December 16, 2019
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Amendment CaShTmL-743628.HTM
                                                  SENATE AMENDMENT
    Bill No. CS for SB 2322
    Amendment No. ___   Barcode 743628
                            CHAMBER ACTION
              Senate                               House
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 1                  WD/2R          .                    
       04/28/2004 04:46 PM         .                    
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 4  ______________________________________________________________
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10  ______________________________________________________________
11  Senator Bennett moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 9, between lines 9 & 10,
15  
16  insert:  
17         Section 7.  Subsection (2) of section 11.45, Florida
18  Statutes, is amended to read:
19         11.45  Definitions; duties; authorities; reports;
20  rules.--
21         (2)  DUTIES.--The Auditor General shall:
22         (a)  Conduct audits of records and perform related
23  duties as prescribed by law, concurrent resolution of the
24  Legislature, or as directed by the Legislative Auditing
25  Committee.
26         (b)  Annually conduct a financial audit of state
27  government.
28         (c)  Annually conduct financial audits of all
29  universities and district boards of trustees of community
30  colleges.
31         (d)  Annually conduct financial audits of the accounts
                                  1
    11:34 PM   04/26/04                              s2322.cu21.0v

SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 743628 1 and records of all district school boards in counties with 2 populations of fewer than 150,000, according to the most 3 recent federal decennial statewide census. 4 (e) Annually conduct an audit of the Wireless 5 Emergency Telephone System Fund as described in s. 365.173. 6 (e)(f) At least every 2 years, conduct operational 7 audits of the accounts and records of state agencies and 8 universities. In connection with these audits, the Auditor 9 General shall give appropriate consideration to reports issued 10 by state agencies' inspectors general or universities' 11 inspectors general and the resolution of findings therein. 12 (f)(g) At least every 2 years, conduct a performance 13 audit of the local government financial reporting system, 14 which, for the purpose of this chapter, means any statutory 15 provisions related to local government financial reporting. 16 The purpose of such an audit is to determine the accuracy, 17 efficiency, and effectiveness of the reporting system in 18 achieving its goals and to make recommendations to the local 19 governments, the Governor, and the Legislature as to how the 20 reporting system can be improved and how program costs can be 21 reduced. The local government financial reporting system 22 should provide for the timely, accurate, uniform, and 23 cost-effective accumulation of financial and other information 24 that can be used by the members of the Legislature and other 25 appropriate officials to accomplish the following goals: 26 1. Enhance citizen participation in local government; 27 2. Improve the financial condition of local 28 governments; 29 3. Provide essential government services in an 30 efficient and effective manner; and 31 4. Improve decisionmaking on the part of the 2 11:34 PM 04/26/04 s2322.cu21.0v
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 743628 1 Legislature, state agencies, and local government officials on 2 matters relating to local government. 3 (g)(h) Once every 3 years, conduct performance audits 4 of the Department of Revenue's administration of the ad 5 valorem tax laws as described in s. 195.096. 6 (h)(i) Once every 3 years, conduct financial audits of 7 the accounts and records of all district school boards in 8 counties with populations of 125,000 or more, according to the 9 most recent federal decennial statewide census. 10 (i)(j) Once every 3 years, review a sample of each 11 state agency's internal audit reports to determine compliance 12 with current Standards for the Professional Practice of 13 Internal Auditing or, if appropriate, government auditing 14 standards. 15 (j)(k) Conduct audits of local governmental entities 16 when determined to be necessary by the Auditor General, when 17 directed by the Legislative Auditing Committee, or when 18 otherwise required by law. No later than 18 months after the 19 release of the audit report, the Auditor General shall perform 20 such appropriate followup procedures as he or she deems 21 necessary to determine the audited entity's progress in 22 addressing the findings and recommendations contained within 23 the Auditor General's previous report. The Auditor General 24 shall provide a copy of his or her determination to each 25 member of the audited entity's governing body and to the 26 Legislative Auditing Committee. 27 28 The Auditor General shall perform his or her duties 29 independently but under the general policies established by 30 the Legislative Auditing Committee. This subsection does not 31 limit the Auditor General's discretionary authority to conduct 3 11:34 PM 04/26/04 s2322.cu21.0v
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 743628 1 other audits or engagements of governmental entities as 2 authorized in subsection (3). 3 Section 8. Subsections (3), (6), and (11) and 4 paragraph (a) of subsection (8) of section 365.172, Florida 5 Statutes, are amended, present subsection (13) of that section 6 is redesignated as subsection (14), and a new subsection (13) 7 is added to that section, to read: 8 365.172 Wireless emergency telephone number "E911."-- 9 (3) DEFINITIONS.--As used in this section and ss. 10 365.173 and 365.174, the term: 11 (a) "Active prepaid wireless telephone" means a 12 prepaid wireless telephone that has been used by the customer 13 during the month to complete a telephone call for which the 14 customer's card or balance was decremented. 15 (b) "Administrative review" means the nondiscretionary 16 review conducted by local governmental staff for compliance 17 with local government ordinances, but does not include a 18 public hearing or review of public input. 19 (c)(b) "Answering point" means the public safety 20 agency that receives incoming 911 calls and dispatches 21 appropriate public safety agencies to respond to the such 22 calls. 23 (d)(c) "Automatic location identification" means the 24 capability of the E911 service which enables the automatic 25 display of information that defines the approximate geographic 26 location of the wireless telephone used to place a 911 call. 27 (e)(d) "Automatic number identification" means the 28 capability of the E911 service which enables the automatic 29 display of the 10-digit service number used to place a 911 30 call. 31 (f)(e) "Board" means the board of directors of the 4 11:34 PM 04/26/04 s2322.cu21.0v
