Senate Bill sb0620c1
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By the Committee on Communications and Public Utilities; and
Senator Bennett
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1 A bill to be entitled
2 An act relating to the wireless emergency
3 telephone system; amending s. 11.45, F.S.;
4 removing the annual audit of the Wireless
5 Emergency Telephone System Fund from the duties
6 of the Auditor General; amending s. 364.02,
7 F.S.; revising fee schedules for providers of
8 interexchange telecommunications services;
9 amending s. 365.171, F.S.; revising provisions
10 for certain nonemergency telephone number pilot
11 projects; amending s. 365.172, F.S.; limiting
12 application of definitions; adding definitions
13 relating to wireless telephone communications;
14 revising duties of the Wireless 911 Board;
15 providing for grants and loans to certain
16 counties for the purpose of upgrading E911
17 systems; authorizing the hiring of an executive
18 director and an independent, private attorney;
19 specifying that state and local governments are
20 not customers for specified purposes; providing
21 legislative intent regarding the emergency
22 wireless telephone system; providing standards
23 for local governments to follow when regulating
24 the placement, construction, or modification of
25 a wireless communications facility; directing
26 local governments to grant or deny properly
27 completed applications within specified time
28 periods; providing criteria and procedures for
29 local approval of an application by a provider
30 of wireless communications services;
31 authorizing the local government to impose an
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1 application fee; directing local governments to
2 notify a provider in writing of the
3 deficiencies in an application; directing local
4 governments to notify a provider in writing
5 whether the resubmission of information
6 properly completes the application; permitting
7 local governments to continue requesting
8 information until the application deficiencies
9 are cured; providing for a limited review by a
10 local government of an accessory wireless
11 communications facility; prohibiting local
12 governments from imposing certain restrictions
13 on wireless communications facilities;
14 providing that an action brought by a person
15 adversely affected by a decision of a local
16 government relating to a wireless
17 communications facility shall be considered on
18 an expedited basis; removing certain complaint
19 procedures; amending s. 365.173, F.S.;
20 directing how a county may use funds derived
21 from the E911 fee; requiring the board of
22 county commissioners to appropriate the funds
23 to the proper uses; removing the requirement
24 that the Auditor General annually audit the
25 E911 fund; amending s. 337.401, F.S.; revising
26 provisions relating to use of right-of-way for
27 utilities subject to regulation to remove
28 certain application provisions; providing an
29 effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Subsection (2) of section 11.45, Florida
2 Statutes, is amended to read:
3 11.45 Definitions; duties; authorities; reports;
4 rules.--
5 (2) DUTIES.--The Auditor General shall:
6 (a) Conduct audits of records and perform related
7 duties as prescribed by law, concurrent resolution of the
8 Legislature, or as directed by the Legislative Auditing
9 Committee.
10 (b) Annually conduct a financial audit of state
11 government.
12 (c) Annually conduct financial audits of all
13 universities and district boards of trustees of community
14 colleges.
15 (d) Annually conduct financial audits of the accounts
16 and records of all district school boards in counties with
17 populations of fewer than 150,000, according to the most
18 recent federal decennial statewide census.
19 (e) Annually conduct an audit of the Wireless
20 Emergency Telephone System Fund as described in s. 365.173.
21 (e)(f) Annually conduct audits of the accounts and
22 records of the Florida School for the Deaf and the Blind.
23 (f)(g) At least every 2 years, conduct operational
24 audits of the accounts and records of state agencies and
25 universities. In connection with these audits, the Auditor
26 General shall give appropriate consideration to reports issued
27 by state agencies' inspectors general or universities'
28 inspectors general and the resolution of findings therein.
29 (g)(h) At least every 2 years, conduct a performance
30 audit of the local government financial reporting system,
31 which, for the purpose of this chapter, means any statutory
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1 provisions related to local government financial reporting.
2 The purpose of such an audit is to determine the accuracy,
3 efficiency, and effectiveness of the reporting system in
4 achieving its goals and to make recommendations to the local
5 governments, the Governor, and the Legislature as to how the
6 reporting system can be improved and how program costs can be
7 reduced. The Auditor General shall determine the scope of such
8 audits. The local government financial reporting system should
9 provide for the timely, accurate, uniform, and cost-effective
10 accumulation of financial and other information that can be
11 used by the members of the Legislature and other appropriate
12 officials to accomplish the following goals:
13 1. Enhance citizen participation in local government;
14 2. Improve the financial condition of local
15 governments;
16 3. Provide essential government services in an
17 efficient and effective manner; and
18 4. Improve decisionmaking on the part of the
19 Legislature, state agencies, and local government officials on
20 matters relating to local government.
21 (h)(i) Once every 3 years, conduct performance audits
22 of the Department of Revenue's administration of the ad
23 valorem tax laws as described in s. 195.096.
24 (i)(j) Once every 3 years, conduct financial audits of
25 the accounts and records of all district school boards in
26 counties with populations of 125,000 or more, according to the
27 most recent federal decennial statewide census.
28 (j)(k) Once every 3 years, review a sample of each
29 state agency's internal audit reports to determine compliance
30 with current Standards for the Professional Practice of
31
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1 Internal Auditing or, if appropriate, government auditing
2 standards.
3 (k)(l) Conduct audits of local governmental entities
4 when determined to be necessary by the Auditor General, when
5 directed by the Legislative Auditing Committee, or when
6 otherwise required by law. No later than 18 months after the
7 release of the audit report, the Auditor General shall perform
8 such appropriate followup procedures as he or she deems
9 necessary to determine the audited entity's progress in
10 addressing the findings and recommendations contained within
11 the Auditor General's previous report. The Auditor General
12 shall provide a copy of his or her determination to each
13 member of the audited entity's governing body and to the
14 Legislative Auditing Committee.
15
16 The Auditor General shall perform his or her duties
17 independently but under the general policies established by
18 the Legislative Auditing Committee. This subsection does not
19 limit the Auditor General's discretionary authority to conduct
20 other audits or engagements of governmental entities as
21 authorized in subsection (3).
22 Section 2. Subsection (13) of section 364.02, Florida
23 Statutes, is amended to read:
24 364.02 Definitions.--As used in this chapter:
25 (13) "Telecommunications company" includes every
26 corporation, partnership, and person and their lessees,
27 trustees, or receivers appointed by any court whatsoever, and
28 every political subdivision in the state, offering two-way
29 telecommunications service to the public for hire within this
30 state by the use of a telecommunications facility. The term
31 "telecommunications company" does not include:
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1 (a) An entity which provides a telecommunications
2 facility exclusively to a certificated telecommunications
3 company;
4 (b) An entity which provides a telecommunications
5 facility exclusively to a company which is excluded from the
6 definition of a telecommunications company under this
7 subsection;
8 (c) A commercial mobile radio service provider;
9 (d) A facsimile transmission service;
10 (e) A private computer data network company not
11 offering service to the public for hire;
12 (f) A cable television company providing cable service
13 as defined in 47 U.S.C. s. 522; or
14 (g) An intrastate interexchange telecommunications
15 company.
