Senate Bill sb0620c2

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    Florida Senate - 2005                     CS for CS for SB 620

    By the Committees on Governmental Oversight and Productivity;
    Communications and Public Utilities; and Senator Bennett




    585-1972-05

  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 under provisions for the wireless

21         E911 monthly fee; revising timeframe to reduce

22         the amount of the fee or for reallocation of

23         moneys collected for the fee; providing

24         legislative intent regarding the emergency

25         wireless telephone system; providing standards

26         for local governments to follow when regulating

27         the placement, construction, or modification of

28         a wireless communications facility; directing

29         local governments to grant or deny properly

30         completed applications within specified time

31         periods; providing criteria and procedures for

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 1         local approval of an application by a provider

 2         of wireless communications services;

 3         authorizing the local government to impose an

 4         application fee; directing local governments to

 5         notify a provider in writing of the

 6         deficiencies in an application; directing local

 7         governments to notify a provider in writing

 8         whether the resubmission of information

 9         properly completes the application; authorizing

10         local governments to continue requesting

11         information until the application deficiencies

12         are cured; providing for a limited review by a

13         local government of an accessory wireless

14         communications facility; prohibiting local

15         governments from imposing certain restrictions

16         on wireless communications facilities;

17         providing that an action brought by a person

18         adversely affected by a decision of a local

19         government relating to a wireless

20         communications facility shall be considered on

21         an expedited basis; removing certain complaint

22         procedures; amending s. 365.173, F.S.;

23         directing how a county may use funds derived

24         from the E911 fee; requiring the board of

25         county commissioners to appropriate the funds

26         to the proper uses; removing the requirement

27         that the Auditor General annually audit the

28         E911 fund; amending s. 337.401, F.S.; revising

29         provisions relating to use of right-of-way for

30         utilities subject to regulation to remove

31  

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 1         certain application provisions; providing an

 2         effective date.

 3  

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

 5  

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

 7  Statutes, is amended to read:

 8         11.45  Definitions; duties; authorities; reports;

 9  rules.--

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

11         (a)  Conduct audits of records and perform related

12  duties as prescribed by law, concurrent resolution of the

13  Legislature, or as directed by the Legislative Auditing

14  Committee.

15         (b)  Annually conduct a financial audit of state

16  government.

17         (c)  Annually conduct financial audits of all

18  universities and district boards of trustees of community

19  colleges.

20         (d)  Annually conduct financial audits of the accounts

21  and records of all district school boards in counties with

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

23  recent federal decennial statewide census.

24         (e)  Through fiscal year 2008-2009, annually conduct an

25  audit of the Wireless Emergency Telephone System Fund as

26  described in s. 365.173.

27         (f)  Annually conduct audits of the accounts and

28  records of the Florida School for the Deaf and the Blind.

29         (g)  At least every 2 years, conduct operational audits

30  of the accounts and records of state agencies and

31  universities. In connection with these audits, the Auditor

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 1  General shall give appropriate consideration to reports issued

 2  by state agencies' inspectors general or universities'

 3  inspectors general and the resolution of findings therein.

 4         (h)  At least every 2 years, conduct a performance

 5  audit of the local government financial reporting system,

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

 7  provisions related to local government financial reporting.

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

 9  efficiency, and effectiveness of the reporting system in

10  achieving its goals and to make recommendations to the local

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

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

13  reduced. The Auditor General shall determine the scope of such

14  audits. The local government financial reporting system should

15  provide for the timely, accurate, uniform, and cost-effective

16  accumulation of financial and other information that can be

17  used by the members of the Legislature and other appropriate

18  officials to accomplish the following goals:

19         1.  Enhance citizen participation in local government;

20         2.  Improve the financial condition of local

21  governments;

22         3.  Provide essential government services in an

23  efficient and effective manner; and

24         4.  Improve decisionmaking on the part of the

25  Legislature, state agencies, and local government officials on

26  matters relating to local government.

27         (i)  Once every 3 years, conduct performance audits of

28  the Department of Revenue's administration of the ad valorem

29  tax laws as described in s. 195.096.

30         (j)  Once every 3 years, conduct financial audits of

31  the accounts and records of all district school boards in

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

 2  most recent federal decennial statewide census.

 3         (k)  Once every 3 years, review a sample of each state

 4  agency's internal audit reports to determine compliance with

 5  current Standards for the Professional Practice of Internal

 6  Auditing or, if appropriate, government auditing standards.

 7         (l)  Conduct audits of local governmental entities when

 8  determined to be necessary by the Auditor General, when

 9  directed by the Legislative Auditing Committee, or when

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

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

12  such appropriate followup procedures as he or she deems

13  necessary to determine the audited entity's progress in

14  addressing the findings and recommendations contained within

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

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

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

18  Legislative Auditing Committee.

19  

20  The Auditor General shall perform his or her duties

21  independently but under the general policies established by

22  the Legislative Auditing Committee. This subsection does not

23  limit the Auditor General's discretionary authority to conduct

24  other audits or engagements of governmental entities as

25  authorized in subsection (3).

26         Section 2.  Subsection (13) of section 364.02, Florida

27  Statutes, is amended to read:

28         364.02  Definitions.--As used in this chapter:

29         (13)  "Telecommunications company" includes every

30  corporation, partnership, and person and their lessees,

31  trustees, or receivers appointed by any court whatsoever, and

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 1  every political subdivision in the state, offering two-way

 2  telecommunications service to the public for hire within this

 3  state by the use of a telecommunications facility. The term

 4  "telecommunications company" does not include:

 5         (a)  An entity which provides a telecommunications

 6  facility exclusively to a certificated telecommunications

 7  company;

 8         (b)  An entity which provides a telecommunications

 9  facility exclusively to a company which is excluded from the

10  definition of a telecommunications company under this

11  subsection;

12         (c)  A commercial mobile radio service provider;

13         (d)  A facsimile transmission service;

14         (e)  A private computer data network company not

15  offering service to the public for hire;

16         (f)  A cable television company providing cable service

17  as defined in 47 U.S.C. s. 522; or

18         (g)  An intrastate interexchange telecommunications

19  company.

20  

21  However, each commercial mobile radio service provider and

22  each intrastate interexchange telecommunications company shall

23  continue to be liable for any taxes imposed under pursuant to

24  chapters 202, 203 and 212 and any fees assessed under s.

