6  may establish a schedule for implementing wireless E911

 7  service by service area, and prioritize disbursements of

 8  revenues from the fund to providers and rural counties as

 9  provided in s. 365.173(2)(b) and (c) pursuant to the schedule,

10  in order to implement E911 services in the most efficient and

11  cost-effective manner.

12         4.  Review documentation submitted by providers which

13  reflects current and projected funds derived from the E911

14  fee, and the expenses incurred and expected to be incurred, in

15  order to comply with the E911 service requirements contained

16  in the order for the purposes of:

17         a.  Ensuring that providers receive fair and equitable

18  distributions of funds from the fund.

19         b.  Ensuring that providers are not provided

20  disbursements from the fund which exceed the costs of

21  providing E911 service, including the costs of complying with

22  the order.

23         c.  Ascertaining the projected costs of compliance with

24  the requirements of the order and projected collections of the

25  E911 fee.

26         d.  Implementing changes to the allocation percentages

27  or reducing the E911 fee under paragraph (8)(c).

28         5.  Review and approve or reject, in whole or in part,

29  applications submitted by providers for recovery of moneys

30  deposited into the fund.

31  


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 1         6.  Hire and retain employees, including an independent

 2  executive director who shall possess experience in the area of

 3  telecommunications and emergency 911 issues, for the purposes

 4  of performing the technical and administrative functions for

 5  the board.

 6         7.  Make and enter into contracts, pursuant to chapter

 7  287, and execute other instruments necessary or convenient for

 8  the exercise of the powers and functions of the board.

 9         8.  Take all necessary and reasonable steps by July 1,

10  2000, to secure appropriate information and reports from

11  providers and otherwise perform all of the functions that

12  would be performed by an independent accounting firm prior to

13  completing the request-for-proposals process under subsection

14  (7).

15         9.  Sue and be sued, and appear and defend in all

16  actions and proceedings, in its corporate name to the same

17  extent as a natural person.

18         10.  Adopt, use, and alter a common corporate seal.

19         11.  Elect or appoint the officers and agents that are

20  required by the affairs of the board.

21         12.  The board may adopt rules under ss. 120.536(1) and

22  120.54 to implement this section and ss. 365.173 and 365.174.

23         13.  Provide coordination, support, and technical

24  assistance to counties to promote the deployment of advanced

25  911 and E911 systems in the state.

26         14.  Provide coordination and support for educational

27  opportunities related to 911 issues for the 911 community in

28  this state.

29         15.  Act as an advocate for issues related to 911

30  system functions, features, and operations to improve the

31  


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 1  delivery of 911 services to the residents of and visitors to

 2  this state.

 3         16.  Coordinate input from this state at national

 4  forums and associations, to ensure that policies related to

 5  911 systems and services are consistent with the policies of

 6  the 911 community in this state.

 7         17.  Work cooperatively with the system director

 8  established in s. 365.171(5) to enhance the state of 911

 9  services in this state and to provide unified leadership for

10  all 911 issues through planning and coordination.

11         18.  Do all acts and things necessary or convenient to

12  carry out the powers granted in this section, including but

13  not limited to, consideration of emerging technology and

14  related cost savings.

15         19.  By July 1, 2005, secure the services of an

16  independent, private attorney via invitation to bid, request

17  for proposals, invitation to negotiate, or professional

18  contracts for legal services already established at the

19  Division of Purchasing of the Department of Management

20  Services.

21         20.  No later than August 1, 2004, establish a

22  subcommittee responsible for analyzing the cost and

23  effectiveness of a nonemergency 311 system, including the

24  potential to improve the overall efficiency of an existing 911

25  system or reduce 911 call processing times. The subcommittee

26  shall report its findings and recommendations to the board by

27  December 31, 2004.

28         (b)  Board members shall serve without compensation;

29  however, members are entitled to per diem and travel expenses

30  as provided in s. 112.061.

31  


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 1         (c)  By February 28 of each year, the board shall

 2  prepare a report for submission by the office to the Governor,

 3  the President of the Senate, and the Speaker of the House of

 4  Representatives which reflects, for the immediately preceding

 5  calendar year, the quarterly and annual receipts and

 6  disbursements of moneys in the fund, the purposes for which

 7  disbursements of moneys from the fund have been made, and the

 8  availability and status of implementation of E911 service in

 9  this state.