16
17 However, each commercial mobile radio service provider and
18 each intrastate interexchange telecommunications company shall
19 continue to be liable for any taxes imposed under pursuant to
20 chapters 202, 203 and 212 and any fees assessed under s.
21 pursuant to ss. 364.025 and 364.336. Each intrastate
22 interexchange telecommunications company shall continue to be
23 subject to ss. 364.04, 364.10(3)(a) and (d), 364.163, 364.285,
24 364.336, 364.501, 364.603, and 364.604, shall provide the
25 commission with the such current information as the commission
26 deems necessary to contact and communicate with the company,
27 shall continue to pay intrastate switched network access rates
28 or other intercarrier compensation to the local exchange
29 telecommunications company or the competitive local exchange
30 telecommunications company for the origination and termination
31 of interexchange telecommunications service, and shall reduce
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1 its intrastate long distance toll rates in accordance with s.
2 364.163(2).
3 Section 3. Paragraph (a) of subsection (13) of section
4 365.171, Florida Statutes, is amended to read:
5 365.171 Emergency telephone number "911."--
6 (13) "911" FEE.--
7 (a) Following approval by referendum as set forth in
8 paragraph (b), or following approval by a majority vote of its
9 board of county commissioners, a county may impose a "911" fee
10 to be paid by the local exchange subscribers within its
11 boundaries served by the "911" service. Proceeds from the
12 "911" fee shall be used only for "911" expenditures as set
13 forth in subparagraph 6. The manner of imposing and collecting
14 said payment shall be as follows:
15 1. At the request of the county subscribing to "911"
16 service, the telephone company shall, insofar as is
17 practicable, bill the "911" fee to the local exchange
18 subscribers served by the "911" service, on an individual
19 access line basis, at a rate not to exceed 50 cents per month
20 per line (up to a maximum of 25 access lines per account bill
21 rendered). However, the fee may not be assessed on any pay
22 telephone in this state. A county collecting the fee for the
23 first time may collect the fee for no longer than 36 months
24 without initiating the acquisition of its "911" equipment.
25 2. Fees collected by the telephone company pursuant to
26 subparagraph 1. shall be returned to the county, less the
27 costs of administration retained pursuant to paragraph (c).
28 The county shall provide a minimum of 90 days' written notice
29 to the telephone company prior to the collection of any "911"
30 fees.
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1 3. Any county that currently has an operational "911"
2 system or that is actively pursuing the implementation of a
3 "911" system shall establish a fund to be used exclusively for
4 receipt and expenditure of "911" fee revenues collected
5 pursuant to this section. All fees placed in said fund, and
6 any interest accrued thereupon, shall be used solely for "911"
7 costs described in subparagraph 6. The money collected and
8 interest earned in this fund shall be appropriated for "911"
9 purposes by the county commissioners and incorporated into the
10 annual county budget. Such fund shall be included within the
11 financial audit performed in accordance with s. 218.39. A
12 report of the audit shall be forwarded to the office within 60
13 days of its completion. A county may carry forward on an
14 annual basis unspent moneys in the fund for expenditures
15 allowed by this section, or it may reduce its fee. However, in
16 no event shall a county carry forward more than 10 percent of
17 the "911" fee billed for the prior year. The amount of moneys
18 carried forward each year may be accumulated in order to allow
19 for capital improvements described in this subsection. The
20 carryover shall be documented by resolution of the board of
21 county commissioners expressing the purpose of the carryover
22 or by an adopted capital improvement program identifying
23 projected expansion or replacement expenditures for "911"
24 equipment and service features, or both. In no event shall the
25 "911" fee carryover surplus moneys be used for any purpose
26 other than for the "911" equipment, service features, and
27 installation charges authorized in subparagraph 6. Nothing in
28 this section shall prohibit a county from using other sources
29 of revenue for improvements, replacements, or expansions of
30 its "911" system. A county may increase its fee for purposes
31 authorized in this section. However, in no case shall the fee
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1 exceed 50 cents per month per line. All current "911" fees
2 shall be reported to the office within 30 days of the start of
3 each county's fiscal period. Any fee adjustment made by a
4 county shall be reported to the office. A county shall give
5 the telephone company a 90-day written notice of such fee
6 adjustment.
7 4. The telephone company shall have no obligation to
8 take any legal action to enforce collection of the "911" fee.
9 The telephone company shall provide quarterly to the county a
10 list of the names, addresses, and telephone numbers of any and
11 all subscribers who have identified to the telephone company
12 their refusal to pay the "911" fee.
13 5. The county subscribing to "911" service shall
14 remain liable to the telephone company for any "911" service,
15 equipment, operation, or maintenance charge owed by the county
16 to the telephone company.
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18 As used in this paragraph, "telephone company" means an
19 exchange telephone service provider of "911" service or
20 equipment to any county within its certificated area.
21 6. It is the intent of the Legislature that the "911"
22 fee authorized by this section to be imposed by counties will
23 not necessarily provide the total funding required for
24 establishing or providing the "911" service. For purposes of
25 this section, "911" service includes the functions of database
26 management, call taking, location verification, and call
27 transfer. The following costs directly attributable to the
28 establishment and/or provision of "911" service are eligible
29 for expenditure of moneys derived from imposition of the "911"
30 fee authorized by this section: the acquisition,
31 implementation, and maintenance of Public Safety Answering
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1 Point (PSAP) equipment and "911" service features, as defined
2 in the Florida Public Service Commission's lawfully approved
3 "911" and related tariffs and/or the acquisition,
4 installation, and maintenance of other "911" equipment,
5 including call answering equipment, call transfer equipment,
6 ANI controllers, ALI controllers, ANI displays, ALI displays,
7 station instruments, "911" telecommunications systems,
8 teleprinters, logging recorders, instant playback recorders,
9 telephone devices for the deaf (TDD) used in the "911" system,
10 PSAP backup power systems, consoles, automatic call
11 distributors, and interfaces (hardware and software) for
12 computer-aided dispatch (CAD) systems; salary and associated
13 expenses for "911" call takers for that portion of their time
14 spent taking and transferring "911" calls; salary and
15 associated expenses for a county to employ a full-time
16 equivalent "911" coordinator position and a full-time
17 equivalent staff assistant position per county for the portion
18 of their time spent administrating the "911" system; training
19 costs for PSAP call takers in the proper methods and
20 techniques used in taking and transferring "911" calls; and
21 expenses required to develop and maintain all information (ALI
22 and ANI databases and other information source repositories)
23 necessary to properly inform call takers as to location
24 address, type of emergency, and other information directly
25 relevant to the "911" call-taking and transferring function;
26 and, in a county defined in s. 125.011(1), such expenses
27 related to a nonemergency "311" system, or similar
28 nonemergency system, which improves the overall efficiency of
29 an existing "911" system or reduces "911" emergency response
30 time for a 2-year pilot project that ends June 30, 2003.
