Senate Bill sb0620c1

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    Florida Senate - 2005                            CS for SB 620

    By the Committee on Communications and Public Utilities; and
    Senator Bennett




    579-1738-05

  1                      A bill to be entitled

  2         An act relating to the wireless emergency

  3         telephone system; amending s. 11.45, F.S.;

  4         removing the annual audit of the Wireless

  5         Emergency Telephone System Fund from the duties

  6         of the Auditor General; amending s. 364.02,

  7         F.S.; revising fee schedules for providers of

  8         interexchange telecommunications services;

  9         amending s. 365.171, F.S.; revising provisions

10         for certain nonemergency telephone number pilot

11         projects; amending s. 365.172, F.S.; limiting

12         application of definitions; adding definitions

13         relating to wireless telephone communications;

14         revising duties of the Wireless 911 Board;

15         providing for grants and loans to certain

16         counties for the purpose of upgrading E911

17         systems; authorizing the hiring of an executive

18         director and an independent, private attorney;

19         specifying that state and local governments are

20         not customers for specified purposes; providing

21         legislative intent regarding the emergency

22         wireless telephone system; providing standards

23         for local governments to follow when regulating

24         the placement, construction, or modification of

25         a wireless communications facility; directing

26         local governments to grant or deny properly

27         completed applications within specified time

28         periods; providing criteria and procedures for

29         local approval of an application by a provider

30         of wireless communications services;

31         authorizing the local government to impose an

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 1         application fee; directing local governments to

 2         notify a provider in writing of the

 3         deficiencies in an application; directing local

 4         governments to notify a provider in writing

 5         whether the resubmission of information

 6         properly completes the application; permitting

 7         local governments to continue requesting

 8         information until the application deficiencies

 9         are cured; providing for a limited review by a

10         local government of an accessory wireless

11         communications facility; prohibiting local

12         governments from imposing certain restrictions

13         on wireless communications facilities;

14         providing that an action brought by a person

15         adversely affected by a decision of a local

16         government relating to a wireless

17         communications facility shall be considered on

18         an expedited basis; removing certain complaint

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

20         directing how a county may use funds derived

21         from the E911 fee; requiring the board of

22         county commissioners to appropriate the funds

23         to the proper uses; removing the requirement

24         that the Auditor General annually audit the

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

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

27         utilities subject to regulation to remove

28         certain application provisions; providing an

29         effective date.

30  

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

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

 2  Statutes, is amended to read:

 3         11.45  Definitions; duties; authorities; reports;

 4  rules.--

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

 6         (a)  Conduct audits of records and perform related

 7  duties as prescribed by law, concurrent resolution of the

 8  Legislature, or as directed by the Legislative Auditing

 9  Committee.

10         (b)  Annually conduct a financial audit of state

11  government.

12         (c)  Annually conduct financial audits of all

13  universities and district boards of trustees of community

14  colleges.

15         (d)  Annually conduct financial audits of the accounts

16  and records of all district school boards in counties with

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

18  recent federal decennial statewide census.

19         (e)  Annually conduct an audit of the Wireless

20  Emergency Telephone System Fund as described in s. 365.173.

21         (e)(f)  Annually conduct audits of the accounts and

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

23         (f)(g)  At least every 2 years, conduct operational

24  audits of the accounts and records of state agencies and

25  universities. In connection with these audits, the Auditor

26  General shall give appropriate consideration to reports issued

27  by state agencies' inspectors general or universities'

28  inspectors general and the resolution of findings therein.

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

30  audit of the local government financial reporting system,

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

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 1  provisions related to local government financial reporting.

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

 3  efficiency, and effectiveness of the reporting system in

 4  achieving its goals and to make recommendations to the local

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

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

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

 8  audits. The local government financial reporting system should

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

10  accumulation of financial and other information that can be

11  used by the members of the Legislature and other appropriate

12  officials to accomplish the following goals:

13         1.  Enhance citizen participation in local government;

14         2.  Improve the financial condition of local

15  governments;

16         3.  Provide essential government services in an

17  efficient and effective manner; and

18         4.  Improve decisionmaking on the part of the

19  Legislature, state agencies, and local government officials on

20  matters relating to local government.

21         (h)(i)  Once every 3 years, conduct performance audits

22  of the Department of Revenue's administration of the ad

23  valorem tax laws as described in s. 195.096.

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

25  the accounts and records of all district school boards in

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

27  most recent federal decennial statewide census.

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

29  state agency's internal audit reports to determine compliance

30  with current Standards for the Professional Practice of

31  

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 1  Internal Auditing or, if appropriate, government auditing

 2  standards.

 3         (k)(l)  Conduct audits of local governmental entities

 4  when determined to be necessary by the Auditor General, when

 5  directed by the Legislative Auditing Committee, or when

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

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

 8  such appropriate followup procedures as he or she deems

 9  necessary to determine the audited entity's progress in

10  addressing the findings and recommendations contained within

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

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

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

14  Legislative Auditing Committee.

15  

16  The Auditor General shall perform his or her duties

17  independently but under the general policies established by

18  the Legislative Auditing Committee. This subsection does not

19  limit the Auditor General's discretionary authority to conduct

20  other audits or engagements of governmental entities as

21  authorized in subsection (3).

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

23  Statutes, is amended to read:

24         364.02  Definitions.--As used in this chapter:

25         (13)  "Telecommunications company" includes every

26  corporation, partnership, and person and their lessees,

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

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

29  telecommunications service to the public for hire within this

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

31  "telecommunications company" does not include:

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 1         (a)  An entity which provides a telecommunications

 2  facility exclusively to a certificated telecommunications

 3  company;

 4         (b)  An entity which provides a telecommunications

 5  facility exclusively to a company which is excluded from the

 6  definition of a telecommunications company under this

 7  subsection;

 8         (c)  A commercial mobile radio service provider;

 9         (d)  A facsimile transmission service;

10         (e)  A private computer data network company not

11  offering service to the public for hire;

12         (f)  A cable television company providing cable service

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

14         (g)  An intrastate interexchange telecommunications

15  company.

16  

17  However, each commercial mobile radio service provider and

18  each intrastate interexchange telecommunications company shall

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

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

21  pursuant to ss. 364.025 and 364.336. Each intrastate

22  interexchange telecommunications company shall continue to be

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

24  364.336, 364.501, 364.603, and 364.604, shall provide the

25  commission with the such current information as the commission

26  deems necessary to contact and communicate with the company,

27  shall continue to pay intrastate switched network access rates

28  or other intercarrier compensation to the local exchange

29  telecommunications company or the competitive local exchange

30  telecommunications company for the origination and termination

31  of interexchange telecommunications service, and shall reduce

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

 2  364.163(2).

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

 4  365.171, Florida Statutes, is amended to read:

 5         365.171  Emergency telephone number "911."--

 6         (13)  "911" FEE.--

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

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

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

10  to be paid by the local exchange subscribers within its

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

12  "911" fee shall be used only for "911" expenditures as set

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

14  said payment shall be as follows:

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

16  service, the telephone company shall, insofar as is

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

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

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

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

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

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

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

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

25         2.  Fees collected by the telephone company pursuant to

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

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

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

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

30  fees.

31  

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

 2  system or that is actively pursuing the implementation of a

 3  "911" system shall establish a fund to be used exclusively for

 4  receipt and expenditure of "911" fee revenues collected

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

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

 7  costs described in subparagraph 6. The money collected and

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

 9  purposes by the county commissioners and incorporated into the

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

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

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

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

14  annual basis unspent moneys in the fund for expenditures

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

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

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

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

19  for capital improvements described in this subsection. The

20  carryover shall be documented by resolution of the board of

21  county commissioners expressing the purpose of the carryover

22  or by an adopted capital improvement program identifying

23  projected expansion or replacement expenditures for "911"

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

25  "911" fee carryover surplus moneys be used for any purpose

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

27  installation charges authorized in subparagraph 6. Nothing in

28  this section shall prohibit a county from using other sources

29  of revenue for improvements, replacements, or expansions of

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

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

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

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

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

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

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

 6  adjustment.

 7         4.  The telephone company shall have no obligation to

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

 9  The telephone company shall provide quarterly to the county a

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

11  all subscribers who have identified to the telephone company

12  their refusal to pay the "911" fee.

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

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

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

16  to the telephone company.

17  

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

19  exchange telephone service provider of "911" service or

20  equipment to any county within its certificated area.

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

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

23  not necessarily provide the total funding required for

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

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

26  management, call taking, location verification, and call

27  transfer. The following costs directly attributable to the

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

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

30  fee authorized by this section: the acquisition,

31  implementation, and maintenance of Public Safety Answering

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

 2  in the Florida Public Service Commission's lawfully approved

 3  "911" and related tariffs and/or the acquisition,

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

 5  including call answering equipment, call transfer equipment,

 6  ANI controllers, ALI controllers, ANI displays, ALI displays,

 7  station instruments, "911" telecommunications systems,

 8  teleprinters, logging recorders, instant playback recorders,

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

10  PSAP backup power systems, consoles, automatic call

11  distributors, and interfaces (hardware and software) for

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

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

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

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

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

17  equivalent staff assistant position per county for the portion

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

19  costs for PSAP call takers in the proper methods and

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

21  expenses required to develop and maintain all information (ALI

22  and ANI databases and other information source repositories)

23  necessary to properly inform call takers as to location

24  address, type of emergency, and other information directly

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

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

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

28  nonemergency system, which improves the overall efficiency of

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

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

31  However, No wireless telephone service provider shall be

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 1  required to participate in any this pilot project or to

 2  otherwise implement a nonemergency "311" system or similar

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

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

 5  any capital or operational costs for emergency responses which

 6  occur after the call transfer to the responding public safety

 7  entity and the costs for constructing buildings, leasing

 8  buildings, maintaining buildings, or renovating buildings,

 9  except for those building modifications necessary to maintain

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

11  equipment rooms.

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

13  "911" service be available throughout the state. Expenditure

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

15  should support this goal to the greatest extent feasible

16  within the context of local service needs and fiscal

17  capability. Nothing in this section shall be construed to

18  prohibit two or more counties from establishing a combined

19  emergency "911" telephone service by interlocal agreement and

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

21  combined "911" service.

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

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

24  Florida Statutes, are amended to read:

25         365.172  Wireless emergency telephone number "E911."--

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

27  365.173 and 365.174, the term:

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

29  prepaid wireless telephone that has been used by the customer

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

31  customer's card or balance was decremented.

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

 2  that receives incoming 911 calls and dispatches appropriate

 3  public safety agencies to respond to the such calls.

 4         (c)  "Automatic location identification" means the

 5  capability of the E911 service which enables the automatic

 6  display of information that defines the approximate geographic

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

 8         (d)  "Automatic number identification" means the

 9  capability of the E911 service which enables the automatic

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

11  call.

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

13  Wireless 911 Board.

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

15  compliance with building construction standards adopted by the

16  local government under chapter 553 and does not include a

17  review for compliance with land development regulations.

18  "Office" means the State Technology Office.

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

20  subsequent wireless provider uses an existing structure to

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

22  ground, platform, or roof installation of equipment

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

24  other equipment associated with the location and operation of

25  the antennae.

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

27  manner of deployment of service the wireless provider has

28  designed for an area as part of its network.

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

30  enhanced 911 system or wireless enhanced 911 service that is

31  an emergency telephone system or service that provides a

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

 2  911 calls to appropriate public safety answering points by

 3  selective routing based on the geographical location from

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

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

 6  number identification and automatic location-identification

 7  features in accordance with the requirements of the order.

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

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

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

11  includes any structure that can structurally support the

12  attachment of antennae in compliance with applicable codes.

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

14  subsection (8).

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

16  System Fund established in s. 365.173 and maintained under

17  this section for the purpose of recovering the costs

18  associated with providing 911 service or E911 service,

19  including the costs of implementing the order.

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

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

22  district that has been officially designated as a historic

23  building, historic structure, historic site, historic object,

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

25  designation program.

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

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

28  of development, including an ordinance governing zoning,

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

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

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

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 1  does not include any building construction standard adopted

 2  under and in compliance with chapter 553.

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

 4  local exchange telecommunications company" or a "local

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

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

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

 8  county, or political subdivision.

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

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

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

12  telephone number assigned to a wireless telephone at the time

13  of initial activation.

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

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

16         1.  The following orders and rules of the Federal

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

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

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

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

21  Regulations adopted by the Federal Communications Commission

22  pursuant to such order.

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

24  December 23, 1997.

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

26  1998.

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

28         2.  Orders and rules subsequently adopted by the

29  Federal Communications Commission relating to the provision of

30  wireless 911 services.

31  

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

 2  wireless telephone service that is activated in advance by

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

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

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

 6  of service corresponding to the total dollar amount paid in

 7  advance or within a certain period of time following the

 8  initial purchase or activation, unless additional payments are

 9  made.

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

11  person or entity who provides service and either:

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

13         2.  Elects to provide wireless 911 service or E911

14  service in this state.

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

16  municipality, county, municipal corporation, or other

17  governmental entity, public district, or public authority

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

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

20  ambulance, medical, or other emergency services.

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

22  division of a public agency which provides firefighting, law

23  enforcement, medical, or other emergency services.

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

25  population of fewer than 75,000.

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

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

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

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

30  103-66, August 10, 1993, 107 Stat. 312. The term "service"

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

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

 2  including radio-telephone communications used in cellular

 3  telephone service; personal communications service; or the

 4  functional or competitive equivalent of a radio-telephone

 5  communications line used in cellular telephone service, a

 6  personal communications service, or a network radio access

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

 8  mainly dispatch service in a more localized, noncellular

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

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

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

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

13  wireless telephone number assigned to a service subscriber.

