HB 0305

CS

CHAMBER ACTION

1	The Local Government Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to the wireless emergency telephone
7	system; amending s. 11.45, F.S.; providing a timeframe for
8	annual audits of the Wireless Emergency Telephone System
9	Fund by the Auditor General; amending s. 364.02, F.S.;
10	revising fee schedules for providers of interexchange
11	telecommunications services; amending s. 365.171, F.S.;
12	revising provisions for certain nonemergency telephone
13	number pilot projects; amending s. 365.172, F.S.; limiting
14	application of definitions; adding definitions relating to
15	wireless telephone communications; revising duties of the
16	Wireless 911 Board; providing for grants and loans to
17	certain counties for the purpose of upgrading E911
18	systems; authorizing the hiring of an executive director
19	and an independent, private attorney; specifying that
20	state and local governments are not customers under
21	provisions for the wireless E911 monthly fee; revising
22	timeframe to reduce the amount of the fee or for
23	reallocation of moneys collected for the fee; providing
24	legislative intent regarding the emergency wireless
25	telephone system; providing standards for local
26	governments to follow when regulating the placement,
27	construction, or modification of a wireless communications
28	facility; revising requirements for collocation of certain
29	facilities; providing for review of collocations under
30	various circumstances and meeting specified requirements
31	under such circumstances; exempting such collocations from
32	certain local regulations; providing for review of certain
33	collocations that do not meet such requirements; revising
34	provisions for compliance with certain requirements by the
35	owner of the existing tower; providing for review for
36	replacement of certain towers to accommodate collocation
37	under certain conditions; providing criteria for local
38	government regulation of wireless communications
39	facilities and review of an application for the placement,
40	construction, or modification of such facilities;
41	authorizing a local government to exclude such facilities
42	under certain circumstances; providing for reimbursement
43	to the local government of certain costs; authorizing the
44	local government to impose certain fees and require a
45	surety for certain purposes; directing local governments
46	to grant or deny properly completed applications within
47	specified time periods; providing for approval when time
48	period is exceeded; providing circumstances for extension
49	of such time periods; providing criteria and procedures
50	for local approval of an application by a provider of
51	wireless communications services; prohibiting local
52	governments from imposing certain requirements on wireless
53	communications providers; directing local governments to
54	notify a provider in writing of the deficiencies in an
55	application and whether the resubmission of information
56	properly completes the application; providing for a
57	limited review by a local government of an accessory
58	wireless communications facility; providing that an action
59	brought by a person adversely affected by a decision of a
60	local government relating to a wireless communications
61	facility shall be considered on an expedited basis;
62	removing certain complaint procedures; amending s.
63	365.173, F.S.; providing for deposit and appropriation of
64	funds received by a county from the E911 fee; providing
65	for audit of such funds; removing a restriction on the
66	county's authority to carry forward such funds; providing
67	a timeframe for annual audits by the Auditor General of
68	the Wireless Emergency Telephone System Fund; amending s.
69	337.401, F.S.; revising provisions relating to use of
70	right-of-way for utilities subject to regulation to remove
71	certain application provisions; providing an effective
72	date.
73
74	Be It Enacted by the Legislature of the State of Florida:
75
76	Section 1.  Paragraph (e) of subsection (2) of section
77	11.45, Florida Statutes, is amended to read:
78	11.45  Definitions; duties; authorities; reports; rules.--
79	(2)  DUTIES.--The Auditor General shall:
80	(e)  Through fiscal year 2008-2009, annually conduct an
81	audit of the Wireless Emergency Telephone System Fund as
82	described in s. 365.173.
83
84	The Auditor General shall perform his or her duties
85	independently but under the general policies established by the
86	Legislative Auditing Committee. This subsection does not limit
87	the Auditor General's discretionary authority to conduct other
88	audits or engagements of governmental entities as authorized in
89	subsection (3).
90	Section 2.  Subsection (13) of section 364.02, Florida
91	Statutes, is amended to read:
92	364.02  Definitions.--As used in this chapter:
93	(13)  "Telecommunications company" includes every
94	corporation, partnership, and person and their lessees,
95	trustees, or receivers appointed by any court whatsoever, and
96	every political subdivision in the state, offering two-way
97	telecommunications service to the public for hire within this
98	state by the use of a telecommunications facility. The term
99	"telecommunications company" does not include:
100	(a)  An entity which provides a telecommunications facility
101	exclusively to a certificated telecommunications company;
102	(b)  An entity which provides a telecommunications facility
103	exclusively to a company which is excluded from the definition
104	of a telecommunications company under this subsection;
105	(c)  A commercial mobile radio service provider;
106	(d)  A facsimile transmission service;
107	(e)  A private computer data network company not offering
108	service to the public for hire;
109	(f)  A cable television company providing cable service as
110	defined in 47 U.S.C. s. 522; or
111	(g)  An intrastate interexchange telecommunications
112	company.
113
114	However, each commercial mobile radio service provider and each
115	intrastate interexchange telecommunications company shall
116	continue to be liable for any taxes imposed under pursuant to
117	chapters 202, 203 and 212 and any fees assessed under s.
118	pursuant to ss. 364.025 and 364.336. Each intrastate
119	interexchange telecommunications company shall continue to be
120	subject to ss. 364.04, 364.10(3)(a) and (d), 364.163, 364.285,
121	364.336, 364.501, 364.603, and 364.604, shall provide the
122	commission with the such current information as the commission
123	deems necessary to contact and communicate with the company,
124	shall continue to pay intrastate switched network access rates
125	or other intercarrier compensation to the local exchange
126	telecommunications company or the competitive local exchange
127	telecommunications company for the origination and termination
128	of interexchange telecommunications service, and shall reduce
129	its intrastate long distance toll rates in accordance with s.
130	364.163(2).
131	Section 3.  Paragraph (a) of subsection (13) of section
132	365.171, Florida Statutes, is amended to read:
133	365.171  Emergency telephone number "911."--
134	(13)  "911" FEE.--
135	(a)  Following approval by referendum as set forth in
136	paragraph (b), or following approval by a majority vote of its
137	board of county commissioners, a county may impose a "911" fee
138	to be paid by the local exchange subscribers within its
139	boundaries served by the "911" service. Proceeds from the "911"
140	fee shall be used only for "911" expenditures as set forth in
141	subparagraph 6. The manner of imposing and collecting said
142	payment shall be as follows:
143	1.  At the request of the county subscribing to "911"
144	service, the telephone company shall, insofar as is practicable,
145	bill the "911" fee to the local exchange subscribers served by
146	the "911" service, on an individual access line basis, at a rate
147	not to exceed 50 cents per month per line (up to a maximum of 25
148	access lines per account bill rendered). However, the fee may
149	not be assessed on any pay telephone in this state. A county
150	collecting the fee for the first time may collect the fee for no
151	longer than 36 months without initiating the acquisition of its
152	"911" equipment.