25  pursuant to ss. 364.025 and 364.336. Each intrastate

26  interexchange telecommunications company shall continue to be

27  subject to ss. 364.04, 364.10(3)(a) and (d), 364.163, 364.285,

28  364.336, 364.501, 364.603, and 364.604, shall provide the

29  commission with the such current information as the commission

30  deems necessary to contact and communicate with the company,

31  shall continue to pay intrastate switched network access rates

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 1  or other intercarrier compensation to the local exchange

 2  telecommunications company or the competitive local exchange

 3  telecommunications company for the origination and termination

 4  of interexchange telecommunications service, and shall reduce

 5  its intrastate long distance toll rates in accordance with s.

 6  364.163(2).

 7         Section 3.  Paragraph (a) of subsection (13) of section

 8  365.171, Florida Statutes, is amended to read:

 9         365.171  Emergency telephone number "911."--

10         (13)  "911" FEE.--

11         (a)  Following approval by referendum as set forth in

12  paragraph (b), or following approval by a majority vote of its

13  board of county commissioners, a county may impose a "911" fee

14  to be paid by the local exchange subscribers within its

15  boundaries served by the "911" service. Proceeds from the

16  "911" fee shall be used only for "911" expenditures as set

17  forth in subparagraph 6. The manner of imposing and collecting

18  said payment shall be as follows:

19         1.  At the request of the county subscribing to "911"

20  service, the telephone company shall, insofar as is

21  practicable, bill the "911" fee to the local exchange

22  subscribers served by the "911" service, on an individual

23  access line basis, at a rate not to exceed 50 cents per month

24  per line (up to a maximum of 25 access lines per account bill

25  rendered). However, the fee may not be assessed on any pay

26  telephone in this state. A county collecting the fee for the

27  first time may collect the fee for no longer than 36 months

28  without initiating the acquisition of its "911" equipment.

29         2.  Fees collected by the telephone company pursuant to

30  subparagraph 1. shall be returned to the county, less the

31  costs of administration retained pursuant to paragraph (c).

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 1  The county shall provide a minimum of 90 days' written notice

 2  to the telephone company prior to the collection of any "911"

 3  fees.

 4         3.  Any county that currently has an operational "911"

 5  system or that is actively pursuing the implementation of a

 6  "911" system shall establish a fund to be used exclusively for

 7  receipt and expenditure of "911" fee revenues collected

 8  pursuant to this section. All fees placed in said fund, and

 9  any interest accrued thereupon, shall be used solely for "911"

10  costs described in subparagraph 6. The money collected and

11  interest earned in this fund shall be appropriated for "911"

12  purposes by the county commissioners and incorporated into the

13  annual county budget. Such fund shall be included within the

14  financial audit performed in accordance with s. 218.39. A

15  report of the audit shall be forwarded to the office within 60

16  days of its completion. A county may carry forward on an

17  annual basis unspent moneys in the fund for expenditures

18  allowed by this section, or it may reduce its fee. However, in

19  no event shall a county carry forward more than 10 percent of

20  the "911" fee billed for the prior year. The amount of moneys

21  carried forward each year may be accumulated in order to allow

22  for capital improvements described in this subsection. The

23  carryover shall be documented by resolution of the board of

24  county commissioners expressing the purpose of the carryover

25  or by an adopted capital improvement program identifying

26  projected expansion or replacement expenditures for "911"

27  equipment and service features, or both. In no event shall the

28  "911" fee carryover surplus moneys be used for any purpose

29  other than for the "911" equipment, service features, and

30  installation charges authorized in subparagraph 6. Nothing in

31  this section shall prohibit a county from using other sources

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 1  of revenue for improvements, replacements, or expansions of

 2  its "911" system. A county may increase its fee for purposes

 3  authorized in this section. However, in no case shall the fee

 4  exceed 50 cents per month per line. All current "911" fees

 5  shall be reported to the office within 30 days of the start of

 6  each county's fiscal period. Any fee adjustment made by a

 7  county shall be reported to the office. A county shall give

 8  the telephone company a 90-day written notice of such fee

 9  adjustment.

10         4.  The telephone company shall have no obligation to

11  take any legal action to enforce collection of the "911" fee.

12  The telephone company shall provide quarterly to the county a

13  list of the names, addresses, and telephone numbers of any and

14  all subscribers who have identified to the telephone company

15  their refusal to pay the "911" fee.

16         5.  The county subscribing to "911" service shall

17  remain liable to the telephone company for any "911" service,

18  equipment, operation, or maintenance charge owed by the county

19  to the telephone company.

20  

21  As used in this paragraph, "telephone company" means an

22  exchange telephone service provider of "911" service or

23  equipment to any county within its certificated area.

24         6.  It is the intent of the Legislature that the "911"

25  fee authorized by this section to be imposed by counties will

26  not necessarily provide the total funding required for

27  establishing or providing the "911" service. For purposes of

28  this section, "911" service includes the functions of database

29  management, call taking, location verification, and call

30  transfer. The following costs directly attributable to the

31  establishment and/or provision of "911" service are eligible

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 1  for expenditure of moneys derived from imposition of the "911"

 2  fee authorized by this section: the acquisition,

 3  implementation, and maintenance of Public Safety Answering

 4  Point (PSAP) equipment and "911" service features, as defined

 5  in the Florida Public Service Commission's lawfully approved

 6  "911" and related tariffs and/or the acquisition,

 7  installation, and maintenance of other "911" equipment,

 8  including call answering equipment, call transfer equipment,

 9  ANI controllers, ALI controllers, ANI displays, ALI displays,

10  station instruments, "911" telecommunications systems,

11  teleprinters, logging recorders, instant playback recorders,

12  telephone devices for the deaf (TDD) used in the "911" system,

13  PSAP backup power systems, consoles, automatic call

14  distributors, and interfaces (hardware and software) for

15  computer-aided dispatch (CAD) systems; salary and associated

16  expenses for "911" call takers for that portion of their time

17  spent taking and transferring "911" calls; salary and

18  associated expenses for a county to employ a full-time

19  equivalent "911" coordinator position and a full-time

20  equivalent staff assistant position per county for the portion

21  of their time spent administrating the "911" system; training

22  costs for PSAP call takers in the proper methods and

23  techniques used in taking and transferring "911" calls; and

24  expenses required to develop and maintain all information (ALI

25  and ANI databases and other information source repositories)

26  necessary to properly inform call takers as to location

27  address, type of emergency, and other information directly

28  relevant to the "911" call-taking and transferring function;

29  and, in a county defined in s. 125.011(1), such expenses

30  related to a nonemergency "311" system, or similar

31  nonemergency system, which improves the overall efficiency of

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 1  an existing "911" system or reduces "911" emergency response

 2  time for a 2-year pilot project that ends June 30, 2003.

