HB 0305

CS

CHAMBER ACTION

1	The Utilities & Telecommunications Committee recommends the
2	following:
3
4	Council/Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to the wireless emergency telephone
8	system; amending s. 11.45, F.S.; removing the annual audit
9	of the Wireless Emergency Telephone System Fund from the
10	duties of the Auditor General; amending s. 364.02, F.S.;
11	revising fee schedules for providers of interexchange
12	telecommunications services; amending s. 365.171, F.S.;
13	revising provisions for certain nonemergency telephone
14	number pilot projects; amending s. 365.172, F.S.; limiting
15	application of definitions; adding definitions relating to
16	wireless telephone communications; revising duties of the
17	Wireless 911 Board; providing for grants and loans to
18	certain counties for the purpose of upgrading E911
19	systems; authorizing the hiring of an executive director
20	and an independent, private attorney; specifying that
21	state and local governments are not customers under
22	provisions for the wireless E911 monthly fee; revising
23	timeframe to reduce the amount of the fee or for
24	reallocation of moneys collected for the fee; providing
25	legislative intent regarding the emergency wireless
26	telephone system; providing standards for local
27	governments to follow when regulating the placement,
28	construction, or modification of a wireless communications
29	facility; directing local governments to grant or deny
30	properly completed applications within specified time
31	periods; providing criteria and procedures for local
32	approval of an application by a provider of wireless
33	communications services; authorizing the local government
34	to impose an application fee; directing local governments
35	to notify a provider in writing of the deficiencies in an
36	application; directing local governments to notify a
37	provider in writing whether the resubmission of
38	information properly completes the application; permitting
39	local governments to continue requesting information until
40	the application deficiencies are cured; providing for a
41	limited review by a local government of an accessory
42	wireless communications facility; prohibiting local
43	governments from imposing certain restrictions on wireless
44	communications facilities; providing that an action
45	brought by a person adversely affected by a decision of a
46	local government relating to a wireless communications
47	facility shall be considered on an expedited basis;
48	removing certain complaint procedures; amending s.
49	365.173, F.S.; directing how a county may use funds
50	derived from the E911 fee; requiring the board of county
51	commissioners to appropriate the funds to the proper uses;
52	removing the requirement that the Auditor General annually
53	audit the E911 fund; amending s. 337.401, F.S.; revising
54	provisions relating to use of right-of-way for utilities
55	subject to regulation to remove certain application
56	provisions; providing an effective date.
57
58	Be It Enacted by the Legislature of the State of Florida:
59
60	Section 1.  Subsection (2) of section 11.45, Florida
61	Statutes, is amended to read:
62	11.45  Definitions; duties; authorities; reports; rules.--
63	(2)  DUTIES.--The Auditor General shall:
64	(a)  Conduct audits of records and perform related duties
65	as prescribed by law, concurrent resolution of the Legislature,
66	or as directed by the Legislative Auditing Committee.
67	(b)  Annually conduct a financial audit of state
68	government.
69	(c)  Annually conduct financial audits of all universities
70	and district boards of trustees of community colleges.
71	(d)  Annually conduct financial audits of the accounts and
72	records of all district school boards in counties with
73	populations of fewer than 150,000, according to the most recent
74	federal decennial statewide census.
75	(e)  Annually conduct an audit of the Wireless Emergency
76	Telephone System Fund as described in s. 365.173.
77	(e)(f)  Annually conduct audits of the accounts and records
78	of the Florida School for the Deaf and the Blind.
79	(f)(g)  At least every 2 years, conduct operational audits
80	of the accounts and records of state agencies and universities.
81	In connection with these audits, the Auditor General shall give
82	appropriate consideration to reports issued by state agencies'
83	inspectors general or universities' inspectors general and the
84	resolution of findings therein.
85	(g)(h)  At least every 2 years, conduct a performance audit
86	of the local government financial reporting system, which, for
87	the purpose of this chapter, means any statutory provisions
88	related to local government financial reporting. The purpose of
89	such an audit is to determine the accuracy, efficiency, and
90	effectiveness of the reporting system in achieving its goals and
91	to make recommendations to the local governments, the Governor,
92	and the Legislature as to how the reporting system can be
93	improved and how program costs can be reduced. The Auditor
94	General shall determine the scope of such audits. The local
95	government financial reporting system should provide for the
96	timely, accurate, uniform, and cost-effective accumulation of
97	financial and other information that can be used by the members
98	of the Legislature and other appropriate officials to accomplish
99	the following goals:
100	1.  Enhance citizen participation in local government;
101	2.  Improve the financial condition of local governments;
102	3.  Provide essential government services in an efficient
103	and effective manner; and
104	4.  Improve decisionmaking on the part of the Legislature,
105	state agencies, and local government officials on matters
106	relating to local government.
107	(h)(i)  Once every 3 years, conduct performance audits of
108	the Department of Revenue's administration of the ad valorem tax
109	laws as described in s. 195.096.
110	(i)(j)  Once every 3 years, conduct financial audits of the
111	accounts and records of all district school boards in counties
112	with populations of 125,000 or more, according to the most
113	recent federal decennial statewide census.
114	(j)(k)  Once every 3 years, review a sample of each state
115	agency's internal audit reports to determine compliance with
116	current Standards for the Professional Practice of Internal
117	Auditing or, if appropriate, government auditing standards.
118	(k)(l)  Conduct audits of local governmental entities when
119	determined to be necessary by the Auditor General, when directed
120	by the Legislative Auditing Committee, or when otherwise
121	required by law. No later than 18 months after the release of
122	the audit report, the Auditor General shall perform such
123	appropriate followup procedures as he or she deems necessary to
124	determine the audited entity's progress in addressing the
125	findings and recommendations contained within the Auditor
126	General's previous report. The Auditor General shall provide a
127	copy of his or her determination to each member of the audited
128	entity's governing body and to the Legislative Auditing
129	Committee.
130
131	The Auditor General shall perform his or her duties
132	independently but under the general policies established by the
133	Legislative Auditing Committee. This subsection does not limit
134	the Auditor General's discretionary authority to conduct other
135	audits or engagements of governmental entities as authorized in
136	subsection (3).
137	Section 2.  Subsection (13) of section 364.02, Florida
138	Statutes, is amended to read:
139	364.02  Definitions.--As used in this chapter:
140	(13)  "Telecommunications company" includes every
141	corporation, partnership, and person and their lessees,
142	trustees, or receivers appointed by any court whatsoever, and
143	every political subdivision in the state, offering two-way
144	telecommunications service to the public for hire within this
145	state by the use of a telecommunications facility. The term
146	"telecommunications company" does not include:
147	(a)  An entity which provides a telecommunications facility
148	exclusively to a certificated telecommunications company;
149	(b)  An entity which provides a telecommunications facility
150	exclusively to a company which is excluded from the definition
151	of a telecommunications company under this subsection;
152	(c)  A commercial mobile radio service provider;
153	(d)  A facsimile transmission service;
154	(e)  A private computer data network company not offering
155	service to the public for hire;
156	(f)  A cable television company providing cable service as
157	defined in 47 U.S.C. s. 522; or
158	(g)  An intrastate interexchange telecommunications
159	company.