153	2.  Fees collected by the telephone company pursuant to
154	subparagraph 1. shall be returned to the county, less the costs
155	of administration retained pursuant to paragraph (c). The county
156	shall provide a minimum of 90 days' written notice to the
157	telephone company prior to the collection of any "911" fees.
158	3.  Any county that currently has an operational "911"
159	system or that is actively pursuing the implementation of a
160	"911" system shall establish a fund to be used exclusively for
161	receipt and expenditure of "911" fee revenues collected pursuant
162	to this section. All fees placed in said fund, and any interest
163	accrued thereupon, shall be used solely for "911" costs
164	described in subparagraph 6. The money collected and interest
165	earned in this fund shall be appropriated for "911" purposes by
166	the county commissioners and incorporated into the annual county
167	budget. Such fund shall be included within the financial audit
168	performed in accordance with s. 218.39. A report of the audit
169	shall be forwarded to the office within 60 days of its
170	completion. A county may carry forward on an annual basis
171	unspent moneys in the fund for expenditures allowed by this
172	section, or it may reduce its fee. However, in no event shall a
173	county carry forward more than 10 percent of the "911" fee
174	billed for the prior year. The amount of moneys carried forward
175	each year may be accumulated in order to allow for capital
176	improvements described in this subsection. The carryover shall
177	be documented by resolution of the board of county commissioners
178	expressing the purpose of the carryover or by an adopted capital
179	improvement program identifying projected expansion or
180	replacement expenditures for "911" equipment and service
181	features, or both. In no event shall the "911" fee carryover
182	surplus moneys be used for any purpose other than for the "911"
183	equipment, service features, and installation charges authorized
184	in subparagraph 6. Nothing in this section shall prohibit a
185	county from using other sources of revenue for improvements,
186	replacements, or expansions of its "911" system. A county may
187	increase its fee for purposes authorized in this section.
188	However, in no case shall the fee exceed 50 cents per month per
189	line. All current "911" fees shall be reported to the office
190	within 30 days of the start of each county's fiscal period. Any
191	fee adjustment made by a county shall be reported to the office.
192	A county shall give the telephone company a 90-day written
193	notice of such fee adjustment.
194	4.  The telephone company shall have no obligation to take
195	any legal action to enforce collection of the "911" fee. The
196	telephone company shall provide quarterly to the county a list
197	of the names, addresses, and telephone numbers of any and all
198	subscribers who have identified to the telephone company their
199	refusal to pay the "911" fee.
200	5.  The county subscribing to "911" service shall remain
201	liable to the telephone company for any "911" service,
202	equipment, operation, or maintenance charge owed by the county
203	to the telephone company.
204
205	As used in this paragraph, "telephone company" means an exchange
206	telephone service provider of "911" service or equipment to any
207	county within its certificated area.
208	6.  It is the intent of the Legislature that the "911" fee
209	authorized by this section to be imposed by counties will not
210	necessarily provide the total funding required for establishing
211	or providing the "911" service. For purposes of this section,
212	"911" service includes the functions of database management,
213	call taking, location verification, and call transfer. The
214	following costs directly attributable to the establishment
215	and/or provision of "911" service are eligible for expenditure
216	of moneys derived from imposition of the "911" fee authorized by
217	this section: the acquisition, implementation, and maintenance
218	of Public Safety Answering Point (PSAP) equipment and "911"
219	service features, as defined in the Florida Public Service
220	Commission's lawfully approved "911" and related tariffs and/or
221	the acquisition, installation, and maintenance of other "911"
222	equipment, including call answering equipment, call transfer
223	equipment, ANI controllers, ALI controllers, ANI displays, ALI
224	displays, station instruments, "911" telecommunications systems,
225	teleprinters, logging recorders, instant playback recorders,
226	telephone devices for the deaf (TDD) used in the "911" system,
227	PSAP backup power systems, consoles, automatic call
228	distributors, and interfaces (hardware and software) for
229	computer-aided dispatch (CAD) systems; salary and associated
230	expenses for "911" call takers for that portion of their time
231	spent taking and transferring "911" calls; salary and associated
232	expenses for a county to employ a full-time equivalent "911"
233	coordinator position and a full-time equivalent staff assistant
234	position per county for the portion of their time spent
235	administrating the "911" system; training costs for PSAP call
236	takers in the proper methods and techniques used in taking and
237	transferring "911" calls; and expenses required to develop and
238	maintain all information (ALI and ANI databases and other
239	information source repositories) necessary to properly inform
240	call takers as to location address, type of emergency, and other
241	information directly relevant to the "911" call-taking and
242	transferring function; and, in a county defined in s.
243	125.011(1), such expenses related to a nonemergency "311"
244	system, or similar nonemergency system, which improves the
245	overall efficiency of an existing "911" system or reduces "911"
246	emergency response time for a 2-year pilot project that ends
247	June 30, 2003. However, No wireless telephone service provider
248	shall be required to participate in any this pilot project or to
249	otherwise implement a nonemergency "311" system or similar
250	nonemergency system. The "911" fee revenues shall not be used to
251	pay for any item not listed, including, but not limited to, any
252	capital or operational costs for emergency responses which occur
253	after the call transfer to the responding public safety entity
254	and the costs for constructing buildings, leasing buildings,
255	maintaining buildings, or renovating buildings, except for those
256	building modifications necessary to maintain the security and
257	environmental integrity of the PSAP and "911" equipment rooms.
258	7.  It is the goal of the Legislature that enhanced "911"
259	service be available throughout the state. Expenditure by
260	counties of the "911" fees authorized by this section should
261	support this goal to the greatest extent feasible within the
262	context of local service needs and fiscal capability. Nothing in
263	this section shall be construed to prohibit two or more counties
264	from establishing a combined emergency "911" telephone service
265	by interlocal agreement and utilizing the "911" fees authorized
266	by this section for such combined "911" service.
267	Section 4.  Subsections (3), (6), and (11) and paragraphs
268	(a) and (c) of subsection (8) of section 365.172, Florida
269	Statutes, are amended to read:
270	365.172  Wireless emergency telephone number "E911."--
271	(3)  DEFINITIONS.--Only as used in this section and ss.
272	365.173 and 365.174, the term:
273	(a)  "Active prepaid wireless telephone" means a prepaid
274	wireless telephone that has been used by the customer during the
275	month to complete a telephone call for which the customer's card
276	or balance was decremented.
277	(b)  "Answering point" means the public safety agency that
278	receives incoming 911 calls and dispatches appropriate public
279	safety agencies to respond to the such calls.
280	(c)  "Automatic location identification" means the
281	capability of the E911 service which enables the automatic
282	display of information that defines the approximate geographic
283	location of the wireless telephone used to place a 911 call.
284	(d)  "Automatic number identification" means the capability
285	of the E911 service which enables the automatic display of the
286	10-digit service number used to place a 911 call.
287	(e)  "Board" means the board of directors of the Wireless
288	911 Board.
289	(f)  "Building-permit review" means a review for compliance
290	with building construction standards adopted by the local
291	government under chapter 553 and does not include a review for
292	compliance with land development regulations. "Office" means the
293	State Technology Office.
294	(g)  "Collocation" means the situation when a second or
295	subsequent wireless provider uses an existing structure to
296	locate a second or subsequent antennae. The term includes the
297	ground, platform, or roof installation of equipment enclosures,
298	cabinets, or buildings, and cables, brackets, and other
299	equipment associated with the location and operation of the
300	antennae.
301	(h)  "Designed service" means the configuration and manner
302	of deployment of service the wireless provider has designed for
303	an area as part of its network.
304	(i)(g)  "E911" is the designation for a wireless enhanced
305	911 system or wireless enhanced 911 service that is an emergency
306	telephone system or service that provides a subscriber with
307	wireless 911 service and, in addition, directs 911 calls to
308	appropriate public safety answering points by selective routing
309	based on the geographical location from which the call
310	originated, or as otherwise provided in the state plan under s.
311	365.171, and that provides for automatic number identification
312	and automatic location-identification features in accordance
313	with the requirements of the order.
314	(j)  "Existing structure" means a structure that exists at
315	the time an application for permission to place antennae on a
316	structure is filed with a local government. The term includes
317	any structure that can structurally support the attachment of
318	antennae in compliance with applicable codes.
319	(k)(h)  "Fee" means the E911 fee imposed under subsection
320	(8).
321	(l)(i)  "Fund" means the Wireless Emergency Telephone
322	System Fund established in s. 365.173 and maintained under this
323	section for the purpose of recovering the costs associated with
324	providing 911 service or E911 service, including the costs of
325	implementing the order.
326	(m)  "Historic building, structure, site, object, or
327	district" means any building, structure, site, object, or
328	district that has been officially designated as a historic
329	building, historic structure, historic site, historic object, or
330	historic district through a federal, state, or local designation
331	program.
332	(n)  "Land development regulations" means any ordinance
333	enacted by a local government for the regulation of any aspect
334	of development, including an ordinance governing zoning,
335	subdivisions, landscaping, tree protection, or signs, the local
336	government's comprehensive plan, or any other ordinance
337	concerning any aspect of the development of land. The term does
338	not include any building construction standard adopted under and
339	in compliance with chapter 553.
340	(o)(j)  "Local exchange carrier" means a "competitive local
341	exchange telecommunications company" or a "local exchange
342	telecommunications company" as defined in s. 364.02.
343	(p)(k)  "Local government" means any municipality, county,
344	or political subdivision or agency of a municipality, county, or
345	political subdivision.
346	(q)  "Medium county" means any county that has a population
347	of 75,000 or more but less than 750,000.
348	(r)(l)  "Mobile telephone number" or "MTN" means the
349	telephone number assigned to a wireless telephone at the time of
350	initial activation.
351	(s)  "Office" means the State Technology Office.
352	(t)(m)  "Order" means:
353	1.  The following orders and rules of the Federal
354	Communications Commission issued in FCC Docket No. 94-102:
355	a.  Order adopted on June 12, 1996, with an effective date
356	of October 1, 1996, the amendments to s. 20.03 and the creation
357	of s. 20.18 of Title 47 of the Code of Federal Regulations
358	adopted by the Federal Communications Commission pursuant to
359	such order.
360	b.  Memorandum and Order No. FCC 97-402 adopted on December
361	23, 1997.
362	c.  Order No. FCC DA 98-2323 adopted on November 13, 1998.
363	d.  Order No. FCC 98-345 adopted December 31, 1998.
364	2.  Orders and rules subsequently adopted by the Federal
365	Communications Commission relating to the provision of wireless
366	911 services.
367	(u)(o)  "Prepaid wireless telephone service" means wireless
368	telephone service that is activated in advance by payment for a
369	finite dollar amount of service or for a finite set of minutes
370	that terminate either upon use by a customer and delivery by the
371	wireless provider of an agreed-upon amount of service
372	corresponding to the total dollar amount paid in advance or
373	within a certain period of time following the initial purchase
374	or activation, unless additional payments are made.
375	(v)(n)  "Provider" or "wireless provider" means a person or
376	entity who provides service and either:
377	1.  Is subject to the requirements of the order; or
378	2.  Elects to provide wireless 911 service or E911 service
379	in this state.
380	(w)(p)  "Public agency" means the state and any
381	municipality, county, municipal corporation, or other
382	governmental entity, public district, or public authority
383	located in whole or in part within this state which provides, or
384	has authority to provide, firefighting, law enforcement,
385	ambulance, medical, or other emergency services.
386	(x)(q)  "Public safety agency" means a functional division
387	of a public agency which provides firefighting, law enforcement,
388	medical, or other emergency services.
389	(y)(r)  "Rural county" means any county that has a
390	population of fewer than 75,000.
391	(z)(s)  "Service" means "commercial mobile radio service"
392	as provided under ss. 3(27) and 332(d) of the Federal
393	Telecommunications Act of 1996, 47 U.S.C., ss. 151 et seq., and
394	the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-
395	66, August 10, 1993, 107 Stat. 312. The term "service" includes
396	the term "wireless" and service provided by any wireless real-
397	time two-way wire communication device, including radio-
398	telephone communications used in cellular telephone service;
399	personal communications service; or the functional or
400	competitive equivalent of a radio-telephone communications line
401	used in cellular telephone service, a personal communications
402	service, or a network radio access line. The term does not
403	include wireless providers that offer mainly dispatch service in
404	a more localized, noncellular configuration; providers offering
405	only data, one-way, or stored-voice services on an
406	interconnected basis; providers of air-to-ground services; or
407	public coast stations.
408	(aa)(t)  "Service number" means the unique 10-digit
409	wireless telephone number assigned to a service subscriber.
410	(bb)(u)  "Sufficient positive balance" means a dollar
411	amount greater than or equal to the monthly wireless surcharge
412	amount.
413	(cc)  "Tower" means any structure designed primarily to
414	support a wireless provider's antennae.
415	(dd)  "Wireless communications facility" means any
416	equipment or facility used to provide service and may include,
417	but is not limited to, antennae, towers, equipment enclosures,
418	cabling, antenna brackets, and other such equipment. Placing a
419	wireless communications facility on an existing structure does
420	not cause the existing structure to become a wireless
421	communications facility.
422	(ee)(v)  "Wireless 911 system" or "wireless 911 service"
423	means an emergency telephone system or service that provides a
424	subscriber with the ability to reach an answering point by
425	dialing the digits "911." A wireless 911 system is complementary
426	to a wired 911 system as provided for in s. 365.171.
427	(6)  AUTHORITY OF THE BOARD; ANNUAL REPORT.--
428	(a)  The board shall:
429	1.  Administer the E911 fee.
430	2.  Implement, maintain, and oversee the fund.
431	3.  Review and oversee the disbursement of the revenues
432	deposited into the fund as provided in s. 365.173. The board may
433	establish a schedule for implementing wireless E911 service by
434	service area, and prioritize disbursements of revenues from the
435	fund to providers and rural counties as provided in s.
436	365.173(2)(b) and (c) pursuant to the schedule, in order to
437	implement E911 services in the most efficient and cost-effective
438	manner. Revenues collected and deposited into the fund for
439	distribution as provided in s. 365.173(2)(b), but which have not
440	been disbursed because sworn invoices as required by
441	365.173(2)(b) have not been submitted to the board, may be
442	utilized by the board as needed to provide grants to rural
443	counties and loans to medium counties for the purpose of
444	upgrading E911 systems. Grants provided to rural counties would
445	be in addition to disbursements provided under s. 365.173(2)(c).
446	Loans provided to medium counties shall be based on county
447	hardship criteria as determined and approved by the board.
448	Revenues utilized for this purpose shall be fully repaid to the
449	fund in a manner and under a timeframe as determined and
450	approved by the board. The board shall take all actions within
451	its authority to ensure that county recipients of such grants
452	and loans utilize these funds only for the purpose under which
453	they have been provided and may take any actions within its
454	authority to secure county repayment of grant and loan revenues
455	upon determination that the funds were not utilized for the
456	purpose under which they were provided.
457	4.  Review documentation submitted by providers which
458	reflects current and projected funds derived from the E911 fee,
459	and the expenses incurred and expected to be incurred, in order
460	to comply with the E911 service requirements contained in the
461	order for the purposes of:
462	a.  Ensuring that providers receive fair and equitable
463	distributions of funds from the fund.
464	b.  Ensuring that providers are not provided disbursements
465	from the fund which exceed the costs of providing E911 service,
466	including the costs of complying with the order.
467	c.  Ascertaining the projected costs of compliance with the
468	requirements of the order and projected collections of the E911
469	fee.
470	d.  Implementing changes to the allocation percentages or
471	reducing the E911 fee under paragraph (8)(c).
472	5.  Review and approve or reject, in whole or in part,
473	applications submitted by providers for recovery of moneys
474	deposited into the fund.
475	6.  Hire and retain employees, which may include an
476	independent executive director who shall possess experience in
477	the area of telecommunications and emergency 911 issues, for the
478	purposes of performing the technical and administrative
479	functions for the board.
480	7.  Make and enter into contracts, pursuant to chapter 287,
481	and execute other instruments necessary or convenient for the
482	exercise of the powers and functions of the board.
483	8.  Take all necessary and reasonable steps by July 1,
484	2000, to secure appropriate information and reports from
485	providers and otherwise perform all of the functions that would
486	be performed by an independent accounting firm prior to
487	completing the request-for-proposals process under subsection
488	(7).
489	9.  Sue and be sued, and appear and defend in all actions
490	and proceedings, in its corporate name to the same extent as a
491	natural person.
492	10.  Adopt, use, and alter a common corporate seal.
493	11.  Elect or appoint the officers and agents that are
494	required by the affairs of the board.
495	12.  The board may adopt rules under ss. 120.536(1) and
496	120.54 to implement this section and ss. 365.173 and 365.174.
497	13.  Provide coordination, support, and technical
498	assistance to counties to promote the deployment of advanced 911
499	and E911 systems in the state.
500	14.  Provide coordination and support for educational
501	opportunities related to 911 issues for the 911 community in
502	this state.
503	15.  Act as an advocate for issues related to 911 system
504	functions, features, and operations to improve the delivery of
505	911 services to the residents of and visitors to this state.
506	16.  Coordinate input from this state at national forums
507	and associations, to ensure that policies related to 911 systems
508	and services are consistent with the policies of the 911
509	community in this state.
510	17.  Work cooperatively with the system director
511	established in s. 365.171(5) to enhance the state of 911
512	services in this state and to provide unified leadership for all
513	911 issues through planning and coordination.
514	18.  Do all acts and things necessary or convenient to
515	carry out the powers granted in this section, including but not
516	limited to, consideration of emerging technology and related
517	cost savings.
518	19.  Have the authority to secure the services of an
519	independent, private attorney via invitation to bid, request for
520	proposals, invitation to negotiate, or professional contracts
521	for legal services already established at the Division of
522	Purchasing of the Department of Management Services.
523	(b)  Board members shall serve without compensation;
524	however, members are entitled to per diem and travel expenses as
525	provided in s. 112.061.
526	(c)  By February 28 of each year, the board shall prepare a
527	report for submission by the office to the Governor, the
528	President of the Senate, and the Speaker of the House of
529	Representatives which reflects, for the immediately preceding
530	calendar year, the quarterly and annual receipts and
531	disbursements of moneys in the fund, the purposes for which
532	disbursements of moneys from the fund have been made, and the
533	availability and status of implementation of E911 service in
534	this state.
535	(d)  By February 28, 2001, the board shall undertake and
536	complete a study for submission by the office to the Governor,
537	the President of the Senate, and the Speaker of the House of
538	Representatives which addresses:
539	1.  The total amount of E911 fee revenues collected by each
540	provider, the total amount of expenses incurred by each provider
541	to comply with the order, and the amount of moneys on deposit in
542	the fund, all as of December 1, 2000.
543	2.  Whether the amount of the E911 fee and the allocation
544	percentages set forth in s. 365.173 should be adjusted to comply
545	with the requirements of the order, and, if so, a recommended
546	adjustment to the E911 fee.
547	3.  Any other issues related to providing wireless E911
548	services.
549	(8)  WIRELESS E911 FEE.--
550	(a)  Each home service provider shall collect a monthly fee
551	imposed on each customer whose place of primary use is within
552	this state. For purposes of this section, the state and local
553	governments are not customers. The rate of the fee shall be 50
554	cents per month per each service number, beginning August 1,
555	1999. The fee shall apply uniformly and be imposed throughout
556	the state.
557	(c)  After July 1, 2001, the board may adjust the
558	allocation percentages provided in s. 365.173 or reduce the
559	amount of the fee, or both, if necessary to ensure full cost
560	recovery or prevent overrecovery of costs incurred in the
561	provision of E911 service, including costs incurred or projected
562	to be incurred to comply with the order. Any new allocation
563	percentages or reduced fee may not be adjusted for 1 year 2
564	years. The fee may not exceed 50 cents per month per each
565	service number.