 3  However, No wireless telephone service provider shall be

 4  required to participate in any this pilot project or to

 5  otherwise implement a nonemergency "311" system or similar

 6  nonemergency system. The "911" fee revenues shall not be used

 7  to pay for any item not listed, including, but not limited to,

 8  any capital or operational costs for emergency responses which

 9  occur after the call transfer to the responding public safety

10  entity and the costs for constructing buildings, leasing

11  buildings, maintaining buildings, or renovating buildings,

12  except for those building modifications necessary to maintain

13  the security and environmental integrity of the PSAP and "911"

14  equipment rooms.

15         7.  It is the goal of the Legislature that enhanced

16  "911" service be available throughout the state. Expenditure

17  by counties of the "911" fees authorized by this section

18  should support this goal to the greatest extent feasible

19  within the context of local service needs and fiscal

20  capability. Nothing in this section shall be construed to

21  prohibit two or more counties from establishing a combined

22  emergency "911" telephone service by interlocal agreement and

23  utilizing the "911" fees authorized by this section for such

24  combined "911" service.

25         Section 4.  Subsections (3), (6), and (11) and

26  paragraphs (a) and (c) of subsection (8) of section 365.172,

27  Florida Statutes, are amended to read:

28         365.172  Wireless emergency telephone number "E911."--

29         (3)  DEFINITIONS.--Only as used in this section and ss.

30  365.173 and 365.174, the term:

31  

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

 2  prepaid wireless telephone that has been used by the customer

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

 4  customer's card or balance was decremented.

 5         (b)  "Answering point" means the public safety agency

 6  that receives incoming 911 calls and dispatches appropriate

 7  public safety agencies to respond to the such calls.

 8         (c)  "Automatic location identification" means the

 9  capability of the E911 service which enables the automatic

10  display of information that defines the approximate geographic

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

12         (d)  "Automatic number identification" means the

13  capability of the E911 service which enables the automatic

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

15  call.

16         (e)  "Board" means the board of directors of the

17  Wireless 911 Board.

18         (f)  "Building-permit review" means a review for

19  compliance with building construction standards adopted by the

20  local government under chapter 553 and does not include a

21  review for compliance with land development regulations.

22  "Office" means the State Technology Office.

23         (g)  "Collocation" means the situation when a second or

24  subsequent wireless provider uses an existing structure to

25  locate a second or subsequent antennae. The term includes the

26  ground, platform, or roof installation of equipment

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

28  other equipment associated with the location and operation of

29  the antennae.

30  

31  

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 1         (h)  "Designed service" means the configuration and

 2  manner of deployment of service the wireless provider has

 3  designed for an area as part of its network.

 4         (i)(g)  "E911" is the designation for a wireless

 5  enhanced 911 system or wireless enhanced 911 service that is

 6  an emergency telephone system or service that provides a

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

 8  911 calls to appropriate public safety answering points by

 9  selective routing based on the geographical location from

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

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

12  number identification and automatic location-identification

13  features in accordance with the requirements of the order.

14         (j)  "Existing structure" means a structure that exists

15  at the time an application for permission to place antennae on

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

17  includes any structure that can structurally support the

18  attachment of antennae in compliance with applicable codes.

19         (k)(h)  "Fee" means the E911 fee imposed under

20  subsection (8).

21         (l)(i)  "Fund" means the Wireless Emergency Telephone

22  System Fund established in s. 365.173 and maintained under

23  this section for the purpose of recovering the costs

24  associated with providing 911 service or E911 service,

25  including the costs of implementing the order.

26         (m)  "Historic building, structure, site, object, or

27  district" means any building, structure, site, object, or

28  district that has been officially designated as a historic

29  building, historic structure, historic site, historic object,

30  or historic district through a federal, state, or local

31  designation program.

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 1         (n)  "Land development regulations" means any ordinance

 2  enacted by a local government for the regulation of any aspect

 3  of development, including an ordinance governing zoning,

 4  subdivisions, landscaping, tree protection, or signs, the

 5  local government's comprehensive plan, or any other ordinance

 6  concerning any aspect of the development of land. The term

 7  does not include any building construction standard adopted

 8  under and in compliance with chapter 553.

 9         (o)(j)  "Local exchange carrier" means a "competitive

10  local exchange telecommunications company" or a "local

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

12         (p)(k)  "Local government" means any municipality,

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

14  county, or political subdivision.

15         (q)  "Medium county" means any county that has a

16  population of 75,000 or more but less than 750,000.

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

18  telephone number assigned to a wireless telephone at the time

19  of initial activation.

20         (s)  "Office" means the State Technology Office.

21         (t)(m)  "Order" means:

22         1.  The following orders and rules of the Federal

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

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

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

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

27  Regulations adopted by the Federal Communications Commission

28  pursuant to such order.

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

30  December 23, 1997.

31  

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

 2  1998.

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

 4         2.  Orders and rules subsequently adopted by the

 5  Federal Communications Commission relating to the provision of

 6  wireless 911 services.

 7         (u)(o)  "Prepaid wireless telephone service" means

 8  wireless telephone service that is activated in advance by

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

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

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

12  of service corresponding to the total dollar amount paid in

13  advance or within a certain period of time following the

14  initial purchase or activation, unless additional payments are

15  made.

16         (v)(n)  "Provider"  or "wireless provider" means a

17  person or entity who provides service and either:

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

19         2.  Elects to provide wireless 911 service or E911

20  service in this state.

21         (w)(p)  "Public agency" means the state and any

22  municipality, county, municipal corporation, or other

23  governmental entity, public district, or public authority

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

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

26  ambulance, medical, or other emergency services.

27         (x)(q)  "Public safety agency" means a functional

28  division of a public agency which provides firefighting, law

29  enforcement, medical, or other emergency services.

30         (y)(r)  "Rural county" means any county that has a

31  population of fewer than 75,000.

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 1         (z)(s)  "Service" means "commercial mobile radio

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

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

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

 5  103-66, August 10, 1993, 107 Stat. 312. The term "service"

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

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

 8  including radio-telephone communications used in cellular

 9  telephone service; personal communications service; or the

10  functional or competitive equivalent of a radio-telephone

11  communications line used in cellular telephone service, a

12  personal communications service, or a network radio access

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

14  mainly dispatch service in a more localized, noncellular

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

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

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

18         (aa)(t)  "Service number" means the unique 10-digit

19  wireless telephone number assigned to a service subscriber.

20         (bb)(u)  "Sufficient positive balance" means a dollar

21  amount greater than or equal to the monthly wireless surcharge

22  amount.

23         (cc)  "Tower" means any structure designed primarily to

24  support a wireless provider's antennae.

25         (dd)  "Wireless communications facility" means any

26  equipment or facility used to provide service and may include,

27  but is not limited to, antennae, towers, equipment enclosures,

28  cabling, antenna brackets, and other such equipment. Placing a

29  wireless communications facility on an existing structure does

30  not cause the existing structure to become a wireless

31  communications facility.

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

 2  service" means an emergency telephone system or service that

 3  provides a subscriber with the ability to reach an answering

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

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

 6  365.171.

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

 8         (a)  The board shall:

 9         1.  Administer the E911 fee.

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

11         3.  Review and oversee the disbursement of the revenues

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

13  may establish a schedule for implementing wireless E911

14  service by service area, and prioritize disbursements of

15  revenues from the fund to providers and rural counties as

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

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

18  cost-effective manner. Revenues collected and deposited into

19  the fund for distribution as provided in s. 365.173(2)(b), but

20  which have not been disbursed because sworn invoices as

21  required by 365.173(2)(b) have not been submitted to the

22  board, may be utilized by the board as needed to provide

23  grants to rural counties and loans to medium counties for the

24  purpose of upgrading E911 systems. Grants provided to rural

25  counties would be in addition to disbursements provided under

26  s. 365.173(2)(c). Loans provided to medium counties shall be

27  based on county hardship criteria as determined and approved

28  by the board. Revenues utilized for this purpose shall be

29  fully repaid to the fund in a manner and under a timeframe as

30  determined and approved by the board. The board shall take all

31  actions within its authority to ensure that county recipients

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 1  of such grants and loans utilize these funds only for the

 2  purpose under which they have been provided and may take any

 3  actions within its authority to secure county repayment of

 4  grant and loan revenues upon determination that the funds were

 5  not utilized for the purpose under which they were provided.

 6         4.  Review documentation submitted by providers which

 7  reflects current and projected funds derived from the E911

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

 9  order to comply with the E911 service requirements contained

10  in the order for the purposes of:

11         a.  Ensuring that providers receive fair and equitable

12  distributions of funds from the fund.

13         b.  Ensuring that providers are not provided

14  disbursements from the fund which exceed the costs of

15  providing E911 service, including the costs of complying with

16  the order.

17         c.  Ascertaining the projected costs of compliance with

18  the requirements of the order and projected collections of the

19  E911 fee.

20         d.  Implementing changes to the allocation percentages

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

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

23  applications submitted by providers for recovery of moneys

24  deposited into the fund.

25         6.  Hire and retain employees, which may include an

26  independent executive director who shall possess experience in

27  the area of telecommunications and emergency 911 issues, for

28  the purposes of performing the technical and administrative

29  functions for the board.

30  

31  

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

 2  287, and execute other instruments necessary or convenient for

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

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

 5  2000, to secure appropriate information and reports from

 6  providers and otherwise perform all of the functions that

 7  would be performed by an independent accounting firm prior to

 8  completing the request-for-proposals process under subsection

 9  (7).

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

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

12  extent as a natural person.

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

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

15  required by the affairs of the board.

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

17  120.54 to implement this section and ss. 365.173 and 365.174.

18         13.  Provide coordination, support, and technical

19  assistance to counties to promote the deployment of advanced

20  911 and E911 systems in the state.

21         14.  Provide coordination and support for educational

22  opportunities related to 911 issues for the 911 community in

23  this state.

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

25  system functions, features, and operations to improve the

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

27  this state.

28         16.  Coordinate input from this state at national

29  forums and associations, to ensure that policies related to

30  911 systems and services are consistent with the policies of

31  the 911 community in this state.

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 1         17.  Work cooperatively with the system director

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

 3  services in this state and to provide unified leadership for

 4  all 911 issues through planning and coordination.

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

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

 7  not limited to, consideration of emerging technology and

 8  related cost savings.

 9         19.  Have the authority to secure the services of an

10  independent, private attorney via invitation to bid, request

11  for proposals, invitation to negotiate, or professional

12  contracts for legal services already established at the

13  Division of Purchasing of the Department of Management

14  Services.

15         (b)  Board members shall serve without compensation;

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

17  as provided in s. 112.061.

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

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

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

21  Representatives which reflects, for the immediately preceding

22  calendar year, the quarterly and annual receipts and

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

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

25  availability and status of implementation of E911 service in

26  this state.

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

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

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

30  House of Representatives which addresses:

31  

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

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

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

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

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

 6  allocation percentages set forth in s. 365.173 should be

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

 8  so, a recommended adjustment to the E911 fee.

 9         3.  Any other issues related to providing wireless E911

10  services.

11         (8)  WIRELESS E911 FEE.--

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

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

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

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

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

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

18  throughout the state.

19         (c)  After July 1, 2001, the board may adjust the

20  allocation percentages provided in s. 365.173 or reduce the

21  amount of the fee, or both, if necessary to ensure full cost

22  recovery or prevent overrecovery of costs incurred in the

23  provision of E911 service, including costs incurred or

24  projected to be incurred to comply with the order. Any new

25  allocation percentages or reduced fee may not be adjusted for

26  1 year 2 years. The fee may not exceed 50 cents per month per

27  each service number.

28         (11)  FACILITATING E911 SERVICE IMPLEMENTATION.--To

29  balance the public need for reliable E911 services through

30  reliable wireless systems and the public interest served by

31  governmental zoning and land development regulations and

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 1  notwithstanding any other law or local ordinance to the

 2  contrary, the following standards shall apply to a local

 3  government's actions, as a regulatory body, in the regulation

 4  of the placement, construction, or modification of a wireless

 5  communications facility. This subsection shall not, however,

 6  be construed to waive or alter the provisions of ss. 286.011

 7  or 286.0115. For the purposes of this subsection only, "local

 8  government" shall mean any municipality or county and any

 9  agency of a municipality or county only. The term "local

10  government" does not, however, include any airport, as defined

11  by s. 330.27(2), even if it is owned or controlled by or

12  through a municipality, county, or agency of a municipality or

13  county. Further, notwithstanding anything in this section to

14  the contrary, this subsection does not apply to or control a

15  local government's actions as a property or structure owner in

16  the use of any property or structure owned by such entity for

17  the placement, construction, or modification of wireless

18  communications facilities. In the use of property or

19  structures owned by the local government, however, a local

20  government may not use its regulatory authority so as to avoid

21  compliance with, or in a manner that does not advance, the

22  provisions of this subsection.:

23         (a)  Collocation Colocation among wireless telephone

24  service providers is encouraged by the state. To further

25  facilitate agreements among providers for colocation of their

26  facilities, any antennae and related equipment to service the

27  antennae that is being colocated on an existing above-ground

28  structure is not subject to land development regulation

29  pursuant to s. 163.3202, provided the height of the existing

30  structure is not increased. However, construction of the

31  antennae and related equipment is subject to local building

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 1  regulations and any existing permits or agreements for such

 2  property, buildings, or structures.