31 However, No wireless telephone service provider shall be
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1 required to participate in any this pilot project or to
2 otherwise implement a nonemergency "311" system or similar
3 nonemergency system. The "911" fee revenues shall not be used
4 to pay for any item not listed, including, but not limited to,
5 any capital or operational costs for emergency responses which
6 occur after the call transfer to the responding public safety
7 entity and the costs for constructing buildings, leasing
8 buildings, maintaining buildings, or renovating buildings,
9 except for those building modifications necessary to maintain
10 the security and environmental integrity of the PSAP and "911"
11 equipment rooms.
12 7. It is the goal of the Legislature that enhanced
13 "911" service be available throughout the state. Expenditure
14 by counties of the "911" fees authorized by this section
15 should support this goal to the greatest extent feasible
16 within the context of local service needs and fiscal
17 capability. Nothing in this section shall be construed to
18 prohibit two or more counties from establishing a combined
19 emergency "911" telephone service by interlocal agreement and
20 utilizing the "911" fees authorized by this section for such
21 combined "911" service.
22 Section 4. Subsections (3), (6), and (11) and
23 paragraphs (a) and (c) of subsection (8) of section 365.172,
24 Florida Statutes, are amended to read:
25 365.172 Wireless emergency telephone number "E911."--
26 (3) DEFINITIONS.--Only as used in this section and ss.
27 365.173 and 365.174, the term:
28 (a) "Active prepaid wireless telephone" means a
29 prepaid wireless telephone that has been used by the customer
30 during the month to complete a telephone call for which the
31 customer's card or balance was decremented.
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1 (b) "Answering point" means the public safety agency
2 that receives incoming 911 calls and dispatches appropriate
3 public safety agencies to respond to the such calls.
4 (c) "Automatic location identification" means the
5 capability of the E911 service which enables the automatic
6 display of information that defines the approximate geographic
7 location of the wireless telephone used to place a 911 call.
8 (d) "Automatic number identification" means the
9 capability of the E911 service which enables the automatic
10 display of the 10-digit service number used to place a 911
11 call.
12 (e) "Board" means the board of directors of the
13 Wireless 911 Board.
14 (f) "Building-permit review" means a review for
15 compliance with building construction standards adopted by the
16 local government under chapter 553 and does not include a
17 review for compliance with land development regulations.
18 "Office" means the State Technology Office.
19 (g) "Collocation" means the situation when a second or
20 subsequent wireless provider uses an existing structure to
21 locate a second or subsequent antennae. The term includes the
22 ground, platform, or roof installation of equipment
23 enclosures, cabinets, or buildings, and cables, brackets, and
24 other equipment associated with the location and operation of
25 the antennae.
26 (h) "Designed service" means the configuration and
27 manner of deployment of service the wireless provider has
28 designed for an area as part of its network.
29 (i)(g) "E911" is the designation for a wireless
30 enhanced 911 system or wireless enhanced 911 service that is
31 an emergency telephone system or service that provides a
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1 subscriber with wireless 911 service and, in addition, directs
2 911 calls to appropriate public safety answering points by
3 selective routing based on the geographical location from
4 which the call originated, or as otherwise provided in the
5 state plan under s. 365.171, and that provides for automatic
6 number identification and automatic location-identification
7 features in accordance with the requirements of the order.
8 (j) "Existing structure" means a structure that exists
9 at the time an application for permission to place antennae on
10 a structure is filed with a local government. The term
11 includes any structure that can structurally support the
12 attachment of antennae in compliance with applicable codes.
13 (k)(h) "Fee" means the E911 fee imposed under
14 subsection (8).
15 (l)(i) "Fund" means the Wireless Emergency Telephone
16 System Fund established in s. 365.173 and maintained under
17 this section for the purpose of recovering the costs
18 associated with providing 911 service or E911 service,
19 including the costs of implementing the order.
20 (m) "Historic building, structure, site, object, or
21 district" means any building, structure, site, object, or
22 district that has been officially designated as a historic
23 building, historic structure, historic site, historic object,
24 or historic district through a federal, state, or local
25 designation program.
26 (n) "Land development regulations" means any ordinance
27 enacted by a local government for the regulation of any aspect
28 of development, including an ordinance governing zoning,
29 subdivisions, landscaping, tree protection, or signs, the
30 local government's comprehensive plan, or any other ordinance
31 concerning any aspect of the development of land. The term
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1 does not include any building construction standard adopted
2 under and in compliance with chapter 553.
3 (o)(j) "Local exchange carrier" means a "competitive
4 local exchange telecommunications company" or a "local
5 exchange telecommunications company" as defined in s. 364.02.
6 (p)(k) "Local government" means any municipality,
7 county, or political subdivision or agency of a municipality,
8 county, or political subdivision.
9 (q) "Medium county" means any county that has a
10 population of 75,000 or more but less than 750,000.
11 (r)(l) "Mobile telephone number" or "MTN" means the
12 telephone number assigned to a wireless telephone at the time
13 of initial activation.
14 (s) "Office" means the State Technology Office.
15 (t)(m) "Order" means:
16 1. The following orders and rules of the Federal
17 Communications Commission issued in FCC Docket No. 94-102:
18 a. Order adopted on June 12, 1996, with an effective
19 date of October 1, 1996, the amendments to s. 20.03 and the
20 creation of s. 20.18 of Title 47 of the Code of Federal
21 Regulations adopted by the Federal Communications Commission
22 pursuant to such order.
23 b. Memorandum and Order No. FCC 97-402 adopted on
24 December 23, 1997.
25 c. Order No. FCC DA 98-2323 adopted on November 13,
26 1998.
27 d. Order No. FCC 98-345 adopted December 31, 1998.
28 2. Orders and rules subsequently adopted by the
29 Federal Communications Commission relating to the provision of
30 wireless 911 services.
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1 (u)(o) "Prepaid wireless telephone service" means
2 wireless telephone service that is activated in advance by
3 payment for a finite dollar amount of service or for a finite
4 set of minutes that terminate either upon use by a customer
5 and delivery by the wireless provider of an agreed-upon amount
6 of service corresponding to the total dollar amount paid in
7 advance or within a certain period of time following the
8 initial purchase or activation, unless additional payments are
9 made.
10 (v)(n) "Provider" or "wireless provider" means a
11 person or entity who provides service and either:
12 1. Is subject to the requirements of the order; or
13 2. Elects to provide wireless 911 service or E911
14 service in this state.
15 (w)(p) "Public agency" means the state and any
16 municipality, county, municipal corporation, or other
17 governmental entity, public district, or public authority
18 located in whole or in part within this state which provides,
19 or has authority to provide, firefighting, law enforcement,
20 ambulance, medical, or other emergency services.
21 (x)(q) "Public safety agency" means a functional
22 division of a public agency which provides firefighting, law
23 enforcement, medical, or other emergency services.
24 (y)(r) "Rural county" means any county that has a
25 population of fewer than 75,000.
26 (z)(s) "Service" means "commercial mobile radio
27 service" as provided under ss. 3(27) and 332(d) of the Federal
28 Telecommunications Act of 1996, 47 U.S.C., ss. 151 et seq.,
29 and the Omnibus Budget Reconciliation Act of 1993, Pub. L. No.