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

15  amount greater than or equal to the monthly wireless surcharge

16  amount.

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

18  support a wireless provider's antennae.

19         (dd)  "Wireless communications facility" means any

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

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

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

23  wireless communications facility on an existing structure does

24  not cause the existing structure to become a wireless

25  communications facility.

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

27  service" means an emergency telephone system or service that

28  provides a subscriber with the ability to reach an answering

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

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

31  365.171.

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

 2         (a)  The board shall:

 3         1.  Administer the E911 fee.

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

 5         3.  Review and oversee the disbursement of the revenues

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

 7  may establish a schedule for implementing wireless E911

 8  service by service area, and prioritize disbursements of

 9  revenues from the fund to providers and rural counties as

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

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

12  cost-effective manner. Revenues collected and deposited into

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

14  which have not been disbursed because sworn invoices as

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

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

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

18  purpose of upgrading E911 systems. Grants provided to rural

19  counties would be in addition to disbursements provided under

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

21  based on county hardship criteria as determined and approved

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

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

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

25  actions within its authority to ensure that county recipients

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

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

28  actions within its authority to secure county repayment of

29  grant and loan revenues upon determination that the funds were

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

31  

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 1         4.  Review documentation submitted by providers which

 2  reflects current and projected funds derived from the E911

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

 4  order to comply with the E911 service requirements contained

 5  in the order for the purposes of:

 6         a.  Ensuring that providers receive fair and equitable

 7  distributions of funds from the fund.

 8         b.  Ensuring that providers are not provided

 9  disbursements from the fund which exceed the costs of

10  providing E911 service, including the costs of complying with

11  the order.

12         c.  Ascertaining the projected costs of compliance with

13  the requirements of the order and projected collections of the

14  E911 fee.

15         d.  Implementing changes to the allocation percentages

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

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

18  applications submitted by providers for recovery of moneys

19  deposited into the fund.

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

21  independent executive director who shall possess experience in

22  the area of telecommunications and emergency 911 issues, for

23  the purposes of performing the technical and administrative

24  functions for the board.

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

26  287, and execute other instruments necessary or convenient for

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

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

29  2000, to secure appropriate information and reports from

30  providers and otherwise perform all of the functions that

31  would be performed by an independent accounting firm prior to

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 1  completing the request-for-proposals process under subsection

 2  (7).

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

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

 5  extent as a natural person.

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

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

 8  required by the affairs of the board.

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

10  120.54 to implement this section and ss. 365.173 and 365.174.

11         13.  Provide coordination, support, and technical

12  assistance to counties to promote the deployment of advanced

13  911 and E911 systems in the state.

14         14.  Provide coordination and support for educational

15  opportunities related to 911 issues for the 911 community in

16  this state.

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

18  system functions, features, and operations to improve the

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

20  this state.

21         16.  Coordinate input from this state at national

22  forums and associations, to ensure that policies related to

23  911 systems and services are consistent with the policies of

24  the 911 community in this state.

25         17.  Work cooperatively with the system director

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

27  services in this state and to provide unified leadership for

28  all 911 issues through planning and coordination.

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

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

31  

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 1  not limited to, consideration of emerging technology and

 2  related cost savings.

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

 4  independent, private attorney via invitation to bid, request

 5  for proposals, invitation to negotiate, or professional

 6  contracts for legal services already established at the

 7  Division of Purchasing of the Department of Management

 8  Services.

 9         (b)  Board members shall serve without compensation;

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

11  as provided in s. 112.061.

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

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

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

15  Representatives which reflects, for the immediately preceding

16  calendar year, the quarterly and annual receipts and

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

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

19  availability and status of implementation of E911 service in

20  this state.

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

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

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

24  House of Representatives which addresses:

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

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

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

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

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

30  allocation percentages set forth in s. 365.173 should be

31  

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

 2  so, a recommended adjustment to the E911 fee.

 3         3.  Any other issues related to providing wireless E911

 4  services.

 5         (8)  WIRELESS E911 FEE.--

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

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

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

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

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

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

12  throughout the state.

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

14  allocation percentages provided in s. 365.173 or reduce the

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

16  recovery or prevent overrecovery of costs incurred in the

17  provision of E911 service, including costs incurred or

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

19  allocation percentages or reduced fee may not be adjusted for

20  1 year 2 years. The fee may not exceed 50 cents per month per

21  each service number.