566	(11)  FACILITATING E911 SERVICE IMPLEMENTATION.--To balance
567	the public need for reliable E911 services through reliable
568	wireless systems and the public interest served by governmental
569	zoning and land development regulations and notwithstanding any
570	other law or local ordinance to the contrary, the following
571	standards shall apply to a local government's actions, as a
572	regulatory body, in the regulation of the placement,
573	construction, or modification of a wireless communications
574	facility. However, this subsection shall not be construed to
575	waive or alter the provisions of s. 286.011 or s. 286.0115. For
576	the purposes of this subsection only, "local government" shall
577	mean any municipality or county and any agency of a municipality
578	or county only. The term "local government" does not, however,
579	include any airport, as defined by s. 330.27(2), even if it is
580	owned or controlled by or through a municipality, county, or
581	agency of a municipality or county. Further, notwithstanding
582	anything in this section to the contrary, this subsection does
583	not apply to or control a local government's actions as a
584	property or structure owner in the use of any property or
585	structure owned by such entity for the placement, construction,
586	or modification of wireless communications facilities. However,
587	in the use of property or structures owned by the local
588	government, a local government may not use its regulatory
589	authority so as to avoid compliance with, or in a manner that
590	does not advance, the provisions of this subsection.:
591	(a)  Collocation Colocation among wireless telephone
592	service providers is encouraged by the state. To further
593	facilitate agreements among providers for colocation of their
594	facilities, any antennae and related equipment to service the
595	antennae that is being colocated on an existing above-ground
596	structure is not subject to land development regulation pursuant
597	to s. 163.3202, provided the height of the existing structure is
598	not increased. However, construction of the antennae and related
599	equipment is subject to local building regulations and any
600	existing permits or agreements for such property, buildings, or
601	structures.
602	1.a.  Collocations on towers, including nonconforming
603	towers, that meet the requirements in sub-sub-subparagraphs (I),
604	(II), and (III), are subject to only building-permit review,
605	which may include a review for compliance with this
606	subparagraph. Such collocations are not subject to any design or
607	placement requirements of the local government's land
608	development regulations in effect at the time of the collocation
609	that are more restrictive than those in effect at the time of
610	the initial antennae placement approval, to any other portion of
611	the land development regulations, or to public hearing review.
612	This sub-subparagraph shall not preclude a public hearing for
613	any appeal of the decision on the collocation application.
614	(I)  The collocation does not increase the height of the
615	tower to which the antennae are to be attached, measured to the
616	highest point of any part of the tower or any existing antenna
617	attached to the tower;
618	(II)  The collocation does not increase the ground space
619	area, commonly known as the compound, approved in the site plan
620	for equipment enclosures and ancillary facilities; and
621	(III)  The collocation consists of antennae, equipment
622	enclosures, and ancillary facilities that are of a design and
623	configuration consistent with all applicable regulations,
624	restrictions, or conditions, if any, applied to the initial
625	antennae placed on the tower and to its accompanying equipment
626	enclosures and ancillary facilities and, if applicable, applied
627	to the tower supporting the antennae. Such regulations may
628	include the design and aesthetic requirements, but not
629	procedural requirements, other than those authorized by this
630	section, of the local government's land development regulations
631	in effect at the time the initial antennae placement was
632	approved.
633	b.  Except for a historic building, structure, site,
634	object, or district, or a tower included in sub-subparagraph a.,
635	collocations on all other existing structures that meet the
636	requirements in sub-sub-subparagraphs (I)-(IV) shall be subject
637	to no more than building-permit review and an administrative
638	review for compliance with this subparagraph. Such collocations
639	are not subject to any portion of the local government's land
640	development regulations not addressed herein, or to public
641	hearing review. This sub-subparagraph shall not preclude a
642	public hearing for any appeal of the decision on the collocation
643	application.
644	(I)  The collocation does not increase the height of the
645	existing structure to which the antennae are to be attached,
646	measured to the highest point of any part of the structure or
647	any existing antenna attached to the structure;
648	(II)  The collocation does not increase the ground space
649	area, otherwise known as the compound, if any, approved in the
650	site plan for equipment enclosures and ancillary facilities;
651	(III)  The collocation consists of antennae, equipment
652	enclosures, and ancillary facilities that are of a design and
653	configuration consistent with any applicable structural or
654	aesthetic design requirements and any requirements for location
655	on the structure, but not prohibitions or restrictions on the
656	placement of additional collocations on the existing structure
657	or procedural requirements, other than those authorized by this
658	section, of the local government's land development regulations
659	in effect at the time of the collocation application; and
660	(IV)  The collocation consists of antennae, equipment
661	enclosures, and ancillary facilities that are of a design and
662	configuration consistent with all applicable restrictions or
663	conditions, if any, that do not conflict with sub-sub-
664	subparagraph (III) and were applied to the initial antennae
665	placed on the structure and to its accompanying equipment
666	enclosures and ancillary facilities and, if applicable, applied
667	to the structure supporting the antennae.
668	c.  Regulations, restrictions, conditions, or permits of
669	the local government, acting in its regulatory capacity, that
670	limit the number of collocations or require review processes
671	inconsistent with this subsection shall not apply to
672	collocations addressed in this subparagraph.
673	d.  If only a portion of the collocation does not meet the
674	requirements of this subparagraph, such as an increase in the
675	height of the proposed antennae over the existing structure
676	height or a proposal to expand the ground space approved in the
677	site plan for the equipment enclosure, where all other portions
678	of the collocation meet the requirements of this subparagraph,
679	that portion of the collocation only may be reviewed under the
680	local government's regulations applicable to an initial
681	placement of that portion of the facility, including, but not
682	limited to, its land development regulations, and within the
683	review timeframes of subparagraph (d)2., and the rest of the
684	collocation shall be reviewed in accordance with this
685	subparagraph. However, a collocation proposal under this
686	subparagraph that increases the ground space area, otherwise
687	known as the compound, approved in the original site plan for
688	equipment enclosures and ancillary facilities by no more than a
689	cumulative amount of 400 square feet or 50 percent of the
690	original compound size, whichever is greater, shall require no
691	more than administrative review for compliance with the local
692	government's regulations, including, but not limited to, land
693	development regulations review and building-permit review, with
694	no public hearing review. This sub-subparagraph shall not
695	preclude a public hearing for any appeal of the decision on the
696	collocation application.
697	2.  If a collocation does not meet the requirements of
698	subparagraph 1., the local government may review the application
699	under the local government's regulations, including, but not
700	limited to, land development regulations, applicable to the
701	placement of an initial antennae and its accompanying equipment
702	enclosure and ancillary facilities.
