HB 0305

1	A bill to be entitled
2	An act relating to the wireless emergency telephone
3	system; amending s. 11.45, F.S.; removing the annual audit
4	of the Wireless Emergency Telephone System Fund from the
5	duties of the Auditor General; amending s. 364.02, F.S.;
6	revising fee schedules for providers of interexchange
7	telecommunications services; amending s. 365.172, F.S.;
8	adding definitions relating to wireless telephone
9	communications; revising duties of the Wireless 911 Board;
10	requiring the hiring of an executive director and an
11	independent, private attorney; providing legislative
12	intent regarding the emergency wireless telephone system;
13	providing standards for local governments to follow when
14	regulating the placement, construction, or modification of
15	a wireless communications facility; directing local
16	governments to grant or deny properly completed
17	applications within specified time periods; providing
18	procedures for a provider of wireless communications
19	services to submit an application for local approval;
20	directing local governments to notify a provider in
21	writing of the deficiencies in an application; directing
22	local governments to notify a provider in writing whether
23	the resubmission of information properly completes the
24	application; permitting local governments to continue
25	requesting information until the application deficiencies
26	are cured; providing for a limited review by a local
27	government of an accessory wireless communications
28	facility; prohibiting local governments from imposing
29	certain restrictions on wireless communications
30	facilities; providing that a person who is adversely
31	affected by a decision of a local government relating to a
32	wireless communications facility may bring an action
33	within a specified period; providing for the computation
34	of the time period; amending s. 365.173, F.S.; directing
35	how a county may use funds derived from the E911 fee;
36	requiring the board of county commissioners to appropriate
37	the funds to the proper uses; removing the requirement
38	that the Auditor General annually audit the E911 fund;
39	amending s. 337.401, F.S.; requiring municipalities and
40	counties to treat communications services providers in a
41	manner that is competitively neutral and nondiscriminatory
42	when using public roads and rights-of-ways; prohibiting
43	municipalities and counties from requiring communications
44	services providers to obtain a license or franchise from
45	the municipality or county; providing an effective date.
46
47	Be It Enacted by the Legislature of the State of Florida:
48
49	Section 1.  Subsection (2) of section 11.45, Florida
50	Statutes, is amended to read:
51	11.45  Definitions; duties; authorities; reports; rules.--
52	(2)  DUTIES.--The Auditor General shall:
53	(a)  Conduct audits of records and perform related duties
54	as prescribed by law, concurrent resolution of the Legislature,
55	or as directed by the Legislative Auditing Committee.
56	(b)  Annually conduct a financial audit of state
57	government.
58	(c)  Annually conduct financial audits of all universities
59	and district boards of trustees of community colleges.
60	(d)  Annually conduct financial audits of the accounts and
61	records of all district school boards in counties with
62	populations of fewer than 150,000, according to the most recent
63	federal decennial statewide census.
64	(e)  Annually conduct an audit of the Wireless Emergency
65	Telephone System Fund as described in s. 365.173.
66	(e)(f)  Annually conduct audits of the accounts and records
67	of the Florida School for the Deaf and the Blind.
68	(f)(g)  At least every 2 years, conduct operational audits
69	of the accounts and records of state agencies and universities.
70	In connection with these audits, the Auditor General shall give
71	appropriate consideration to reports issued by state agencies'
72	inspectors general or universities' inspectors general and the
73	resolution of findings therein.
74	(g)(h)  At least every 2 years, conduct a performance audit
75	of the local government financial reporting system, which, for
76	the purpose of this chapter, means any statutory provisions
77	related to local government financial reporting. The purpose of
78	such an audit is to determine the accuracy, efficiency, and
79	effectiveness of the reporting system in achieving its goals and
80	to make recommendations to the local governments, the Governor,
81	and the Legislature as to how the reporting system can be
82	improved and how program costs can be reduced. The Auditor
83	General shall determine the scope of such audits. The local
84	government financial reporting system should provide for the
85	timely, accurate, uniform, and cost-effective accumulation of
86	financial and other information that can be used by the members
87	of the Legislature and other appropriate officials to accomplish
88	the following goals:
89	1.  Enhance citizen participation in local government;
90	2.  Improve the financial condition of local governments;
91	3.  Provide essential government services in an efficient
92	and effective manner; and
93	4.  Improve decisionmaking on the part of the Legislature,
94	state agencies, and local government officials on matters
95	relating to local government.
96	(h)(i)  Once every 3 years, conduct performance audits of
97	the Department of Revenue's administration of the ad valorem tax
98	laws as described in s. 195.096.
99	(i)(j)  Once every 3 years, conduct financial audits of the
100	accounts and records of all district school boards in counties
101	with populations of 125,000 or more, according to the most
102	recent federal decennial statewide census.