10         (d)  By February 28, 2001, the board shall undertake

11  and complete a study for submission by the office to the

12  Governor, the President of the Senate, and the Speaker of the

13  House of Representatives which addresses:

14         1.  The total amount of E911 fee revenues collected by

15  each provider, the total amount of expenses incurred by each

16  provider to comply with the order, and the amount of moneys on

17  deposit in the fund, all as of December 1, 2000.

18         2.  Whether the amount of the E911 fee and the

19  allocation percentages set forth in s. 365.173 should be

20  adjusted to comply with the requirements of the order, and, if

21  so, a recommended adjustment to the E911 fee.

22         3.  Any other issues related to providing wireless E911

23  services.

24         (8)  WIRELESS E911 FEE.--

25         (a)  Each home service provider shall collect a monthly

26  fee imposed on each customer whose place of primary use is

27  within this state. For purposes of this section, the state and

28  local governments are not customers. The rate of the fee shall

29  be 50 cents per month per each service number, beginning

30  August 1, 1999. The fee shall apply uniformly and be imposed

31  throughout the state.


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 1         (11)  FACILITATING E911 SERVICE IMPLEMENTATION.--In

 2  order to balance the public need for reliable E911 services

 3  through reliable wireless systems with the public interest

 4  served by governmental zoning and land development regulations

 5  and notwithstanding any other law or local ordinance to the

 6  contrary, the following standards shall apply to a local

 7  government's regulation of the placement, construction, or

 8  modification of a wireless communications facility:

 9         (a)1.  Collocation Colocation among wireless telephone

10  service providers is encouraged by the state. To further

11  facilitate agreements among providers for collocation

12  colocation of their facilities, any antennae and related

13  equipment to service the antennae that is being collocated

14  colocated on an existing above-ground structure and the

15  related equipment to service the antenna is not subject to

16  land development regulation pursuant to s. 163.3202, provided

17  the height of the existing structure is not increased.

18  However, construction of the antennae and related equipment is

19  subject to local building regulations and any existing permits

20  or agreements for such property, buildings, or structures.

21  Nothing herein shall relieve the permitholder for or owner of

22  the existing structure from of compliance with any applicable

23  condition or requirement contained in of a permit, agreement,

24  or land development regulation, including any aesthetic

25  requirements, or law.

26         2.  An existing tower, including a nonconforming tower,

27  may be modified without increasing the height in order to

28  permit collocation. The modification shall be subject only to

29  administrative review and to building-permit review.

30         (b)1.  A local government is limited when evaluating a

31  wireless provider's application for placement of a wireless


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 1  communications facility to issues concerning land development

 2  and zoning. A local government may not request information on

 3  or review, consider, or evaluate a wireless provider's

 4  business need for a specific location for a wireless

 5  communications site or the need for wireless service to be

 6  provided from a particular site unless the wireless provider

 7  voluntarily offers this information to the local government. A

 8  local government may not request information on or review,

 9  consider, or evaluate the wireless provider's service quality

10  or the network design of the wireless service unless the

11  wireless provider voluntarily offers the information to the

12  local government or unless the information or materials are

13  directly related to an identified land development or zoning

14  issue.

15         2.  The setback or distance separation required of a

16  tower may not exceed the minimum distance necessary to satisfy

17  the structural safety or aesthetic concerns that are protected

18  by the setback or distance separation.

19         3.  A local government must provide a reasonable

20  opportunity for placing some form or type of antenna when a

21  wireless provider has demonstrated that it is necessary to

22  comply with the requirements to provide E911 service.

23         4.  A local government may impose a fee, surety, or

24  insurance requirement on a wireless provider when applying to

25  place, construct, or modify a wireless communications facility

26  only if a similar fee, surety, or insurance requirement is

27  also imposed on applicants seeking similar types of zoning,

28  land use, or building-permit review. Fees for review of

29  applications for wireless communications facilities by

30  consultants or experts who are engaged to review general

31  zoning and land use matters on behalf of the local government


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 1  may be recovered, but only if the recovery is routinely sought

 2  from applicants seeking a similar level of review for zoning

 3  or land-development approvals, and any fees must be

 4  reasonable.

 5         (c)(b)  Local governments may shall not require

 6  wireless providers to provide evidence of a wireless

 7  communications facility's compliance with federal regulations,

 8  except evidence of compliance with applicable Federal Aviation

 9  Administration requirements under 14 C.F.R. s. 77, as amended.

10  However, local governments may request shall receive evidence

11  of proper Federal Communications Commission licensure or other

12  evidence of Federal Communications Commission authorized

13  spectrum use from a wireless provider and may request the

14  Federal Communications Commission to provide information as to

15  a wireless provider's compliance with federal regulations, as

16  authorized by federal law.