703	3.  If a collocation meets the requirements of subparagraph
704	1., the collocation shall not be considered a modification to an
705	existing structure or an impermissible modification of a
706	nonconforming structure.
707	4.  The Nothing herein shall relieve the permitholder for
708	or owner of the existing tower on which the proposed antennae
709	are to be collocated shall remain responsible for structure of
710	compliance with any applicable condition or requirement of a
711	permit, or agreement, or any applicable condition or requirement
712	of the land development regulations to which the existing tower
713	had to comply at the time the tower was permitted regulation,
714	including any aesthetic requirements, provided the condition or
715	requirement is not inconsistent with this paragraph or law.
716	5.  An existing tower, including a nonconforming tower, may
717	be structurally modified in order to permit collocation or may
718	be replaced through no more than administrative review and
719	building permit review, and is not subject to public hearing
720	review, if the overall height of the tower is not increased and,
721	if a replacement, the replacement tower is a monopole tower or,
722	if the existing tower is a camouflaged tower, the replacement
723	tower is a like-camouflaged tower. This subparagraph shall not
724	preclude a public hearing for any appeal of the decision on the
725	application.
726	(b)1.  A local government's land development and
727	construction regulations for wireless communications facilities
728	and the local government's review of an application for the
729	placement, construction, or modification of a wireless
730	communications facility shall only address land development or
731	zoning issues. In such local government regulations or review,
732	the local government may not require information on or evaluate
733	a wireless provider's business decisions about its service,
734	customer demand for its service, or quality of its service to or
735	from a particular area or site, unless the wireless provider
736	voluntarily offers this information to the local government. In
737	such local government regulations or review, a local government
738	may not require information on or evaluate the wireless
739	provider's designed service unless the information or materials
740	are directly related to an identified land development or zoning
741	issue or unless the wireless provider voluntarily offers the
742	information. Information or materials directly related to an
743	identified land development or zoning issue may include, but are
744	not limited to, evidence that no existing structure can
745	reasonably be used for the antennae placement instead of the
746	construction of a new tower, that residential areas cannot be
747	served from outside the residential area, as addressed in
748	subparagraph 3., or that the proposed height of a new tower or
749	initial antennae placement or a proposed height increase of a
750	modified tower, replacement tower, or collocation is necessary
751	to provide the provider's designed service. Nothing in this
752	paragraph shall limit the local government from reviewing any
753	applicable land development or zoning issue addressed in its
754	adopted regulations that do not conflict with this section,
755	including, but not limited to, aesthetics, landscaping, land use
756	based location priorities, structural design, and setbacks.
757	2.  Any setback or distance separation required of a tower
758	may not exceed the minimum distance necessary, as determined by
759	the local government, to satisfy the structural safety or
760	aesthetic concerns that are to be protected by the setback or
761	distance separation.
762	3.  A local government may exclude the placement of
763	wireless communications facilities in a residential area or
764	residential zoning district but only in a manner that does not
765	constitute an actual or effective prohibition of the provider's
766	service in that residential area or zoning district. If a
767	wireless provider demonstrates to the satisfaction of the local
768	government that the provider cannot reasonably provide its
769	service to the residential area or zone from outside the
770	residential area or zone, the municipality or county and
771	provider shall cooperate to determine an appropriate location
772	for a wireless communications facility of an appropriate design
773	within the residential area or zone. The local government may
774	require that the wireless provider reimburse the reasonable
775	costs incurred by the local government for this cooperative
776	determination. An application for such cooperative determination
777	shall not be considered an application under paragraph (d).
778	4.  A local government may impose a reasonable fee on
779	applications to place, construct, or modify a wireless
780	communications facility only if a similar fee is imposed on
781	applicants seeking other similar types of zoning, land use, or
782	building-permit review. A local government may impose fees for
783	the review of applications for wireless communications
784	facilities by consultants or experts who conduct code compliance
785	review for the local government but any fee is limited to
786	specifically identified reasonable expenses incurred in the
787	review. A local government may impose reasonable surety
788	requirements to ensure the removal of wireless communications
789	facilities that are no longer being used.
790	5.  A local government may impose design requirements, such
791	as requirements for designing towers to support collocation or
792	aesthetic requirements, except as otherwise limited in this
793	section, but shall not impose or require information on
794	compliance with building code type standards for the
795	construction or modification of wireless communications
796	facilities beyond those adopted by the local government under
797	chapter 553 and that apply to all similar types of construction.
798	(c)(b)  Local governments may shall not require wireless
799	providers to provide evidence of a wireless communications
800	facility's compliance with federal regulations, except. However,
801	local governments shall receive evidence of compliance with
802	applicable Federal Aviation Administration requirements under 14
803	C.F.R. s. 77, as amended, and evidence of proper Federal
804	Communications Commission licensure, or other evidence of
805	Federal Communications Commission authorized spectrum use, but
806	from a provider and may request the Federal Communications
807	Commission to provide information as to a wireless provider's
808	compliance with federal regulations, as authorized by federal
809	law.
810	(d)(c)1.  A local government shall grant or deny each a
811	properly completed application for a collocation permit,
812	including permits under subparagraph (a)1. based on the
813	application's compliance with the local government's applicable
814	regulations, as provided for in subparagraph (a)1. and
815	consistent with this subsection, and paragraph (a), for the
816	colocation of a wireless communications facility on property,
817	buildings, or structures within the local government's
818	jurisdiction within the normal timeframe for a similar building-
819	permit review but in no case later than 45 business days after
820	the date the properly completed application is determined to be
821	properly completed in accordance with this paragraph initially
822	submitted in accordance with the applicable local government
823	application procedures, provided that such permit complies with
824	applicable federal regulations and applicable local zoning or
825	land development regulations, including any aesthetic
826	requirements. Local building regulations shall apply.
827	2.  A local government shall grant or deny each a properly
828	completed application for any other wireless communications
829	facility based on the application's compliance with the local
830	government's applicable regulations, including, but not limited
831	to, land development regulations, consistent with this
832	subsection and within the normal timeframe for a similar type
833	review but in no case later than a permit for the siting of a
834	new wireless tower or antenna on property, buildings, or
835	structures within the local government's jurisdiction within 90
836	business days after the date the properly completed application
837	is determined to be properly completed in accordance with this
838	paragraph initially submitted in accordance with the applicable
839	local government application procedures, provided that such
840	permit complies with applicable federal regulations and
841	applicable local zoning or land development regulations,
842	including any aesthetic requirements. Local building regulations
843	shall apply.