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 743628 1 Wireless 911 Board. 2 (g)(f) "Office" means the State Technology Office. 3 (h) "Building-permit review" means a review for 4 compliance with building construction standards adopted by the 5 local government under chapter 553 and does not include a 6 review for compliance with land development regulations. 7 (i) "Collocation" means the situation when a second or 8 subsequent wireless provider uses an existing structure to 9 locate a second or subsequent antenna. The term includes the 10 ground, platform, or roof installation of equipment 11 enclosures, cabinets, or buildings, and cables, brackets, and 12 other equipment associated with the location and operation of 13 the antennas. 14 (j)(g) "E911" is the designation for a wireless 15 enhanced 911 system or wireless enhanced 911 service that is 16 an emergency telephone system or service that provides a 17 subscriber with wireless 911 service and, in addition, directs 18 911 calls to appropriate public safety answering points by 19 selective routing based on the geographical location from 20 which the call originated, or as otherwise provided in the 21 state plan under s. 365.171, and that provides for automatic 22 number identification and automatic location-identification 23 features in accordance with the requirements of the order. 24 (k) "Existing structure" means a structure that exists 25 at the time an application for permission to place antennas on 26 a structure is filed with a local government. The term 27 includes any structure that can support the attachment of 28 antennas, including, but not limited to, towers, buildings, 29 utility structures, light poles, water towers, clock towers, 30 bell towers, and steeples. 31 (l)(h) "Fee" means the E911 fee imposed under 5 11:34 PM 04/26/04 s2322.cu21.0v
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 743628 1 subsection (8). 2 (m)(i) "Fund" means the Wireless Emergency Telephone 3 System Fund established in s. 365.173 and maintained under 4 this section for the purpose of recovering the costs 5 associated with providing 911 service or E911 service, 6 including the costs of implementing the order. 7 (n) "Historic building, structure, or district" means 8 any building, structure, or district that has been officially 9 designated as a historic building, historic structure, or 10 historic district through a federal, state, or local 11 designation program. 12 (o) "Land-development regulation" means any ordinance 13 enacted by a local governing body for the regulation of any 14 aspect of development, including an ordinance governing 15 zoning, subdivisions, landscaping, tree protection, or signs, 16 or any other ordinance concerning any aspect of the 17 development of land. The term does not include any 18 building-construction standard adopted under and in compliance 19 with chapter 553. 20 (p)(j) "Local exchange carrier" means a "competitive 21 local exchange telecommunications company" or a "local 22 exchange telecommunications company" as defined in s. 364.02. 23 (q)(k) "Local government" means any municipality, 24 county, or political subdivision or agency of a municipality, 25 county, or political subdivision. 26 (r)(l) "Mobile telephone number" or "MTN" means the 27 telephone number assigned to a wireless telephone at the time 28 of initial activation. 29 (s)(m) "Order" means: 30 1. The following orders and rules of the Federal 31 Communications Commission issued in FCC Docket No. 94-102: 6 11:34 PM 04/26/04 s2322.cu21.0v
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 743628 1 a. Order adopted on June 12, 1996, with an effective 2 date of October 1, 1996, the amendments to s. 20.03 and the 3 creation of s. 20.18 of Title 47 of the Code of Federal 4 Regulations adopted by the Federal Communications Commission 5 pursuant to the such order. 6 b. Memorandum and Order No. FCC 97-402 adopted on 7 December 23, 1997. 8 c. Order No. FCC DA 98-2323 adopted on November 13, 9 1998. 10 d. Order No. FCC 98-345 adopted December 31, 1998. 11 2. Orders and rules subsequently adopted by the 12 Federal Communications Commission relating to the provision of 13 wireless 911 services. 14 (t)(o) "Prepaid wireless telephone service" means 15 wireless telephone service that is activated in advance by 16 payment for a finite dollar amount of service or for a finite 17 set of minutes that terminate either upon use by a customer 18 and delivery by the wireless provider of an agreed-upon amount 19 of service corresponding to the total dollar amount paid in 20 advance or within a certain period of time following the 21 initial purchase or activation, unless additional payments are 22 made. 23 (u)(n) "Provider" or "wireless provider" means a 24 person or entity who provides service and either: 25 1. Is subject to the requirements of the order; or 26 2. Elects to provide wireless 911 service or E911 27 service in this state. 28 (v)(p) "Public agency" means the state and any 29 municipality, county, municipal corporation, or other 30 governmental entity, public district, or public authority 31 located in whole or in part within this state which provides, 7 11:34 PM 04/26/04 s2322.cu21.0v