30 103-66, August 10, 1993, 107 Stat. 312. The term "service"
31 includes the term "wireless" and service provided by any
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1 wireless real-time two-way wire communication device,
2 including radio-telephone communications used in cellular
3 telephone service; personal communications service; or the
4 functional or competitive equivalent of a radio-telephone
5 communications line used in cellular telephone service, a
6 personal communications service, or a network radio access
7 line. The term does not include wireless providers that offer
8 mainly dispatch service in a more localized, noncellular
9 configuration; providers offering only data, one-way, or
10 stored-voice services on an interconnected basis; providers of
11 air-to-ground services; or public coast stations.
12 (aa)(t) "Service number" means the unique 10-digit
13 wireless telephone number assigned to a service subscriber.
14 (bb)(u) "Sufficient positive balance" means a dollar
15 amount greater than or equal to the monthly wireless surcharge
16 amount.
17 (cc) "Tower" means any structure designed primarily to
18 support a wireless provider's antennae.
19 (dd) "Wireless communications facility" means any
20 equipment or facility used to provide service and may include,
21 but is not limited to, antennae, towers, equipment enclosures,
22 cabling, antenna brackets, and other such equipment. Placing a
23 wireless communications facility on an existing structure does
24 not cause the existing structure to become a wireless
25 communications facility.
26 (ee)(v) "Wireless 911 system" or "wireless 911
27 service" means an emergency telephone system or service that
28 provides a subscriber with the ability to reach an answering
29 point by dialing the digits "911." A wireless 911 system is
30 complementary to a wired 911 system as provided for in s.
31 365.171.
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1 (6) AUTHORITY OF THE BOARD; ANNUAL REPORT.--
2 (a) The board shall:
3 1. Administer the E911 fee.
4 2. Implement, maintain, and oversee the fund.
5 3. Review and oversee the disbursement of the revenues
6 deposited into the fund as provided in s. 365.173. The board
7 may establish a schedule for implementing wireless E911
8 service by service area, and prioritize disbursements of
9 revenues from the fund to providers and rural counties as
10 provided in s. 365.173(2)(b) and (c) pursuant to the schedule,
11 in order to implement E911 services in the most efficient and
12 cost-effective manner. Revenues collected and deposited into
13 the fund for distribution as provided in s. 365.173(2)(b), but
14 which have not been disbursed because sworn invoices as
15 required by 365.173(2)(b) have not been submitted to the
16 board, may be utilized by the board as needed to provide
17 grants to rural counties and loans to medium counties for the
18 purpose of upgrading E911 systems. Grants provided to rural
19 counties would be in addition to disbursements provided under
20 s. 365.173(2)(c). Loans provided to medium counties shall be
21 based on county hardship criteria as determined and approved
22 by the board. Revenues utilized for this purpose shall be
23 fully repaid to the fund in a manner and under a timeframe as
24 determined and approved by the board. The board shall take all
25 actions within its authority to ensure that county recipients
26 of such grants and loans utilize these funds only for the
27 purpose under which they have been provided and may take any
28 actions within its authority to secure county repayment of
29 grant and loan revenues upon determination that the funds were
30 not utilized for the purpose under which they were provided.
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1 4. Review documentation submitted by providers which
2 reflects current and projected funds derived from the E911
3 fee, and the expenses incurred and expected to be incurred, in
4 order to comply with the E911 service requirements contained
5 in the order for the purposes of:
6 a. Ensuring that providers receive fair and equitable
7 distributions of funds from the fund.
8 b. Ensuring that providers are not provided
9 disbursements from the fund which exceed the costs of
10 providing E911 service, including the costs of complying with
11 the order.
12 c. Ascertaining the projected costs of compliance with
13 the requirements of the order and projected collections of the
14 E911 fee.
15 d. Implementing changes to the allocation percentages
16 or reducing the E911 fee under paragraph (8)(c).
17 5. Review and approve or reject, in whole or in part,
18 applications submitted by providers for recovery of moneys
19 deposited into the fund.
20 6. Hire and retain employees, which may include an
21 independent executive director who shall possess experience in
22 the area of telecommunications and emergency 911 issues, for
23 the purposes of performing the technical and administrative
24 functions for the board.
25 7. Make and enter into contracts, pursuant to chapter
26 287, and execute other instruments necessary or convenient for
27 the exercise of the powers and functions of the board.
28 8. Take all necessary and reasonable steps by July 1,
29 2000, to secure appropriate information and reports from
30 providers and otherwise perform all of the functions that
31 would be performed by an independent accounting firm prior to
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1 completing the request-for-proposals process under subsection
2 (7).
3 9. Sue and be sued, and appear and defend in all
4 actions and proceedings, in its corporate name to the same
5 extent as a natural person.
6 10. Adopt, use, and alter a common corporate seal.
7 11. Elect or appoint the officers and agents that are
8 required by the affairs of the board.
9 12. The board may adopt rules under ss. 120.536(1) and
10 120.54 to implement this section and ss. 365.173 and 365.174.
11 13. Provide coordination, support, and technical
12 assistance to counties to promote the deployment of advanced
13 911 and E911 systems in the state.
14 14. Provide coordination and support for educational
15 opportunities related to 911 issues for the 911 community in
16 this state.
17 15. Act as an advocate for issues related to 911
18 system functions, features, and operations to improve the
19 delivery of 911 services to the residents of and visitors to
20 this state.
21 16. Coordinate input from this state at national
22 forums and associations, to ensure that policies related to
23 911 systems and services are consistent with the policies of
24 the 911 community in this state.
25 17. Work cooperatively with the system director
26 established in s. 365.171(5) to enhance the state of 911
27 services in this state and to provide unified leadership for
28 all 911 issues through planning and coordination.
29 18. Do all acts and things necessary or convenient to
30 carry out the powers granted in this section, including but
31
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1 not limited to, consideration of emerging technology and
2 related cost savings.
3 19. Have the authority to secure the services of an
4 independent, private attorney via invitation to bid, request
5 for proposals, invitation to negotiate, or professional
6 contracts for legal services already established at the
7 Division of Purchasing of the Department of Management
8 Services.
9 (b) Board members shall serve without compensation;
10 however, members are entitled to per diem and travel expenses
11 as provided in s. 112.061.
12 (c) By February 28 of each year, the board shall
13 prepare a report for submission by the office to the Governor,
14 the President of the Senate, and the Speaker of the House of
15 Representatives which reflects, for the immediately preceding
16 calendar year, the quarterly and annual receipts and
17 disbursements of moneys in the fund, the purposes for which
18 disbursements of moneys from the fund have been made, and the
19 availability and status of implementation of E911 service in
20 this state.
21 (d) By February 28, 2001, the board shall undertake
22 and complete a study for submission by the office to the
23 Governor, the President of the Senate, and the Speaker of the
24 House of Representatives which addresses:
25 1. The total amount of E911 fee revenues collected by
26 each provider, the total amount of expenses incurred by each
27 provider to comply with the order, and the amount of moneys on
28 deposit in the fund, all as of December 1, 2000.