160
161	However, each commercial mobile radio service provider and each
162	intrastate interexchange telecommunications company shall
163	continue to be liable for any taxes imposed under pursuant to
164	chapters 202, 203 and 212 and any fees assessed under s.
165	pursuant to ss. 364.025 and 364.336. Each intrastate
166	interexchange telecommunications company shall continue to be
167	subject to ss. 364.04, 364.10(3)(a) and (d), 364.163, 364.285,
168	364.336, 364.501, 364.603, and 364.604, shall provide the
169	commission with the such current information as the commission
170	deems necessary to contact and communicate with the company,
171	shall continue to pay intrastate switched network access rates
172	or other intercarrier compensation to the local exchange
173	telecommunications company or the competitive local exchange
174	telecommunications company for the origination and termination
175	of interexchange telecommunications service, and shall reduce
176	its intrastate long distance toll rates in accordance with s.
177	364.163(2).
178	Section 3.  Paragraph (a) of subsection (13) of section
179	365.171, Florida Statutes, is amended to read:
180	365.171  Emergency telephone number "911."--
181	(13)  "911" FEE.--
182	(a)  Following approval by referendum as set forth in
183	paragraph (b), or following approval by a majority vote of its
184	board of county commissioners, a county may impose a "911" fee
185	to be paid by the local exchange subscribers within its
186	boundaries served by the "911" service. Proceeds from the "911"
187	fee shall be used only for "911" expenditures as set forth in
188	subparagraph 6. The manner of imposing and collecting said
189	payment shall be as follows:
190	1.  At the request of the county subscribing to "911"
191	service, the telephone company shall, insofar as is practicable,
192	bill the "911" fee to the local exchange subscribers served by
193	the "911" service, on an individual access line basis, at a rate
194	not to exceed 50 cents per month per line (up to a maximum of 25
195	access lines per account bill rendered). However, the fee may
196	not be assessed on any pay telephone in this state. A county
197	collecting the fee for the first time may collect the fee for no
198	longer than 36 months without initiating the acquisition of its
199	"911" equipment.
200	2.  Fees collected by the telephone company pursuant to
201	subparagraph 1. shall be returned to the county, less the costs
202	of administration retained pursuant to paragraph (c). The county
203	shall provide a minimum of 90 days' written notice to the
204	telephone company prior to the collection of any "911" fees.
205	3.  Any county that currently has an operational "911"
206	system or that is actively pursuing the implementation of a
207	"911" system shall establish a fund to be used exclusively for
208	receipt and expenditure of "911" fee revenues collected pursuant
209	to this section. All fees placed in said fund, and any interest
210	accrued thereupon, shall be used solely for "911" costs
211	described in subparagraph 6. The money collected and interest
212	earned in this fund shall be appropriated for "911" purposes by
213	the county commissioners and incorporated into the annual county
214	budget. Such fund shall be included within the financial audit
215	performed in accordance with s. 218.39. A report of the audit
216	shall be forwarded to the office within 60 days of its
217	completion. A county may carry forward on an annual basis
218	unspent moneys in the fund for expenditures allowed by this
219	section, or it may reduce its fee. However, in no event shall a
220	county carry forward more than 10 percent of the "911" fee
221	billed for the prior year. The amount of moneys carried forward
222	each year may be accumulated in order to allow for capital
223	improvements described in this subsection. The carryover shall
224	be documented by resolution of the board of county commissioners
225	expressing the purpose of the carryover or by an adopted capital
226	improvement program identifying projected expansion or
227	replacement expenditures for "911" equipment and service
228	features, or both. In no event shall the "911" fee carryover
229	surplus moneys be used for any purpose other than for the "911"
230	equipment, service features, and installation charges authorized
231	in subparagraph 6. Nothing in this section shall prohibit a
232	county from using other sources of revenue for improvements,
233	replacements, or expansions of its "911" system. A county may
234	increase its fee for purposes authorized in this section.
235	However, in no case shall the fee exceed 50 cents per month per
236	line. All current "911" fees shall be reported to the office
237	within 30 days of the start of each county's fiscal period. Any
238	fee adjustment made by a county shall be reported to the office.
239	A county shall give the telephone company a 90-day written
240	notice of such fee adjustment.
241	4.  The telephone company shall have no obligation to take
242	any legal action to enforce collection of the "911" fee. The
243	telephone company shall provide quarterly to the county a list
244	of the names, addresses, and telephone numbers of any and all
245	subscribers who have identified to the telephone company their
246	refusal to pay the "911" fee.
247	5.  The county subscribing to "911" service shall remain
248	liable to the telephone company for any "911" service,
249	equipment, operation, or maintenance charge owed by the county
250	to the telephone company.
251
252	As used in this paragraph, "telephone company" means an exchange
253	telephone service provider of "911" service or equipment to any
254	county within its certificated area.
255	6.  It is the intent of the Legislature that the "911" fee
256	authorized by this section to be imposed by counties will not
257	necessarily provide the total funding required for establishing
258	or providing the "911" service. For purposes of this section,
259	"911" service includes the functions of database management,
260	call taking, location verification, and call transfer. The
261	following costs directly attributable to the establishment
262	and/or provision of "911" service are eligible for expenditure
263	of moneys derived from imposition of the "911" fee authorized by
264	this section: the acquisition, implementation, and maintenance
265	of Public Safety Answering Point (PSAP) equipment and "911"
266	service features, as defined in the Florida Public Service
267	Commission's lawfully approved "911" and related tariffs and/or
268	the acquisition, installation, and maintenance of other "911"
269	equipment, including call answering equipment, call transfer
270	equipment, ANI controllers, ALI controllers, ANI displays, ALI
271	displays, station instruments, "911" telecommunications systems,
272	teleprinters, logging recorders, instant playback recorders,
273	telephone devices for the deaf (TDD) used in the "911" system,
274	PSAP backup power systems, consoles, automatic call
275	distributors, and interfaces (hardware and software) for
276	computer-aided dispatch (CAD) systems; salary and associated
277	expenses for "911" call takers for that portion of their time
278	spent taking and transferring "911" calls; salary and associated
279	expenses for a county to employ a full-time equivalent "911"
280	coordinator position and a full-time equivalent staff assistant
281	position per county for the portion of their time spent
282	administrating the "911" system; training costs for PSAP call
283	takers in the proper methods and techniques used in taking and
284	transferring "911" calls; and expenses required to develop and
285	maintain all information (ALI and ANI databases and other
286	information source repositories) necessary to properly inform
287	call takers as to location address, type of emergency, and other
288	information directly relevant to the "911" call-taking and
289	transferring function; and, in a county defined in s.