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 743628 1 or has authority to provide, firefighting, law enforcement, 2 ambulance, medical, or other emergency services. 3 (w)(q) "Public safety agency" means a functional 4 division of a public agency which provides firefighting, law 5 enforcement, medical, or other emergency services. 6 (x)(r) "Rural county" means any county that has a 7 population of fewer than 75,000. 8 (y)(s) "Service" means "commercial mobile radio 9 service" as provided under ss. 3(27) and 332(d) of the Federal 10 Telecommunications Act of 1996, 47 U.S.C., ss. 151 et seq., 11 and the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 12 103-66, August 10, 1993, 107 Stat. 312. The term "service" 13 includes the term "wireless" and service provided by any 14 wireless real-time two-way wire communication device, 15 including radio-telephone communications used in cellular 16 telephone service; personal communications service; or the 17 functional or competitive equivalent of a radio-telephone 18 communications line used in cellular telephone service, a 19 personal communications service, or a network radio access 20 line. The term does not include wireless providers that offer 21 mainly dispatch service in a more localized, noncellular 22 configuration; providers offering only data, one-way, or 23 stored-voice services on an interconnected basis; providers of 24 air-to-ground services; or public coast stations. 25 (z)(t) "Service number" means the unique 10-digit 26 wireless telephone number assigned to a service subscriber. 27 (aa)(u) "Sufficient positive balance" means a dollar 28 amount greater than or equal to the monthly wireless surcharge 29 amount. 30 (bb) "Tower" means any structure designed primarily to 31 support a wireless provider's antenna. 8 11:34 PM 04/26/04 s2322.cu21.0v
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 743628 1 (cc) "Wireless communications facility" means any 2 equipment or facility used to provide service, and includes, 3 but is not limited to, antennas, towers, equipment enclosures, 4 cabling, antenna brackets, and other equipment. 5 (dd) "Wireless communications site" means the area on 6 the roof, structure, or ground which is designed, intended to 7 be used, or is used for the location of a wireless 8 communications facility, and any fencing and landscaping 9 provided in association with the wireless communications 10 facility. 11 (ee)(v) "Wireless 911 system" or "wireless 911 12 service" means an emergency telephone system or service that 13 provides a subscriber with the ability to reach an answering 14 point by dialing the digits "911." A wireless 911 system is 15 complementary to a wired 911 system as provided for in s. 16 365.171. 17 (6) AUTHORITY OF THE BOARD; ANNUAL REPORT.-- 18 (a) The board shall: 19 1. Administer the E911 fee. 20 2. Implement, maintain, and oversee the fund. 21 3. Review and oversee the disbursement of the revenues 22 deposited into the fund as provided in s. 365.173. The board 23 may establish a schedule for implementing wireless E911 24 service by service area, and prioritize disbursements of 25 revenues from the fund to providers and rural counties as 26 provided in s. 365.173(2)(b) and (c) pursuant to the schedule, 27 in order to implement E911 services in the most efficient and 28 cost-effective manner. 29 4. Review documentation submitted by providers which 30 reflects current and projected funds derived from the E911 31 fee, and the expenses incurred and expected to be incurred, in 9 11:34 PM 04/26/04 s2322.cu21.0v
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 743628 1 order to comply with the E911 service requirements contained 2 in the order for the purposes of: 3 a. Ensuring that providers receive fair and equitable 4 distributions of funds from the fund. 5 b. Ensuring that providers are not provided 6 disbursements from the fund which exceed the costs of 7 providing E911 service, including the costs of complying with 8 the order. 9 c. Ascertaining the projected costs of compliance with 10 the requirements of the order and projected collections of the 11 E911 fee. 12 d. Implementing changes to the allocation percentages 13 or reducing the E911 fee under paragraph (8)(c). 14 5. Review and approve or reject, in whole or in part, 15 applications submitted by providers for recovery of moneys 16 deposited into the fund. 17 6. Hire and retain employees, including an independent 18 executive director who shall possess experience in the area of 19 telecommunications and emergency 911 issues, for the purposes 20 of performing the technical and administrative functions for 21 the board. 22 7. Make and enter into contracts, pursuant to chapter 23 287, and execute other instruments necessary or convenient for 24 the exercise of the powers and functions of the board. 25 8. Take all necessary and reasonable steps by July 1, 26 2000, to secure appropriate information and reports from 27 providers and otherwise perform all of the functions that 28 would be performed by an independent accounting firm prior to 29 completing the request-for-proposals process under subsection 30 (7). 31 9. Sue and be sued, and appear and defend in all 10 11:34 PM 04/26/04 s2322.cu21.0v
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 743628 1 actions and proceedings, in its corporate name to the same 2 extent as a natural person. 3 10. Adopt, use, and alter a common corporate seal. 4 11. Elect or appoint the officers and agents that are 5 required by the affairs of the board. 6 12. The board may adopt rules under ss. 120.536(1) and 7 120.54 to implement this section and ss. 365.173 and 365.174. 8 13. Provide coordination, support, and technical 9 assistance to counties to promote the deployment of advanced 10 911 and E911 systems in the state. 11 14. Provide coordination and support for educational 12 opportunities related to 911 issues for the 911 community in 13 this state. 14 15. Act as an advocate for issues related to 911 15 system functions, features, and operations to improve the 16 delivery of 911 services to the residents of and visitors to 17 this state. 18 16. Coordinate input from this state at national 19 forums and associations, to ensure that policies related to 20 911 systems and services are consistent with the policies of 21 the 911 community in this state. 22 17. Work cooperatively with the system director 23 established in s. 365.171(5) to enhance the state of 911 24 services in this state and to provide unified leadership for 25 all 911 issues through planning and coordination. 26 18. Do all acts and things necessary or convenient to 27 carry out the powers granted in this section, including but 28 not limited to, consideration of emerging technology and 29 related cost savings. 30 19. By July 1, 2005, secure the services of an 31 independent, private attorney via invitation to bid, request 11 11:34 PM 04/26/04 s2322.cu21.0v
