HB 1495

CS

CHAMBER ACTION

2	The Committee on Business Regulation recommends the following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to the wireless emergency telephone
8	system; amending s. 365.172, F.S.; adding definitions
9	relating to wireless telephone communications; revising
10	duties of the Wireless 911 Board; providing for an
11	executive director, services of an attorney, and the
12	appointment of a subcommittee; requiring a report by the
13	subcommittee; providing legislative intent regarding the
14	emergency wireless telephone system; providing standards
15	for local governments to follow when regulating the
16	placement, construction, or modification of a wireless
17	communications facility; directing local governments to
18	grant or deny properly completed applications within
19	specified time periods; providing procedures for a
20	provider of wireless communications services to submit an
21	application for local approval; directing local
22	governments to notify a provider of the deficiencies in an
23	application; directing local governments to notify a
24	provider whether the resubmission of information properly
25	completes the application; providing for a limited review
26	by a local government of an accessory wireless
27	communications facility; prohibiting local governments
28	from imposing certain restrictions on wireless
29	communications facilities; providing that a local
30	government may not require a wireless communications
31	provider to remove a wireless communications facility
32	unless the facility causes a specific adverse impact on
33	the public health, safety, or welfare of the locality;
34	requiring a local government to amend its ordinances in
35	order to comply with this act by a specified date;
36	revising provisions for lease of state-owned property by
37	wireless provider; providing that a person who is
38	adversely affected by a decision of local government
39	relating to a wireless communications facility may bring
40	an action within a specified period; providing for the
41	computation of the time period; providing that a person
42	who is adversely affected by a decision of a local
43	government relating to a wireless communications facility
44	may bring an action at any time if the person is seeking
45	only equitable relief to compel a local government to
46	comply with the procedures of the act; providing an
47	effective date.
48
49	Be It Enacted by the Legislature of the State of Florida:
50
51	Section 1.  Subsections (3), (6), and (11) of section
52	365.172, Florida Statutes, are amended to read:
53	365.172  Wireless emergency telephone number "E911."--
54	(3)  DEFINITIONS.--As used in this section and ss. 365.173
55	and 365.174, the term:
56	(a)  "Active prepaid wireless telephone" means a prepaid
57	wireless telephone that has been used by the customer during the
58	month to complete a telephone call for which the customer's card
59	or balance was decremented.
60	(b)  "Administrative review" means the nondiscretionary
61	review conducted by local governmental staff for compliance with
62	local government ordinances, but does not include a public
63	hearing or review of public input.
64	(c)(b)  "Answering point" means the public safety agency
65	that receives incoming 911 calls and dispatches appropriate
66	public safety agencies to respond to the such calls.
67	(d)(c)  "Automatic location identification" means the
68	capability of the E911 service which enables the automatic
69	display of information that defines the approximate geographic
70	location of the wireless telephone used to place a 911 call.
71	(e)(d)  "Automatic number identification" means the
72	capability of the E911 service which enables the automatic
73	display of the 10-digit service number used to place a 911 call.
74	(f)(e)  "Board" means the board of directors of the
75	Wireless 911 Board.
76	(g)  "Building-permit review" means a review for compliance
77	with building construction standards adopted by the local
78	government under chapter 553 and does not include a review for
79	compliance with land development regulations.
80	(h)  "Collocation" means the situation when a second or
81	subsequent wireless provider uses an existing structure to
82	locate a second or subsequent antenna. The term includes the
83	ground, platform, or roof installation of equipment enclosures,
84	cabinets, or buildings, and cables, brackets, and other
85	equipment associated with the location and operation of the
86	antennas.
87	(i)(g)  "E911" is the designation for a wireless enhanced
88	911 system or wireless enhanced 911 service that is an emergency
89	telephone system or service that provides a subscriber with
90	wireless 911 service and, in addition, directs 911 calls to
91	appropriate public safety answering points by selective routing
92	based on the geographical location from which the call
93	originated, or as otherwise provided in the state plan under s.
94	365.171, and that provides for automatic number identification
95	and automatic location-identification features in accordance
96	with the requirements of the order.
97	(j)  "Existing structure" means a structure that exists at
98	the time an application for permission to place antennas on a
99	structure is filed with a local government. The term includes
100	any structure that can support the attachment of antennas,
101	including, but not limited to, towers, buildings, utility
102	structures, light poles, water towers, clock towers, bell
103	towers, and steeples.