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

23  balance the public need for reliable E911 services through

24  reliable wireless systems and the public interest served by

25  governmental zoning and land development regulations and

26  notwithstanding any other law or local ordinance to the

27  contrary, the following standards shall apply to a local

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

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

30  communications facility. For the purposes of this subsection

31  only, "local government" shall mean any municipality or county

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 1  and any agency of a municipality or county only. The term

 2  "local government" does not, however, include any airport, as

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

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

 5  or county. Further, notwithstanding anything in this section

 6  to the contrary, this subsection does not apply to or control

 7  a local government's actions as a property or structure owner

 8  in the use of any property or structure owned by such entity

 9  for the placement, construction, or modification of wireless

10  communications facilities. In the use of property or

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

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

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

14  provisions of this subsection.:

15         (a)  Collocation Colocation among wireless telephone

16  service providers is encouraged by the state. To further

17  facilitate agreements among providers for colocation of their

18  facilities, any antennae and related equipment to service the

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

20  structure is not subject to land development regulation

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

22  structure is not increased. However, construction of the

23  antennae and related equipment is subject to local building

24  regulations and any existing permits or agreements for such

25  property, buildings, or structures.

26         1.a.  Collocations on towers, including nonconforming

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

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

29  review which may include a review for compliance with this

30  subparagraph. Such collocations are not subject to any design

31  or placement requirements of the local government's land

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 1  development regulations in effect at the time of the

 2  collocation that are more restrictive than those in effect at

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

 4  other portion of the land development regulations, or to

 5  public hearing or public input review.

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

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

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

 9  antenna attached to the tower;

10         (II)  The collocation does not increase the ground

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

12  site plan for equipment enclosures and ancillary facilities;

13  and

14         (III)  The collocation consists of antennae, equipment

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

16  configuration consistent with all applicable regulations,

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

18  antennae placed on the tower and to its accompanying equipment

19  enclosures and ancillary facilities and, if applicable,

20  applied to the tower supporting the antennae. Such regulations

21  may include the design and aesthetic requirements, but not

22  procedural requirements, other than those authorized by this

23  section, of the local government's land development

24  regulations in effect at the time the initial antennae

25  placement was approved.

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

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

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

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

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

31  administrative review for compliance with this subparagraph.

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

 2  government's land development regulations not addressed

 3  herein, or to public hearing or public input review.

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

 5  the existing structure to which the antennae are to be

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

 7  structure or any existing antenna attached to the structure;

 8         (II)  The collocation does not increase the ground

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

10  in the site plan for equipment enclosures and ancillary

11  facilities;

12         (III)  The collocation consists of antennae, equipment

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

14  configuration consistent with any applicable structural or

15  aesthetic design requirements and any requirements for

16  location on the structure, but not prohibitions or

17  restrictions on the placement of additional collocations on

18  the existing structure or procedural requirements, other than

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

20  land development regulations in effect at the time of the

21  collocation application; and

22         (IV)  The collocation consists of antennae, equipment

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

24  configuration consistent with all applicable restrictions or

25  conditions, if any, that do not conflict with

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

27  antennae placed on the structure and to its accompanying

28  equipment enclosures and ancillary facilities and, if

29  applicable, applied to the structure supporting the antennae.

30         c.  Regulations, restrictions, conditions, or permits

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

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 1  that limit the number of collocations or require review

 2  processes inconsistent with this subsection shall not apply to

 3  collocations addressed in this subparagraph.

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

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

 6  the height of the proposed antennae over the existing

 7  structure height or a proposal to expand the ground space

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

 9  all other portions of the collocation meet the requirements of

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

11  reviewed under the local government's regulations applicable

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

13  including, but not limited to, its land development

14  regulations, and within the review timeframes of subparagraph

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

16  accordance with this subparagraph. A collocation proposal

17  under this subparagraph that increases the ground space area,

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

19  plan for equipment enclosures and ancillary facilities by no

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

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

22  however, require no more than administrative review for

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

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

25  building-permit review, with no public hearing or public input

26  review.

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

28  subparagraph 1., the local government may review the

29  application under the local government's regulations,

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

31  

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 1  applicable to the placement of an initial antennae and its

 2  accompanying equipment enclosure and ancillary facilities.

 3         3.  If a collocation meets the requirements of

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

 5  modification to an existing structure or an impermissible

 6  modification of a nonconforming structure.

 7         4.  The Nothing herein shall relieve the permitholder

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

 9  antennae are to be collocated shall remain responsible for

10  structure of compliance with any applicable condition or

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

12  condition or requirement of the land development regulations

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

14  time the tower was permitted, including any aesthetic

15  requirements, provided the condition or requirement is not

16  inconsistent with this paragraph or law.

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

18  may be structurally modified in order to permit collocation or

19  may be replaced through no more than administrative review,

20  with no public hearing or public input review, and

21  building-permit review if the overall height of the tower is

22  not increased and, if a replacement, the replacement tower is

23  a monopole tower or, if the existing tower is a camouflaged

24  tower, the replacement tower is a like-camouflaged tower.