 3         1.a.  Collocations on towers, including nonconforming

 4  towers, that meet the requirements in sub-sub-subparagraphs

 5  (I), (II), and (III), are subject to only building-permit

 6  review which may include a review for compliance with this

 7  subparagraph. Such collocations are not subject to any design

 8  or placement requirements of the local government's land

 9  development regulations in effect at the time of the

10  collocation that are more restrictive than those in effect at

11  the time of the initial antennae placement approval, to any

12  other portion of the land development regulations, or to

13  public hearing review. This sub-subparagraph shall not

14  preclude a public hearing for any appeal of the decision on

15  the collocation application.

16         (I)  The collocation does not increase the height of

17  the tower to which the antennae are to be attached, measured

18  to the highest point of any part of the tower or any existing

19  antenna attached to the tower;

20         (II)  The collocation does not increase the ground

21  space area, commonly known as the compound, approved in the

22  site plan for equipment enclosures and ancillary facilities;

23  and

24         (III)  The collocation consists of antennae, equipment

25  enclosures, and ancillary facilities that are of a design and

26  configuration consistent with all applicable regulations,

27  restrictions, or conditions, if any, applied to the initial

28  antennae placed on the tower and to its accompanying equipment

29  enclosures and ancillary facilities and, if applicable,

30  applied to the tower supporting the antennae. Such regulations

31  may include the design and aesthetic requirements, but not

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 1  procedural requirements, other than those authorized by this

 2  section, of the local government's land development

 3  regulations in effect at the time the initial antennae

 4  placement was approved.

 5         b.  Except for a historic building, structure, site,

 6  object, or district, or a tower included in sub-subparagraph

 7  a., collocations on all other existing structures that meet

 8  the requirements in sub-sub-subparagraphs (I)-(IV) shall be

 9  subject to no more than building-permit review, and an

10  administrative review for compliance with this subparagraph.

11  Such collocations are not subject to any portion of the local

12  government's land development regulations not addressed

13  herein, or to public hearing review. This sub-subparagraph

14  shall not preclude a public hearing for any appeal of the

15  decision on the collocation application.

16         (I)  The collocation does not increase the height of

17  the existing structure to which the antennae are to be

18  attached, measured to the highest point of any part of the

19  structure or any existing antenna attached to the structure;

20         (II)  The collocation does not increase the ground

21  space area, otherwise known as the compound, if any, approved

22  in the site plan for equipment enclosures and ancillary

23  facilities;

24         (III)  The collocation consists of antennae, equipment

25  enclosures, and ancillary facilities that are of a design and

26  configuration consistent with any applicable structural or

27  aesthetic design requirements and any requirements for

28  location on the structure, but not prohibitions or

29  restrictions on the placement of additional collocations on

30  the existing structure or procedural requirements, other than

31  those authorized by this section, of the local government's

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 1  land development regulations in effect at the time of the

 2  collocation application; and

 3         (IV)  The collocation consists of antennae, equipment

 4  enclosures, and ancillary facilities that are of a design and

 5  configuration consistent with all applicable restrictions or

 6  conditions, if any, that do not conflict with

 7  sub-sub-subparagraph (III) and were applied to the initial

 8  antennae placed on the structure and to its accompanying

 9  equipment enclosures and ancillary facilities and, if

10  applicable, applied to the structure supporting the antennae.

11         c.  Regulations, restrictions, conditions, or permits

12  of the local government, acting in its regulatory capacity,

13  that limit the number of collocations or require review

14  processes inconsistent with this subsection shall not apply to

15  collocations addressed in this subparagraph.

16         d.  If only a portion of the collocation does not meet

17  the requirements of this subparagraph, such as an increase in

18  the height of the proposed antennae over the existing

19  structure height or a proposal to expand the ground space

20  approved in the site plan for the equipment enclosure, where

21  all other portions of the collocation meet the requirements of

22  this subparagraph, that portion of the collocation only may be

23  reviewed under the local government's regulations applicable

24  to an initial placement of that portion of the facility,

25  including, but not limited to, its land development

26  regulations, and within the review timeframes of subparagraph

27  (d)2., and the rest of the collocation shall be reviewed in

28  accordance with this subparagraph. A collocation proposal

29  under this subparagraph that increases the ground space area,

30  otherwise known as the compound, approved in the original site

31  plan for equipment enclosures and ancillary facilities by no

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 1  more than a cumulative amount of 400 square feet or 50 percent

 2  of the original compound size, whichever is greater, shall,

 3  however, require no more than administrative review for

 4  compliance with the local government's regulations, including,

 5  but not limited to, land development regulations review, and

 6  building-permit review, with no public hearing review. This

 7  sub-subparagraph shall not preclude a public hearing for any

 8  appeal of the decision on the collocation application.

 9         2.  If a collocation does not meet the requirements of

10  subparagraph 1., the local government may review the

11  application under the local government's regulations,

12  including, but not limited to, land development regulations,

13  applicable to the placement of an initial antennae and its

14  accompanying equipment enclosure and ancillary facilities.

15         3.  If a collocation meets the requirements of

16  subparagraph 1., the collocation shall not be considered a

17  modification to an existing structure or an impermissible

18  modification of a nonconforming structure.

19         4.  The Nothing herein shall relieve the permitholder

20  for or owner of the existing tower on which the proposed

21  antennae are to be collocated shall remain responsible for

22  structure of compliance with any applicable condition or

23  requirement of a permit, or agreement, or any applicable

24  condition or requirement of the land development regulations

25  regulation to which the existing tower had to comply at the

26  time the tower was permitted, including any aesthetic

27  requirements, provided the condition or requirement is not

28  inconsistent with this paragraph or law.