104	(k)(h)  "Fee" means the E911 fee imposed under subsection
105	(8).
106	(l)(i)  "Fund" means the Wireless Emergency Telephone
107	System Fund established in s. 365.173 and maintained under this
108	section for the purpose of recovering the costs associated with
109	providing 911 service or E911 service, including the costs of
110	implementing the order.
111	(m)  "Historic building, structure, or district" means any
112	building, structure, or district that has been officially
113	designated as a historic building, historic structure, or
114	historic district through a federal, state, or local designation
115	program.
116	(n)  "Land-development regulation" means any ordinance
117	enacted by a local governing body for the regulation of any
118	aspect of development, including an ordinance governing zoning,
119	subdivisions, landscaping, tree protection, or signs, or any
120	other ordinance concerning any aspect of the development of
121	land. The term does not include any building-construction
122	standard adopted under and in compliance with chapter 553.
123	(o)(j)  "Local exchange carrier" means a "competitive local
124	exchange telecommunications company" or a "local exchange
125	telecommunications company" as defined in s. 364.02.
126	(p)(k)  "Local government" means any municipality, county,
127	or political subdivision or agency of a municipality, county, or
128	political subdivision.
129	(q)(l)  "Mobile telephone number" or "MTN" means the
130	telephone number assigned to a wireless telephone at the time of
131	initial activation.
132	(r)(f)  "Office" means the State Technology Office.
133	(s)(m)  "Order" means:
134	1.  The following orders and rules of the Federal
135	Communications Commission issued in FCC Docket No. 94-102:
136	a.  Order adopted on June 12, 1996, with an effective date
137	of October 1, 1996, the amendments to s. 20.03 and the creation
138	of s. 20.18 of Title 47 of the Code of Federal Regulations
139	adopted by the Federal Communications Commission pursuant to the
140	such order.
141	b.  Memorandum and Order No. FCC 97-402 adopted on December
142	23, 1997.
143	c.  Order No. FCC DA 98-2323 adopted on November 13, 1998.
144	d.  Order No. FCC 98-345 adopted December 31, 1998.
145	2.  Orders and rules subsequently adopted by the Federal
146	Communications Commission relating to the provision of wireless
147	911 services.
148	(t)(o)  "Prepaid wireless telephone service" means wireless
149	telephone service that is activated in advance by payment for a
150	finite dollar amount of service or for a finite set of minutes
151	that terminate either upon use by a customer and delivery by the
152	wireless provider of an agreed-upon amount of service
153	corresponding to the total dollar amount paid in advance or
154	within a certain period of time following the initial purchase
155	or activation, unless additional payments are made.
156	(u)(n)  "Provider" or "wireless provider" means a person or
157	entity who provides service and either:
158	1.  Is subject to the requirements of the order; or
159	2.  Elects to provide wireless 911 service or E911 service
160	in this state.
161	(v)(p)  "Public agency" means the state and any
162	municipality, county, municipal corporation, or other
163	governmental entity, public district, or public authority
164	located in whole or in part within this state which provides, or
165	has authority to provide, firefighting, law enforcement,
166	ambulance, medical, or other emergency services.
167	(w)(q)  "Public safety agency" means a functional division
168	of a public agency which provides firefighting, law enforcement,
169	medical, or other emergency services.
170	(x)(r)  "Rural county" means any county that has a
171	population of fewer than 75,000.
172	(y)(s)  "Service" means "commercial mobile radio service"
173	as provided under ss. 3(27) and 332(d) of the Federal
174	Telecommunications Act of 1996, 47 U.S.C., ss. 151 et seq., and
175	the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-
176	66, August 10, 1993, 107 Stat. 312. The term "service" includes
177	the term "wireless" and service provided by any wireless real-
178	time two-way wire communication device, including radio-
179	telephone communications used in cellular telephone service;
180	personal communications service; or the functional or
181	competitive equivalent of a radio-telephone communications line
182	used in cellular telephone service, a personal communications
183	service, or a network radio access line. The term does not
184	include wireless providers that offer mainly dispatch service in
185	a more localized, noncellular configuration; providers offering
186	only data, one-way, or stored-voice services on an
187	interconnected basis; providers of air-to-ground services; or
188	public coast stations.