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

26  construction regulations for wireless communications

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

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

29  communications facility shall only address land development or

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

31  the local government may not require information on or

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 1  evaluate a wireless provider's business decisions about its

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

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

 4  wireless provider voluntarily offers this information to the

 5  local government. In such local government regulations or

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

 7  evaluate the wireless provider's designed service unless the

 8  information or materials are directly related to an identified

 9  land development or zoning issue or unless the wireless

10  provider voluntarily offers the information. Information or

11  materials directly related to an identified land development

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

13  that no existing structure can reasonably be used for the

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

15  that residential areas cannot be served from outside the

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

17  proposed height of a new tower or initial antennae placement

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

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

20  designed service. Nothing in this paragraph shall limit the

21  local government from reviewing any applicable land

22  development or zoning issue addressed in its adopted

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

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

25  location priorities, structural design, and setbacks.

26         2.  Any setback or distance separation required of a

27  tower may not exceed the minimum distance necessary, as

28  determined by the local government, to satisfy the structural

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

30  setback or distance separation.

31  

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 1         3.  A local government may exclude the placement of

 2  wireless communications facilities in a residential area or

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

 4  constitute an actual or effective prohibition of the

 5  provider's designed service in that residential area or zoning

 6  district. If a wireless provider demonstrates to the

 7  satisfaction of the local government that it cannot reasonably

 8  provide its designed service to the residential area or zone

 9  from outside the residential area or zone, the local

10  government and provider shall cooperate to determine an

11  appropriate location for a wireless communications facility of

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

13  local government may require that the wireless provider

14  reimburse the reasonable costs incurred by the local

15  government for this cooperative determination. An application

16  for such cooperative determination shall not be considered an

17  application under paragraph (11)(d).

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

19  applications to place, construct, or modify a wireless

20  communications facility only if a similar fee is imposed on

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

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

23  the review of applications for wireless communications

24  facilities by consultants or experts who conduct code

25  compliance review for the local government but any fee is

26  limited to specifically identified reasonable expenses

27  incurred in the review. A local government may impose

28  reasonable surety requirements to ensure the removal of

29  wireless communications facilities that are no longer being

30  used.

31  

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 1         5.  A local government may impose design requirements,

 2  such as requirements for designing towers to support

 3  collocation or aesthetic requirements, except as otherwise

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

 5  information on compliance with building code type standards

 6  for the construction or modification of wireless

 7  communications facilities beyond those adopted by the local

 8  government under chapter 553 and that apply to all similar

 9  types of construction.

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

11  wireless providers to provide evidence of a wireless

12  communications facility's compliance with federal regulations,

13  except. However, local governments shall receive evidence of

14  compliance with applicable Federal Aviation Administration

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

16  of proper Federal Communications Commission licensure, or

17  other evidence of Federal Communications Commission authorized

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

19  Communications Commission to provide information as to a

20  wireless provider's compliance with federal regulations, as

21  authorized by federal law.

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

23  properly completed application for a collocation permit,

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

25  for the colocation of a wireless communications facility on

26  property, buildings, or structures within the local

27  government's jurisdiction within the normal timeframe for a

28  similar building-permit review but in no case later than 45

29  business days after the date the properly completed

30  application is determined to be properly completed in

31  accordance with this paragraph initially submitted in

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 1  accordance with the applicable local government application

 2  procedures, provided that such permit complies with applicable

 3  federal regulations and applicable local zoning or land

 4  development regulations, including any aesthetic requirements.

 5  Local building regulations shall apply.

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

 7  properly completed application for any other wireless

 8  communications facility within the normal timeframe for a

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

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

11  buildings, or structures within the local government's

12  jurisdiction within 90 business days after the date the

13  properly completed application is determined to be properly

14  completed in accordance with this paragraph initially

15  submitted in accordance with the applicable local government

16  application procedures, provided that such permit complies

17  with applicable federal regulations and applicable local

18  zoning or land development regulations, including any

19  aesthetic requirements. Local building regulations shall

20  apply.

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

22  on the date the application is received by the local

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

24  permit applicant in writing that the application is not

25  completed in compliance with the local government's

26  regulations within 20 business days after the date the

27  application is initially submitted or additional information

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

29  administrative purposes only, to be properly completed and has

30  been properly submitted. However, the such determination shall

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

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 1  application is not completed in compliance with the local

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

 3  the applicant in writing and the Such notification must shall

 4  indicate with specificity any deficiencies in the required

 5  documents or deficiencies in the content of the required

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

 7  completed. Upon resubmission of information to cure the stated

 8  deficiencies, the local government shall notify the applicant,

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

10  case longer than 20 business days after the additional

11  information is submitted, of any remaining deficiencies that

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

13  specified by the local government do not make the application

14  incomplete. Notwithstanding this sub-subparagraph, if a

15  specified deficiency is not properly cured when the applicant

16  resubmits its application to comply with the notice of

17  deficiencies, the local government may continue to request the

18  information until such time as the specified deficiency is

19  cured. The local government may establish reasonable

20  timeframes within which the required information to cure the

21  application deficiency is to be provided or the application

22  will be considered withdrawn or closed.