17         (d)(c)1.  A local government shall grant or deny each a

18  properly completed application for a collocation under

19  subparagraph (11)(a)1. of this section reviewed through

20  administrative review or an application reviewed though

21  building-permit review a permit, including permits under

22  paragraph(a), for the collocation of a wireless communications

23  facility on property, buildings, or structures within the

24  local government's jurisdiction within 45 business days after

25  the date the properly completed application is determined to

26  be properly completed initially submitted in accordance with

27  this paragraph the applicable local government application

28  procedures, provided that such permit complies with applicable

29  federal regulations and applicable local zoning or land

30  development regulations, including any aesthetic requirements.

31  Local building regulations shall apply. If administrative


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    CS for CS for SB 2774                          First Engrossed



 1  reviews are required from multiple departments of the local

 2  government, such reviews shall be concurrent and all within

 3  the 45-business-day timeframe.

 4         2.  A local government shall grant or deny each a

 5  properly completed application for a wireless communications

 6  facility not reviewed through subparagraph (11)(d)1. of this

 7  section a permit for the siting of a new wireless tower or

 8  antenna on property, buildings, or structures within the local

 9  government's jurisdiction within 90 business days after the

10  date the properly completed application is determined to be

11  properly completed initially submitted in accordance with this

12  paragraph the applicable local government application

13  procedures, provided that such permit complies with applicable

14  federal regulations and applicable local zoning or land

15  development regulations, including any aesthetic requirements.

16  Local building regulations shall apply. If the local

17  government review of the wireless communications facility also

18  includes applications for administrative review, each shall be

19  within the applicable timeframe indicated in this section.

20         3.a.  An application is deemed submitted or resubmitted

21  on the date the application is received by the local

22  government. The local government shall notify the permit

23  applicant within 20 business days after the date the

24  application is initially submitted as to whether the

25  application is, for administrative purposes only, properly

26  completed and has been properly submitted. However, the such

27  determination shall not be deemed as an approval of the

28  application. If the application is not completed in compliance

29  with the local government's regulations, the Such notification

30  must shall indicate with specificity any deficiencies in the

31  required documents or deficiencies in the content of the


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    CS for CS for SB 2774                          First Engrossed



 1  required documents which, if cured, shall make the application

 2  properly completed. Upon resubmission of information to cure

 3  the stated deficiencies, the local government shall notify the

 4  applicant within 20 business days after the additional

 5  information is submitted whether the application is properly

 6  completed or if there are any remaining deficiencies that must

 7  be cured. Any deficiencies in document type or content not

 8  specified by the local government shall not render an

 9  application incomplete. Notwithstanding this sub-subparagraph,

10  if a specified deficiency is not properly cured when the

11  applicant resubmits its application to comply with the notice

12  of deficiencies, the local government may continue to request

13  the information until such time as the specified deficiency is

14  cured.

15         b.  If the local government fails to grant or deny a

16  properly completed application for a wireless communications

17  facility permit which has been properly submitted within the

18  timeframes set forth in this paragraph, the application

19  paragraph, the permit shall be deemed automatically approved

20  and the applicant provider may proceed with placement of such

21  facilities without interference or penalty. The timeframes

22  specified in subparagraph subparagraphs 1. and 2. shall be

23  extended only to the extent that the application permit has

24  not been granted or denied because the local government's

25  procedures generally applicable to all applications permits,

26  require action by the governing body and such action has not

27  taken place within the timeframes specified in subparagraph

28  subparagraphs 1. and 2. Under such circumstances, the local

29  government must act to either grant or deny the application

30  permit at its next regularly scheduled meeting or, otherwise,

31  


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    CS for CS for SB 2774                          First Engrossed



 1  the application permit shall be deemed to be automatically

 2  approved.

 3         c.  To be effective, a waiver of the timeframes set

 4  forth in this paragraph herein must be voluntarily agreed to

 5  by the applicant and the local government. A local government

 6  may request, but not require, a waiver of the timeframes by

 7  the applicant an entity seeking a permit, except that, with

 8  respect to a specific permit, a one-time waiver may be

 9  required in the case of a declared local, state, or federal

10  emergency that directly affects the administration of all

11  permitting activities of the local government.