189	(z)(t)  "Service number" means the unique 10-digit wireless
190	telephone number assigned to a service subscriber.
191	(aa)(u)  "Sufficient positive balance" means a dollar
192	amount greater than or equal to the monthly wireless surcharge
193	amount.
194	(bb)  "Tower" means any structure designed primarily to
195	support a wireless provider's antenna.
196	(cc)  "Wireless communications facility" means any
197	equipment or facility used to provide service, and includes, but
198	is not limited to, antennas, towers, equipment enclosures,
199	cabling, antenna brackets, and other equipment.
200	(dd)  "Wireless communications site" means the area on the
201	roof, structure, or ground which is designed, intended to be
202	used, or is used for the location of a wireless communications
203	facility, and any fencing and landscaping provided in
204	association with the wireless communications facility.
205	(ee)(v)  "Wireless 911 system" or "wireless 911 service"
206	means an emergency telephone system or service that provides a
207	subscriber with the ability to reach an answering point by
208	dialing the digits "911." A wireless 911 system is complementary
209	to a wired 911 system as provided for in s. 365.171.
210	(6)  AUTHORITY OF THE BOARD; ANNUAL REPORT.--
211	(a)  The board shall:
212	1.  Administer the E911 fee.
213	2.  Implement, maintain, and oversee the fund.
214	3.  Review and oversee the disbursement of the revenues
215	deposited into the fund as provided in s. 365.173. The board may
216	establish a schedule for implementing wireless E911 service by
217	service area, and prioritize disbursements of revenues from the
218	fund to providers and rural counties as provided in s.
219	365.173(2)(b) and (c) pursuant to the schedule, in order to
220	implement E911 services in the most efficient and cost-effective
221	manner.
222	4.  Review documentation submitted by providers which
223	reflects current and projected funds derived from the E911 fee,
224	and the expenses incurred and expected to be incurred, in order
225	to comply with the E911 service requirements contained in the
226	order for the purposes of:
227	a.  Ensuring that providers receive fair and equitable
228	distributions of funds from the fund.
229	b.  Ensuring that providers are not provided disbursements
230	from the fund which exceed the costs of providing E911 service,
231	including the costs of complying with the order.
232	c.  Ascertaining the projected costs of compliance with the
233	requirements of the order and projected collections of the E911
234	fee.
235	d.  Implementing changes to the allocation percentages or
236	reducing the E911 fee under paragraph (8)(c).
237	5.  Review and approve or reject, in whole or in part,
238	applications submitted by providers for recovery of moneys
239	deposited into the fund.
240	6.  Hire and retain employees, including an independent
241	executive director who shall possess experience in the area of
242	telecommunications and emergency 911 issues, for the purposes of
243	performing the technical and administrative functions for the
244	board.
245	7.  Make and enter into contracts, pursuant to chapter 287,
246	and execute other instruments necessary or convenient for the
247	exercise of the powers and functions of the board.
248	8.  Take all necessary and reasonable steps by July 1,
249	2000, to secure appropriate information and reports from
250	providers and otherwise perform all of the functions that would
251	be performed by an independent accounting firm prior to
252	completing the request-for-proposals process under subsection
253	(7).
254	9.  Sue and be sued, and appear and defend in all actions
255	and proceedings, in its corporate name to the same extent as a
256	natural person.
257	10.  Adopt, use, and alter a common corporate seal.
258	11.  Elect or appoint the officers and agents that are
259	required by the affairs of the board.
260	12.  The board may adopt rules under ss. 120.536(1) and
261	120.54 to implement this section and ss. 365.173 and 365.174.
262	13.  Provide coordination, support, and technical
263	assistance to counties to promote the deployment of advanced 911
264	and E911 systems in the state.
265	14.  Provide coordination and support for educational
266	opportunities related to 911 issues for the 911 community in
267	this state.
268	15.  Act as an advocate for issues related to 911 system
269	functions, features, and operations to improve the delivery of
270	911 services to the residents of and visitors to this state.
271	16.  Coordinate input from this state at national forums
272	and associations, to ensure that policies related to 911 systems
273	and services are consistent with the policies of the 911
274	community in this state.
275	17.  Work cooperatively with the system director
276	established in s. 365.171(5) to enhance the state of 911
277	services in this state and to provide unified leadership for all
278	911 issues through planning and coordination.