103	(j)(k)  Once every 3 years, review a sample of each state
104	agency's internal audit reports to determine compliance with
105	current Standards for the Professional Practice of Internal
106	Auditing or, if appropriate, government auditing standards.
107	(k)(l)  Conduct audits of local governmental entities when
108	determined to be necessary by the Auditor General, when directed
109	by the Legislative Auditing Committee, or when otherwise
110	required by law. No later than 18 months after the release of
111	the audit report, the Auditor General shall perform such
112	appropriate followup procedures as he or she deems necessary to
113	determine the audited entity's progress in addressing the
114	findings and recommendations contained within the Auditor
115	General's previous report. The Auditor General shall provide a
116	copy of his or her determination to each member of the audited
117	entity's governing body and to the Legislative Auditing
118	Committee.
119
120	The Auditor General shall perform his or her duties
121	independently but under the general policies established by the
122	Legislative Auditing Committee. This subsection does not limit
123	the Auditor General's discretionary authority to conduct other
124	audits or engagements of governmental entities as authorized in
125	subsection (3).
126	Section 2.  Subsection (13) of section 364.02, Florida
127	Statutes, is amended to read:
128	364.02  Definitions.--As used in this chapter:
129	(13)  "Telecommunications company" includes every
130	corporation, partnership, and person and their lessees,
131	trustees, or receivers appointed by any court whatsoever, and
132	every political subdivision in the state, offering two-way
133	telecommunications service to the public for hire within this
134	state by the use of a telecommunications facility. The term
135	"telecommunications company" does not include:
136	(a)  An entity which provides a telecommunications facility
137	exclusively to a certificated telecommunications company;
138	(b)  An entity which provides a telecommunications facility
139	exclusively to a company which is excluded from the definition
140	of a telecommunications company under this subsection;
141	(c)  A commercial mobile radio service provider;
142	(d)  A facsimile transmission service;
143	(e)  A private computer data network company not offering
144	service to the public for hire;
145	(f)  A cable television company providing cable service as
146	defined in 47 U.S.C. s. 522; or
147	(g)  An intrastate interexchange telecommunications
148	company.
149
150	However, each commercial mobile radio service provider and each
151	intrastate interexchange telecommunications company shall
152	continue to be liable for any taxes imposed under pursuant to
153	chapters 202, 203 and 212 and any fees assessed under s. 364.025
154	pursuant to ss. 364.025 and 364.336. Each intrastate
155	interexchange telecommunications company shall continue to be
156	subject to ss. 364.04, 364.10(3)(a) and (d), 364.163, 364.285,
157	364.336, 364.501, 364.603, and 364.604, shall provide the
158	commission with the such current information as the commission
159	deems necessary to contact and communicate with the company,
160	shall continue to pay intrastate switched network access rates
161	or other intercarrier compensation to the local exchange
162	telecommunications company or the competitive local exchange
163	telecommunications company for the origination and termination
164	of interexchange telecommunications service, and shall reduce
165	its intrastate long distance toll rates in accordance with s.
166	364.163(2).
167	Section 3.  Subsections (3), (6), and (11) and paragraph
168	(a) of subsection (8) of section 365.172, Florida Statutes, are
169	amended to read:
170	365.172  Wireless emergency telephone number "E911."--
171	(3)  DEFINITIONS.--As used in this section and ss. 365.173
172	and 365.174, the term:
173	(a)  "Active prepaid wireless telephone" means a prepaid
174	wireless telephone that has been used by the customer during the
175	month to complete a telephone call for which the customer's card
176	or balance was decremented.
177	(b)  "Administrative review" means the nondiscretionary
178	review conducted by local governmental staff for compliance with
179	local government ordinances, but does not include a public
180	hearing or review of public input.
181	(c)(b)  "Answering point" means the public safety agency
182	that receives incoming 911 calls and dispatches appropriate
183	public safety agencies to respond to the such calls.
184	(d)(c)  "Automatic location identification" means the
185	capability of the E911 service which enables the automatic
186	display of information that defines the approximate geographic
187	location of the wireless telephone used to place a 911 call.
188	(e)(d)  "Automatic number identification" means the
189	capability of the E911 service which enables the automatic
190	display of the 10-digit service number used to place a 911 call.
191	(f)(e)  "Board" means the board of directors of the
192	Wireless 911 Board.
193	(g)(f)  "Office" means the State Technology Office.
194	(h)  "Building-permit review" means a review for compliance
195	with building construction standards adopted by the local
196	government under chapter 553 and does not include a review for
197	compliance with land development regulations.
198	(i)  "Collocation" means the situation when a second or
199	subsequent wireless provider uses an existing structure to
200	locate a second or subsequent antenna. The term includes the
201	ground, platform, or roof installation of equipment enclosures,
202	cabinets, or buildings, and cables, brackets, and other
203	equipment associated with the location and operation of the
204	antennas. A collocation shall not be considered a modification
205	to an existing structure which subjects the structure to greater
206	than building-permit review or which constitutes an
207	impermissible modification of a nonconforming structure.
208	(j)(g)  "E911" is the designation for a wireless enhanced
209	911 system or wireless enhanced 911 service that is an emergency
210	telephone system or service that provides a subscriber with
211	wireless 911 service and, in addition, directs 911 calls to
212	appropriate public safety answering points by selective routing
213	based on the geographical location from which the call
214	originated, or as otherwise provided in the state plan under s.
215	365.171, and that provides for automatic number identification
216	and automatic location-identification features in accordance
217	with the requirements of the order.