290	125.011(1), such expenses related to a nonemergency "311"
291	system, or similar nonemergency system, which improves the
292	overall efficiency of an existing "911" system or reduces "911"
293	emergency response time for a 2-year pilot project that ends
294	June 30, 2003. However, No wireless telephone service provider
295	shall be required to participate in any this pilot project or to
296	otherwise implement a nonemergency "311" system or similar
297	nonemergency system. The "911" fee revenues shall not be used to
298	pay for any item not listed, including, but not limited to, any
299	capital or operational costs for emergency responses which occur
300	after the call transfer to the responding public safety entity
301	and the costs for constructing buildings, leasing buildings,
302	maintaining buildings, or renovating buildings, except for those
303	building modifications necessary to maintain the security and
304	environmental integrity of the PSAP and "911" equipment rooms.
305	7.  It is the goal of the Legislature that enhanced "911"
306	service be available throughout the state. Expenditure by
307	counties of the "911" fees authorized by this section should
308	support this goal to the greatest extent feasible within the
309	context of local service needs and fiscal capability. Nothing in
310	this section shall be construed to prohibit two or more counties
311	from establishing a combined emergency "911" telephone service
312	by interlocal agreement and utilizing the "911" fees authorized
313	by this section for such combined "911" service.
314	Section 4.  Subsections (3), (6), and (11) and paragraphs
315	(a) and (c) of subsection (8) of section 365.172, Florida
316	Statutes, are amended to read:
317	365.172  Wireless emergency telephone number "E911."--
318	(3)  DEFINITIONS.--Only as used in this section and ss.
319	365.173 and 365.174, the term:
320	(a)  "Active prepaid wireless telephone" means a prepaid
321	wireless telephone that has been used by the customer during the
322	month to complete a telephone call for which the customer's card
323	or balance was decremented.
324	(b)  "Answering point" means the public safety agency that
325	receives incoming 911 calls and dispatches appropriate public
326	safety agencies to respond to the such calls.
327	(c)  "Automatic location identification" means the
328	capability of the E911 service which enables the automatic
329	display of information that defines the approximate geographic
330	location of the wireless telephone used to place a 911 call.
331	(d)  "Automatic number identification" means the capability
332	of the E911 service which enables the automatic display of the
333	10-digit service number used to place a 911 call.
334	(e)  "Board" means the board of directors of the Wireless
335	911 Board.
336	(f)  "Building-permit review" means a review for compliance
337	with building construction standards adopted by the local
338	government under chapter 553 and does not include a review for
339	compliance with land development regulations. "Office" means the
340	State Technology Office.
341	(g)  "Collocation" means the situation when a second or
342	subsequent wireless provider uses an existing structure to
343	locate a second or subsequent antennae. The term includes the
344	ground, platform, or roof installation of equipment enclosures,
345	cabinets, or buildings, and cables, brackets, and other
346	equipment associated with the location and operation of the
347	antennae.
348	(h)  "Designed service" means the configuration and manner
349	of deployment of service the wireless provider has designed for
350	an area as part of its network.
351	(i)(g)  "E911" is the designation for a wireless enhanced
352	911 system or wireless enhanced 911 service that is an emergency
353	telephone system or service that provides a subscriber with
354	wireless 911 service and, in addition, directs 911 calls to
355	appropriate public safety answering points by selective routing
356	based on the geographical location from which the call
357	originated, or as otherwise provided in the state plan under s.
358	365.171, and that provides for automatic number identification
359	and automatic location-identification features in accordance
360	with the requirements of the order.
361	(j)  "Existing structure" means a structure that exists at
362	the time an application for permission to place antennae on a
363	structure is filed with a local government. The term includes
364	any structure that can structurally support the attachment of
365	antennae in compliance with applicable codes.
366	(k)(h)  "Fee" means the E911 fee imposed under subsection
367	(8).
368	(l)(i)  "Fund" means the Wireless Emergency Telephone
369	System Fund established in s. 365.173 and maintained under this
370	section for the purpose of recovering the costs associated with
371	providing 911 service or E911 service, including the costs of
372	implementing the order.
373	(m)  "Historic building, structure, site, object, or
374	district" means any building, structure, site, object, or
375	district that has been officially designated as a historic
376	building, historic structure, historic site, historic object, or
377	historic district through a federal, state, or local designation
378	program.
379	(n)  "Land development regulations" means any ordinance
380	enacted by a local government for the regulation of any aspect
381	of development, including an ordinance governing zoning,
382	subdivisions, landscaping, tree protection, or signs, the local
383	government's comprehensive plan, or any other ordinance
384	concerning any aspect of the development of land. The term does
385	not include any building construction standard adopted under and
386	in compliance with chapter 553.
387	(o)(j)  "Local exchange carrier" means a "competitive local
388	exchange telecommunications company" or a "local exchange
389	telecommunications company" as defined in s. 364.02.
390	(p)(k)  "Local government" means any municipality, county,
391	or political subdivision or agency of a municipality, county, or
392	political subdivision.
393	(q)  "Medium county" means any county that has a population
394	of 75,000 or more but less than 750,000.
395	(r)(l)  "Mobile telephone number" or "MTN" means the
396	telephone number assigned to a wireless telephone at the time of
397	initial activation.
398	(s)  "Office" means the State Technology Office.
399	(t)(m)  "Order" means:
400	1.  The following orders and rules of the Federal
401	Communications Commission issued in FCC Docket No. 94-102:
402	a.  Order adopted on June 12, 1996, with an effective date
403	of October 1, 1996, the amendments to s. 20.03 and the creation
404	of s. 20.18 of Title 47 of the Code of Federal Regulations
405	adopted by the Federal Communications Commission pursuant to
406	such order.
407	b.  Memorandum and Order No. FCC 97-402 adopted on December
408	23, 1997.
409	c.  Order No. FCC DA 98-2323 adopted on November 13, 1998.
410	d.  Order No. FCC 98-345 adopted December 31, 1998.
411	2.  Orders and rules subsequently adopted by the Federal
412	Communications Commission relating to the provision of wireless
413	911 services.
414	(u)(o)  "Prepaid wireless telephone service" means wireless
415	telephone service that is activated in advance by payment for a
416	finite dollar amount of service or for a finite set of minutes
417	that terminate either upon use by a customer and delivery by the
418	wireless provider of an agreed-upon amount of service
419	corresponding to the total dollar amount paid in advance or
420	within a certain period of time following the initial purchase
421	or activation, unless additional payments are made.
422	(v)(n)  "Provider" or "wireless provider" means a person
423	or entity who provides service and either:
424	1.  Is subject to the requirements of the order; or
425	2.  Elects to provide wireless 911 service or E911 service
426	in this state.
427	(w)(p)  "Public agency" means the state and any
428	municipality, county, municipal corporation, or other
429	governmental entity, public district, or public authority
430	located in whole or in part within this state which provides, or
431	has authority to provide, firefighting, law enforcement,
432	ambulance, medical, or other emergency services.
433	(x)(q)  "Public safety agency" means a functional division
434	of a public agency which provides firefighting, law enforcement,
435	medical, or other emergency services.