279	18.  Do all acts and things necessary or convenient to
280	carry out the powers granted in this section, including but not
281	limited to, consideration of emerging technology and related
282	cost savings.
283	19.  By July 1, 2004, secure the services of an
284	independent, private attorney via invitation to bid, request for
285	proposals, invitation to negotiate, or professional contracts
286	for legal services already established at the Division of
287	Purchasing of the Department of Management Services.
288	20.  No later than August 1, 2004, establish a subcommittee
289	responsible for analyzing the cost and effectiveness of a
290	nonemergency 311 system, including the potential to improve the
291	overall efficiency of an existing 911 system or reduce 911 call
292	processing times. The subcommittee shall report its findings and
293	recommendations to the board by December 31, 2004.
294	(b)  Board members shall serve without compensation;
295	however, members are entitled to per diem and travel expenses as
296	provided in s. 112.061.
297	(c)  By February 28 of each year, the board shall prepare a
298	report for submission by the office to the Governor, the
299	President of the Senate, and the Speaker of the House of
300	Representatives which reflects, for the immediately preceding
301	calendar year, the quarterly and annual receipts and
302	disbursements of moneys in the fund, the purposes for which
303	disbursements of moneys from the fund have been made, and the
304	availability and status of implementation of E911 service in
305	this state.
306	(d)  By February 28, 2001, the board shall undertake and
307	complete a study for submission by the office to the Governor,
308	the President of the Senate, and the Speaker of the House of
309	Representatives which addresses:
310	1.  The total amount of E911 fee revenues collected by each
311	provider, the total amount of expenses incurred by each provider
312	to comply with the order, and the amount of moneys on deposit in
313	the fund, all as of December 1, 2000.
314	2.  Whether the amount of the E911 fee and the allocation
315	percentages set forth in s. 365.173 should be adjusted to comply
316	with the requirements of the order, and, if so, a recommended
317	adjustment to the E911 fee.
318	3.  Any other issues related to providing wireless E911
319	services.
320	(11)  FACILITATING E911 SERVICE IMPLEMENTATION.--In order
321	to balance the public need for reliable E911 services through
322	reliable wireless systems with the public interest served by
323	governmental zoning and land development regulations and
324	notwithstanding any other law or local ordinance to the
325	contrary, the following standards shall apply to a local
326	government's regulation of the placement, construction, or
327	modification of a wireless communications facility:
328	(a)1.  To reduce the proliferation of new towers,
329	collocation Colocation among wireless telephone service
330	providers is encouraged by the state. An application to place an
331	antenna To further facilitate agreements among providers for
332	colocation of their facilities, any antennae and related
333	equipment to service the antennae that is being collocated
334	colocated on an existing above-ground structure that does not
335	increase the height of the existing structure or any existing
336	antenna, whichever is higher, and to place the related equipment
337	to serve the antenna is not subject to land development
338	regulation and shall only require building-permit review
339	pursuant to s. 163.3202, provided the height of the existing
340	structure is not increased. However, construction of the
341	antennae and related equipment is subject to local building
342	regulations and any existing permits or agreements for such
343	property, buildings, or structures. This section does not
344	Nothing herein shall relieve the applicant permitholder for or
345	the owner of the existing structure from of compliance with any
346	applicable previously approved and existing condition or
347	requirement of a permit or, agreement, or land development
348	regulation, including any previously approved aesthetic
349	requirements imposed by administrative order, resolution, or
350	ordinance for development of the specific wireless
351	communications site which is not inconsistent with this
352	subsection. Existing conditions or requirements of an existing
353	permit or agreement for an antenna on a historic building or
354	historic structure or in a historic district shall apply
355	regardless of whether such conditions or requirements are
356	inconsistent with this subsection, or law.
357	2.  An existing tower, including a nonconforming tower, may
358	be modified or replaced without increasing the height in order
359	to permit collocation, provided that the replacement tower is a
360	monopole tower or, if the tower to be replaced is a camouflaged
361	tower, the replacement tower is a like-camouflaged tower. The
362	modification or replacement shall be subject only to
363	administrative review and to building-permit review.