218	(k)  "Existing structure" means a structure that exists at
219	the time an application for permission to place antennas on a
220	structure is filed with a local government. The term includes
221	any structure that can support the attachment of antennas,
222	including, but not limited to, towers, buildings, utility
223	structures, light poles, water towers, clock towers, bell
224	towers, and steeples.
225	(l)(h)  "Fee" means the E911 fee imposed under subsection
226	(8).
227	(m)(i)  "Fund" means the Wireless Emergency Telephone
228	System Fund established in s. 365.173 and maintained under this
229	section for the purpose of recovering the costs associated with
230	providing 911 service or E911 service, including the costs of
231	implementing the order.
232	(n)  "Land-development regulation" means any ordinance
233	enacted by a local governing body for the regulation of any
234	aspect of development, including an ordinance governing zoning,
235	subdivisions, landscaping, tree protection, or signs, or any
236	other ordinance concerning any aspect of the development of
237	land. The term does not include any building-construction
238	standard adopted under and in compliance with chapter 553.
239	(o)(j)  "Local exchange carrier" means a "competitive local
240	exchange telecommunications company" or a "local exchange
241	telecommunications company" as defined in s. 364.02.
242	(p)(k)  "Local government" means any municipality, county,
243	or political subdivision or agency of a municipality, county, or
244	political subdivision.
245	(q)(l)  "Mobile telephone number" or "MTN" means the
246	telephone number assigned to a wireless telephone at the time of
247	initial activation.
248	(r)(m)  "Order" means:
249	1.  The following orders and rules of the Federal
250	Communications Commission issued in FCC Docket No. 94-102:
251	a.  Order adopted on June 12, 1996, with an effective date
252	of October 1, 1996, the amendments to s. 20.03 and the creation
253	of s. 20.18 of Title 47 of the Code of Federal Regulations
254	adopted by the Federal Communications Commission pursuant to the
255	such order.
256	b.  Memorandum and Order No. FCC 97-402 adopted on December
257	23, 1997.
258	c.  Order No. FCC DA 98-2323 adopted on November 13, 1998.
259	d.  Order No. FCC 98-345 adopted December 31, 1998.
260	2.  Orders and rules subsequently adopted by the Federal
261	Communications Commission relating to the provision of wireless
262	911 services.
263	(s)(o)  "Prepaid wireless telephone service" means wireless
264	telephone service that is activated in advance by payment for a
265	finite dollar amount of service or for a finite set of minutes
266	that terminate either upon use by a customer and delivery by the
267	wireless provider of an agreed-upon amount of service
268	corresponding to the total dollar amount paid in advance or
269	within a certain period of time following the initial purchase
270	or activation, unless additional payments are made.
271	(t)(n)  "Provider" or "wireless provider" means a person or
272	entity who provides service and either:
273	1.  Is subject to the requirements of the order; or
274	2.  Elects to provide wireless 911 service or E911 service
275	in this state.
276	(u)(p)  "Public agency" means the state and any
277	municipality, county, municipal corporation, or other
278	governmental entity, public district, or public authority
279	located in whole or in part within this state which provides, or
280	has authority to provide, firefighting, law enforcement,
281	ambulance, medical, or other emergency services.
282	(v)(q)  "Public safety agency" means a functional division
283	of a public agency which provides firefighting, law enforcement,
284	medical, or other emergency services.
285	(w)(r)  "Rural county" means any county that has a
286	population of fewer than 75,000.
287	(x)(s)  "Service" means "commercial mobile radio service"
288	as provided under ss. 3(27) and 332(d) of the Federal
289	Telecommunications Act of 1996, 47 U.S.C., ss. 151 et seq., and
290	the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-
291	66, August 10, 1993, 107 Stat. 312. The term "service" includes
292	the term "wireless" and service provided by any wireless real-
293	time two-way wire communication device, including radio-
294	telephone communications used in cellular telephone service;
295	personal communications service; or the functional or
296	competitive equivalent of a radio-telephone communications line
297	used in cellular telephone service, a personal communications
298	service, or a network radio access line. The term does not
299	include wireless providers that offer mainly dispatch service in
300	a more localized, noncellular configuration; providers offering
301	only data, one-way, or stored-voice services on an
302	interconnected basis; providers of air-to-ground services; or
303	public coast stations.
304	(y)(t)  "Service number" means the unique 10-digit wireless
305	telephone number assigned to a service subscriber.
306	(z)(u)  "Sufficient positive balance" means a dollar amount
307	greater than or equal to the monthly wireless surcharge amount.
308	(aa)  "Tower" means any structure designed primarily to
309	support a wireless provider's antenna.
310	(bb)  "Wireless communications facility" means any
311	equipment or facility used to provide service, and may include,
312	but is not limited to, antennas, towers, equipment enclosures,
313	cabling, antenna brackets, and other such equipment. Placing a
314	wireless communications facility on an existing structure does
315	not cause the existing structure to become a wireless
316	communications facility.
317	(cc)  "Wireless communications site" means only the area on
318	the roof, structure, or ground which is designed, intended to be
319	used, or is used for the location of a wireless communications
320	facility, and any fencing and landscaping provided in
321	association with the wireless communications facility.