436	(y)(r)  "Rural county" means any county that has a
437	population of fewer than 75,000.
438	(z)(s)  "Service" means "commercial mobile radio service"
439	as provided under ss. 3(27) and 332(d) of the Federal
440	Telecommunications Act of 1996, 47 U.S.C., ss. 151 et seq., and
441	the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-
442	66, August 10, 1993, 107 Stat. 312. The term "service" includes
443	the term "wireless" and service provided by any wireless real-
444	time two-way wire communication device, including radio-
445	telephone communications used in cellular telephone service;
446	personal communications service; or the functional or
447	competitive equivalent of a radio-telephone communications line
448	used in cellular telephone service, a personal communications
449	service, or a network radio access line. The term does not
450	include wireless providers that offer mainly dispatch service in
451	a more localized, noncellular configuration; providers offering
452	only data, one-way, or stored-voice services on an
453	interconnected basis; providers of air-to-ground services; or
454	public coast stations.
455	(aa)(t)  "Service number" means the unique 10-digit
456	wireless telephone number assigned to a service subscriber.
457	(bb)(u)  "Sufficient positive balance" means a dollar
458	amount greater than or equal to the monthly wireless surcharge
459	amount.
460	(cc)  "Tower" means any structure designed primarily to
461	support a wireless provider's antennae.
462	(dd)  "Wireless communications facility" means any
463	equipment or facility used to provide service and may include,
464	but is not limited to, antennae, towers, equipment enclosures,
465	cabling, antenna brackets, and other such equipment. Placing a
466	wireless communications facility on an existing structure does
467	not cause the existing structure to become a wireless
468	communications facility.
469	(ee)(v)  "Wireless 911 system" or "wireless 911 service"
470	means an emergency telephone system or service that provides a
471	subscriber with the ability to reach an answering point by
472	dialing the digits "911." A wireless 911 system is complementary
473	to a wired 911 system as provided for in s. 365.171.
474	(6)  AUTHORITY OF THE BOARD; ANNUAL REPORT.--
475	(a)  The board shall:
476	1.  Administer the E911 fee.
477	2.  Implement, maintain, and oversee the fund.
478	3.  Review and oversee the disbursement of the revenues
479	deposited into the fund as provided in s. 365.173. The board may
480	establish a schedule for implementing wireless E911 service by
481	service area, and prioritize disbursements of revenues from the
482	fund to providers and rural counties as provided in s.
483	365.173(2)(b) and (c) pursuant to the schedule, in order to
484	implement E911 services in the most efficient and cost-effective
485	manner. Revenues collected and deposited into the fund for
486	distribution as provided in s. 365.173(2)(b), but which have not
487	been disbursed because sworn invoices as required by
488	365.173(2)(b) have not been submitted to the board, may be
489	utilized by the board as needed to provide grants to rural
490	counties and loans to medium counties for the purpose of
491	upgrading E911 systems. Grants provided to rural counties would
492	be in addition to disbursements provided under s. 365.173(2)(c).
493	Loans provided to medium counties shall be based on county
494	hardship criteria as determined and approved by the board.
495	Revenues utilized for this purpose shall be fully repaid to the
496	fund in a manner and under a timeframe as determined and
497	approved by the board. The board shall take all actions within
498	its authority to ensure that county recipients of such grants
499	and loans utilize these funds only for the purpose under which
500	they have been provided and may take any actions within its
501	authority to secure county repayment of grant and loan revenues
502	upon determination that the funds were not utilized for the
503	purpose under which they were provided.
504	4.  Review documentation submitted by providers which
505	reflects current and projected funds derived from the E911 fee,
506	and the expenses incurred and expected to be incurred, in order
507	to comply with the E911 service requirements contained in the
508	order for the purposes of:
509	a.  Ensuring that providers receive fair and equitable
510	distributions of funds from the fund.
511	b.  Ensuring that providers are not provided disbursements
512	from the fund which exceed the costs of providing E911 service,
513	including the costs of complying with the order.
514	c.  Ascertaining the projected costs of compliance with the
515	requirements of the order and projected collections of the E911
516	fee.
517	d.  Implementing changes to the allocation percentages or
518	reducing the E911 fee under paragraph (8)(c).
519	5.  Review and approve or reject, in whole or in part,
520	applications submitted by providers for recovery of moneys
521	deposited into the fund.
522	6.  Hire and retain employees, which may include an
523	independent executive director who shall possess experience in
524	the area of telecommunications and emergency 911 issues, for the
525	purposes of performing the technical and administrative
526	functions for the board.
527	7.  Make and enter into contracts, pursuant to chapter 287,
528	and execute other instruments necessary or convenient for the
529	exercise of the powers and functions of the board.
530	8.  Take all necessary and reasonable steps by July 1,
531	2000, to secure appropriate information and reports from
532	providers and otherwise perform all of the functions that would
533	be performed by an independent accounting firm prior to
534	completing the request-for-proposals process under subsection
535	(7).
536	9.  Sue and be sued, and appear and defend in all actions
537	and proceedings, in its corporate name to the same extent as a
538	natural person.
539	10.  Adopt, use, and alter a common corporate seal.
540	11.  Elect or appoint the officers and agents that are
541	required by the affairs of the board.
542	12.  The board may adopt rules under ss. 120.536(1) and
543	120.54 to implement this section and ss. 365.173 and 365.174.
544	13.  Provide coordination, support, and technical
545	assistance to counties to promote the deployment of advanced 911
546	and E911 systems in the state.
547	14.  Provide coordination and support for educational
548	opportunities related to 911 issues for the 911 community in
549	this state.
550	15.  Act as an advocate for issues related to 911 system
551	functions, features, and operations to improve the delivery of
552	911 services to the residents of and visitors to this state.
553	16.  Coordinate input from this state at national forums
554	and associations, to ensure that policies related to 911 systems
555	and services are consistent with the policies of the 911
556	community in this state.
557	17.  Work cooperatively with the system director
558	established in s. 365.171(5) to enhance the state of 911
559	services in this state and to provide unified leadership for all
560	911 issues through planning and coordination.
561	18.  Do all acts and things necessary or convenient to
562	carry out the powers granted in this section, including but not
563	limited to, consideration of emerging technology and related
564	cost savings.
565	19.  Have the authority to secure the services of an
566	independent, private attorney via invitation to bid, request for
567	proposals, invitation to negotiate, or professional contracts
568	for legal services already established at the Division of
569	Purchasing of the Department of Management Services.
570	(b)  Board members shall serve without compensation;
571	however, members are entitled to per diem and travel expenses as
572	provided in s. 112.061.
573	(c)  By February 28 of each year, the board shall prepare a
574	report for submission by the office to the Governor, the
575	President of the Senate, and the Speaker of the House of
576	Representatives which reflects, for the immediately preceding
577	calendar year, the quarterly and annual receipts and
578	disbursements of moneys in the fund, the purposes for which
579	disbursements of moneys from the fund have been made, and the
580	availability and status of implementation of E911 service in
581	this state.