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

24  properly completed application for a wireless communications

25  facility permit which has been properly submitted within the

26  timeframes set forth in this paragraph, the application permit

27  shall be deemed automatically approved and the applicant

28  provider may proceed with placement of the such facilities

29  without interference or penalty. The timeframes specified in

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

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

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 1  granted or denied because the local government's procedures

 2  generally applicable to all other similar types of

 3  applications permits, require action by the governing body and

 4  such action has not taken place within the timeframes

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

 6  circumstances, the local government must act to either grant

 7  or deny the application permit at its next regularly scheduled

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

 9  deemed to be automatically approved.

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

11  forth in this paragraph herein must be voluntarily agreed to

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

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

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

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

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

17  federal emergency that directly affects the administration of

18  all permitting activities of the local government.

19         (d)  Any additional wireless communications facilities,

20  such as communication cables, adjacent accessory structures,

21  or adjacent accessory equipment used in the provision of

22  cellular, enhanced specialized mobile radio, or personal

23  communications services, required within the existing secured

24  equipment compound within the existing site shall be deemed a

25  permitted use or activity. Local building and land development

26  regulations, including any aesthetic requirements, shall

27  apply.

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

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

30  wireless communications facility not readily discernibly

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

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 1  ground level from surrounding properties, and the replacement

 2  or modification of equipment that is not visible from

 3  surrounding properties, all as reasonably determined by the

 4  local government, are subject to no more than applicable

 5  building-permit review.

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

 7  notwithstanding, the Department of Management Services shall

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

 9  communications facilities that provide access to state

10  government-owned property not acquired for transportation

11  purposes, and the Department of Transportation shall

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

13  communications facilities that provide access to property

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

15  transportation purposes, leases shall be granted in accordance

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

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

18  first-served basis. Payments required by state government

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

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

21  Department of Management Services and the Department of

22  Transportation are authorized to adopt rules for the terms and

23  conditions and granting of any such leases.

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

25  failure to act or regulation or requirement of a local

26  government in the review or regulation of the wireless

27  communication facilities files an appeal or brings an

28  appropriate action in a court or venue of competent

29  jurisdiction, following the exhaustion of all administrative

30  remedies, the matter shall be considered on an expedited

31  basis.

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 1         (f)  Any wireless telephone service provider may report

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

 3  locations or general areas within a county or municipality

 4  where the provider has experienced unreasonable delay to

 5  locate wireless telecommunications facilities necessary to

 6  provide the needed coverage for compliance with federal Phase

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

 8  also provide this information to the specifically identified

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

10  the board receives no report that unreasonable delays have

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

12  establish a subcommittee responsible for developing a balanced

13  approach between the ability of providers to locate wireless

14  facilities necessary to comply with federal Phase II E911

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

16  counties and municipalities to zone and regulate land uses to

17  achieve public welfare goals. If a subcommittee is

18  established, it shall include representatives from the Florida

19  Telecommunications Industry Association, the Florida

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

21  subcommittee shall be charged with developing recommendations

22  for the board and any specifically identified municipality or

23  county to consider regarding actions to be taken for

24  compliance for federal Phase II E911 requirements. In the

25  annual report due to the Governor and the Legislature by

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

27  developed by the subcommittee to address compliance with

28  federal Phase II E911 requirements.

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

30  Florida Statutes, are amended to read:

31         365.173  Wireless Emergency Telephone System Fund.--

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

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

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

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

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

 6  of wireless subscriber billing addresses in each county, for

 7  payment of:

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

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

10         2.  Costs to comply with the requirements for E911

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

12  the order.

13  

14  Any county that receives funds under this paragraph shall

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

16  expenditure of the revenues collected under this paragraph.

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

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

19  money collected and interest earned in this fund shall be

20  appropriated for these purposes by the county commissioners

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

22  be included within the financial audit performed in accordance

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

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

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

26  for expenditures for capital outlay, capital improvements, or

27  equipment replacement, if such expenditures are made for the

28  purposes specified in this paragraph.