364	(b)1.  A local government may not review or consider a
365	wireless provider's business need for a specific location for a
366	wireless communications site or the need for wireless service to
367	be provided from a particular site unless the wireless provider
368	voluntarily offers such information to the local government. A
369	local government may not evaluate the wireless provider's
370	service quality or the network design of the wireless service.
371	Local government is limited when evaluating a wireless
372	provider's application for placement of a wireless
373	communications facility to issues concerning land development
374	and zoning and may only request information or require submittal
375	materials on network design or service quality if such
376	information or materials are directly related to land
377	development and zoning issues.
378	2.  The setback or distance separation required of a tower
379	may not exceed the minimum distance necessary to satisfy the
380	public health, safety, or welfare concern that is protected by
381	the setback or distance separation.
382	3.  A local government must provide a reasonable
383	opportunity for placing some form or type of wireless
384	communications facility in all areas of a local government's
385	jurisdiction, unless the jurisdiction can demonstrate that a
386	prohibition of all forms or types of wireless communications
387	facilities in a specific location or area is the only manner in
388	which to protect the public health, safety, and welfare of that
389	area.
390	4.  A local government may impose a fee, surety, or
391	insurance requirement on a wireless provider when applying to
392	place, construct, or modify a wireless communications facility
393	only if a similar fee, surety, or insurance requirement is also
394	imposed on applicants seeking similar types of zoning, land use,
395	or building-permit review. Fees for review of applications for
396	wireless communications facilities by consultants or experts who
397	are routinely engaged to review general zoning and land use
398	matters on behalf of the local government may be recovered, but
399	only if the recovery is routinely sought from all applicants
400	seeking a similar level of review for zoning or land-development
401	approvals, and any fees must be reasonable.
402	(c)(b)  Local governments may shall not require wireless
403	providers to provide evidence of a wireless communications
404	facility's compliance with federal regulations. However, local
405	governments may request shall receive evidence of proper Federal
406	Communications Commission licensure or other evidence of Federal
407	Communications Commission authorized spectrum use from a
408	wireless provider and may request the Federal Communications
409	Commission to provide information as to a wireless provider's
410	compliance with federal regulations, as authorized by federal
411	law.
412	(d)(c)1.  A local government shall grant or deny each a
413	properly completed application for a wireless communications
414	facility reviewed through administrative review or building-
415	permit review a permit, including permits under paragraph(a),
416	for the colocation of a wireless communications facility on
417	property, buildings, or structures within the local government's
418	jurisdiction within 45 business days after the date the properly
419	completed application is determined to be properly completed
420	initially submitted in accordance with this paragraph the
421	applicable local government application procedures, provided
422	that such permit complies with applicable federal regulations
423	and applicable local zoning or land development regulations,
424	including any aesthetic requirements. Local building regulations
425	shall apply. If administrative reviews are required from
426	multiple departments of the local government, such reviews shall
427	be concurrent and all within the 45-business-day timeframe.
428	2.  A local government shall grant or deny each a properly
429	completed application for a wireless communications facility
430	reviewed through other than administrative review or building-
431	permit review a permit for the siting of a new wireless tower or
432	antenna on property, buildings, or structures within the local
433	government's jurisdiction within 90 business days after the date
434	the properly completed application is determined to be properly
435	completed initially submitted in accordance with this paragraph
436	the applicable local government application procedures, provided
437	that such permit complies with applicable federal regulations
438	and applicable local zoning or land development regulations,
439	including any aesthetic requirements. Local building regulations
440	shall apply. If the local government review of the wireless
441	communications facility also includes applications for
442	administrative review, each shall be within the applicable
443	timeframe indicated in this section.
444	3.a.  An application is deemed submitted or resubmitted on
445	the date the application is received by the local government.
446	The local government shall notify the permit applicant within 20
447	business days after the date the application is initially
448	submitted as to whether the application is, for administrative
449	purposes only, properly completed and has been properly
450	submitted. However, the such determination shall not be deemed
451	as an approval of the application. If the application is not
452	completed in compliance with the local government's regulations,
453	the Such notification must shall indicate with specificity any
454	deficiencies that which, if cured, shall make the application
455	properly completed. Upon resubmission of information to cure the
456	stated deficiencies, the local government shall notify the
457	applicant within 20 business days after the additional
458	information is submitted whether the application is properly
459	completed or if there are any remaining deficiencies that must
460	be cured. Any deficiencies not specified by the local government
461	in the initial notice are waived.