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 743628 1 for proposals, invitation to negotiate, or professional 2 contracts for legal services already established at the 3 Division of Purchasing of the Department of Management 4 Services. 5 20. No later than August 1, 2004, establish a 6 subcommittee responsible for analyzing the cost and 7 effectiveness of a nonemergency 311 system, including the 8 potential to improve the overall efficiency of an existing 911 9 system or reduce 911 call processing times. The subcommittee 10 shall report its findings and recommendations to the board by 11 December 31, 2004. 12 (b) Board members shall serve without compensation; 13 however, members are entitled to per diem and travel expenses 14 as provided in s. 112.061. 15 (c) By February 28 of each year, the board shall 16 prepare a report for submission by the office to the Governor, 17 the President of the Senate, and the Speaker of the House of 18 Representatives which reflects, for the immediately preceding 19 calendar year, the quarterly and annual receipts and 20 disbursements of moneys in the fund, the purposes for which 21 disbursements of moneys from the fund have been made, and the 22 availability and status of implementation of E911 service in 23 this state. 24 (d) By February 28, 2001, the board shall undertake 25 and complete a study for submission by the office to the 26 Governor, the President of the Senate, and the Speaker of the 27 House of Representatives which addresses: 28 1. The total amount of E911 fee revenues collected by 29 each provider, the total amount of expenses incurred by each 30 provider to comply with the order, and the amount of moneys on 31 deposit in the fund, all as of December 1, 2000. 12 11:34 PM 04/26/04 s2322.cu21.0v
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 743628 1 2. Whether the amount of the E911 fee and the 2 allocation percentages set forth in s. 365.173 should be 3 adjusted to comply with the requirements of the order, and, if 4 so, a recommended adjustment to the E911 fee. 5 3. Any other issues related to providing wireless E911 6 services. 7 (8) WIRELESS E911 FEE.-- 8 (a) Each home service provider shall collect a monthly 9 fee imposed on each customer whose place of primary use is 10 within this state. For purposes of this section, the state and 11 local governments are not customers. The rate of the fee shall 12 be 50 cents per month per each service number, beginning 13 August 1, 1999. The fee shall apply uniformly and be imposed 14 throughout the state. 15 (11) FACILITATING E911 SERVICE IMPLEMENTATION.--In 16 order to balance the public need for reliable E911 services 17 through reliable wireless systems with the public interest 18 served by governmental zoning and land development regulations 19 and notwithstanding any other law or local ordinance to the 20 contrary, the following standards shall apply to a local 21 government's regulation of the placement, construction, or 22 modification of a wireless communications facility: 23 (a)1. Collocation Colocation among wireless telephone 24 service providers is encouraged by the state. To further 25 facilitate agreements among providers for collocation 26 colocation of their facilities, any antennae and related 27 equipment to service the antennae that is being collocated 28 colocated on an existing above-ground structure and the 29 related equipment to service the antenna is not subject to 30 land development regulation pursuant to s. 163.3202, provided 31 the height of the existing structure is not increased. 13 11:34 PM 04/26/04 s2322.cu21.0v
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 743628 1 However, construction of the antennae and related equipment is 2 subject to local building regulations and any existing permits 3 or agreements for such property, buildings, or structures. 4 Nothing herein shall relieve the permitholder for or owner of 5 the existing structure from of compliance with any applicable 6 condition or requirement contained in of a permit, agreement, 7 or land development regulation, including any aesthetic 8 requirements, or law that was in effect when the existing 9 structure or initial antenna location was permitted and which 10 is not inconsistent with this subsection. The conditions or 11 requirements of an existing permit or agreement for an antenna 12 on a historic building or historic structure or in a historic 13 district apply regardless of the consistency of those 14 conditions or requirements with this subsection. 15 2. An existing tower, including a nonconforming tower, 16 may be modified or replaced without increasing the height in 17 order to permit collocation, provided that the replacement 18 tower is a monopole tower or, if the tower to be replaced is a 19 camouflaged tower, the replacement tower is a like-camouflaged 20 tower. The modification or replacement shall be subject only 21 to administrative review and to building-permit review. 22 (b)1. A local government is limited when evaluating a 23 wireless provider's application for placement of a wireless 24 communications facility to issues concerning land development 25 and zoning. A local government may not request information on 26 or review, consider, or evaluate a wireless provider's 27 business need for a specific location for a wireless 28 communications site or the need for wireless service to be 29 provided from a particular site unless the wireless provider 30 voluntarily offers this information to the local government. A 31 local government may not request information on or review, 14 11:34 PM 04/26/04 s2322.cu21.0v