582	(d)  By February 28, 2001, the board shall undertake and
583	complete a study for submission by the office to the Governor,
584	the President of the Senate, and the Speaker of the House of
585	Representatives which addresses:
586	1.  The total amount of E911 fee revenues collected by each
587	provider, the total amount of expenses incurred by each provider
588	to comply with the order, and the amount of moneys on deposit in
589	the fund, all as of December 1, 2000.
590	2.  Whether the amount of the E911 fee and the allocation
591	percentages set forth in s. 365.173 should be adjusted to comply
592	with the requirements of the order, and, if so, a recommended
593	adjustment to the E911 fee.
594	3.  Any other issues related to providing wireless E911
595	services.
596	(8)  WIRELESS E911 FEE.--
597	(a)  Each home service provider shall collect a monthly fee
598	imposed on each customer whose place of primary use is within
599	this state. For purposes of this section, the state and local
600	governments are not customers. The rate of the fee shall be 50
601	cents per month per each service number, beginning August 1,
602	1999. The fee shall apply uniformly and be imposed throughout
603	the state.
604	(c)  After July 1, 2001, the board may adjust the
605	allocation percentages provided in s. 365.173 or reduce the
606	amount of the fee, or both, if necessary to ensure full cost
607	recovery or prevent overrecovery of costs incurred in the
608	provision of E911 service, including costs incurred or projected
609	to be incurred to comply with the order. Any new allocation
610	percentages or reduced fee may not be adjusted for 1 year 2
611	years. The fee may not exceed 50 cents per month per each
612	service number.
613	(11)  FACILITATING E911 SERVICE IMPLEMENTATION.--To balance
614	the public need for reliable E911 services through reliable
615	wireless systems and the public interest served by governmental
616	zoning and land development regulations and notwithstanding any
617	other law or local ordinance to the contrary, the following
618	standards shall apply to a local government's actions, as a
619	regulatory body, in the regulation of the placement,
620	construction, or modification of a wireless communications
621	facility. For the purposes of this subsection only, "local
622	government" shall mean any municipality or county and any agency
623	of a municipality or county only. The term "local government"
624	does not, however, include any airport, as defined by s.
625	330.27(2), even if it is owned or controlled by or through a
626	municipality, county, or agency of a municipality or county.
627	Further, notwithstanding anything in this section to the
628	contrary, this subsection does not apply to or control a local
629	government's actions as a property or structure owner in the use
630	of any property or structure owned by such entity for the
631	placement, construction, or modification of wireless
632	communications facilities. In the use of property or structures
633	owned by the local government, however, a local government may
634	not use its regulatory authority so as to avoid compliance with,
635	or in a manner that does not advance, the provisions of this
636	subsection.:
637	(a)  Collocation Colocation among wireless telephone
638	service providers is encouraged by the state. To further
639	facilitate agreements among providers for colocation of their
640	facilities, any antennae and related equipment to service the
641	antennae that is being colocated on an existing above-ground
642	structure is not subject to land development regulation pursuant
643	to s. 163.3202, provided the height of the existing structure is
644	not increased. However, construction of the antennae and related
645	equipment is subject to local building regulations and any
646	existing permits or agreements for such property, buildings, or
647	structures.
648	1.a.  Collocations on towers, including nonconforming
649	towers, that meet the requirements in sub-sub-subparagraphs (I),
650	(II), and (III), are subject to only building-permit review
651	which may include a review for compliance with this
652	subparagraph. Such collocations are not subject to any design or
653	placement requirements of the local government's land
654	development regulations in effect at the time of the collocation
655	that are more restrictive than those in effect at the time of
656	the initial antennae placement approval, to any other portion of
657	the land development regulations, or to public hearing or public
658	input review.
659	(I)  The collocation does not increase the height of the
660	tower to which the antennae are to be attached, measured to the
661	highest point of any part of the tower or any existing antenna
662	attached to the tower;
663	(II)  The collocation does not increase the ground space
664	area, commonly known as the compound, approved in the site plan
665	for equipment enclosures and ancillary facilities; and
666	(III)  The collocation consists of antennae, equipment
667	enclosures, and ancillary facilities that are of a design and
668	configuration consistent with all applicable regulations,
669	restrictions, or conditions, if any, applied to the initial
670	antennae placed on the tower and to its accompanying equipment
671	enclosures and ancillary facilities and, if applicable, applied
672	to the tower supporting the antennae. Such regulations may
673	include the design and aesthetic requirements, but not
674	procedural requirements, other than those authorized by this
675	section, of the local government's land development regulations
676	in effect at the time the initial antennae placement was
677	approved.
678	b.  Except for a historic building, structure, site,
679	object, or district, or a tower included in sub-subparagraph a.,
680	collocations on all other existing structures that meet the
681	requirements in sub-sub-subparagraphs (I)-(IV) shall be subject
682	to no more than building-permit review, and an administrative
683	review for compliance with this subparagraph. Such collocations
684	are not subject to any portion of the local government's land
685	development regulations not addressed herein, or to public
686	hearing or public input review.
687	(I)  The collocation does not increase the height of the
688	existing structure to which the antennae are to be attached,
689	measured to the highest point of any part of the structure or
690	any existing antenna attached to the structure;
691	(II)  The collocation does not increase the ground space
692	area, otherwise known as the compound, if any, approved in the
693	site plan for equipment enclosures and ancillary facilities;
694	(III)  The collocation consists of antennae, equipment
695	enclosures, and ancillary facilities that are of a design and
696	configuration consistent with any applicable structural or
697	aesthetic design requirements and any requirements for location
698	on the structure, but not prohibitions or restrictions on the
699	placement of additional collocations on the existing structure
700	or procedural requirements, other than those authorized by this
701	section, of the local government's land development regulations
702	in effect at the time of the collocation application; and
703	(IV)  The collocation consists of antennae, equipment
704	enclosures, and ancillary facilities that are of a design and
705	configuration consistent with all applicable restrictions or
706	conditions, if any, that do not conflict with sub-sub-
707	subparagraph (III) and were applied to the initial antennae
708	placed on the structure and to its accompanying equipment
709	enclosures and ancillary facilities and, if applicable, applied
710	to the structure supporting the antennae.
711	c.  Regulations, restrictions, conditions, or permits of
712	the local government, acting in its regulatory capacity, that
713	limit the number of collocations or require review processes
714	inconsistent with this subsection shall not apply to
715	collocations addressed in this subparagraph.