12         (d)  Any additional wireless communications facilities,

13  such as communication cables, adjacent accessory structures,

14  or adjacent accessory equipment used in the provision of

15  cellular, enhanced specialized mobile radio, or personal

16  communications services, required within the existing secured

17  equipment compound within the existing site shall be deemed a

18  permitted use or activity. Local building and land development

19  regulations, including any aesthetic requirements, shall

20  apply.

21         (e)  The replacement of or modification to a wireless

22  communications facility, except a tower, that results in a

23  wireless communications facility of similar size, type, and

24  appearance and the replacement or modification of equipment

25  that is not visible from outside the wireless communications

26  site are subject only to building-permit review or

27  administrative review.

28         (f)1.(e)  The use of state government-owned property

29  for wireless communications facilities is encouraged. Any

30  other provision of law to the contrary notwithstanding, except

31  as provided in s. 253.0342, the Department of Management


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    CS for CS for SB 2774                          First Engrossed



 1  Services shall negotiate, in the name of the state, leases for

 2  wireless communications facilities that provide access to

 3  state government-owned property not acquired for

 4  transportation purposes, and the Department of Transportation

 5  shall negotiate, in the name of the state, leases for wireless

 6  communications facilities that provide access to property

 7  acquired for state rights-of-way.

 8         2.  On property acquired for transportation purposes,

 9  leases shall be granted in accordance with s. 337.251. On

10  other state government-owned property, leases shall be granted

11  on a space available, first-come, first-served basis as

12  determined by the Department of Management Services in

13  accordance with s. 253.0342. Payments required by state

14  government under a lease must be reasonable and must reflect

15  the market rate. for the use of the state government-owned

16  property. Lease payments shall be deposited in the General

17  Revenue Fund. Leases in existence on or before January 1, 2004

18  on lands titled in the name of the Board of Trustees of the

19  Internal Improvement Trust Fund or lands titled in the name of

20  other state agencies or water management districts shall be

21  excluded from the lease payment provisions of this section.

22  The Department of Management Services and the Department of

23  Transportation are authorized to adopt rules for the terms and

24  conditions and granting of any such leases.

25         3.  Local government zoning and land use regulations,

26  unless otherwise expressly exempted by general law, shall

27  apply to any private communication towers located on lands

28  titled in the name of the Board of Trustees of the Internal

29  Improvement Trust Fund or lands titled in the name of other

30  state agencies or water management districts. Any other

31  communication facility located on lands titled in the name of


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    CS for CS for SB 2774                          First Engrossed



 1  the Board of Trustees of the Internal Improvement Trust Fund

 2  or lands titled in the name of other state agencies or water

 3  management districts shall be subject to applicable zoning and

 4  land use requirements. Local government shall review the

 5  placement, construction or modification of a wireless

 6  communications facility on lands titled in the name of the

 7  Board of Trustees of the Internal Improvement Trust Fund or

 8  lands titled in the name of other state agencies or water

 9  management districts unless otherwise expressly exempted by

10  general law. If a wireless provider applies to enter into a

11  lease to use state government-owned property for a wireless

12  communications facility, the Department of Management Services

13  or the Department of Transportation, as applicable, shall not

14  review or consider any zoning or land use issues.

15         4.  The Department of Management Services or the

16  Department of Transportation, as applicable, shall grant or

17  deny each properly completed application for a wireless

18  communications facility on state government-owned property

19  within 90 business days after the date the application is

20  determined to be properly completed. The Department of

21  Management Services or the Department of Transportation, as

22  applicable, shall notify the applicant within 40 business days

23  after the date the application is initially submitted as to

24  whether the application is properly completed and has been

25  properly submitted. If the application is not complete in

26  accordance within the applicable application review

27  procedures, the notification shall indicate with specificity

28  any deficiencies which, if cured, shall make the application

29  properly completed. Upon resubmission of information to cure

30  the stated deficiencies, the Department of Management Services

31  or the Department of Transportation, as applicable, shall


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    CS for CS for SB 2774                          First Engrossed



 1  notify the applicant within 20 business days after the

 2  additional information was submitted whether the application

 3  is properly completed or if there are any remaining

 4  deficiencies which must be cured. To be effective, a waiver of

 5  any timeframe set forth herein must be voluntarily agreed to

 6  by the applicant and the Department of Management Services or

 7  the Department of Transportation, as applicable. If the

 8  Department of Management Services or the Department of

 9  Transportation, as applicable, fails to grant or deny a

10  properly completed application within the timeframes set forth

11  in this subsection and the timeframe has not been voluntarily

12  waived, the application shall be deemed automatically approved

13  and the applicant may proceed with placement of such

14  facilities without interference or penalty.