29 2. Whether the amount of the E911 fee and the
30 allocation percentages set forth in s. 365.173 should be
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1 adjusted to comply with the requirements of the order, and, if
2 so, a recommended adjustment to the E911 fee.
3 3. Any other issues related to providing wireless E911
4 services.
5 (8) WIRELESS E911 FEE.--
6 (a) Each home service provider shall collect a monthly
7 fee imposed on each customer whose place of primary use is
8 within this state. For purposes of this section, the state and
9 local governments are not customers. The rate of the fee shall
10 be 50 cents per month per each service number, beginning
11 August 1, 1999. The fee shall apply uniformly and be imposed
12 throughout the state.
13 (c) After July 1, 2001, the board may adjust the
14 allocation percentages provided in s. 365.173 or reduce the
15 amount of the fee, or both, if necessary to ensure full cost
16 recovery or prevent overrecovery of costs incurred in the
17 provision of E911 service, including costs incurred or
18 projected to be incurred to comply with the order. Any new
19 allocation percentages or reduced fee may not be adjusted for
20 1 year 2 years. The fee may not exceed 50 cents per month per
21 each service number.
22 (11) FACILITATING E911 SERVICE IMPLEMENTATION.--To
23 balance the public need for reliable E911 services through
24 reliable wireless systems and the public interest served by
25 governmental zoning and land development regulations and
26 notwithstanding any other law or local ordinance to the
27 contrary, the following standards shall apply to a local
28 government's actions, as a regulatory body, in the regulation
29 of the placement, construction, or modification of a wireless
30 communications facility. For the purposes of this subsection
31 only, "local government" shall mean any municipality or county
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1 and any agency of a municipality or county only. The term
2 "local government" does not, however, include any airport, as
3 defined by s. 330.27(2), even if it is owned or controlled by
4 or through a municipality, county, or agency of a municipality
5 or county. Further, notwithstanding anything in this section
6 to the contrary, this subsection does not apply to or control
7 a local government's actions as a property or structure owner
8 in the use of any property or structure owned by such entity
9 for the placement, construction, or modification of wireless
10 communications facilities. In the use of property or
11 structures owned by the local government, however, a local
12 government may not use its regulatory authority so as to avoid
13 compliance with, or in a manner that does not advance, the
14 provisions of this subsection.:
15 (a) Collocation Colocation among wireless telephone
16 service providers is encouraged by the state. To further
17 facilitate agreements among providers for colocation of their
18 facilities, any antennae and related equipment to service the
19 antennae that is being colocated on an existing above-ground
20 structure is not subject to land development regulation
21 pursuant to s. 163.3202, provided the height of the existing
22 structure is not increased. However, construction of the
23 antennae and related equipment is subject to local building
24 regulations and any existing permits or agreements for such
25 property, buildings, or structures.
26 1.a. Collocations on towers, including nonconforming
27 towers, that meet the requirements in sub-sub-subparagraphs
28 (I), (II), and (III), are subject to only building-permit
29 review which may include a review for compliance with this
30 subparagraph. Such collocations are not subject to any design
31 or placement requirements of the local government's land
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1 development regulations in effect at the time of the
2 collocation that are more restrictive than those in effect at
3 the time of the initial antennae placement approval, to any
4 other portion of the land development regulations, or to
5 public hearing or public input review.
6 (I) The collocation does not increase the height of
7 the tower to which the antennae are to be attached, measured
8 to the highest point of any part of the tower or any existing
9 antenna attached to the tower;
10 (II) The collocation does not increase the ground
11 space area, commonly known as the compound, approved in the
12 site plan for equipment enclosures and ancillary facilities;
13 and
14 (III) The collocation consists of antennae, equipment
15 enclosures, and ancillary facilities that are of a design and
16 configuration consistent with all applicable regulations,
17 restrictions, or conditions, if any, applied to the initial
18 antennae placed on the tower and to its accompanying equipment
19 enclosures and ancillary facilities and, if applicable,
20 applied to the tower supporting the antennae. Such regulations
21 may include the design and aesthetic requirements, but not
22 procedural requirements, other than those authorized by this
23 section, of the local government's land development
24 regulations in effect at the time the initial antennae
25 placement was approved.
26 b. Except for a historic building, structure, site,
27 object, or district, or a tower included in sub-subparagraph
28 a., collocations on all other existing structures that meet
29 the requirements in sub-sub-subparagraphs (I)-(IV) shall be
30 subject to no more than building-permit review, and an
31 administrative review for compliance with this subparagraph.
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1 Such collocations are not subject to any portion of the local
2 government's land development regulations not addressed
3 herein, or to public hearing or public input review.
4 (I) The collocation does not increase the height of
5 the existing structure to which the antennae are to be
6 attached, measured to the highest point of any part of the
7 structure or any existing antenna attached to the structure;
8 (II) The collocation does not increase the ground
9 space area, otherwise known as the compound, if any, approved
10 in the site plan for equipment enclosures and ancillary
11 facilities;
12 (III) The collocation consists of antennae, equipment
13 enclosures, and ancillary facilities that are of a design and
14 configuration consistent with any applicable structural or
15 aesthetic design requirements and any requirements for
16 location on the structure, but not prohibitions or
17 restrictions on the placement of additional collocations on
18 the existing structure or procedural requirements, other than
19 those authorized by this section, of the local government's
20 land development regulations in effect at the time of the
21 collocation application; and
22 (IV) The collocation consists of antennae, equipment
23 enclosures, and ancillary facilities that are of a design and
24 configuration consistent with all applicable restrictions or
25 conditions, if any, that do not conflict with
26 sub-sub-subparagraph (III) and were applied to the initial
27 antennae placed on the structure and to its accompanying
28 equipment enclosures and ancillary facilities and, if
29 applicable, applied to the structure supporting the antennae.
30 c. Regulations, restrictions, conditions, or permits
31 of the local government, acting in its regulatory capacity,
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1 that limit the number of collocations or require review
2 processes inconsistent with this subsection shall not apply to
3 collocations addressed in this subparagraph.
4 d. If only a portion of the collocation does not meet
5 the requirements of this subparagraph, such as an increase in
6 the height of the proposed antennae over the existing
7 structure height or a proposal to expand the ground space
8 approved in the site plan for the equipment enclosure, where
9 all other portions of the collocation meet the requirements of
10 this subparagraph, that portion of the collocation only may be
11 reviewed under the local government's regulations applicable
12 to an initial placement of that portion of the facility,
13 including, but not limited to, its land development
14 regulations, and within the review timeframes of subparagraph
15 (d)2., and the rest of the collocation shall be reviewed in
16 accordance with this subparagraph. A collocation proposal
17 under this subparagraph that increases the ground space area,
18 otherwise known as the compound, approved in the original site
19 plan for equipment enclosures and ancillary facilities by no
20 more than a cumulative amount of 400 square feet or 50 percent
21 of the original compound size, whichever is greater, shall,
22 however, require no more than administrative review for
23 compliance with the local government's regulations, including,
24 but not limited to, land development regulations review, and
25 building-permit review, with no public hearing or public input
26 review.