716	d.  If only a portion of the collocation does not meet the
717	requirements of this subparagraph, such as an increase in the
718	height of the proposed antennae over the existing structure
719	height or a proposal to expand the ground space approved in the
720	site plan for the equipment enclosure, where all other portions
721	of the collocation meet the requirements of this subparagraph,
722	that portion of the collocation only may be reviewed under the
723	local government's regulations applicable to an initial
724	placement of that portion of the facility, including, but not
725	limited to, its land development regulations, and within the
726	review timeframes of subparagraph (d)2., and the rest of the
727	collocation shall be reviewed in accordance with this
728	subparagraph. A collocation proposal under this subparagraph
729	that increases the ground space area, otherwise known as the
730	compound, approved in the original site plan for equipment
731	enclosures and ancillary facilities by no more than a cumulative
732	amount of 400 square feet or 50 percent of the original compound
733	size, whichever is greater, shall, however, require no more than
734	administrative review for compliance with the local government's
735	regulations, including, but not limited to, land development
736	regulations review, and building-permit review, with no public
737	hearing or public input review.
738	2.  If a collocation does not meet the requirements of
739	subparagraph 1., the local government may review the application
740	under the local government's regulations, including, but not
741	limited to, land development regulations, applicable to the
742	placement of an initial antennae and its accompanying equipment
743	enclosure and ancillary facilities.
744	3.  If a collocation meets the requirements of subparagraph
745	1., the collocation shall not be considered a modification to an
746	existing structure or an impermissible modification of a
747	nonconforming structure.
748	4.  The Nothing herein shall relieve the permitholder for
749	or owner of the existing tower on which the proposed antennae
750	are to be collocated shall remain responsible for structure of
751	compliance with any applicable condition or requirement of a
752	permit, or agreement, or any applicable condition or requirement
753	of the land development regulations regulation to which the
754	existing tower had to comply at the time the tower was
755	permitted, including any aesthetic requirements, provided the
756	condition or requirement is not inconsistent with this paragraph
757	or law.
758	5.  An existing tower, including a nonconforming tower, may
759	be structurally modified in order to permit collocation or may
760	be replaced through no more than administrative review, with no
761	public hearing or public input review, and building-permit
762	review if the overall height of the tower is not increased and,
763	if a replacement, the replacement tower is a monopole tower or,
764	if the existing tower is a camouflaged tower, the replacement
765	tower is a like-camouflaged tower.
766	(b)1.  A local government's land development and
767	construction regulations for wireless communications facilities
768	and the local government's review of an application for the
769	placement, construction, or modification of a wireless
770	communications facility shall only address land development or
771	zoning issues. In such local government regulations or review,
772	the local government may not require information on or evaluate
773	a wireless provider's business decisions about its service,
774	customer demand for its service, or quality of its service to or
775	from a particular area or site, unless the wireless provider
776	voluntarily offers this information to the local government. In
777	such local government regulations or review, a local government
778	may not require information on or evaluate the wireless
779	provider's designed service unless the information or materials
780	are directly related to an identified land development or zoning
781	issue or unless the wireless provider voluntarily offers the
782	information. Information or materials directly related to an
783	identified land development or zoning issue may include, but are
784	not limited to, evidence that no existing structure can
785	reasonably be used for the antennae placement instead of the
786	construction of a new tower, that residential areas cannot be
787	served from outside the residential area, as addressed in
788	subparagraph 3., or that the proposed height of a new tower or
789	initial antennae placement or a proposed height increase of a
790	modified tower, replacement tower, or collocation is necessary
791	to provide the provider's designed service. Nothing in this
792	paragraph shall limit the local government from reviewing any
793	applicable land development or zoning issue addressed in its
794	adopted regulations that do not conflict with this section,
795	including, but not limited to, aesthetics, landscaping, land use
796	based location priorities, structural design, and setbacks.
797	2.  Any setback or distance separation required of a tower
798	may not exceed the minimum distance necessary, as determined by
799	the local government, to satisfy the structural safety or
800	aesthetic concerns that are to be protected by the setback or
801	distance separation.
802	3.  A local government may exclude the placement of
803	wireless communications facilities in a residential area or
804	residential zoning district but only in a manner that does not
805	constitute an actual or effective prohibition of the provider's
806	designed service in that residential area or zoning district. If
807	a wireless provider demonstrates to the satisfaction of the
808	local government that it cannot reasonably provide its designed
809	service to the residential area or zone from outside the
810	residential area or zone, the local government and provider
811	shall cooperate to determine an appropriate location for a
812	wireless communications facility of an appropriate design within
813	the residential area or zone. The local government may require
814	that the wireless provider reimburse the reasonable costs
815	incurred by the local government for this cooperative
816	determination. An application for such cooperative determination
817	shall not be considered an application under paragraph (11)(d).
818	4.  A local government may impose a reasonable fee on
819	applications to place, construct, or modify a wireless
820	communications facility only if a similar fee is imposed on
821	applicants seeking other similar types of zoning, land use, or
822	building-permit review. A local government may impose fees for
823	the review of applications for wireless communications
824	facilities by consultants or experts who conduct code compliance
825	review for the local government but any fee is limited to
826	specifically identified reasonable expenses incurred in the
827	review. A local government may impose reasonable surety
828	requirements to ensure the removal of wireless communications
829	facilities that are no longer being used.
830	5.  A local government may impose design requirements, such
831	as requirements for designing towers to support collocation or
832	aesthetic requirements, except as otherwise limited in this
833	section, but shall not impose or require information on
834	compliance with building code type standards for the
835	construction or modification of wireless communications
836	facilities beyond those adopted by the local government under
837	chapter 553 and that apply to all similar types of construction.
838	(c)(b)  Local governments may shall not require wireless
839	providers to provide evidence of a wireless communications
840	facility's compliance with federal regulations, except. However,
841	local governments shall receive evidence of compliance with
842	applicable Federal Aviation Administration requirements under 14
843	C.F.R. s. 77, as amended, and evidence of proper Federal
844	Communications Commission licensure, or other evidence of
845	Federal Communications Commission authorized spectrum use, but
846	from a provider and may request the Federal Communications
847	Commission to provide information as to a wireless provider's
848	compliance with federal regulations, as authorized by federal
849	law.
850	(d)(c)1.  A local government shall grant or deny each a
851	properly completed application for a collocation permit,
852	including permits under subparagraph (11)(a)1. paragraph (a),
853	for the colocation of a wireless communications facility on
854	property, buildings, or structures within the local government's
855	jurisdiction within the normal timeframe for a similar building-
856	permit review but in no case later than 45 business days after
857	the date the properly completed application is determined to be
858	properly completed in accordance with this paragraph initially
859	submitted in accordance with the applicable local government
860	application procedures, provided that such permit complies with
861	applicable federal regulations and applicable local zoning or
862	land development regulations, including any aesthetic
863	requirements. Local building regulations shall apply.
864	2.  A local government shall grant or deny each a properly
865	completed application for any other wireless communications
866	facility within the normal timeframe for a similar type review
867	but in no case later than a permit for the siting of a new
868	wireless tower or antenna on property, buildings, or structures
869	within the local government's jurisdiction within 90 business
870	days after the date the properly completed application is
871	determined to be properly completed in accordance with this
872	paragraph initially submitted in accordance with the applicable
873	local government application procedures, provided that such
874	permit complies with applicable federal regulations and
875	applicable local zoning or land development regulations,
876	including any aesthetic requirements. Local building regulations
877	shall apply.