844	3.a.  An application is deemed submitted or resubmitted on
845	the date the application is received by the local government. If
846	the local government does not shall notify the permit applicant
847	in writing that the application is not completed in compliance
848	with the local government's regulations within 20 business days
849	after the date the application is initially submitted or
850	additional information resubmitted, as to whether the
851	application is deemed, for administrative purposes only, to be
852	properly completed and has been properly submitted. However, the
853	such determination shall not be deemed as an approval of the
854	application. If the application is not completed in compliance
855	with the local government's regulations, the local government
856	shall so notify the applicant in writing and the Such
857	notification must shall indicate with specificity any
858	deficiencies in the required documents or deficiencies in the
859	content of the required documents which, if cured, shall make
860	the application properly completed. Upon resubmission of
861	information to cure the stated deficiencies, the local
862	government shall notify the applicant, in writing, within the
863	normal timeframes of review, but in no case longer than 20
864	business days after the additional information is submitted, of
865	any remaining deficiencies that must be cured. Deficiencies in
866	document type or content not specified by the local government
867	do not make the application incomplete. Notwithstanding this
868	sub-subparagraph, if a specified deficiency is not properly
869	cured when the applicant resubmits its application to comply
870	with the notice of deficiencies, the local government may
871	continue to request the information until such time as the
872	specified deficiency is cured. The local government may
873	establish reasonable timeframes within which the required
874	information to cure the application deficiency is to be provided
875	or the application will be considered withdrawn or closed.
876	b.  If the local government fails to grant or deny a
877	properly completed application for a wireless communications
878	facility permit which has been properly submitted within the
879	timeframes set forth in this paragraph, the application permit
880	shall be deemed automatically approved and the applicant
881	provider may proceed with placement of the such facilities
882	without interference or penalty. The timeframes specified in
883	subparagraph subparagraphs 1. and 2. may shall be extended only
884	to the extent that the application permit has not been granted
885	or denied because the local government's procedures generally
886	applicable to all other similar types of applications permits,
887	require action by the governing body and such action has not
888	taken place within the timeframes specified in subparagraph
889	subparagraphs 1. and 2. Under such circumstances, the local
890	government must act to either grant or deny the application
891	permit at its next regularly scheduled meeting or, otherwise,
892	the application is permit shall be deemed to be automatically
893	approved.
894	c.  To be effective, a waiver of the timeframes set forth
895	in this paragraph herein must be voluntarily agreed to by the
896	applicant and the local government. A local government may
897	request, but not require, a waiver of the timeframes by the
898	applicant an entity seeking a permit, except that, with respect
899	to a specific application permit, a one-time waiver may be
900	required in the case of a declared local, state, or federal
901	emergency that directly affects the administration of all
902	permitting activities of the local government.
903	(d)  Any additional wireless communications facilities,
904	such as communication cables, adjacent accessory structures, or
905	adjacent accessory equipment used in the provision of cellular,
906	enhanced specialized mobile radio, or personal communications
907	services, required within the existing secured equipment
908	compound within the existing site shall be deemed a permitted
909	use or activity. Local building and land development
910	regulations, including any aesthetic requirements, shall apply.
911	(e)  The replacement of or modification to a wireless
912	communications facility, except a tower, that results in a
913	wireless communications facility not readily discernibly
914	different in size, type, and appearance when viewed from ground
915	level from surrounding properties, and the replacement or
916	modification of equipment that is not visible from surrounding
917	properties, all as reasonably determined by the local
918	government, are subject to no more than applicable building-
919	permit review.
920	(f)(e)  Any other provision of law to the contrary
921	notwithstanding, the Department of Management Services shall
922	negotiate, in the name of the state, leases for wireless
923	communications facilities that provide access to state
924	government-owned property not acquired for transportation
925	purposes, and the Department of Transportation shall negotiate,
926	in the name of the state, leases for wireless communications
927	facilities that provide access to property acquired for state
928	rights-of-way. On property acquired for transportation purposes,
929	leases shall be granted in accordance with s. 337.251. On other
930	state government-owned property, leases shall be granted on a
931	space available, first-come, first-served basis. Payments
932	required by state government under a lease must be reasonable
933	and must reflect the market rate for the use of the state
934	government-owned property. The Department of Management Services
935	and the Department of Transportation are authorized to adopt
936	rules for the terms and conditions and granting of any such
937	leases.
938	(g)  If any person adversely affected by any action or
939	failure to act or regulation or requirement of a local
940	government in the review or regulation of the wireless
941	communication facilities files an appeal or brings an
942	appropriate action in a court or venue of competent
943	jurisdiction, following the exhaustion of all administrative
944	remedies, the matter shall be considered on an expedited basis.
945	(f)  Any wireless telephone service provider may report to
946	the board no later than September 1, 2003, the specific
947	locations or general areas within a county or municipality where
948	the provider has experienced unreasonable delay to locate
949	wireless telecommunications facilities necessary to provide the
950	needed coverage for compliance with federal Phase II E911
951	requirements using its own network. The provider shall also
952	provide this information to the specifically identified county
953	or municipality no later than September 1, 2003. Unless the
954	board receives no report that unreasonable delays have occurred,
955	the board shall, no later than September 30, 2003, establish a
956	subcommittee responsible for developing a balanced approach
957	between the ability of providers to locate wireless facilities
958	necessary to comply with federal Phase II E911 requirements
959	using the carrier's own network and the desire of counties and
960	municipalities to zone and regulate land uses to achieve public
961	welfare goals. If a subcommittee is established, it shall
962	include representatives from the Florida Telecommunications
963	Industry Association, the Florida Association of Counties, and
964	the Florida League of Cities. The subcommittee shall be charged
965	with developing recommendations for the board and any
966	specifically identified municipality or county to consider
967	regarding actions to be taken for compliance for federal Phase
968	II E911 requirements. In the annual report due to the Governor
969	and the Legislature by February 28, 2004, the board shall
970	include any recommendations developed by the subcommittee to
971	address compliance with federal Phase II E911 requirements.
972	Section 5.  Subsections (2) and (3) of section 365.173,
973	Florida Statutes, are amended to read:
974	365.173  Wireless Emergency Telephone System Fund.--
975	(2)  Subject to any modifications approved by the board
976	pursuant to s. 365.172(6)(a)3. or s. 365.172(8)(c), the moneys
977	in the fund shall be distributed and used only as follows:
978	(a)  Forty-four percent of the moneys shall be distributed
979	each month to counties, based on the total number of wireless
980	subscriber billing addresses in each county, for payment of:
981	1.  Recurring costs of providing 911 or E911 service, as
982	provided by s. 365.171(13)(a)6.
983	2.  Costs to comply with the requirements for E911 service
984	contained in the order and any future rules related to the
985	order.