29         5.  An existing tower, including a nonconforming tower,

30  may be structurally modified in order to permit collocation or

31  may be replaced through no more than administrative review and

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 1  building-permit review, and is not subject to public hearing

 2  review, if the overall height of the tower is not increased

 3  and, if a replacement, the replacement tower is a monopole

 4  tower or, if the existing tower is a camouflaged tower, the

 5  replacement tower is a like-camouflaged tower. This

 6  subparagraph shall not preclude a public hearing for any

 7  appeal of the decision on the application.

 8         (b)1.  A local government's land development and

 9  construction regulations for wireless communications

10  facilities and the local government's review of an application

11  for the placement, construction, or modification of a wireless

12  communications facility shall only address land development or

13  zoning issues. In such local government regulations or review,

14  the local government may not require information on or

15  evaluate a wireless provider's business decisions about its

16  service, customer demand for its service, or quality of its

17  service to or from a particular area or site, unless the

18  wireless provider voluntarily offers this information to the

19  local government. In such local government regulations or

20  review, a local government may not require information on or

21  evaluate the wireless provider's designed service unless the

22  information or materials are directly related to an identified

23  land development or zoning issue or unless the wireless

24  provider voluntarily offers the information. Information or

25  materials directly related to an identified land development

26  or zoning issue may include, but are not limited to, evidence

27  that no existing structure can reasonably be used for the

28  antennae placement instead of the construction of a new tower,

29  that residential areas cannot be served from outside the

30  residential area, as addressed in subparagraph 3., or that the

31  proposed height of a new tower or initial antennae placement

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 1  or a proposed height increase of a modified tower, replacement

 2  tower, or collocation is necessary to provide the provider's

 3  designed service. Nothing in this paragraph shall limit the

 4  local government from reviewing any applicable land

 5  development or zoning issue addressed in its adopted

 6  regulations that do not conflict with this section, including,

 7  but not limited to, aesthetics, landscaping, land use based

 8  location priorities, structural design, and setbacks.

 9         2.  Any setback or distance separation required of a

10  tower may not exceed the minimum distance necessary, as

11  determined by the local government, to satisfy the structural

12  safety or aesthetic concerns that are to be protected by the

13  setback or distance separation.

14         3.  A local government may exclude the placement of

15  wireless communications facilities in a residential area or

16  residential zoning district but only in a manner that does not

17  constitute an actual or effective prohibition of the

18  provider's service in that residential area or zoning

19  district. If a wireless provider demonstrates to the

20  satisfaction of the local government that the provider cannot

21  reasonably provide its service to the residential area or zone

22  from outside the residential area or zone, the municipality or

23  county and provider shall cooperate to determine an

24  appropriate location for a wireless communications facility of

25  an appropriate design within the residential area or zone. The

26  local government may require that the wireless provider

27  reimburse the reasonable costs incurred by the local

28  government for this cooperative determination. An application

29  for such cooperative determination shall not be considered an

30  application under paragraph (11)(d).

31  

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 1         4.  A local government may impose a reasonable fee on

 2  applications to place, construct, or modify a wireless

 3  communications facility only if a similar fee is imposed on

 4  applicants seeking other similar types of zoning, land use, or

 5  building-permit review. A local government may impose fees for

 6  the review of applications for wireless communications

 7  facilities by consultants or experts who conduct code

 8  compliance review for the local government but any fee is

 9  limited to specifically identified reasonable expenses

10  incurred in the review. A local government may impose

11  reasonable surety requirements to ensure the removal of

12  wireless communications facilities that are no longer being

13  used.

14         5.  A local government may impose design requirements,

15  such as requirements for designing towers to support

16  collocation or aesthetic requirements, except as otherwise

17  limited in this section, but shall not impose or require

18  information on compliance with building code type standards

19  for the construction or modification of wireless

20  communications facilities beyond those adopted by the local

21  government under chapter 553 and that apply to all similar

22  types of construction.

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

24  wireless providers to provide evidence of a wireless

25  communications facility's compliance with federal regulations,

26  except. However, local governments shall receive evidence of

27  compliance with applicable Federal Aviation Administration

28  requirements under 14 C.F.R. s. 77, as amended, and evidence

29  of proper Federal Communications Commission licensure, or

30  other evidence of Federal Communications Commission authorized

31  spectrum use, but from a provider and may request the Federal

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 1  Communications Commission to provide information as to a

 2  wireless provider's compliance with federal regulations, as

 3  authorized by federal law.

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

 5  properly completed application for a collocation permit,

 6  including permits under subparagraph (11)(a)1. paragraph (a),

 7  for the colocation of a wireless communications facility on

 8  property, buildings, or structures within the local

 9  government's jurisdiction based on the application's

10  compliance with the local government's applicable regulations,

11  as provided for in subparagraph (11)(a)1, and consistent with

12  this subsection, and within the normal timeframe for a similar

13  building-permit review but in no case later than 45 business

14  days after the date the properly completed application is

15  determined to be properly completed in accordance with this

16  paragraph initially submitted in accordance with the

17  applicable local government application procedures, provided

18  that such permit complies with applicable federal regulations

19  and applicable local zoning or land development regulations,

20  including any aesthetic requirements. Local building

21  regulations shall apply.

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

23  properly completed application for any other wireless

24  communications facility based on the application's compliance

25  with the local government's applicable regulations, including

26  but not limited to land development regulations, consistent

27  with this subsection and within the normal timeframe for a

28  similar type review but in no case later than a permit for the

29  siting of a new wireless tower or antenna on property,

30  buildings, or structures within the local government's

31  jurisdiction within 90 business days after the date the

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 1  properly completed application is determined to be properly

 2  completed in accordance with this paragraph initially

 3  submitted in accordance with the applicable local government

 4  application procedures, provided that such permit complies

 5  with applicable federal regulations and applicable local

 6  zoning or land development regulations, including any

 7  aesthetic requirements. Local building regulations shall

 8  apply.

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

10  on the date the application is received by the local

11  government. If the local government does not shall notify the

12  permit applicant in writing that the application is not

13  completed in compliance with the local government's

14  regulations within 20 business days after the date the

15  application is initially submitted or additional information

16  resubmitted, as to whether the application is deemed, for

17  administrative purposes only, to be properly completed and has

18  been properly submitted. However, the such determination shall

19  not be deemed as an approval of the application. If the

20  application is not completed in compliance with the local

21  government's regulations, the local government shall so notify

22  the applicant in writing and the Such notification must shall

23  indicate with specificity any deficiencies in the required

24  documents or deficiencies in the content of the required

25  documents which, if cured, shall make the application properly

26  completed. Upon resubmission of information to cure the stated

27  deficiencies, the local government shall notify the applicant,

28  in writing, within the normal timeframes of review, but in no

29  case longer than 20 business days after the additional

30  information is submitted, of any remaining deficiencies that

31  must be cured. Deficiencies in document type or content not

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 1  specified by the local government do not make the application

 2  incomplete. Notwithstanding this sub-subparagraph, if a

 3  specified deficiency is not properly cured when the applicant

 4  resubmits its application to comply with the notice of

 5  deficiencies, the local government may continue to request the

 6  information until such time as the specified deficiency is

 7  cured. The local government may establish reasonable

 8  timeframes within which the required information to cure the

 9  application deficiency is to be provided or the application

10  will be considered withdrawn or closed.