15         (g)  Any person adversely affected by any action or

16  failure to act by a local government which is inconsistent

17  with this subsection may bring an action in a court of

18  competent jurisdiction within 30 days after the action or the

19  failure to act. The court shall consider the matter on an

20  expedited basis.

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 specifically identified

29  county or municipality no later than September 1, 2003. Unless

30  the board receives no report that unreasonable delays have

31  occurred, the board shall, no later than September 30, 2003,


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    CS for CS for SB 2774                          First Engrossed



 1  establish a subcommittee responsible for developing a balanced

 2  approach between the ability of providers to locate wireless

 3  facilities necessary to comply with federal Phase II E911

 4  requirements using the carrier's own network and the desire of

 5  counties and municipalities to zone and regulate land uses to

 6  achieve public welfare goals. If a subcommittee is

 7  established, it shall include representatives from the Florida

 8  Telecommunications Industry Association, the Florida

 9  Association of Counties, and the Florida League of Cities. The

10  subcommittee shall be charged with developing recommendations

11  for the board and any specifically identified municipality or

12  county to consider regarding actions to be taken for

13  compliance for federal Phase II E911 requirements. In the

14  annual report due to the Governor and the Legislature by

15  February 28, 2004, the board shall include any recommendations

16  developed by the subcommittee to address compliance with

17  federal Phase II E911 requirements.

18         (13)  PRIOR APPROVAL REQUIREMENT.--It is the intent of

19  this act to assure the safety of employees, passengers, and

20  freight at airports, as defined in s. 330.27(2) and not to

21  require the placement at any airport of any wireless

22  communication facility unless approved by the airport.

23  Therefore, this section does not require the governing

24  authority of any airport to make available any site, space, or

25  facility owned or controlled by such airport to a service

26  provider for the location or collocation of any tower or

27  wireless communication facility, except on such terms and with

28  such limitation as the governing authority of such airport may

29  deem safe and appropriate. This section also does not affect

30  an airport governing authority's power or authority to manage,

31  control, or provide communications services, which include,


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    CS for CS for SB 2774                          First Engrossed



 1  but are not limited to, wired, cellular, wireless, and

 2  Internet services, information services, and data-related

 3  services for any facility owned or controlled by the airport.

 4  This section does not affect an airport governing authority's

 5  power or authority to recover costs or generate revenue from

 6  communications services provided on the airport.

 7         Section 3.  Section 253.0342, Florida Statutes, is

 8  created to read:

 9         253.0342  Use of state or water management district

10  lands for wireless communications facilities--

11         (1)  Upon a request by the Department of Management

12  Services for the siting of proposed wireless communications

13  facilities as defined in s. 367.172(3), in a specific

14  geographic region, the Division of State Lands shall provide a

15  list of lands titled in the name of the Board of Trustees of

16  the Internal Improvement Trust Fund and lands titled in the

17  name of other state agencies or water management districts for

18  placement of these wireless communications facilities in that

19  region.

20         (2)  Upon receipt of the list referred to in s.

21  253.0342(1), the Department of Management Services shall

22  contact the lead managing agency for lands titled in the name

23  of the Board of Trustees of the Internal Improvement Trust

24  Fund or the site owner for lands titled in the name of other

25  state agencies or water management districts, to obtain a

26  determination of whether the requested site is suitable for

27  placement of these wireless facilities.

28         (3)  Consideration of suitability by the lead managing

29  agency or the site owner shall include, but not be limited to,

30  whether the proposed use will interfere with existing or

31  designated uses (including conservation uses), leases, or the


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    CS for CS for SB 2774                          First Engrossed



 1  public health and safety. Consideration shall first be given

 2  to collocating any proposed facility with existing linear

 3  facilities, buildings or other structures. A determination

 4  regarding suitability of a site shall be made in writing.