986
987	Any county that receives funds under this paragraph shall
988	establish a fund to be used exclusively for the receipt and
989	expenditure of the revenues collected under this paragraph. All
990	fees placed in the fund and any interest accrued shall be used
991	solely for costs described in subparagraphs 1. and 2. The money
992	collected and interest earned in this fund shall be appropriated
993	for these purposes by the county commissioners and incorporated
994	into the annual county budget. The fund shall be included within
995	the financial audit performed in accordance with s. 218.39. A
996	county may carry forward, for up to 3 successive calendar years,
997	up to 30 percent of the total funds disbursed to the county by
998	the board during a calendar year for expenditures for capital
999	outlay, capital improvements, or equipment replacement, if such
1000	expenditures are made for the purposes specified in this
1001	paragraph.
1002	(b)  Fifty-four percent of the moneys shall be distributed
1003	in response to sworn invoices submitted to the board by
1004	providers to reimburse such providers for the actual costs
1005	incurred to provide 911 or E911 service, including the costs of
1006	complying with the order. Such costs include costs and expenses
1007	incurred by providers to design, purchase, lease, program,
1008	install, test, upgrade, operate, and maintain all necessary
1009	data, hardware, and software required to provide E911 service.
1010	Up to 2 percent of the funds allocated to providers shall be
1011	retained by the board to be applied to costs and expenses
1012	incurred for the purposes of managing, administering, and
1013	overseeing the receipts and disbursements from the fund and
1014	other activities as defined in s. 365.172(6). Any funds retained
1015	for such purposes in a calendar year which are not applied to
1016	such costs and expenses by March 31 of the following year shall
1017	be distributed to providers pursuant to this paragraph.
1018	Beginning in state fiscal year 2000-2001, Each provider shall
1019	submit to the board, by August 1 of each year, a detailed
1020	estimate of the capital and operating expenses for which it
1021	anticipates that it will seek reimbursement under this paragraph
1022	during the ensuing state fiscal year. By September 15 of each
1023	year, the board shall submit to the Legislature its legislative
1024	budget request for funds to be allocated to providers under this
1025	paragraph during the ensuing state fiscal year. The budget
1026	request shall be based on the information submitted by the
1027	providers and estimated surcharge revenues. Distributions of
1028	moneys in the fund by the board to providers must be fair and
1029	nondiscriminatory. If the total amount of moneys requested by
1030	providers pursuant to invoices submitted to the board and
1031	approved for payment exceeds the amount in the fund in any
1032	month, providers that have invoices approved for payment shall
1033	receive a pro rata share of moneys in the fund and the balance
1034	of the payments shall be carried over to the following month or
1035	months until all of the approved payments are made. The board
1036	may adopt rules necessary to address the manner in which pro
1037	rata distributions are made when the total amount of funds
1038	requested by providers pursuant to invoices submitted to the
1039	board exceeds the total amount of moneys on deposit in the fund.
1040	(c)  Two percent of the moneys shall be used to make
1041	monthly distributions to rural counties for the purpose of
1042	providing facilities and network and service enhancements and
1043	assistance for the 911 or E911 systems operated by rural
1044	counties and for the provision of reimbursable loans and grants
1045	by the office to rural counties for upgrading 911 systems.
1046
1047	The Legislature recognizes that the wireless E911 fee authorized
1048	under s. 365.172 will not necessarily provide the total funding
1049	required for establishing or providing the 911 service. It is
1050	the intent of the Legislature that all revenue from the fee be
1051	used as specified in s. 365.171(13)(a)6.
1052	(3)  Through fiscal year 2008-2009, the Auditor General
1053	shall annually audit the fund to ensure that moneys in the fund
1054	are being managed in accordance with this section and s.
1055	365.172. The Auditor General shall provide a report of the
1056	annual audit to the board.
1057	Section 6.  Paragraph (a) of subsection (3) of section
1058	337.401, Florida Statutes, is amended to read:
1059	337.401  Use of right-of-way for utilities subject to
1060	regulation; permit; fees.--
1061	(3)(a)1.  Because of the unique circumstances applicable to
1062	providers of communications services, including, but not limited
1063	to, the circumstances described in paragraph (e) and the fact
1064	that federal and state law require the nondiscriminatory
1065	treatment of providers of telecommunications services, and
1066	because of the desire to promote competition among providers of
1067	communications services, it is the intent of the Legislature
1068	that municipalities and counties treat providers of
1069	communications services in a nondiscriminatory and competitively
1070	neutral manner when imposing rules or regulations governing the
1071	placement or maintenance of communications facilities in the
1072	public roads or rights-of-way. Rules or regulations imposed by a
1073	municipality or county relating to providers of communications
1074	services placing or maintaining communications facilities in its
1075	roads or rights-of-way must be generally applicable to all
1076	providers of communications services and, notwithstanding any
1077	other law, may not require a provider of communications
1078	services, except as otherwise provided in subparagraph 2., to
1079	apply for or enter into an individual license, franchise, or
1080	other agreement with the municipality or county as a condition
1081	of placing or maintaining communications facilities in its roads
1082	or rights-of-way. In addition to other reasonable rules or
1083	regulations that a municipality or county may adopt relating to
1084	the placement or maintenance of communications facilities in its
1085	roads or rights-of-way under this subsection, a municipality or
1086	county may require a provider of communications services that
1087	places or seeks to place facilities in its roads or rights-of-
1088	way to register with the municipality or county and to provide
1089	the name of the registrant; the name, address, and telephone
1090	number of a contact person for the registrant; the number of the
1091	registrant's current certificate of authorization issued by the
1092	Florida Public Service Commission or the Federal Communications
1093	Commission; and proof of insurance or self-insuring status
1094	adequate to defend and cover claims. Nothing in this
1095	subparagraph is intended to limit or expand any existing zoning
1096	or land use authority of a municipality or county; however, no
1097	such zoning or land use authority may require an individual
1098	license, franchise, or other agreement as prohibited by this
1099	subparagraph.
1100	2.  Notwithstanding the provisions of subparagraph 1., a
1101	municipality or county may, as provided by 47 U.S.C. s. 541,
1102	award one or more franchises within its jurisdiction for the
1103	provision of cable service, and a provider of cable service
1104	shall not provide cable service without such franchise. Each
1105	municipality and county retains authority to negotiate all terms
1106	and conditions of a cable service franchise allowed by federal
1107	law and s. 166.046, except those terms and conditions related to
1108	franchise fees and the definition of gross revenues or other
1109	definitions or methodologies related to the payment or
1110	assessment of franchise fees and permit fees as provided in
1111	paragraph (c) on providers of cable services. A municipality or
1112	county may exercise its right to require from providers of cable
1113	service in-kind requirements, including, but not limited to,
1114	institutional networks, and contributions for, or in support of,
1115	the use or construction of public, educational, or governmental
1116	access facilities to the extent permitted by federal law. A
1117	provider of cable service may exercise its right to recover any
1118	such expenses associated with such in-kind requirements, to the
1119	extent permitted by federal law.
1120	Section 7.  This act shall take effect July 1, 2005.

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