878	3.a.  An application is deemed submitted or resubmitted on
879	the date the application is received by the local government. If
880	the local government does not shall notify the permit applicant
881	in writing that the application is not completed in compliance
882	with the local government's regulations within 20 business days
883	after the date the application is initially submitted or
884	additional information resubmitted, as to whether the
885	application is deemed, for administrative purposes only, to be
886	properly completed and has been properly submitted. However, the
887	such determination shall not be deemed as an approval of the
888	application. If the application is not completed in compliance
889	with the local government's regulations, the local government
890	shall so notify the applicant in writing and the Such
891	notification must shall indicate with specificity any
892	deficiencies in the required documents or deficiencies in the
893	content of the required documents which, if cured, shall make
894	the application properly completed. Upon resubmission of
895	information to cure the stated deficiencies, the local
896	government shall notify the applicant, in writing, within the
897	normal timeframes of review, but in no case longer than 20
898	business days after the additional information is submitted, of
899	any remaining deficiencies that must be cured. Deficiencies in
900	document type or content not specified by the local government
901	do not make the application incomplete. Notwithstanding this
902	sub-subparagraph, if a specified deficiency is not properly
903	cured when the applicant resubmits its application to comply
904	with the notice of deficiencies, the local government may
905	continue to request the information until such time as the
906	specified deficiency is cured. The local government may
907	establish reasonable timeframes within which the required
908	information to cure the application deficiency is to be provided
909	or the application will be considered withdrawn or closed.
910	b.  If the local government fails to grant or deny a
911	properly completed application for a wireless communications
912	facility permit which has been properly submitted within the
913	timeframes set forth in this paragraph, the application permit
914	shall be deemed automatically approved and the applicant
915	provider may proceed with placement of the such facilities
916	without interference or penalty. The timeframes specified in
917	subparagraph subparagraphs 1. and 2. may shall be extended only
918	to the extent that the application permit has not been granted
919	or denied because the local government's procedures generally
920	applicable to all other similar types of applications permits,
921	require action by the governing body and such action has not
922	taken place within the timeframes specified in subparagraph
923	subparagraphs 1. and 2. Under such circumstances, the local
924	government must act to either grant or deny the application
925	permit at its next regularly scheduled meeting or, otherwise,
926	the application is permit shall be deemed to be automatically
927	approved.
928	c.  To be effective, a waiver of the timeframes set forth
929	in this paragraph herein must be voluntarily agreed to by the
930	applicant and the local government. A local government may
931	request, but not require, a waiver of the timeframes by the
932	applicant an entity seeking a permit, except that, with respect
933	to a specific application permit, a one-time waiver may be
934	required in the case of a declared local, state, or federal
935	emergency that directly affects the administration of all
936	permitting activities of the local government.
937	(d)  Any additional wireless communications facilities,
938	such as communication cables, adjacent accessory structures, or
939	adjacent accessory equipment used in the provision of cellular,
940	enhanced specialized mobile radio, or personal communications
941	services, required within the existing secured equipment
942	compound within the existing site shall be deemed a permitted
943	use or activity. Local building and land development
944	regulations, including any aesthetic requirements, shall apply.
945	(e)  The replacement of or modification to a wireless
946	communications facility, except a tower, that results in a
947	wireless communications facility not readily discernibly
948	different in size, type, and appearance when viewed from ground
949	level from surrounding properties, and the replacement or
950	modification of equipment that is not visible from surrounding
951	properties, all as reasonably determined by the local
952	government, are subject to no more than applicable building-
953	permit review.
954	(f)(e)  Any other provision of law to the contrary
955	notwithstanding, the Department of Management Services shall
956	negotiate, in the name of the state, leases for wireless
957	communications facilities that provide access to state
958	government-owned property not acquired for transportation
959	purposes, and the Department of Transportation shall negotiate,
960	in the name of the state, leases for wireless communications
961	facilities that provide access to property acquired for state
962	rights-of-way. On property acquired for transportation purposes,
963	leases shall be granted in accordance with s. 337.251. On other
964	state government-owned property, leases shall be granted on a
965	space available, first-come, first-served basis. Payments
966	required by state government under a lease must be reasonable
967	and must reflect the market rate for the use of the state
968	government-owned property. The Department of Management Services
969	and the Department of Transportation are authorized to adopt
970	rules for the terms and conditions and granting of any such
971	leases.
972	(g)  If any person adversely affected by any action or
973	failure to act or regulation or requirement of a local
974	government in the review or regulation of the wireless
975	communication facilities files an appeal or brings an
976	appropriate action in a court or venue of competent
977	jurisdiction, following the exhaustion of all administrative
978	remedies, the matter shall be considered on an expedited basis.
979	(f)  Any wireless telephone service provider may report to
980	the board no later than September 1, 2003, the specific
981	locations or general areas within a county or municipality where
982	the provider has experienced unreasonable delay to locate
983	wireless telecommunications facilities necessary to provide the
984	needed coverage for compliance with federal Phase II E911
985	requirements using its own network. The provider shall also
986	provide this information to the specifically identified county
987	or municipality no later than September 1, 2003. Unless the
988	board receives no report that unreasonable delays have occurred,
989	the board shall, no later than September 30, 2003, establish a
990	subcommittee responsible for developing a balanced approach
991	between the ability of providers to locate wireless facilities
992	necessary to comply with federal Phase II E911 requirements
993	using the carrier's own network and the desire of counties and
994	municipalities to zone and regulate land uses to achieve public
995	welfare goals. If a subcommittee is established, it shall
996	include representatives from the Florida Telecommunications
997	Industry Association, the Florida Association of Counties, and
998	the Florida League of Cities. The subcommittee shall be charged
999	with developing recommendations for the board and any
1000	specifically identified municipality or county to consider
1001	regarding actions to be taken for compliance for federal Phase
1002	II E911 requirements. In the annual report due to the Governor
1003	and the Legislature by February 28, 2004, the board shall
1004	include any recommendations developed by the subcommittee to
1005	address compliance with federal Phase II E911 requirements.
1006	Section 5.  Subsections (2) and (3) of section 365.173,
1007	Florida Statutes, are amended to read:
1008	365.173  Wireless Emergency Telephone System Fund.--
1009	(2)  Subject to any modifications approved by the board
1010	pursuant to s. 365.172(6)(a)3. or s. 365.172(8)(c), the moneys
1011	in the fund shall be distributed and used only as follows:
1012	(a)  Forty-four percent of the moneys shall be distributed
1013	each month to counties, based on the total number of wireless
1014	subscriber billing addresses in each county, for payment of:
1015	1.  Recurring costs of providing 911 or E911 service, as
1016	provided by s. 365.171(13)(a)6.
1017	2.  Costs to comply with the requirements for E911 service
1018	contained in the order and any future rules related to the
1019	order.
1020
1021	Any county that receives funds under this paragraph shall
1022	establish a fund to be used exclusively for the receipt and
1023	expenditure of the revenues collected under this paragraph. All
1024	fees placed in the fund and any interest accrued shall be used
1025	solely for costs described in subparagraphs 1. and 2. The money
1026	collected and interest earned in this fund shall be appropriated
1027	for these purposes by the county commissioners and incorporated
1028	into the annual county budget. The fund shall be included within
1029	the financial audit performed in accordance with s. 218.39. A
1030	county may carry forward, for up to 3 successive calendar years,
1031	up to 30 percent of the total funds disbursed to the county by
1032	the board during a calendar year for expenditures for capital
1033	outlay, capital improvements, or equipment replacement, if such
1034	expenditures are made for the purposes specified in this
1035	paragraph.
1036	(b)  Fifty-four percent of the moneys shall be distributed
1037	in response to sworn invoices submitted to the board by
1038	providers to reimburse such providers for the actual costs
1039	incurred to provide 911 or E911 service, including the costs of
1040	complying with the order. Such costs include costs and expenses
1041	incurred by providers to design, purchase, lease, program,
1042	install, test, upgrade, operate, and maintain all necessary
1043	data, hardware, and software required to provide E911 service.
1044	Up to 2 percent of the funds allocated to providers shall be
1045	retained by the board to be applied to costs and expenses
1046	incurred for the purposes of managing, administering, and
1047	overseeing the receipts and disbursements from the fund and
1048	other activities as defined in s. 365.172(6). Any funds retained
1049	for such purposes in a calendar year which are not applied to
1050	such costs and expenses by March 31 of the following year shall
1051	be distributed to providers pursuant to this paragraph.
1052	Beginning in state fiscal year 2000-2001, Each provider shall
1053	submit to the board, by August 1 of each year, a detailed
1054	estimate of the capital and operating expenses for which it
1055	anticipates that it will seek reimbursement under this paragraph
1056	during the ensuing state fiscal year. By September 15 of each
1057	year, the board shall submit to the Legislature its legislative
1058	budget request for funds to be allocated to providers under this
1059	paragraph during the ensuing state fiscal year. The budget
1060	request shall be based on the information submitted by the
1061	providers and estimated surcharge revenues. Distributions of
1062	moneys in the fund by the board to providers must be fair and
1063	nondiscriminatory. If the total amount of moneys requested by
1064	providers pursuant to invoices submitted to the board and
1065	approved for payment exceeds the amount in the fund in any
1066	month, providers that have invoices approved for payment shall
1067	receive a pro rata share of moneys in the fund and the balance
1068	of the payments shall be carried over to the following month or
1069	months until all of the approved payments are made. The board
1070	may adopt rules necessary to address the manner in which pro
1071	rata distributions are made when the total amount of funds
1072	requested by providers pursuant to invoices submitted to the
1073	board exceeds the total amount of moneys on deposit in the fund.
1074	(c)  Two percent of the moneys shall be used to make
1075	monthly distributions to rural counties for the purpose of
1076	providing facilities and network and service enhancements and
1077	assistance for the 911 or E911 systems operated by rural
1078	counties and for the provision of reimbursable loans and grants
1079	by the office to rural counties for upgrading 911 systems.
1080
1081	The Legislature recognizes that the wireless E911 fee authorized
1082	under s. 365.172 will not necessarily provide the total funding
1083	required for establishing or providing the 911 service. It is
1084	the intent of the Legislature that all revenue from the fee be
1085	used as specified in s. 365.171(13)(a)6.
1086	(3)  The Auditor General shall annually audit the fund to
1087	ensure that moneys in the fund are being managed in accordance
1088	with this section and s. 365.172. The Auditor General shall
1089	provide a report of the annual audit to the board.
1090	Section 6.  Paragraph (a) of subsection (3) of section
1091	337.401, Florida Statutes, is amended to read:
1092	337.401  Use of right-of-way for utilities subject to
1093	regulation; permit; fees.--
1094	(3)(a)1.  Because of the unique circumstances applicable to
1095	providers of communications services, including, but not limited
1096	to, the circumstances described in paragraph (e) and the fact
1097	that federal and state law require the nondiscriminatory
1098	treatment of providers of telecommunications services, and
1099	because of the desire to promote competition among providers of
1100	communications services, it is the intent of the Legislature
1101	that municipalities and counties treat providers of
1102	communications services in a nondiscriminatory and competitively
1103	neutral manner when imposing rules or regulations governing the
1104	placement or maintenance of communications facilities in the
1105	public roads or rights-of-way. Rules or regulations imposed by a
1106	municipality or county relating to providers of communications
1107	services placing or maintaining communications facilities in its
1108	roads or rights-of-way must be generally applicable to all
1109	providers of communications services and, notwithstanding any
1110	other law, may not require a provider of communications
1111	services, except as otherwise provided in subparagraph 2., to
1112	apply for or enter into an individual license, franchise, or
1113	other agreement with the municipality or county as a condition
1114	of placing or maintaining communications facilities in its roads
1115	or rights-of-way. In addition to other reasonable rules or
1116	regulations that a municipality or county may adopt relating to
1117	the placement or maintenance of communications facilities in its
1118	roads or rights-of-way under this subsection, a municipality or
1119	county may require a provider of communications services that
1120	places or seeks to place facilities in its roads or rights-of-
1121	way to register with the municipality or county and to provide
1122	the name of the registrant; the name, address, and telephone
1123	number of a contact person for the registrant; the number of the
1124	registrant's current certificate of authorization issued by the
1125	Florida Public Service Commission or the Federal Communications
1126	Commission; and proof of insurance or self-insuring status
1127	adequate to defend and cover claims. Nothing in this
1128	subparagraph is intended to limit or expand any existing zoning
1129	or land use authority of a municipality or county; however, no
1130	such zoning or land use authority may require an individual
1131	license, franchise, or other agreement as prohibited by this
1132	subparagraph.
1133	2.  Notwithstanding the provisions of subparagraph 1., a
1134	municipality or county may, as provided by 47 U.S.C. s. 541,
1135	award one or more franchises within its jurisdiction for the
1136	provision of cable service, and a provider of cable service
1137	shall not provide cable service without such franchise. Each
1138	municipality and county retains authority to negotiate all terms
1139	and conditions of a cable service franchise allowed by federal
1140	law and s. 166.046, except those terms and conditions related to
1141	franchise fees and the definition of gross revenues or other
1142	definitions or methodologies related to the payment or
1143	assessment of franchise fees and permit fees as provided in
1144	paragraph (c) on providers of cable services. A municipality or
1145	county may exercise its right to require from providers of cable
1146	service in-kind requirements, including, but not limited to,
1147	institutional networks, and contributions for, or in support of,
1148	the use or construction of public, educational, or governmental
1149	access facilities to the extent permitted by federal law. A
1150	provider of cable service may exercise its right to recover any
1151	such expenses associated with such in-kind requirements, to the
1152	extent permitted by federal law.
1153	Section 7.  This act shall take effect July 1, 2005.

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