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

12  properly completed application for a wireless communications

13  facility permit which has been properly submitted within the

14  timeframes set forth in this paragraph, the application permit

15  shall be deemed automatically approved and the applicant

16  provider may proceed with placement of the such facilities

17  without interference or penalty. The timeframes specified in

18  subparagraph subparagraphs 1. and 2. may shall be extended

19  only to the extent that the application permit has not been

20  granted or denied because the local government's procedures

21  generally applicable to all other similar types of

22  applications permits, require action by the governing body and

23  such action has not taken place within the timeframes

24  specified in subparagraph subparagraphs 1. and 2. Under such

25  circumstances, the local government must act to either grant

26  or deny the application permit at its next regularly scheduled

27  meeting or, otherwise, the application is permit shall be

28  deemed to be automatically approved.

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

30  forth in this paragraph herein must be voluntarily agreed to

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

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

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

 3  respect to a specific application permit, a one-time waiver

 4  may be required in the case of a declared local, state, or

 5  federal emergency that directly affects the administration of

 6  all permitting activities of the local government.

 7         (d)  Any additional wireless communications facilities,

 8  such as communication cables, adjacent accessory structures,

 9  or adjacent accessory equipment used in the provision of

10  cellular, enhanced specialized mobile radio, or personal

11  communications services, required within the existing secured

12  equipment compound within the existing site shall be deemed a

13  permitted use or activity. Local building and land development

14  regulations, including any aesthetic requirements, shall

15  apply.

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

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

18  wireless communications facility not readily discernibly

19  different in size, type, and appearance when viewed from

20  ground level from surrounding properties, and the replacement

21  or modification of equipment that is not visible from

22  surrounding properties, all as reasonably determined by the

23  local government, are subject to no more than applicable

24  building-permit review.

25         (f)(e)  Any other provision of law to the contrary

26  notwithstanding, the Department of Management Services shall

27  negotiate, in the name of the state, leases for wireless

28  communications facilities that provide access to state

29  government-owned property not acquired for transportation

30  purposes, and the Department of Transportation shall

31  negotiate, in the name of the state, leases for wireless

                                  33

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 1  communications facilities that provide access to property

 2  acquired for state rights-of-way. On property acquired for

 3  transportation purposes, leases shall be granted in accordance

 4  with s. 337.251. On other state government-owned property,

 5  leases shall be granted on a space available, first-come,

 6  first-served basis. Payments required by state government

 7  under a lease must be reasonable and must reflect the market

 8  rate for the use of the state government-owned property. The

 9  Department of Management Services and the Department of

10  Transportation are authorized to adopt rules for the terms and

11  conditions and granting of any such leases.

12         (g)  If any person adversely affected by any action or

13  failure to act or regulation or requirement of a local

14  government in the review or regulation of the wireless

15  communication facilities files an appeal or brings an

16  appropriate action in a court or venue of competent

17  jurisdiction, following the exhaustion of all administrative

18  remedies, the matter shall be considered on an expedited

19  basis.

20         (f)  Any wireless telephone service provider may report

21  to the board no later than September 1, 2003, the specific

22  locations or general areas within a county or municipality

23  where the provider has experienced unreasonable delay to

24  locate wireless telecommunications facilities necessary to

25  provide the needed coverage for compliance with federal Phase

26  II E911 requirements using its own network. The provider shall

27  also provide this information to the specifically identified

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

29  the board receives no report that unreasonable delays have

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

31  establish a subcommittee responsible for developing a balanced

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 1  approach between the ability of providers to locate wireless

 2  facilities necessary to comply with federal Phase II E911

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

 4  counties and municipalities to zone and regulate land uses to

 5  achieve public welfare goals. If a subcommittee is

 6  established, it shall include representatives from the Florida

 7  Telecommunications Industry Association, the Florida

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

 9  subcommittee shall be charged with developing recommendations

10  for the board and any specifically identified municipality or

11  county to consider regarding actions to be taken for

12  compliance for federal Phase II E911 requirements. In the

13  annual report due to the Governor and the Legislature by

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

15  developed by the subcommittee to address compliance with

16  federal Phase II E911 requirements.

17         Section 5.  Subsections (2) and (3) of section 365.173,

18  Florida Statutes, are amended to read:

19         365.173  Wireless Emergency Telephone System Fund.--

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

21  pursuant to s. 365.172(6)(a)3. or s. 365.172(8)(c), the moneys

22  in the fund shall be distributed and used only as follows:

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

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

25  of wireless subscriber billing addresses in each county, for

26  payment of:

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

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

29         2.  Costs to comply with the requirements for E911

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

31  the order.

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 1  

 2  Any county that receives funds under this paragraph shall

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

 4  expenditure of the revenues collected under this paragraph.

 5  All fees placed in the fund and any interest accrued shall be

 6  used solely for costs described in subparagraphs 1. and 2. The

 7  money collected and interest earned in this fund shall be

 8  appropriated for these purposes by the county commissioners

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

10  be included within the financial audit performed in accordance

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

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

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

14  for expenditures for capital outlay, capital improvements, or

15  equipment replacement, if such expenditures are made for the

16  purposes specified in this paragraph.

17         (b)  Fifty-four percent of the moneys shall be

18  distributed in response to sworn invoices submitted to the

19  board by providers to reimburse such providers for the actual

20  costs incurred to provide 911 or E911 service, including the

21  costs of complying with the order. Such costs include costs

22  and expenses incurred by providers to design, purchase, lease,

23  program, install, test, upgrade, operate, and maintain all

24  necessary data, hardware, and software required to provide

25  E911 service. Up to 2 percent of the funds allocated to

26  providers shall be retained by the board to be applied to

27  costs and expenses incurred for the purposes of managing,

28  administering, and overseeing the receipts and disbursements

29  from the fund and other activities as defined in s.

