Florida Senate - 2020                                    SB 1472
       
       
        
       By Senator Book
       
       
       
       
       
       32-01791-20                                           20201472__
    1                        A bill to be entitled                      
    2         An act relating to public safety communications
    3         systems; amending s. 365.172, F.S.; authorizing the
    4         Governor to require the improvement of inadequate
    5         communications systems or the specific placement of
    6         towers under certain circumstances; requiring a local
    7         government to reimburse the state for such costs under
    8         certain circumstances; providing factors that the
    9         Division of State Technology within the Department of
   10         Management Services may consider to find that a
   11         community’s communications system is inadequate;
   12         providing a declaration of important state interest;
   13         providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (h) is added to subsection (13) of
   18  section 365.172, Florida Statutes, to read:
   19         365.172 Emergency communications number “E911.”—
   20         (13) FACILITATING E911 SERVICE IMPLEMENTATION.—To balance
   21  the public need for reliable E911 services through reliable
   22  wireless systems and the public interest served by governmental
   23  zoning and land development regulations and notwithstanding any
   24  other law or local ordinance to the contrary, the following
   25  standards shall apply to a local government’s actions, as a
   26  regulatory body, in the regulation of the placement,
   27  construction, or modification of a wireless communications
   28  facility. This subsection shall not, however, be construed to
   29  waive or alter the provisions of s. 286.011 or s. 286.0115. For
   30  the purposes of this subsection only, “local government” shall
   31  mean any municipality or county and any agency of a municipality
   32  or county only. The term “local government” does not, however,
   33  include any airport, as defined by s. 330.27(2), even if it is
   34  owned or controlled by or through a municipality, county, or
   35  agency of a municipality or county. Further, notwithstanding
   36  anything in this section to the contrary, this subsection does
   37  not apply to or control a local government’s actions as a
   38  property or structure owner in the use of any property or
   39  structure owned by such entity for the placement, construction,
   40  or modification of wireless communications facilities. In the
   41  use of property or structures owned by the local government,
   42  however, a local government may not use its regulatory authority
   43  so as to avoid compliance with, or in a manner that does not
   44  advance, the provisions of this subsection.
   45         (h)1. Notwithstanding this subsection or any other law,
   46  rule, regulation, county charter, ordinance, resolution, deed,
   47  restrictive covenant, or contract provision, if the office finds
   48  that a public safety communications system used by a public
   49  safety agency for radio communications or E911 services is
   50  inadequate, and the local government responsible for providing
   51  the infrastructure necessary for such system has not corrected
   52  the inadequacy within 2 years after such a finding, the Governor
   53  may, in the interest of public safety:
   54         a. Cause the necessary improvements to the public safety
   55  communications system to be made. The local government that is
   56  responsible for the system must reimburse the state the costs
   57  for such improvements; and
   58         b. Order that any new or replacement towers that will be
   59  used by a public safety agency for radio communications or E911
   60  services be placed on any property, if such placement is in
   61  compliance with Federal Aviation Administration rules and
   62  regulations and other laws, rules, or regulations strictly
   63  related to public safety.
   64         2. The office may find that a communications system is
   65  inadequate if the system is unable to support the public safety
   66  needs of a community based on the age of the system, the number
   67  of towers available within the community, or the ability of the
   68  system as a whole to withstand high volumes of radio and
   69  cellular traffic during a short timeframe.
   70         Section 2. The Legislature finds that an important state
   71  interest is served in protecting the public safety by ensuring
   72  that public safety agencies are able to rely on communications
   73  systems and towers to provide adequate radio and E911 services.
   74  Therefore, the Legislature finds and declares that this act
   75  fulfills an important state interest.
   76         Section 3. This act shall take effect July 1, 2020.