322	(dd)(v)  "Wireless 911 system" or "wireless 911 service"
323	means an emergency telephone system or service that provides a
324	subscriber with the ability to reach an answering point by
325	dialing the digits "911." A wireless 911 system is complementary
326	to a wired 911 system as provided for in s. 365.171.
327	(6)  AUTHORITY OF THE BOARD; ANNUAL REPORT.--
328	(a)  The board shall:
329	1.  Administer the E911 fee.
330	2.  Implement, maintain, and oversee the fund.
331	3.  Review and oversee the disbursement of the revenues
332	deposited into the fund as provided in s. 365.173. The board may
333	establish a schedule for implementing wireless E911 service by
334	service area, and prioritize disbursements of revenues from the
335	fund to providers and rural counties as provided in s.
336	365.173(2)(b) and (c) pursuant to the schedule, in order to
337	implement E911 services in the most efficient and cost-effective
338	manner.
339	4.  Review documentation submitted by providers which
340	reflects current and projected funds derived from the E911 fee,
341	and the expenses incurred and expected to be incurred, in order
342	to comply with the E911 service requirements contained in the
343	order for the purposes of:
344	a.  Ensuring that providers receive fair and equitable
345	distributions of funds from the fund.
346	b.  Ensuring that providers are not provided disbursements
347	from the fund which exceed the costs of providing E911 service,
348	including the costs of complying with the order.
349	c.  Ascertaining the projected costs of compliance with the
350	requirements of the order and projected collections of the E911
351	fee.
352	d.  Implementing changes to the allocation percentages or
353	reducing the E911 fee under paragraph (8)(c).
354	5.  Review and approve or reject, in whole or in part,
355	applications submitted by providers for recovery of moneys
356	deposited into the fund.
357	6.  Hire and retain employees, which may include an
358	independent executive director who shall possess experience in
359	the area of telecommunications and emergency 911 issues, for the
360	purposes of performing the technical and administrative
361	functions for the board.
362	7.  Make and enter into contracts, pursuant to chapter 287,
363	and execute other instruments necessary or convenient for the
364	exercise of the powers and functions of the board.
365	8.  Take all necessary and reasonable steps by July 1,
366	2000, to secure appropriate information and reports from
367	providers and otherwise perform all of the functions that would
368	be performed by an independent accounting firm prior to
369	completing the request-for-proposals process under subsection
370	(7).
371	9.  Sue and be sued, and appear and defend in all actions
372	and proceedings, in its corporate name to the same extent as a
373	natural person.
374	10.  Adopt, use, and alter a common corporate seal.
375	11.  Elect or appoint the officers and agents that are
376	required by the affairs of the board.
377	12.  The board may adopt rules under ss. 120.536(1) and
378	120.54 to implement this section and ss. 365.173 and 365.174.
379	13.  Provide coordination, support, and technical
380	assistance to counties to promote the deployment of advanced 911
381	and E911 systems in the state.
382	14.  Provide coordination and support for educational
383	opportunities related to 911 issues for the 911 community in
384	this state.
385	15.  Act as an advocate for issues related to 911 system
386	functions, features, and operations to improve the delivery of
387	911 services to the residents of and visitors to this state.
388	16.  Coordinate input from this state at national forums
389	and associations, to ensure that policies related to 911 systems
390	and services are consistent with the policies of the 911
391	community in this state.
392	17.  Work cooperatively with the system director
393	established in s. 365.171(5) to enhance the state of 911
394	services in this state and to provide unified leadership for all
395	911 issues through planning and coordination.
396	18.  Do all acts and things necessary or convenient to
397	carry out the powers granted in this section, including but not
398	limited to, consideration of emerging technology and related
399	cost savings.
400	19.  Have the authority to secure the services of an
401	independent, private attorney via invitation to bid, request for
402	proposals, invitation to negotiate, or professional contracts
403	for legal services already established at the Division of
404	Purchasing of the Department of Management Services.
405	(b)  Board members shall serve without compensation;
406	however, members are entitled to per diem and travel expenses as
407	provided in s. 112.061.
408	(c)  By February 28 of each year, the board shall prepare a
409	report for submission by the office to the Governor, the
410	President of the Senate, and the Speaker of the House of
411	Representatives which reflects, for the immediately preceding
412	calendar year, the quarterly and annual receipts and
413	disbursements of moneys in the fund, the purposes for which
414	disbursements of moneys from the fund have been made, and the
415	availability and status of implementation of E911 service in
416	this state.
417	(d)  By February 28, 2001, the board shall undertake and
418	complete a study for submission by the office to the Governor,
419	the President of the Senate, and the Speaker of the House of
420	Representatives which addresses:
421	1.  The total amount of E911 fee revenues collected by each
422	provider, the total amount of expenses incurred by each provider
423	to comply with the order, and the amount of moneys on deposit in
424	the fund, all as of December 1, 2000.
425	2.  Whether the amount of the E911 fee and the allocation
426	percentages set forth in s. 365.173 should be adjusted to comply
427	with the requirements of the order, and, if so, a recommended
428	adjustment to the E911 fee.
429	3.  Any other issues related to providing wireless E911
430	services.