 5         (4)  Upon a determination that a site is both available

 6  and suitable for lease, the Department of Management Services

 7  is authorized to negotiate a proposed lease agreement with the

 8  wireless provider for the use of state-owned lands titled in

 9  the name of the Board of Trustees of the Internal Improvement

10  Trust Fund and for lands titled in the name of other state

11  agencies or water management districts for the placement of

12  wireless communications facilities. A copy of any proposed

13  lease agreement shall be provided to the lead managing agency

14  or site owner.

15         (5)(a)  Lease agreements proposed by the Department of

16  Management Services for lands titled to the Board of Trustees

17  of the Internal Improvement Trust Fund shall be submitted to

18  the Division of State Lands as the designated representative

19  of the Board of Trustees of the Internal Improvement Trust

20  Fund for action by the board. The board may delegate the

21  approval or denial of proposed leases on categories or classes

22  of property to the Secretary of the Department of

23  Environmental Protection subject to terms and conditions

24  established by the board. Any proposed lease agreement must be

25  placed on the board's agenda or must be approved or denied by

26  the Secretary within 60 days of receipt from the Department of

27  Management Services. Such action shall constitute a final

28  order.

29         (b)  Lease agreements proposed by the Department of

30  Management Services for land titled to a water management

31  district must be submitted to the governing board of the


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    CS for CS for SB 2774                          First Engrossed



 1  appropriate water management district for its approval or

 2  denial. The governing board must agenda any proposed lease

 3  agreement within 60 days of receipt from the Department of

 4  Management Services. Such action by the governing board shall

 5  constitute an order of the agency.

 6         (c)  Lease agreements proposed by the Department of

 7  Management Services for lands titled in the name of a state

 8  agency shall be approved or denied by the secretary or

 9  executive director of the agency within 60 days. Such action

10  by the secretary or executive director shall constitute an

11  order of the agency.

12         (6)  All leases entered into under this section shall

13  restrict use of sites by wireless providers to those uses

14  directly related to provisions of wireless communications

15  service, including provisions for removal of any towers,

16  antennae or appurtenances of the wireless provider and any

17  needed site restoration. Use of the site by the wireless

18  provider shall be carried out and maintained in a manner

19  consistent with existing and designated uses (including

20  conservation uses), land management plans, leases, applicable

21  rules, and the public health and safety.

22         (7)  Upon the approval by the lead managing agency or

23  site owner for the use of the property or facility for the

24  wireless communications facilities and upon approval of the

25  proposed lease agreement, the Department of Management

26  Services shall enter into the lease agreement with the

27  wireless provider. A copy of the executed lease agreement

28  shall be provided to the lead managing agency and site owner.

29         Section 4.  Paragraph (a) of subsection (2) and

30  subsection (3) of section 365.173, Florida Statutes, are

31  amended to read:


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    CS for CS for SB 2774                          First Engrossed



 1         365.173  Wireless Emergency Telephone System Fund.--

 2         (2)  Subject to any modifications approved by the board

 3  pursuant to s. 365.172(8)(c), the moneys in the fund shall be

 4  distributed and used only as follows:

 5         (a)  Forty-four percent of the moneys shall be

 6  distributed each month to counties, based on the total number

 7  of wireless subscriber billing addresses in each county, for

 8  payment of:

 9         1.  Recurring costs of providing 911 or E911 service,

10  as provided by s. 365.171(13)(a)6.

11         2.  Costs to comply with the requirements for E911

12  service contained in the order and any future rules related to

13  the order.

14  

15  Any county that receives funds under this paragraph shall

16  establish a fund to be used exclusively for the receipt and

17  expenditure of the revenues collected under this paragraph.

18  All fees placed in the fund, and any interest accrued, shall

19  be used solely for costs described in subparagraphs 1 and 2.

20  The money collected and interest earned in this fund shall be

21  appropriated for these purposes by the county commissioners

22  and incorporated into the annual county budget. The fund shall

23  be included within the financial audit performed in accordance

24  with s. 218.39. A county may carry forward the, for up to 3

25  successive calendar years, up to 30 percent of the total funds

26  disbursed to the county by the board during a calendar year

27  for expenditures for capital outlay, capital improvements, or

28  equipment replacement, if the such expenditures are made for

29  the purposes specified in this paragraph.

30         (3)  The Auditor General shall annually audit the fund

31  to ensure that moneys in the fund are being managed in


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    CS for CS for SB 2774                          First Engrossed



 1  accordance with this section and s. 365.172. The Auditor

 2  General shall provide a report of the annual audit to the

 3  board.

 4         Section 5.  This act shall take effect July 1, 2004.

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