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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 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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