431	(8)  WIRELESS E911 FEE.--
432	(a)  Each home service provider shall collect a monthly fee
433	imposed on each customer whose place of primary use is within
434	this state. For purposes of this section, the state and local
435	governments are not customers. The rate of the fee shall be 50
436	cents per month per each service number, beginning August 1,
437	1999. The fee shall apply uniformly and be imposed throughout
438	the state.
439	(11)  FACILITATING E911 SERVICE IMPLEMENTATION.--In order
440	to balance the public need for reliable E911 services through
441	reliable wireless systems with the public interest served by
442	governmental zoning and land development regulations and
443	notwithstanding any other law or local ordinance to the
444	contrary, the following standards shall apply to a local
445	government's regulation of the placement, construction, or
446	modification of a wireless communications facility:
447	(a)1.  Collocation Colocation among wireless telephone
448	service providers is encouraged by the state. Collocations that
449	do not increase the height of the structure to which the
450	antennas are to be attached, measured to the highest point of
451	any part of the structure or any appurtenance attached to the
452	structure, and consist of antennas, equipment enclosures, and
453	ancillary facilities that are of a design and configuration
454	consistent with all applicable restrictions or conditions
455	applied to the first antenna placement on the structure and, if
456	applicable, applied to the structure supporting the antennas,
457	are To further facilitate agreements among providers for
458	colocation of their facilities, any antennae and related
459	equipment to service the antennae that is being colocated on an
460	existing above-ground structure is not subject to land
461	development regulation and are subject to building-permit review
462	only pursuant to s. 163.3202, provided the height of the
463	existing structure is not increased. However, construction of
464	the antennae and related equipment is subject to local building
465	regulations and to any applicable existing permits or agreements
466	for the such property, buildings, or structures. However,
467	restrictions, conditions, permits, or agreements imposed by a
468	local government, acting in its regulatory capacity, which are
469	inconsistent with this section do not apply to the collocations.
470	If some portion of the collocation does not meet the
471	requirements of this paragraph, that portion only may be
472	reviewed under the local government's regulation for a first
473	placement of that portion of the facility. Nothing herein shall
474	relieve the permitholder for or owner of the existing structure
475	of compliance with any applicable condition or requirement of a
476	permit, agreement, or land development regulation, including any
477	aesthetic requirements, or law.
478	2.  An existing tower, including a nonconforming tower, may
479	be structurally modified in order to permit collocation or may
480	be replaced through no more than administrative review and
481	building-permit review if the overall height of the tower is not
482	increased and, if a replacement, the replacement tower is a
483	monopole tower or, if the existing tower is a camouflaged tower,
484	the replacement tower is a like-camouflaged tower.
485	(b)1.  A local government is limited when evaluating a
486	wireless provider's application for placement of a wireless
487	communications facility to issues concerning land development
488	and zoning. A local government may not request information on or
489	review, consider, or evaluate a wireless provider's business
490	need for a specific location for a wireless communications site
491	or the need for wireless service to be provided from a
492	particular site unless the wireless provider voluntarily offers
493	this information to the local government. A local government may
494	not request information on or review, consider, or evaluate the
495	wireless provider's service quality or the network design of the
496	wireless service unless the information or materials are
497	directly related to an identified land development or zoning
498	issue or unless the wireless provider voluntarily offers the
499	information.
500	2.  The setback or distance separation required of a tower
501	may not exceed the minimum distance necessary to satisfy the
502	structural safety or aesthetic concerns that are protected by
503	the setback or distance separation.
504	3.  A local government may exclude the placement of
505	wireless communications facilities in a residential area or
506	residential zoning district only if the provider can reasonably
507	provide its designed service to the residential area or zone
508	from outside the residential area or zone in a manner consistent
509	with the provider's network design. Exclusion from the
510	residential area may not prohibit or have the effect of
511	prohibiting the provider's service through a technological,
512	structural, economic, practical, or other prohibition or
513	unreasonably discriminate among providers of functionally
514	equivalent services. If the exclusion cannot exist in a
515	residential area or residential zone, the local government and
516	provider must work cooperatively to approve the appropriate
517	structure design in the residential area or residential zone,
518	consistent with the community and the provision of the
519	provider's service. If the communications facilities are
520	excluded from the residential area or zone, the local government
521	and provider must cooperatively work to approve the appropriate
522	location and structural design in a way that is consistent with
523	the community and the provision of the provider's service.
524	4.  A local government may impose a fee, surety, or
525	insurance requirement on a wireless provider when applying to
526	place, construct, or modify a wireless communications facility
527	only if a similar fee, surety, or insurance requirement is also
528	imposed on applicants seeking similar types of zoning, land use,
529	or building-permit review. Fees for review of applications for
530	wireless communications facilities by consultants or experts who
531	are engaged to review general zoning and land use matters on
532	behalf of the local government may be recovered, but only if the
533	recovery is routinely sought from applicants seeking a similar
534	level of review for zoning or land-development approvals, and
535	any fees must be reasonable.