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 743628 1 consider, or evaluate the wireless provider's service quality 2 or the network design of the wireless service unless the 3 information or materials are directly related to an identified 4 land development or zoning issue or the wireless provider 5 voluntarily offers the information to the local government. 6 2. The setback or distance separation required of a 7 tower may not exceed the minimum distance necessary to satisfy 8 the structural safety or aesthetic concerns that are protected 9 by the setback or distance separation. 10 3. A local government must provide a reasonable 11 opportunity for placing some form or type of antenna in all 12 areas of a local government's jurisdiction, unless the 13 jurisdiction can demonstrate that a prohibition of all forms 14 or types of wireless communications facilities in a specific 15 location or area is the only way to protect the public health, 16 safety, and welfare of that area. This subparagraph shall be 17 construed to minimize the placement of noncamouflaged towers 18 in residential areas and to maximize antenna placements and 19 collocations. 20 4. A local government may impose a fee, surety, or 21 insurance requirement on a wireless provider when applying to 22 place, construct, or modify a wireless communications facility 23 only if a similar fee, surety, or insurance requirement is 24 also imposed on applicants seeking similar types of zoning, 25 land use, or building-permit review. Fees for review of 26 applications for wireless communications facilities by 27 consultants or experts who are engaged to review general 28 zoning and land use matters on behalf of the local government 29 may be recovered, but only if the recovery is routinely sought 30 from all applicants seeking a similar level of review for 31 zoning or land-development approvals, and any fees must be 15 11:34 PM 04/26/04 s2322.cu21.0v
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 743628 1 reasonable. 2 (c)(b) Local governments may shall not require 3 wireless providers to provide evidence of a wireless 4 communications facility's compliance with federal regulations, 5 except evidence of compliance with applicable Federal Aviation 6 Administration requirements under 14 C.F.R. s. 77, as amended. 7 However, local governments may request shall receive evidence 8 of proper Federal Communications Commission licensure or other 9 evidence of Federal Communications Commission authorized 10 spectrum use from a wireless provider and may request the 11 Federal Communications Commission to provide information as to 12 a wireless provider's compliance with federal regulations, as 13 authorized by federal law. 14 (d)(c)1. A local government shall grant or deny each a 15 properly completed application for a wireless communications 16 facility reviewed through administrative review or an 17 application reviewed though building-permit review a permit, 18 including permits under paragraph(a), for the collocation of a 19 wireless communications facility on property, buildings, or 20 structures within the local government's jurisdiction within 21 45 business days after the date the properly completed 22 application is determined to be properly completed initially 23 submitted in accordance with this paragraph the applicable 24 local government application procedures, provided that such 25 permit complies with applicable federal regulations and 26 applicable local zoning or land development regulations, 27 including any aesthetic requirements. Local building 28 regulations shall apply. If administrative reviews are 29 required from multiple departments of the local government, 30 such reviews shall be concurrent and all within the 31 45-business-day timeframe. 16 11:34 PM 04/26/04 s2322.cu21.0v
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 743628 1 2. A local government shall grant or deny each a 2 properly completed application for a wireless communications 3 facility reviewed through other than administrative review or 4 building-permit review a permit for the siting of a new 5 wireless tower or antenna on property, buildings, or 6 structures within the local government's jurisdiction within 7 90 business days after the date the properly completed 8 application is determined to be properly completed initially 9 submitted in accordance with this paragraph the applicable 10 local government application procedures, provided that such 11 permit complies with applicable federal regulations and 12 applicable local zoning or land development regulations, 13 including any aesthetic requirements. Local building 14 regulations shall apply. If the local government review of the 15 wireless communications facility also includes applications 16 for administrative review, each shall be within the applicable 17 timeframe indicated in this section. 18 3.a. An application is deemed submitted or resubmitted 19 on the date the application is received by the local 20 government. The local government shall notify the permit 21 applicant within 20 business days after the date the 22 application is initially submitted as to whether the 23 application is, for administrative purposes only, properly 24 completed and has been properly submitted. However, the such 25 determination shall not be deemed as an approval of the 26 application. If the application is not completed in compliance 27 with the local government's regulations, the Such notification 28 must shall indicate with specificity any deficiencies in the 29 required documents or deficiencies in the content of the 30 required documents which, if cured, shall make the application 31 properly completed. Upon resubmission of information to cure 17 11:34 PM 04/26/04 s2322.cu21.0v