27 2. If a collocation does not meet the requirements of
28 subparagraph 1., the local government may review the
29 application under the local government's regulations,
30 including, but not limited to, land development regulations,
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1 applicable to the placement of an initial antennae and its
2 accompanying equipment enclosure and ancillary facilities.
3 3. If a collocation meets the requirements of
4 subparagraph 1., the collocation shall not be considered a
5 modification to an existing structure or an impermissible
6 modification of a nonconforming structure.
7 4. The Nothing herein shall relieve the permitholder
8 for or owner of the existing tower on which the proposed
9 antennae are to be collocated shall remain responsible for
10 structure of compliance with any applicable condition or
11 requirement of a permit, or agreement, or any applicable
12 condition or requirement of the land development regulations
13 regulation to which the existing tower had to comply at the
14 time the tower was permitted, including any aesthetic
15 requirements, provided the condition or requirement is not
16 inconsistent with this paragraph or law.
17 5. An existing tower, including a nonconforming tower,
18 may be structurally modified in order to permit collocation or
19 may be replaced through no more than administrative review,
20 with no public hearing or public input review, and
21 building-permit review if the overall height of the tower is
22 not increased and, if a replacement, the replacement tower is
23 a monopole tower or, if the existing tower is a camouflaged
24 tower, the replacement tower is a like-camouflaged tower.
25 (b)1. A local government's land development and
26 construction regulations for wireless communications
27 facilities and the local government's review of an application
28 for the placement, construction, or modification of a wireless
29 communications facility shall only address land development or
30 zoning issues. In such local government regulations or review,
31 the local government may not require information on or
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1 evaluate a wireless provider's business decisions about its
2 service, customer demand for its service, or quality of its
3 service to or from a particular area or site, unless the
4 wireless provider voluntarily offers this information to the
5 local government. In such local government regulations or
6 review, a local government may not require information on or
7 evaluate the wireless provider's designed service unless the
8 information or materials are directly related to an identified
9 land development or zoning issue or unless the wireless
10 provider voluntarily offers the information. Information or
11 materials directly related to an identified land development
12 or zoning issue may include, but are not limited to, evidence
13 that no existing structure can reasonably be used for the
14 antennae placement instead of the construction of a new tower,
15 that residential areas cannot be served from outside the
16 residential area, as addressed in subparagraph 3., or that the
17 proposed height of a new tower or initial antennae placement
18 or a proposed height increase of a modified tower, replacement
19 tower, or collocation is necessary to provide the provider's
20 designed service. Nothing in this paragraph shall limit the
21 local government from reviewing any applicable land
22 development or zoning issue addressed in its adopted
23 regulations that do not conflict with this section, including,
24 but not limited to, aesthetics, landscaping, land use based
25 location priorities, structural design, and setbacks.
26 2. Any setback or distance separation required of a
27 tower may not exceed the minimum distance necessary, as
28 determined by the local government, to satisfy the structural
29 safety or aesthetic concerns that are to be protected by the
30 setback or distance separation.
31
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1 3. A local government may exclude the placement of
2 wireless communications facilities in a residential area or
3 residential zoning district but only in a manner that does not
4 constitute an actual or effective prohibition of the
5 provider's designed service in that residential area or zoning
6 district. If a wireless provider demonstrates to the
7 satisfaction of the local government that it cannot reasonably
8 provide its designed service to the residential area or zone
9 from outside the residential area or zone, the local
10 government and provider shall cooperate to determine an
11 appropriate location for a wireless communications facility of
12 an appropriate design within the residential area or zone. The
13 local government may require that the wireless provider
14 reimburse the reasonable costs incurred by the local
15 government for this cooperative determination. An application
16 for such cooperative determination shall not be considered an
17 application under paragraph (11)(d).
18 4. A local government may impose a reasonable fee on
19 applications to place, construct, or modify a wireless
20 communications facility only if a similar fee is imposed on
21 applicants seeking other similar types of zoning, land use, or
22 building-permit review. A local government may impose fees for
23 the review of applications for wireless communications
24 facilities by consultants or experts who conduct code
25 compliance review for the local government but any fee is
26 limited to specifically identified reasonable expenses
27 incurred in the review. A local government may impose
28 reasonable surety requirements to ensure the removal of
29 wireless communications facilities that are no longer being
30 used.
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1 5. A local government may impose design requirements,
2 such as requirements for designing towers to support
3 collocation or aesthetic requirements, except as otherwise
4 limited in this section, but shall not impose or require
5 information on compliance with building code type standards
6 for the construction or modification of wireless
7 communications facilities beyond those adopted by the local
8 government under chapter 553 and that apply to all similar
9 types of construction.
10 (c)(b) Local governments may shall not require
11 wireless providers to provide evidence of a wireless
12 communications facility's compliance with federal regulations,
13 except. However, local governments shall receive evidence of
14 compliance with applicable Federal Aviation Administration
15 requirements under 14 C.F.R. s. 77, as amended, and evidence
16 of proper Federal Communications Commission licensure, or
17 other evidence of Federal Communications Commission authorized
18 spectrum use, but from a provider and may request the Federal
19 Communications Commission to provide information as to a
20 wireless provider's compliance with federal regulations, as
21 authorized by federal law.
22 (d)(c)1. A local government shall grant or deny each a
23 properly completed application for a collocation permit,
24 including permits under subparagraph (11)(a)1. paragraph (a),
25 for the colocation of a wireless communications facility on
26 property, buildings, or structures within the local
27 government's jurisdiction within the normal timeframe for a
28 similar building-permit review but in no case later than 45
29 business days after the date the properly completed
30 application is determined to be properly completed in
31 accordance with this paragraph initially submitted in
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1 accordance with the applicable local government application
2 procedures, provided that such permit complies with applicable
3 federal regulations and applicable local zoning or land
4 development regulations, including any aesthetic requirements.
5 Local building regulations shall apply.
6 2. A local government shall grant or deny each a
7 properly completed application for any other wireless
8 communications facility within the normal timeframe for a
9 similar type review but in no case later than a permit for the
10 siting of a new wireless tower or antenna on property,
11 buildings, or structures within the local government's
12 jurisdiction within 90 business days after the date the
13 properly completed application is determined to be properly
14 completed in accordance with this paragraph initially
15 submitted in accordance with the applicable local government
16 application procedures, provided that such permit complies
17 with applicable federal regulations and applicable local
18 zoning or land development regulations, including any
19 aesthetic requirements. Local building regulations shall
20 apply.