462	b.  If the local government fails to grant or deny a
463	properly completed application for a wireless communications
464	facility permit which has been properly submitted within the
465	timeframes set forth in this paragraph, the application
466	paragraph, the permit shall be deemed automatically approved and
467	the applicant provider may proceed with placement of such
468	facilities without interference or penalty. The timeframes
469	specified in subparagraph subparagraphs 1. and 2. shall be
470	extended only to the extent that the application permit has not
471	been granted or denied because the local government's procedures
472	generally applicable to all applications permits, require action
473	by the governing body and such action has not taken place within
474	the timeframes specified in subparagraph subparagraphs 1. and 2.
475	Under such circumstances, the local government must act to
476	either grant or deny the application permit at its next
477	regularly scheduled meeting or, otherwise, the application
478	permit shall be deemed to be automatically approved.
479	c.  To be effective, a waiver of the timeframes set forth
480	in this paragraph herein must be voluntarily agreed to by the
481	applicant and the local government. A local government may
482	request, but not require, a waiver of the timeframes by the
483	applicant an entity seeking a permit, except that, with respect
484	to a specific permit, a one-time waiver may be required in the
485	case of a declared local, state, or federal emergency that
486	directly affects the administration of all permitting activities
487	of the local government.
488	(d)  Any additional wireless communications facilities,
489	such as communication cables, adjacent accessory structures, or
490	adjacent accessory equipment used in the provision of cellular,
491	enhanced specialized mobile radio, or personal communications
492	services, required within the existing secured equipment
493	compound within the existing site shall be deemed a permitted
494	use or activity. Local building and land development
495	regulations, including any aesthetic requirements, shall apply.
496	(e)  A local government may not impose square footage or
497	height limitations on equipment enclosures, cabinets, or
498	buildings inconsistent with those required for other structures
499	in the same zoning district. This paragraph supersedes any
500	existing limitation imposed on equipment enclosures, cabinets,
501	or buildings by agreement, ordinance, resolution, or land
502	development regulation.
503	(f)  The replacement of or modification to a wireless
504	communications facility, except a tower, that results in a
505	wireless communications facility of similar size, type, and
506	appearance and the replacement or modification of equipment that
507	is not visible from outside the wireless communications site are
508	subject only to building-permit review.
509	(g)  If a local government regulation or procedure does not
510	conform to the requirements of this section, the regulation or
511	procedure must be amended to do so by January 1, 2005.
512	(h)1.(e)  The use of state government-owned property for
513	wireless communications facilities is encouraged. Any other
514	provision of law to the contrary notwithstanding, the Department
515	of Management Services or its designated representative shall
516	negotiate, in the name of the state, leases for wireless
517	communications facilities that provide access to state
518	government-owned property not acquired for transportation
519	purposes, and the Department of Transportation shall negotiate,
520	in the name of the state, leases for wireless communications
521	facilities that provide access to property acquired for state
522	rights-of-way.
523	2.  On property acquired for transportation purposes,
524	leases shall be granted in accordance with s. 337.251. On other
525	state government-owned property, the Board of Trustees of the
526	Internal Improvement Trust Fund or the Division of State Lands
527	of the Department of Environmental Protection, acting as the
528	board's designated representative, shall assess state-owned
529	properties for availability for placement of E911 wireless
530	communications facilities and provide an inventory of available
531	and nonavailable state-owned properties to the Department of
532	Management Services by September 1, 2004. The Board of Trustees
533	of the Internal Improvement Trust Fund or the Division of State
534	Lands as the board's designated representative shall be the
535	entity that makes the final determination of availability of any
536	specific property for leasing to wireless providers. Such state
537	government-owned property shall be presumed available for
538	leasing to wireless providers, which presumption may be rebutted
539	by the applicable state agency that holds title to the property,
540	government agency responsible for managing the property, or
541	government agency leasing the property by an affirmative showing
542	that leasing the property for use by a wireless communications
543	facility will materially interfere with the use by the
544	applicable agency or will materially interfere with the lease
545	terms of the government agency leasing the property, or by
546	showing that access to the property is not available for
547	security purposes or is otherwise not allowed for public health,
548	safety, and welfare reasons. If determined available, leases for
549	nontransportation state government-owned property shall be
550	procured through negotiation by the Department of Management
551	Services or its designated representative or through other
552	competitive procurement method and leases shall be granted on a
553	space available, first-come, first-served basis as determined by
554	the Department of Management Services. Payments required by
555	state government under a lease must be reasonable and must
556	reflect the market rate for the use of the state government-
557	owned property. Lease payments shall be deposited in the
558	Wireless Emergency Telephone System Fund and shall be
559	distributed to counties for payment of E911 and 911 service
560	costs in the percentage indicated in s. 365.173(2)(a). A
561	percentage of payments collected shall be deposited and
562	accounted for in the Supervision Trust Fund and shall be
563	distributed to the Department of Management Services for costs
564	in implementing the lease program. The leasing process shall be
565	as established by rule adopted by the Department of Management
566	Services. The Department of Management Services and the
567	Department of Transportation are authorized to adopt rules for
568	the terms and conditions and granting of any such leases.