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 743628 1 the stated deficiencies, the local government shall notify the 2 applicant within 20 business days after the additional 3 information is submitted whether the application is properly 4 completed or if there are any remaining deficiencies that must 5 be cured. Any deficiencies in document type or content not 6 specified by the local government in the initial notice are 7 waived. Notwithstanding this sub-subparagraph, if a specified 8 deficiency is not properly cured when the applicant resubmits 9 its application to comply with the notice of deficiencies, the 10 local government may continue to request the information until 11 such time as the specified deficiency is cured. 12 b. If the local government fails to grant or deny a 13 properly completed application for a wireless communications 14 facility permit which has been properly submitted within the 15 timeframes set forth in this paragraph, the application 16 paragraph, the permit shall be deemed automatically approved 17 and the applicant provider may proceed with placement of such 18 facilities without interference or penalty. The timeframes 19 specified in subparagraph subparagraphs 1. and 2. shall be 20 extended only to the extent that the application permit has 21 not been granted or denied because the local government's 22 procedures generally applicable to all applications permits, 23 require action by the governing body and such action has not 24 taken place within the timeframes specified in subparagraph 25 subparagraphs 1. and 2. Under such circumstances, the local 26 government must act to either grant or deny the application 27 permit at its next regularly scheduled meeting or, otherwise, 28 the application permit shall be deemed to be automatically 29 approved. 30 c. To be effective, a waiver of the timeframes set 31 forth in this paragraph herein must be voluntarily agreed to 18 11:34 PM 04/26/04 s2322.cu21.0v
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 743628 1 by the applicant and the local government. A local government 2 may request, but not require, a waiver of the timeframes by 3 the applicant an entity seeking a permit, except that, with 4 respect to a specific permit, a one-time waiver may be 5 required in the case of a declared local, state, or federal 6 emergency that directly affects the administration of all 7 permitting activities of the local government. 8 (d) Any additional wireless communications facilities, 9 such as communication cables, adjacent accessory structures, 10 or adjacent accessory equipment used in the provision of 11 cellular, enhanced specialized mobile radio, or personal 12 communications services, required within the existing secured 13 equipment compound within the existing site shall be deemed a 14 permitted use or activity. Local building and land development 15 regulations, including any aesthetic requirements, shall 16 apply. 17 (e) A local government may not impose square footage 18 or height limitations on equipment enclosures, cabinets, or 19 buildings inconsistent with those required for other 20 structures in the same zoning district. 21 (f) The replacement of or modification to a wireless 22 communications facility, except a tower, that results in a 23 wireless communications facility of similar size, type, and 24 appearance and the replacement or modification of equipment 25 that is not visible from outside the wireless communications 26 site are subject only to building-permit review. 27 (g)1.(e) The use of state government-owned property 28 for wireless communications facilities is encouraged. Any 29 other provision of law to the contrary notwithstanding, the 30 Department of Management Services or its designated 31 representative shall negotiate, in the name of the state, 19 11:34 PM 04/26/04 s2322.cu21.0v
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 743628 1 leases for wireless communications facilities that provide 2 access to state government-owned property not acquired for 3 transportation purposes, and the Department of Transportation 4 shall negotiate, in the name of the state, leases for wireless 5 communications facilities that provide access to property 6 acquired for state rights-of-way. 7 2. On property acquired for transportation purposes, 8 leases shall be granted in accordance with s. 337.251. On 9 other state government-owned property, the Board of Trustees 10 of the Internal Improvement Trust Fund or the Division of 11 State Lands of the Department of Environmental Protection, 12 acting as the board's designated representative, shall assess 13 state-owned properties for availability for placement of E911 14 wireless communications facilities and provide an inventory of 15 available and nonavailable state-owned properties to the 16 Department of Management Services by January 1, 2005. The 17 Board of Trustees of the Internal Improvement Trust Fund or 18 the Division of State Lands as the board's designated 19 representative shall be the entity that makes the final 20 determination of availability of any specific property for 21 leasing to wireless providers. Such state government-owned 22 property shall be presumed available for leasing to wireless 23 providers, which presumption may be rebutted by the applicable 24 state agency that holds title to the property, government 25 agency responsible for managing the property, or government 26 agency leasing the property by an affirmative showing that 27 leasing the property for use by a wireless communications 28 facility will materially interfere with the use by the 29 applicable agency or will materially interfere with the lease 30 terms of the government agency leasing the property, or by 31 showing that access to the property is not available for 20 11:34 PM 04/26/04 s2322.cu21.0v
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 743628 1 security purposes or is otherwise not allowed for public 2 health, safety, and welfare reasons. If determined available, 3 leases for nontransportation state government-owned property 4 shall be procured through negotiation by the Department of 5 Management Services or its designated representative or 6 through other competitive procurement method and leases shall 7 be granted on a space available, first-come, first-served 8 basis as determined by the Department of Management Services. 9 Payments required by state government under a lease must be 10 reasonable and must reflect the market rate for the use of the 11 state government-owned property. Lease payments shall be 12 deposited in the Wireless Emergency Telephone System Fund. 13 Fifty percent of these funds shall be transferred to the 14 Department of Management Services Supervision Trust Fund for 15 payment of costs to administer the lease program and the 16 remainder shall be distributed to the owning agency. The other 17 50 percent shall be distributed to counties for payment of 18 E911 and 911 service costs. Distribution to the county where 19 the lease is established shall be as indicated in s. 20 365.173(2) with the remaining funds distributed to the 21 counties to promote the statewide deployment of wireless 22 enhanced 911 service with priority given to rural counties. 23 The leasing process shall be as established by rule adopted by 24 the Department of Management Services. The Department of 25 Management Services and the Department of Transportation are 26 authorized to adopt rules for the terms and conditions and 27 granting of any such leases. 28 3. Review or consideration of any applicable zoning or 29 land use issues shall be with the local government. If a 30 wireless provider applies to enter into a lease to use state 31 government-owned property for a wireless communications 21 11:34 PM 04/26/04 s2322.cu21.0v
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 743628 1 facility, the Department of Management Services or the 2 Department of Transportation, as applicable, shall not review 3 or consider any zoning or land use issues. 4 4. The Department of Management Services or the 5 Department of Transportation, as applicable, shall grant or 6 deny each properly completed application for a wireless 7 communications facility on state government-owned property 8 within 45 business days after the date the application is 9 determined to be properly completed. The Department of 10 Management Services or the Department of Transportation, as 11 applicable, shall notify the applicant within 20 business days 12 after the date the application is initially submitted as to 13 whether the application is properly completed and has been 14 properly submitted. If the application is not complete in 15 accordance within the applicable application review 16 procedures, the notification shall indicate with specificity 17 any deficiencies which, if cured, shall make the application 18 properly completed. Upon resubmission of information to cure 19 the stated deficiencies, the Department of Management Services 20 or the Department of Transportation, as applicable, shall 21 notify the applicant within 10 business days after the 22 additional information was submitted whether the application 23 is properly completed or if there are any remaining 24 deficiencies which must be cured. To be effective, a waiver of 25 any timeframe set forth herein must be voluntarily agreed to 26 by the applicant and the Department of Management Services or 27 the Department of Transportation, as applicable. If the 28 Department of Management Services or the Department of 29 Transportation, as applicable, fails to grant or deny a 30 properly completed application within the timeframes set forth 31 in this subsection and the timeframe has not be voluntarily 22 11:34 PM 04/26/04 s2322.cu21.0v
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 743628 1 waived, the application shall be deemed automatically approved 2 and the applicant may proceed with placement of such 3 facilities without interference or penalty. 4 (h) Any person adversely affected by any action or 5 failure to act by a local government which is inconsistent 6 with this subsection may bring an action in a court of 7 competent jurisdiction within 30 days after the action or the 8 failure to act. The court shall consider the matter on an 9 expedited basis. 10 (f) Any wireless telephone service provider may report 11 to the board no later than September 1, 2003, the specific 12 locations or general areas within a county or municipality 13 where the provider has experienced unreasonable delay to 14 locate wireless telecommunications facilities necessary to 15 provide the needed coverage for compliance with federal Phase 16 II E911 requirements using its own network. The provider shall 17 also provide this information to the specifically identified 18 county or municipality no later than September 1, 2003. Unless 19 the board receives no report that unreasonable delays have 20 occurred, the board shall, no later than September 30, 2003, 21 establish a subcommittee responsible for developing a balanced 22 approach between the ability of providers to locate wireless 23 facilities necessary to comply with federal Phase II E911 24 requirements using the carrier's own network and the desire of 25 counties and municipalities to zone and regulate land uses to 26 achieve public welfare goals. If a subcommittee is 27 established, it shall include representatives from the Florida 28 Telecommunications Industry Association, the Florida 29 Association of Counties, and the Florida League of Cities. The 30 subcommittee shall be charged with developing recommendations 31 for the board and any specifically identified municipality or 23 11:34 PM 04/26/04 s2322.cu21.0v
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 743628 1 county to consider regarding actions to be taken for 2 compliance for federal Phase II E911 requirements. In the 3 annual report due to the Governor and the Legislature by 4 February 28, 2004, the board shall include any recommendations 5 developed by the subcommittee to address compliance with 6 federal Phase II E911 requirements. 7 (13) PRIOR APPROVAL REQUIREMENT.--It is the intent of 8 this act to assure the safety of employees, passengers, and 9 freight at airports, as defined in s. 330.27(2) and not to 10 require the placement at any airport of any wireless 11 communication facility unless approved by the airport. 12 Therefore, this section does not require the governing 13 authority of any airport to make available any site, space, or 14 facility owned or controlled by such airport to a service 15 provider for the location or collocation of any tower or 16 wireless communication facility, except on such terms and with 17 such limitation as the governing authority of such airport may 18 deem safe and appropriate. This section also does not affect 19 an airport governing authority's power or authority to manage, 20 control, or provide communications services, which include, 21 but are not limited to, wired, cellular, wireless, and 22 Internet services, information services, and data-related 23 services for any facility owned or controlled by the airport. 24 This section does not affect an airport governing authority's 25 power or authority to recover costs or generate revenue from 26 communications services provided on the airport. 27 Section 9. Paragraph (a) of subsection (2) and 28 subsection (3) of section 365.173, Florida Statutes, are 29 amended to read: 30 365.173 Wireless Emergency Telephone System Fund.-- 31 (2) Subject to any modifications approved by the board 24 11:34 PM 04/26/04 s2322.cu21.0v
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 743628 1 pursuant to s. 365.172(8)(c), the moneys in the fund shall be 2 distributed and used only as follows: 3 (a) Forty-four percent of the moneys shall be 4 distributed each month to counties, based on the total number 5 of wireless subscriber billing addresses in each county, for 6 payment of: 7 1. Recurring costs of providing 911 or E911 service, 8 as provided by s. 365.171(13)(a)6. 9 2. Costs to comply with the requirements for E911 10 service contained in the order and any future rules related to 11 the order. 12 13 Any county that receives funds under this paragraph shall 14 establish a fund to be used exclusively for the receipt and 15 expenditure of the revenues collected under this paragraph. 16 All fees placed in the fund, and any interest accrued, shall 17 be used solely for costs described in subparagraphs 1 and 2. 18 The money collected and interest earned in this fund shall be 19 appropriated for these purposes by the county commissioners 20 and incorporated into the annual county budget. The fund shall 21 be included within the financial audit performed in accordance 22 with s. 218.39. A county may carry forward the, for up to 3 23 successive calendar years, up to 30 percent of the total funds 24 disbursed to the county by the board during a calendar year 25 for expenditures for capital outlay, capital improvements, or 26 equipment replacement, if the such expenditures are made for 27 the purposes specified in this paragraph. 28 (3) The Auditor General shall annually audit the fund 29 to ensure that moneys in the fund are being managed in 30 accordance with this section and s. 365.172. The Auditor 31 General shall provide a report of the annual audit to the 25 11:34 PM 04/26/04 s2322.cu21.0v
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 743628 1 board. 2 3 (Redesignate subsequent sections.) 4 5 6 ================ T I T L E A M E N D M E N T =============== 7 And the title is amended as follows: 8 On page 1, line 19, 9 10 insert: 11 amending s. 11.45, F.S.; removing the annual 12 audit of the Wireless Emergency Telephone 13 System Fund from the duties of the Auditor 14 General; amending s. 365.172, F.S.; adding 15 definitions relating to wireless telephone 16 communications; revising duties of the Wireless 17 911 Board; providing for an executive director, 18 services of an attorney, and the appointment of 19 a subcommittee; requiring a report by the 20 subcommittee; providing legislative intent 21 regarding the emergency wireless telephone 22 system; providing standards for local 23 governments to follow when regulating the 24 placement, construction, or modification of a 25 wireless communications facility; directing 26 local governments to grant or deny properly 27 completed applications within specified time 28 periods; providing procedures for a provider of 29 wireless communications services to submit an 30 application for local approval; directing local 31 governments to notify a provider of the 26 11:34 PM 04/26/04 s2322.cu21.0v
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 743628 1 deficiencies in an application; directing local 2 governments to notify a provider whether the 3 resubmission of information properly completes 4 the application; permitting local governments 5 to continue requesting information until the 6 application deficiencies are cured; providing 7 for a limited review by a local government of 8 an accessory wireless communications facility; 9 prohibiting local governments from imposing 10 certain restrictions on wireless communications 11 facilities; providing that a local government 12 may not require a wireless communications 13 provider to remove a wireless communications 14 facility unless the facility causes a specific 15 adverse impact on the structural safety or 16 aesthetic concerns of the locality; requiring a 17 local government to amend its ordinances in 18 order to comply with this act by a specified 19 date; revising provisions for lease of 20 state-owned property by a wireless provider; 21 providing that a person who is adversely 22 affected by a decision of a local government 23 relating to a wireless communications facility 24 may bring an action within a specified period; 25 providing for the computation of the time 26 period; providing that a person who is 27 adversely affected by a decision of a local 28 government relating to a wireless 29 communications facility may bring an action at 30 any time if the person is seeking only 31 equitable relief to compel a local government 27 11:34 PM 04/26/04 s2322.cu21.0v
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 743628 1 to comply with the procedures of the act; 2 providing that the governing authority of an 3 airport is not required to make available any 4 site, space, or facility owned or controlled by 5 the airport to a wireless service provider for 6 the location or collocation of any tower or 7 wireless communication facility; providing that 8 an airport authority is not restricted when 9 managing, controlling, or providing 10 communications services on any space or 11 facility owned or controlled by the airport 12 authority; amending s. 365.173, F.S.; directing 13 how a county may use funds derived from the 14 E911 fee; requiring the board of county 15 commissioners to appropriate the funds to the 16 proper uses; removing the requirement that the 17 Auditor General annually audit the E911 fund; 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 11:34 PM 04/26/04 s2322.cu21.0v
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