536	5.  A local government may not impose structural or
537	construction standards on the placement, construction, or
538	modification of wireless communications facilities beyond those
539	adopted by the local government under chapter 553 which apply to
540	all similar types of construction or require information on
541	compliance with the extraordinary standards. However, local
542	governments may request, but not require, that wireless
543	communication facilities be placed, constructed, and modified in
544	accordance with accepted trade construction standards, such as
545	EIA/TIA standards.
546	(c)(b)  Local governments may shall not require wireless
547	providers to provide evidence of a wireless communications
548	facility's compliance with federal regulations, except evidence
549	of compliance with applicable Federal Aviation Administration
550	requirements under 14 C.F.R. s. 77, as amended.  However, local
551	governments may request shall receive evidence of proper Federal
552	Communications Commission licensure or other evidence of Federal
553	Communications Commission authorized spectrum use from a
554	wireless provider and may request the Federal Communications
555	Commission to provide information as to a wireless provider's
556	compliance with federal regulations, as authorized by federal
557	law.
558	(d)(c)1.  A local government shall grant or deny each a
559	properly completed application for a collocation under
560	subparagraph (11)(a)1. within the normal timeframe for a similar
561	building permit review but in no case later than a permit,
562	including permits under paragraph (a), for the colocation of a
563	wireless communications facility on property, buildings, or
564	structures within the local government's jurisdiction within 45
565	business days after the date the properly completed application
566	is determined to be properly completed initially submitted in
567	accordance with this paragraph the applicable local government
568	application procedures, provided that such permit complies with
569	applicable federal regulations and applicable local zoning or
570	land development regulations, including any aesthetic
571	requirements. Local building regulations shall apply.
572	2.  A local government shall grant or deny each a properly
573	completed application for any other wireless communications
574	facility within the normal timeframe for a similar building
575	permit review but in no case later than a permit for the siting
576	of a new wireless tower or antenna on property, buildings, or
577	structures within the local government's jurisdiction within 90
578	business days after the date the properly completed application
579	is determined to be properly completed initially submitted in
580	accordance with this paragraph the applicable local government
581	application procedures, provided that such permit complies with
582	applicable federal regulations and applicable local zoning or
583	land development regulations, including any aesthetic
584	requirements. The building-permit review portion of the local
585	government review must be completed within the normal timeframe
586	for a similar building permit review but in no case later than
587	45 business days after the application is completed Local
588	building regulations shall apply.
589	3.a.  An application is deemed submitted or resubmitted on
590	the date the application is received by the local government.
591	The local government shall notify the permit applicant, in
592	writing, within 20 business days after the date the application
593	is initially submitted as to whether the application is, for
594	administrative purposes only, properly completed and has been
595	properly submitted. However, the such determination shall not be
596	deemed as an approval of the application. If the application is
597	not completed in compliance with the local government's
598	regulations, the Such notification must shall indicate with
599	specificity any deficiencies in the required documents or
600	deficiencies in the content of the required documents which, if
601	cured, shall make the application properly completed. Upon
602	resubmission of information to cure the stated deficiencies, the
603	local government shall notify the applicant, in writing, within
604	20 business days after the additional information is submitted
605	whether the application is properly completed or if there are
606	any remaining deficiencies that must be cured. Any deficiencies
607	in document type or content not specified by the local
608	government do not make an application incomplete and are waived.
609	Notwithstanding this sub-subparagraph, if a specified deficiency
610	is not properly cured when the applicant resubmits its
611	application to comply with the notice of deficiencies, the local
612	government may continue to request the information until such
613	time as the specified deficiency is cured.
614	b.  If the local government fails to grant or deny a
615	properly completed application for a wireless communications
616	facility permit which has been properly submitted within the
617	timeframes set forth in this paragraph, the application
618	paragraph, the permit shall be deemed automatically approved and
619	the applicant provider may proceed with placement of the such
620	facilities without interference or penalty. The timeframes
621	specified in subparagraph subparagraphs 1. and 2. may shall be
622	extended only to the extent that the application permit has not
623	been granted or denied because the local government's procedures
624	generally applicable to all applications permits, require action
625	by the governing body and such action has not taken place within
626	the timeframes specified in subparagraph subparagraphs 1. and 2.
627	Under these such circumstances, the local government must act to
628	either grant or deny the application permit at its next
629	regularly scheduled meeting or, otherwise, the application is
630	permit shall be deemed to be automatically approved.
631	c.  To be effective, a waiver of the timeframes set forth
632	in this paragraph herein must be voluntarily agreed to by the
633	applicant and the local government. A local government may
634	request, but not require, a waiver of the timeframes by the
635	applicant an entity seeking a permit, except that, with respect
636	to a specific permit, a one-time waiver may be required in the
637	case of a declared local, state, or federal emergency that
638	directly affects the administration of all permitting activities
639	of the local government.
640	(d)  Any additional wireless communications facilities,
641	such as communication cables, adjacent accessory structures, or
642	adjacent accessory equipment used in the provision of cellular,
643	enhanced specialized mobile radio, or personal communications
644	services, required within the existing secured equipment
645	compound within the existing site shall be deemed a permitted
646	use or activity. Local building and land development
647	regulations, including any aesthetic requirements, shall apply.
648	(e)  A local government may not impose square footage or
649	height limitations on equipment enclosures, cabinets, or
650	buildings inconsistent with those required for other structures
651	in the same zoning district. This paragraph supersedes any
652	existing limitation imposed on equipment enclosures, cabinets,
653	or buildings by ordinance, resolution, or land development
654	regulation.