569	3.  Review or consideration of any applicable zoning or
570	land use issues shall be with the local government. If a
571	wireless provider applies to enter into a lease to use state
572	government-owned property for a wireless communications
573	facility, the Department of Management Services or the
574	Department of Transportation, as applicable, shall not review or
575	consider any zoning or land use issues.
576	4.  The Department of Management Services or the Department
577	of Transportation, as applicable, shall grant or deny each
578	properly completed application for a wireless communications
579	facility on state government-owned property within 45 business
580	days after the date the application is determined to be properly
581	completed. The Department of Management Services or the
582	Department of Transportation, as applicable, shall notify the
583	applicant within 20 business days after the date the application
584	is initially submitted as to whether the application is properly
585	completed and has been properly submitted. If the application is
586	not complete in accordance within the applicable application
587	review procedures, the notification shall indicate with
588	specificity any deficiencies which, if cured, shall make the
589	application properly completed. Upon resubmission of information
590	to cure the stated deficiencies, the Department of Management
591	Services or the Department of Transportation, as applicable,
592	shall notify the applicant within 10 business days after the
593	additional information was submitted whether the application is
594	properly completed or if there are any remaining deficiencies
595	which must be cured. To be effective, a waiver of any timeframe
596	set forth herein must be voluntarily agreed to by the applicant
597	and the Department of Management Services or the Department of
598	Transportation, as applicable. If the Department of Management
599	Services or the Department of Transportation, as applicable,
600	fails to grant or deny a properly completed application within
601	the timeframes set forth in this subsection and the timeframe
602	has not be voluntarily waived, the application shall be deemed
603	automatically approved and the applicant may proceed with
604	placement of such facilities without interference or penalty.
605	(i)  Any person adversely affected by any action or failure
606	to act by a local government which is inconsistent with this
607	subsection may bring an action in a court of competent
608	jurisdiction within 30 days after the action or the failure to
609	act. The court shall consider the matter on an expedited basis.
610	(f)  Any wireless telephone service provider may report to
611	the board no later than September 1, 2003, the specific
612	locations or general areas within a county or municipality where
613	the provider has experienced unreasonable delay to locate
614	wireless telecommunications facilities necessary to provide the
615	needed coverage for compliance with federal Phase II E911
616	requirements using its own network. The provider shall also
617	provide this information to the specifically identified county
618	or municipality no later than September 1, 2003. Unless the
619	board receives no report that unreasonable delays have occurred,
620	the board shall, no later than September 30, 2003, establish a
621	subcommittee responsible for developing a balanced approach
622	between the ability of providers to locate wireless facilities
623	necessary to comply with federal Phase II E911 requirements
624	using the carrier's own network and the desire of counties and
625	municipalities to zone and regulate land uses to achieve public
626	welfare goals. If a subcommittee is established, it shall
627	include representatives from the Florida Telecommunications
628	Industry Association, the Florida Association of Counties, and
629	the Florida League of Cities. The subcommittee shall be charged
630	with developing recommendations for the board and any
631	specifically identified municipality or county to consider
632	regarding actions to be taken for compliance for federal Phase
633	II E911 requirements. In the annual report due to the Governor
634	and the Legislature by February 28, 2004, the board shall
635	include any recommendations developed by the subcommittee to
636	address compliance with federal Phase II E911 requirements.
637	Section 2.  This act shall take effect July 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.