21 3.a. An application is deemed submitted or resubmitted
22 on the date the application is received by the local
23 government. If the local government does not shall notify the
24 permit applicant in writing that the application is not
25 completed in compliance with the local government's
26 regulations within 20 business days after the date the
27 application is initially submitted or additional information
28 resubmitted, as to whether the application is deemed, for
29 administrative purposes only, to be properly completed and has
30 been properly submitted. However, the such determination shall
31 not be deemed as an approval of the application. If the
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1 application is not completed in compliance with the local
2 government's regulations, the local government shall so notify
3 the applicant in writing and the Such notification must shall
4 indicate with specificity any deficiencies in the required
5 documents or deficiencies in the content of the required
6 documents which, if cured, shall make the application properly
7 completed. Upon resubmission of information to cure the stated
8 deficiencies, the local government shall notify the applicant,
9 in writing, within the normal timeframes of review, but in no
10 case longer than 20 business days after the additional
11 information is submitted, of any remaining deficiencies that
12 must be cured. Deficiencies in document type or content not
13 specified by the local government do not make the application
14 incomplete. Notwithstanding this sub-subparagraph, if a
15 specified deficiency is not properly cured when the applicant
16 resubmits its application to comply with the notice of
17 deficiencies, the local government may continue to request the
18 information until such time as the specified deficiency is
19 cured. The local government may establish reasonable
20 timeframes within which the required information to cure the
21 application deficiency is to be provided or the application
22 will be considered withdrawn or closed.
23 b. If the local government fails to grant or deny a
24 properly completed application for a wireless communications
25 facility permit which has been properly submitted within the
26 timeframes set forth in this paragraph, the application permit
27 shall be deemed automatically approved and the applicant
28 provider may proceed with placement of the such facilities
29 without interference or penalty. The timeframes specified in
30 subparagraph subparagraphs 1. and 2. may shall be extended
31 only to the extent that the application permit has not been
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1 granted or denied because the local government's procedures
2 generally applicable to all other similar types of
3 applications permits, require action by the governing body and
4 such action has not taken place within the timeframes
5 specified in subparagraph subparagraphs 1. and 2. Under such
6 circumstances, the local government must act to either grant
7 or deny the application permit at its next regularly scheduled
8 meeting or, otherwise, the application is permit shall be
9 deemed to be automatically approved.
10 c. To be effective, a waiver of the timeframes set
11 forth in this paragraph herein must be voluntarily agreed to
12 by the applicant and the local government. A local government
13 may request, but not require, a waiver of the timeframes by
14 the applicant an entity seeking a permit, except that, with
15 respect to a specific application permit, a one-time waiver
16 may be required in the case of a declared local, state, or
17 federal emergency that directly affects the administration of
18 all permitting activities of the local government.
19 (d) Any additional wireless communications facilities,
20 such as communication cables, adjacent accessory structures,
21 or adjacent accessory equipment used in the provision of
22 cellular, enhanced specialized mobile radio, or personal
23 communications services, required within the existing secured
24 equipment compound within the existing site shall be deemed a
25 permitted use or activity. Local building and land development
26 regulations, including any aesthetic requirements, shall
27 apply.
28 (e) The replacement of or modification to a wireless
29 communications facility, except a tower, that results in a
30 wireless communications facility not readily discernibly
31 different in size, type, and appearance when viewed from
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1 ground level from surrounding properties, and the replacement
2 or modification of equipment that is not visible from
3 surrounding properties, all as reasonably determined by the
4 local government, are subject to no more than applicable
5 building-permit review.
6 (f)(e) Any other provision of law to the contrary
7 notwithstanding, the Department of Management Services shall
8 negotiate, in the name of the state, leases for wireless
9 communications facilities that provide access to state
10 government-owned property not acquired for transportation
11 purposes, and the Department of Transportation shall
12 negotiate, in the name of the state, leases for wireless
13 communications facilities that provide access to property
14 acquired for state rights-of-way. On property acquired for
15 transportation purposes, leases shall be granted in accordance
16 with s. 337.251. On other state government-owned property,
17 leases shall be granted on a space available, first-come,
18 first-served basis. Payments required by state government
19 under a lease must be reasonable and must reflect the market
20 rate for the use of the state government-owned property. The
21 Department of Management Services and the Department of
22 Transportation are authorized to adopt rules for the terms and
23 conditions and granting of any such leases.
24 (g) If any person adversely affected by any action or
25 failure to act or regulation or requirement of a local
26 government in the review or regulation of the wireless
27 communication facilities files an appeal or brings an
28 appropriate action in a court or venue of competent
29 jurisdiction, following the exhaustion of all administrative
30 remedies, the matter shall be considered on an expedited
31 basis.
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1 (f) Any wireless telephone service provider may report
2 to the board no later than September 1, 2003, the specific
3 locations or general areas within a county or municipality
4 where the provider has experienced unreasonable delay to
5 locate wireless telecommunications facilities necessary to
6 provide the needed coverage for compliance with federal Phase
7 II E911 requirements using its own network. The provider shall
8 also provide this information to the specifically identified
9 county or municipality no later than September 1, 2003. Unless
10 the board receives no report that unreasonable delays have
11 occurred, the board shall, no later than September 30, 2003,
12 establish a subcommittee responsible for developing a balanced
13 approach between the ability of providers to locate wireless
14 facilities necessary to comply with federal Phase II E911
15 requirements using the carrier's own network and the desire of
16 counties and municipalities to zone and regulate land uses to
17 achieve public welfare goals. If a subcommittee is
18 established, it shall include representatives from the Florida
19 Telecommunications Industry Association, the Florida
20 Association of Counties, and the Florida League of Cities. The
21 subcommittee shall be charged with developing recommendations
22 for the board and any specifically identified municipality or
23 county to consider regarding actions to be taken for
24 compliance for federal Phase II E911 requirements. In the
25 annual report due to the Governor and the Legislature by
26 February 28, 2004, the board shall include any recommendations
27 developed by the subcommittee to address compliance with
28 federal Phase II E911 requirements.
29 Section 5. Subsections (2) and (3) of section 365.173,
30 Florida Statutes, are amended to read:
31 365.173 Wireless Emergency Telephone System Fund.--
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1 (2) Subject to any modifications approved by the board
2 pursuant to s. 365.172(6)(a)3. or s. 365.172(8)(c), the moneys
3 in the fund shall be distributed and used only as follows:
4 (a) Forty-four percent of the moneys shall be
5 distributed each month to counties, based on the total number
6 of wireless subscriber billing addresses in each county, for
7 payment of:
8 1. Recurring costs of providing 911 or E911 service,
9 as provided by s. 365.171(13)(a)6.
10 2. Costs to comply with the requirements for E911
11 service contained in the order and any future rules related to
12 the order.
13
14 Any county that receives funds under this paragraph shall
15 establish a fund to be used exclusively for the receipt and
16 expenditure of the revenues collected under this paragraph.
17 All fees placed in the fund and any interest accrued shall be
18 used solely for costs described in subparagraphs 1. and 2. The
19 money collected and interest earned in this fund shall be
20 appropriated for these purposes by the county commissioners
21 and incorporated into the annual county budget. The fund shall
22 be included within the financial audit performed in accordance
23 with s. 218.39. A county may carry forward, for up to 3
24 successive calendar years, up to 30 percent of the total funds
25 disbursed to the county by the board during a calendar year
26 for expenditures for capital outlay, capital improvements, or
27 equipment replacement, if such expenditures are made for the
28 purposes specified in this paragraph.