655	(f)  The replacement of or modification to a wireless
656	communications facility, except a tower, that results in a
657	wireless communications facility of similar size, type, and
658	appearance and the replacement or modification of equipment that
659	is not visible from outside the wireless communications site are
660	subject to no more than applicable building-permit review.
661	(g)(e)  Any other provision of law to the contrary
662	notwithstanding, the Department of Management Services shall
663	negotiate, in the name of the state, leases for wireless
664	communications facilities that provide access to state
665	government-owned property not acquired for transportation
666	purposes, and the Department of Transportation shall negotiate,
667	in the name of the state, leases for wireless communications
668	facilities that provide access to property acquired for state
669	rights-of-way. On property acquired for transportation purposes,
670	leases shall be granted in accordance with s. 337.251. On other
671	state government-owned property, leases shall be granted on a
672	space available, first-come, first-served basis. Payments
673	required by state government under a lease must be reasonable
674	and must reflect the market rate for the use of the state
675	government-owned property. The Department of Management Services
676	and the Department of Transportation are authorized to adopt
677	rules for the terms and conditions and granting of any such
678	leases.
679	(h)  Any person adversely affected by any action or failure
680	to act by a local government which is inconsistent with this
681	subsection may bring an action in a court of competent
682	jurisdiction within 30 days after the action or the failure to
683	act. The court shall consider the matter on an expedited basis.
684	(f)  Any wireless telephone service provider may report to
685	the board no later than September 1, 2003, the specific
686	locations or general areas within a county or municipality where
687	the provider has experienced unreasonable delay to locate
688	wireless telecommunications facilities necessary to provide the
689	needed coverage for compliance with federal Phase II E911
690	requirements using its own network. The provider shall also
691	provide this information to the specifically identified county
692	or municipality no later than September 1, 2003. Unless the
693	board receives no report that unreasonable delays have occurred,
694	the board shall, no later than September 30, 2003, establish a
695	subcommittee responsible for developing a balanced approach
696	between the ability of providers to locate wireless facilities
697	necessary to comply with federal Phase II E911 requirements
698	using the carrier's own network and the desire of counties and
699	municipalities to zone and regulate land uses to achieve public
700	welfare goals. If a subcommittee is established, it shall
701	include representatives from the Florida Telecommunications
702	Industry Association, the Florida Association of Counties, and
703	the Florida League of Cities. The subcommittee shall be charged
704	with developing recommendations for the board and any
705	specifically identified municipality or county to consider
706	regarding actions to be taken for compliance for federal Phase
707	II E911 requirements. In the annual report due to the Governor
708	and the Legislature by February 28, 2004, the board shall
709	include any recommendations developed by the subcommittee to
710	address compliance with federal Phase II E911 requirements.
711	Section 4.  Subsections (2) and (3) of section 365.173,
712	Florida Statutes, are amended to read:
713	365.173  Wireless Emergency Telephone System Fund.--
714	(2)  Subject to any modifications approved by the board
715	pursuant to s. 365.172(8)(c), the moneys in the fund shall be
716	distributed and used only as follows:
717	(a)  Forty-four percent of the moneys shall be distributed
718	each month to counties, based on the total number of wireless
719	subscriber billing addresses in each county, for payment of:
720	1.  Recurring costs of providing 911 or E911 service, as
721	provided by s. 365.171(13)(a)6.
722	2.  Costs to comply with the requirements for E911 service
723	contained in the order and any future rules related to the
724	order.
725
726	Any county that receives funds under this paragraph shall
727	establish a fund to be used exclusively for the receipt and
728	expenditure of the revenues collected under this paragraph. All
729	fees placed in the fund and any interest accrued shall be used
730	solely for costs described in subparagraphs 1. and 2. The money
731	collected and interest earned in this fund shall be appropriated
732	for these purposes by the county commissioners and incorporated
733	into the annual county budget. The fund shall be included within
734	the financial audit performed in accordance with s. 218.39. A
735	county may carry forward the, for up to 3 successive calendar
736	years, up to 30 percent of the total funds disbursed to the
737	county by the board during a calendar year for expenditures for
738	capital outlay, capital improvements, or equipment replacement,
739	if the such expenditures are made for the purposes specified in
740	this paragraph.
741	(b)  Fifty-four percent of the moneys shall be distributed
742	in response to sworn invoices submitted to the board by
743	providers to reimburse such providers for the actual costs
744	incurred to provide 911 or E911 service, including the costs of
745	complying with the order. Such costs include costs and expenses
746	incurred by providers to design, purchase, lease, program,
747	install, test, upgrade, operate, and maintain all necessary
748	data, hardware, and software required to provide E911 service.
749	Up to 2 percent of the funds allocated to providers shall be
750	retained by the board to be applied to costs and expenses
751	incurred for the purposes of managing, administering, and
752	overseeing the receipts and disbursements from the fund and
753	other activities as defined in s. 365.172(6). Any funds retained
754	for such purposes in a calendar year which are not applied to
755	such costs and expenses by March 31 of the following year shall
756	be distributed to providers pursuant to this paragraph.