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

30  distributed in response to sworn invoices submitted to the

31  board by providers to reimburse such providers for the actual

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

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

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

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

 5  necessary data, hardware, and software required to provide

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

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

 8  costs and expenses incurred for the purposes of managing,

 9  administering, and overseeing the receipts and disbursements

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

11  365.172(6). Any funds retained for such purposes in a calendar

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

13  31 of the following year shall be distributed to providers

14  pursuant to this paragraph. Beginning in state fiscal year

15  2000-2001, Each provider shall submit to the board, by August

16  1 of each year, a detailed estimate of the capital and

17  operating expenses for which it anticipates that it will seek

18  reimbursement under this paragraph during the ensuing state

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

20  submit to the Legislature its legislative budget request for

21  funds to be allocated to providers under this paragraph during

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

23  based on the information submitted by the providers and

24  estimated surcharge revenues. Distributions of moneys in the

25  fund by the board to providers must be fair and

26  nondiscriminatory. If the total amount of moneys requested by

27  providers pursuant to invoices submitted to the board and

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

29  month, providers that have invoices approved for payment shall

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

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

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

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

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

 4  requested by providers pursuant to invoices submitted to the

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

 6  fund.

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

 8  monthly distributions to rural counties for the purpose of

 9  providing facilities and network and service enhancements and

10  assistance for the 911 or E911 systems operated by rural

11  counties and for the provision of reimbursable loans and

12  grants by the office to rural counties for upgrading 911

13  systems.

14  

15  The Legislature recognizes that the wireless E911 fee

16  authorized under s. 365.172 will not necessarily provide the

17  total funding required for establishing or providing the 911

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

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

20         (3)  The Auditor General shall annually audit the fund

21  to ensure that moneys in the fund are being managed in

22  accordance with this section and s. 365.172. The Auditor

23  General shall provide a report of the annual audit to the

24  board.

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

26  337.401, Florida Statutes, is amended to read:

27         337.401  Use of right-of-way for utilities subject to

28  regulation; permit; fees.--

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

30  applicable to providers of communications services, including,

31  but not limited to, the circumstances described in paragraph

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

 2  nondiscriminatory treatment of providers of telecommunications

 3  services, and because of the desire to promote competition

 4  among providers of communications services, it is the intent

 5  of the Legislature that municipalities and counties treat

 6  providers of communications services in a nondiscriminatory

 7  and competitively neutral manner when imposing rules or

 8  regulations governing the placement or maintenance of

 9  communications facilities in the public roads or

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

11  or county relating to providers of communications services

12  placing or maintaining communications facilities in its roads

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

14  of communications services and, notwithstanding any other law,

15  may not require a provider of communications services, except

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

17  enter into an individual license, franchise, or other

18  agreement with the municipality or county as a condition of

19  placing or maintaining communications facilities in its roads

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

21  regulations that a municipality or county may adopt relating

22  to the placement or maintenance of communications facilities

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

24  municipality or county may require a provider of

25  communications services that places or seeks to place

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

27  municipality or county and to provide the name of the

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

29  contact person for the registrant; the number of the

30  registrant's current certificate of authorization issued by

31  the Florida Public Service Commission or the Federal

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 1  Communications Commission; and proof of insurance or

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

 3  Nothing in this subparagraph is intended to limit or expand

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

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

 6  require an individual license, franchise, or other agreement

 7  as prohibited by this subparagraph.

 8         2.  Notwithstanding the provisions of subparagraph 1.,

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

10  award one or more franchises within its jurisdiction for the

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

12  shall not provide cable service without such franchise. Each

13  municipality and county retains authority to negotiate all

14  terms and conditions of a cable service franchise allowed by

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

16  related to franchise fees and the definition of gross revenues

17  or other definitions or methodologies related to the payment

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

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

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

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

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

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

24  governmental access facilities to the extent permitted by

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

26  right to recover any such expenses associated with such

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

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

29  

30  

31  

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    Florida Senate - 2005                            CS for SB 620
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                              SB 620

 3                                 

 4  The Committee Substitute for Senate Bill 620 makes the
    following changes:
 5  
    -Adds definitions, deletes definition, and limits application
 6  of definitions.

 7  -Authorizes the Wireless E911 Board to utilize revenues from
    the Wireless Providers Trust Fund to provide grants to rural
 8  counties and loans to medium counties to upgrade their E911
    systems and requires full repayment of the funds in a manner
 9  and timeframe as approved by the Board.

10  -Excludes airports from the definition of "local government"
    for the purposes of local government siting of wireless
11  facilities.

12  -Provides for three types of collocations and provides
    different criteria and standards of review for each.
13  
    -Authorizes local governments to impose a reasonable surety
14  requirement on wireless providers to ensure the removal of
    wireless communications facilities that are no longer being
15  used.

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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