29 (b) Fifty-four percent of the moneys shall be
30 distributed in response to sworn invoices submitted to the
31 board by providers to reimburse such providers for the actual
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1 costs incurred to provide 911 or E911 service, including the
2 costs of complying with the order. Such costs include costs
3 and expenses incurred by providers to design, purchase, lease,
4 program, install, test, upgrade, operate, and maintain all
5 necessary data, hardware, and software required to provide
6 E911 service. Up to 2 percent of the funds allocated to
7 providers shall be retained by the board to be applied to
8 costs and expenses incurred for the purposes of managing,
9 administering, and overseeing the receipts and disbursements
10 from the fund and other activities as defined in s.
11 365.172(6). Any funds retained for such purposes in a calendar
12 year which are not applied to such costs and expenses by March
13 31 of the following year shall be distributed to providers
14 pursuant to this paragraph. Beginning in state fiscal year
15 2000-2001, Each provider shall submit to the board, by August
16 1 of each year, a detailed estimate of the capital and
17 operating expenses for which it anticipates that it will seek
18 reimbursement under this paragraph during the ensuing state
19 fiscal year. By September 15 of each year, the board shall
20 submit to the Legislature its legislative budget request for
21 funds to be allocated to providers under this paragraph during
22 the ensuing state fiscal year. The budget request shall be
23 based on the information submitted by the providers and
24 estimated surcharge revenues. Distributions of moneys in the
25 fund by the board to providers must be fair and
26 nondiscriminatory. If the total amount of moneys requested by
27 providers pursuant to invoices submitted to the board and
28 approved for payment exceeds the amount in the fund in any
29 month, providers that have invoices approved for payment shall
30 receive a pro rata share of moneys in the fund and the balance
31 of the payments shall be carried over to the following month
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1 or months until all of the approved payments are made. The
2 board may adopt rules necessary to address the manner in which
3 pro rata distributions are made when the total amount of funds
4 requested by providers pursuant to invoices submitted to the
5 board exceeds the total amount of moneys on deposit in the
6 fund.
7 (c) Two percent of the moneys shall be used to make
8 monthly distributions to rural counties for the purpose of
9 providing facilities and network and service enhancements and
10 assistance for the 911 or E911 systems operated by rural
11 counties and for the provision of reimbursable loans and
12 grants by the office to rural counties for upgrading 911
13 systems.
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15 The Legislature recognizes that the wireless E911 fee
16 authorized under s. 365.172 will not necessarily provide the
17 total funding required for establishing or providing the 911
18 service. It is the intent of the Legislature that all revenue
19 from the fee be used as specified in s. 365.171(13)(a)6.
20 (3) The Auditor General shall annually audit the fund
21 to ensure that moneys in the fund are being managed in
22 accordance with this section and s. 365.172. The Auditor
23 General shall provide a report of the annual audit to the
24 board.
25 Section 6. Paragraph (a) of subsection (3) of section
26 337.401, Florida Statutes, is amended to read:
27 337.401 Use of right-of-way for utilities subject to
28 regulation; permit; fees.--
29 (3)(a)1. Because of the unique circumstances
30 applicable to providers of communications services, including,
31 but not limited to, the circumstances described in paragraph
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1 (e) and the fact that federal and state law require the
2 nondiscriminatory treatment of providers of telecommunications
3 services, and because of the desire to promote competition
4 among providers of communications services, it is the intent
5 of the Legislature that municipalities and counties treat
6 providers of communications services in a nondiscriminatory
7 and competitively neutral manner when imposing rules or
8 regulations governing the placement or maintenance of
9 communications facilities in the public roads or
10 rights-of-way. Rules or regulations imposed by a municipality
11 or county relating to providers of communications services
12 placing or maintaining communications facilities in its roads
13 or rights-of-way must be generally applicable to all providers
14 of communications services and, notwithstanding any other law,
15 may not require a provider of communications services, except
16 as otherwise provided in subparagraph 2., to apply for or
17 enter into an individual license, franchise, or other
18 agreement with the municipality or county as a condition of
19 placing or maintaining communications facilities in its roads
20 or rights-of-way. In addition to other reasonable rules or
21 regulations that a municipality or county may adopt relating
22 to the placement or maintenance of communications facilities
23 in its roads or rights-of-way under this subsection, a
24 municipality or county may require a provider of
25 communications services that places or seeks to place
26 facilities in its roads or rights-of-way to register with the
27 municipality or county and to provide the name of the
28 registrant; the name, address, and telephone number of a
29 contact person for the registrant; the number of the
30 registrant's current certificate of authorization issued by
31 the Florida Public Service Commission or the Federal
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1 Communications Commission; and proof of insurance or
2 self-insuring status adequate to defend and cover claims.
3 Nothing in this subparagraph is intended to limit or expand
4 any existing zoning or land use authority of a municipality or
5 county; however, no such zoning or land use authority may
6 require an individual license, franchise, or other agreement
7 as prohibited by this subparagraph.
8 2. Notwithstanding the provisions of subparagraph 1.,
9 a municipality or county may, as provided by 47 U.S.C. s. 541,
10 award one or more franchises within its jurisdiction for the
11 provision of cable service, and a provider of cable service
12 shall not provide cable service without such franchise. Each
13 municipality and county retains authority to negotiate all
14 terms and conditions of a cable service franchise allowed by
15 federal law and s. 166.046, except those terms and conditions
16 related to franchise fees and the definition of gross revenues
17 or other definitions or methodologies related to the payment
18 or assessment of franchise fees and permit fees as provided in
19 paragraph (c) on providers of cable services. A municipality
20 or county may exercise its right to require from providers of
21 cable service in-kind requirements, including, but not limited
22 to, institutional networks, and contributions for, or in
23 support of, the use or construction of public, educational, or
24 governmental access facilities to the extent permitted by
25 federal law. A provider of cable service may exercise its
26 right to recover any such expenses associated with such
27 in-kind requirements, to the extent permitted by federal law.
28 Section 7. This act shall take effect July 1, 2005.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 SB 620
3
4 The Committee Substitute for Senate Bill 620 makes the
following changes:
5
-Adds definitions, deletes definition, and limits application
6 of definitions.
7 -Authorizes the Wireless E911 Board to utilize revenues from
the Wireless Providers Trust Fund to provide grants to rural
8 counties and loans to medium counties to upgrade their E911
systems and requires full repayment of the funds in a manner
9 and timeframe as approved by the Board.
10 -Excludes airports from the definition of "local government"
for the purposes of local government siting of wireless
11 facilities.
12 -Provides for three types of collocations and provides
different criteria and standards of review for each.
13
-Authorizes local governments to impose a reasonable surety
14 requirement on wireless providers to ensure the removal of
wireless communications facilities that are no longer being
15 used.
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