30  365.172(6). Any funds retained for such purposes in a calendar

31  year which are not applied to such costs and expenses by March

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 1  31 of the following year shall be distributed to providers

 2  pursuant to this paragraph. Beginning in state fiscal year

 3  2000-2001, Each provider shall submit to the board, by August

 4  1 of each year, a detailed estimate of the capital and

 5  operating expenses for which it anticipates that it will seek

 6  reimbursement under this paragraph during the ensuing state

 7  fiscal year. By September 15 of each year, the board shall

 8  submit to the Legislature its legislative budget request for

 9  funds to be allocated to providers under this paragraph during

10  the ensuing state fiscal year. The budget request shall be

11  based on the information submitted by the providers and

12  estimated surcharge revenues. Distributions of moneys in the

13  fund by the board to providers must be fair and

14  nondiscriminatory. If the total amount of moneys requested by

15  providers pursuant to invoices submitted to the board and

16  approved for payment exceeds the amount in the fund in any

17  month, providers that have invoices approved for payment shall

18  receive a pro rata share of moneys in the fund and the balance

19  of the payments shall be carried over to the following month

20  or months until all of the approved payments are made. The

21  board may adopt rules necessary to address the manner in which

22  pro rata distributions are made when the total amount of funds

23  requested by providers pursuant to invoices submitted to the

24  board exceeds the total amount of moneys on deposit in the

25  fund.

26         (c)  Two percent of the moneys shall be used to make

27  monthly distributions to rural counties for the purpose of

28  providing facilities and network and service enhancements and

29  assistance for the 911 or E911 systems operated by rural

30  counties and for the provision of reimbursable loans and

31  

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 1  grants by the office to rural counties for upgrading 911

 2  systems.

 3  

 4  The Legislature recognizes that the wireless E911 fee

 5  authorized under s. 365.172 will not necessarily provide the

 6  total funding required for establishing or providing the 911

 7  service. It is the intent of the Legislature that all revenue

 8  from the fee be used as specified in s. 365.171(13)(a)6.

 9         (3)  Through fiscal year 2008-2009, the Auditor General

10  shall annually audit the fund to ensure that moneys in the

11  fund are being managed in accordance with this section and s.

12  365.172. The Auditor General shall provide a report of the

13  annual audit to the board.

14         Section 6.  Paragraph (a) of subsection (3) of section

15  337.401, Florida Statutes, is amended to read:

16         337.401  Use of right-of-way for utilities subject to

17  regulation; permit; fees.--

18         (3)(a)1.  Because of the unique circumstances

19  applicable to providers of communications services, including,

20  but not limited to, the circumstances described in paragraph

21  (e) and the fact that federal and state law require the

22  nondiscriminatory treatment of providers of telecommunications

23  services, and because of the desire to promote competition

24  among providers of communications services, it is the intent

25  of the Legislature that municipalities and counties treat

26  providers of communications services in a nondiscriminatory

27  and competitively neutral manner when imposing rules or

28  regulations governing the placement or maintenance of

29  communications facilities in the public roads or

30  rights-of-way. Rules or regulations imposed by a municipality

31  or county relating to providers of communications services

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 1  placing or maintaining communications facilities in its roads

 2  or rights-of-way must be generally applicable to all providers

 3  of communications services and, notwithstanding any other law,

 4  may not require a provider of communications services, except

 5  as otherwise provided in subparagraph 2., to apply for or

 6  enter into an individual license, franchise, or other

 7  agreement with the municipality or county as a condition of

 8  placing or maintaining communications facilities in its roads

 9  or rights-of-way. In addition to other reasonable rules or

10  regulations that a municipality or county may adopt relating

11  to the placement or maintenance of communications facilities

12  in its roads or rights-of-way under this subsection, a

13  municipality or county may require a provider of

14  communications services that places or seeks to place

15  facilities in its roads or rights-of-way to register with the

16  municipality or county and to provide the name of the

17  registrant; the name, address, and telephone number of a

18  contact person for the registrant; the number of the

19  registrant's current certificate of authorization issued by

20  the Florida Public Service Commission or the Federal

21  Communications Commission; and proof of insurance or

22  self-insuring status adequate to defend and cover claims.

23  Nothing in this subparagraph is intended to limit or expand

24  any existing zoning or land use authority of a municipality or

25  county; however, no such zoning or land use authority may

26  require an individual license, franchise, or other agreement

27  as prohibited by this subparagraph.

28         2.  Notwithstanding the provisions of subparagraph 1.,

29  a municipality or county may, as provided by 47 U.S.C. s. 541,

30  award one or more franchises within its jurisdiction for the

31  provision of cable service, and a provider of cable service

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 1  shall not provide cable service without such franchise. Each

 2  municipality and county retains authority to negotiate all

 3  terms and conditions of a cable service franchise allowed by

 4  federal law and s. 166.046, except those terms and conditions

 5  related to franchise fees and the definition of gross revenues

 6  or other definitions or methodologies related to the payment

 7  or assessment of franchise fees and permit fees as provided in

 8  paragraph (c) on providers of cable services. A municipality

 9  or county may exercise its right to require from providers of

10  cable service in-kind requirements, including, but not limited

11  to, institutional networks, and contributions for, or in

12  support of, the use or construction of public, educational, or

13  governmental access facilities to the extent permitted by

14  federal law. A provider of cable service may exercise its

15  right to recover any such expenses associated with such

16  in-kind requirements, to the extent permitted by federal law.

17         Section 7.  This act shall take effect July 1, 2005.

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                      CS for Senate Bill 620

 3                                 

 4  Amends an existing requirement in ss. 11.45(2)(e) and
    365.173(3), F.S., that the Auditor General shall conduct an
 5  annual audit of the Wireless Emergency Telephone System Fund,
    to require the audit through fiscal year 2008-2009.
 6  
    Amends new language in s. 365.172(11), F.S., to provide that
 7  the subsection does not waive or alter the public meeting
    provisions of ss. 286.011 or 286.0115, F.S.
 8  
    Deletes from new language in s. 365.172(11), F.S., a provision
 9  that disallowed public input review on decisions relating to
    collocations. Adds provisions that specific sub-subparagraphs
10  do not preclude public hearings for appeals of decisions on
    collocation applications.
11  
    Amends new language in s. 365.172(11)(b)3., F.S., to provide
12  that if a residential area cannot reasonably be served, the
    municipality or county and the provider must work together to
13  find a suitable location to site the provider's service to the
    residential area.
14  
    Provides that local governments must grant or deny each
15  properly completed application for collocation or any other
    wireless communications facility based on the application's
16  compliance with the local government's applicable regulations.

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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