December 13, 2019
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
Amendment CaShTmL-843456.HTM
                                                  SENATE AMENDMENT
    Bill No. CS for SB 2322
    Amendment No. ___   Barcode 843456
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                  WD/2R          .                    
       04/28/2004 04:46 PM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Bennett moved the following amendment to amendment
12  (743628):
13  
14         Senate Amendment (with title amendment) 
15         On page 19, line 27 through page 24, line 26, delete
16  those lines
17  
18  and insert:  
19         (g)1.(e)  The use of state government-owned property
20  for wireless communications facilities is encouraged. Any
21  other provision of law to the contrary notwithstanding, except
22  as provided in s. 253.0342, the Department of Management
23  Services shall negotiate, in the name of the state, leases for
24  wireless communications facilities that provide access to
25  state government-owned property not acquired for
26  transportation purposes, and the Department of Transportation
27  shall negotiate, in the name of the state, leases for wireless
28  communications facilities that provide access to property
29  acquired for state rights-of-way.
30         2.  On property acquired for transportation purposes,
31  leases shall be granted in accordance with s. 337.251. On
                                  1
    11:54 PM   04/26/04                              s2322.cu21.0f

SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 843456 1 other state government-owned property, leases shall be granted 2 on a space available, first-come, first-served basis as 3 determined by the Department of Management Services in 4 accordance with s. 253.0342. Payments required by state 5 government under a lease must be reasonable and must reflect 6 the market rate for the use of the state government-owned 7 property. Lease payments shall be deposited in the General 8 Revenue Fund. The Department of Management Services and the 9 Department of Transportation are authorized to adopt rules for 10 the terms and conditions and granting of any such leases. 11 3. Review or consideration of any applicable zoning or 12 land use issues shall be with the local government. If a 13 wireless provider applies to enter into a lease to use state 14 government-owned property for a wireless communications 15 facility, the Department of Management Services or the 16 Department of Transportation, as applicable, shall not review 17 or consider any zoning or land use issues. 18 4. The Department of Management Services or the 19 Department of Transportation, as applicable, shall grant or 20 deny each properly completed application for a wireless 21 communications facility on state government-owned property 22 within 90 business days after the date the application is 23 determined to be properly completed. The Department of 24 Management Services or the Department of Transportation, as 25 applicable, shall notify the applicant within 40 business days 26 after the date the application is initially submitted as to 27 whether the application is properly completed and has been 28 properly submitted. If the application is not complete in 29 accordance within the applicable application review 30 procedures, the notification shall indicate with specificity 31 any deficiencies which, if cured, shall make the application 2 11:54 PM 04/26/04 s2322.cu21.0f
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 843456 1 properly completed. Upon resubmission of information to cure 2 the stated deficiencies, the Department of Management Services 3 or the Department of Transportation, as applicable, shall 4 notify the applicant within 20 business days after the 5 additional information was submitted whether the application 6 is properly completed or if there are any remaining 7 deficiencies which must be cured. To be effective, a waiver of 8 any timeframe set forth herein must be voluntarily agreed to 9 by the applicant and the Department of Management Services or 10 the Department of Transportation, as applicable. If the 11 Department of Management Services or the Department of 12 Transportation, as applicable, fails to grant or deny a 13 properly completed application within the timeframes set forth 14 in this subsection and the timeframe has not be voluntarily 15 waived, the application shall be deemed automatically approved 16 and the applicant may proceed with placement of such 17 facilities without interference or penalty. 18 (h) Any person adversely affected by any action or 19 failure to act by a local government which is inconsistent 20 with this subsection may bring an action in a court of 21 competent jurisdiction within 30 days after the action or the 22 failure to act. The court shall consider the matter on an 23 expedited basis. 24 (f) Any wireless telephone service provider may report 25 to the board no later than September 1, 2003, the specific 26 locations or general areas within a county or municipality 27 where the provider has experienced unreasonable delay to 28 locate wireless telecommunications facilities necessary to 29 provide the needed coverage for compliance with federal Phase 30 II E911 requirements using its own network. The provider shall 31 also provide this information to the specifically identified 3 11:54 PM 04/26/04 s2322.cu21.0f