757	Beginning in state fiscal year 2000-2001, each provider shall
758	submit to the board, by August 1 of each year, a detailed
759	estimate of the capital and operating expenses for which it
760	anticipates that it will seek reimbursement under this paragraph
761	during the ensuing state fiscal year. By September 15 of each
762	year, the board shall submit to the Legislature its legislative
763	budget request for funds to be allocated to providers under this
764	paragraph during the ensuing state fiscal year. The budget
765	request shall be based on the information submitted by the
766	providers and estimated surcharge revenues. Distributions of
767	moneys in the fund by the board to providers must be fair and
768	nondiscriminatory. If the total amount of moneys requested by
769	providers pursuant to invoices submitted to the board and
770	approved for payment exceeds the amount in the fund in any
771	month, providers that have invoices approved for payment shall
772	receive a pro rata share of moneys in the fund and the balance
773	of the payments shall be carried over to the following month or
774	months until all of the approved payments are made. The board
775	may adopt rules necessary to address the manner in which pro
776	rata distributions are made when the total amount of funds
777	requested by providers pursuant to invoices submitted to the
778	board exceeds the total amount of moneys on deposit in the fund.
779	(c)  Two percent of the moneys shall be used to make
780	monthly distributions to rural counties for the purpose of
781	providing facilities and network and service enhancements and
782	assistance for the 911 or E911 systems operated by rural
783	counties and for the provision of reimbursable loans and grants
784	by the office to rural counties for upgrading 911 systems.
785
786	The Legislature recognizes that the wireless E911 fee authorized
787	under s. 365.172 will not necessarily provide the total funding
788	required for establishing or providing the 911 service. It is
789	the intent of the Legislature that all revenue from the fee be
790	used as specified in s. 365.171(13)(a)6.
791	(3)  The Auditor General shall annually audit the fund to
792	ensure that moneys in the fund are being managed in accordance
793	with this section and s. 365.172. The Auditor General shall
794	provide a report of the annual audit to the board.
795	Section 5.  Paragraph (a) of subsection (3) of section
796	337.401, Florida Statutes, is amended to read:
797	337.401  Use of right-of-way for utilities subject to
798	regulation; permit; fees.--
799	(3)(a)1.  Because of the unique circumstances applicable to
800	providers of communications services, including, but not limited
801	to, the circumstances described in paragraph (e) and the fact
802	that federal and state law require the nondiscriminatory
803	treatment of providers of telecommunications services, and
804	because of the desire to promote competition among providers of
805	communications services, it is the intent of the Legislature
806	that municipalities and counties treat providers of
807	communications services in a nondiscriminatory and competitively
808	neutral manner when imposing rules or regulations governing the
809	placement or maintenance of communications facilities in the
810	public roads or rights-of-way. Rules or regulations imposed by a
811	municipality or county relating to providers of communications
812	services placing or maintaining communications facilities in its
813	roads or rights-of-way must be generally applicable to all
814	providers of communications services and, notwithstanding any
815	other law, may not require a provider of communications
816	services, except as otherwise provided in subparagraph 2., to
817	apply for or enter into an individual license, franchise, or
818	other agreement with the municipality or county as a condition
819	of placing or maintaining communications facilities in its roads
820	or rights-of-way. In addition to other reasonable rules or
821	regulations that a municipality or county may adopt relating to
822	the placement or maintenance of communications facilities in its
823	roads or rights-of-way under this subsection, a municipality or
824	county may require a provider of communications services that
825	places or seeks to place facilities in its roads or rights-of-
826	way to register with the municipality or county and to provide
827	the name of the registrant; the name, address, and telephone
828	number of a contact person for the registrant; the number of the
829	registrant's current certificate of authorization issued by the
830	Florida Public Service Commission or the Federal Communications
831	Commission; and proof of insurance or self-insuring status
832	adequate to defend and cover claims. Nothing in this
833	subparagraph is intended to limit or expand any existing zoning
834	or land use authority of a municipality or county; however, a
835	municipality or county shall exercise no such zoning or land use
836	authority so as to treat communications services providers in a
837	manner that is competitively neutral and nondiscriminatory in
838	the use of the public road and rights-of-way and may not require
839	an individual license, franchise, or other agreement as
840	prohibited by this subparagraph.
841	2.  Notwithstanding the provisions of subparagraph 1., a
842	municipality or county may, as provided by 47 U.S.C. s. 541,
843	award one or more franchises within its jurisdiction for the
844	provision of cable service, and a provider of cable service
845	shall not provide cable service without such franchise. Each
846	municipality and county retains authority to negotiate all terms
847	and conditions of a cable service franchise allowed by federal
848	law and s. 166.046, except those terms and conditions related to
849	franchise fees and the definition of gross revenues or other
850	definitions or methodologies related to the payment or
851	assessment of franchise fees and permit fees as provided in
852	paragraph (c) on providers of cable services. A municipality or
853	county may exercise its right to require from providers of cable
854	service in-kind requirements, including, but not limited to,
855	institutional networks, and contributions for, or in support of,
856	the use or construction of public, educational, or governmental
857	access facilities to the extent permitted by federal law. A
858	provider of cable service may exercise its right to recover any
859	such expenses associated with such in-kind requirements, to the
860	extent permitted by federal law.
861	Section 6.  This act shall take effect July 1, 2005.

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