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 843456 1 county or municipality no later than September 1, 2003. Unless 2 the board receives no report that unreasonable delays have 3 occurred, the board shall, no later than September 30, 2003, 4 establish a subcommittee responsible for developing a balanced 5 approach between the ability of providers to locate wireless 6 facilities necessary to comply with federal Phase II E911 7 requirements using the carrier's own network and the desire of 8 counties and municipalities to zone and regulate land uses to 9 achieve public welfare goals. If a subcommittee is 10 established, it shall include representatives from the Florida 11 Telecommunications Industry Association, the Florida 12 Association of Counties, and the Florida League of Cities. The 13 subcommittee shall be charged with developing recommendations 14 for the board and any specifically identified municipality or 15 county to consider regarding actions to be taken for 16 compliance for federal Phase II E911 requirements. In the 17 annual report due to the Governor and the Legislature by 18 February 28, 2004, the board shall include any recommendations 19 developed by the subcommittee to address compliance with 20 federal Phase II E911 requirements. 21 (13) PRIOR APPROVAL REQUIREMENT.--It is the intent of 22 this act to assure the safety of employees, passengers, and 23 freight at airports, as defined in s. 330.27(2) and not to 24 require the placement at any airport of any wireless 25 communication facility unless approved by the airport. 26 Therefore, this section does not require the governing 27 authority of any airport to make available any site, space, or 28 facility owned or controlled by such airport to a service 29 provider for the location or collocation of any tower or 30 wireless communication facility, except on such terms and with 31 such limitation as the governing authority of such airport may 4 11:54 PM 04/26/04 s2322.cu21.0f
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 843456 1 deem safe and appropriate. This section also does not affect 2 an airport governing authority's power or authority to manage, 3 control, or provide communications services, which include, 4 but are not limited to, wired, cellular, wireless, and 5 Internet services, information services, and data-related 6 services for any facility owned or controlled by the airport. 7 This section does not affect an airport governing authority's 8 power or authority to recover costs or generate revenue from 9 communications services provided on the airport. 10 Section 3. Section 253.0342, Florida Statutes, is 11 created to read: 12 253.0342 Use of state or water management district 13 lands for emergency 911 wireless communications facilities-- 14 (1) Notwithstanding any other provision of law, the 15 Department of Management Services is authorized to negotiate 16 for and enter into lease agreements with wireless providers 17 for the use of state-owned lands titled in the name of the 18 Board of Trustees of the Internal Improvement Trust Fund and 19 for lands titled in the name of other state agencies or a 20 water management district for the placement of 911 wireless 21 communications facilities. 22 (2) The Division of State Lands shall determine the 23 availability of state and water management district lands for 24 placement of these wireless facilities on a site-by-site basis 25 at the request of the Department of Management Services. 26 (3) Upon a determination that a site is available for 27 lease, the Department of Management Services shall contact the 28 lead managing agency for lands titled in the name of the Board 29 of Trustees of the Internal Improvement Trust Fund or the site 30 owner for all other requested sites to obtain a determination 31 of whether the site is suitable for placement of these 5 11:54 PM 04/26/04 s2322.cu21.0f
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 843456 1 wireless facilities. 2 (4) In determining the suitability of a site, the lead 3 managing agency or the site owner shall determine, in writing, 4 that the use of the property or facility for placement of 5 wireless communication facilities will not interfere with 6 existing uses (including conservation uses), leases, or the 7 public health and safety. Additional consideration shall be 8 given for the potential of collocating any proposed facility 9 with existing linear facilities, buildings or other 10 structures. 11 (5) Upon determination that a site is both available 12 and suitable for lease, the Department of Management Services 13 may negotiate a lease agreement with the wireless service 14 provider. A copy of any lease agreement shall be provided to 15 the lead managing agency or site owner. 16 (6) All leases entered into under this section shall 17 restrict use of sites by wireless service providers to those 18 uses directly related to provisions of wireless communications 19 service. Use of the site by the wireless communications 20 service provider shall be carried out and maintained in a 21 manner consistent with existing uses (including conservation 22 uses), leases, and the public health and safety. 23 (7)(a) Lease agreements proposed by the Department of 24 Management Services for lands titled to the Board of Trustees 25 of Internal Improvement Trust Fund shall be submitted to the 26 Division of State Lands. Such agreements shall be presumed to 27 be approved unless the Secretary of the Department or one or 28 more members of the Board request that they be placed on an 29 agenda for approval or denial by the Board. The secretary or 30 the Board member must notify the Department of Management 31 Services within 30 days of receipt of the proposed agreement 6 11:54 PM 04/26/04 s2322.cu21.0f
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 843456 1 of their intention to have the agreement submitted to the 2 Board. Any agreement subject to hearing before the Board must 3 be placed on the Board's agenda within 60 days of a request. 4 (b) Lease agreements proposed by the Department of 5 Management Services for land titled to a water management 6 district must be submitted to the governing board of the water 7 management for their approval or denial. The governing board 8 must agenda the proposed agreement within 60 days of receipt 9 from the Department of Management Services. Such action by the 10 governing board shall constitute an order of the agency. 11 (c) Lease agreements proposed by the Department of 12 Management Services for lands titled in the name of a state 13 agency shall be approved or denied by the secretary or 14 executive director of the agency within 60 days. Such action 15 by the secretary or executive director shall constitute an 16 order of the agency. 17 18 (Redesignate subsequent sections.) 19 20 21 ================ T I T L E A M E N D M E N T =============== 22 And the title is amended as follows: 23 On page 28, line 16, after the semicolon, 24 25 insert: 26 creating s. 253.0342, F.S.; providing process 27 for lease of non-transportation state-owned 28 lands by a wireless provider; 29 30 31 7 11:54 PM 04/26/04 s2322.cu21.0f
Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2019 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader