Florida Senate - 2020 SB 1472 By Senator Book 32-01791-20 20201472__ 1 A bill to be entitled 2 An act relating to public safety communications 3 systems; amending s. 365.172, F.S.; authorizing the 4 Governor to require the improvement of inadequate 5 communications systems or the specific placement of 6 towers under certain circumstances; requiring a local 7 government to reimburse the state for such costs under 8 certain circumstances; providing factors that the 9 Division of State Technology within the Department of 10 Management Services may consider to find that a 11 community’s communications system is inadequate; 12 providing a declaration of important state interest; 13 providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Paragraph (h) is added to subsection (13) of 18 section 365.172, Florida Statutes, to read: 19 365.172 Emergency communications number “E911.”— 20 (13) FACILITATING E911 SERVICE IMPLEMENTATION.—To balance 21 the public need for reliable E911 services through reliable 22 wireless systems and the public interest served by governmental 23 zoning and land development regulations and notwithstanding any 24 other law or local ordinance to the contrary, the following 25 standards shall apply to a local government’s actions, as a 26 regulatory body, in the regulation of the placement, 27 construction, or modification of a wireless communications 28 facility. This subsection shall not, however, be construed to 29 waive or alter the provisions of s. 286.011 or s. 286.0115. For 30 the purposes of this subsection only, “local government” shall 31 mean any municipality or county and any agency of a municipality 32 or county only. The term “local government” does not, however, 33 include any airport, as defined by s. 330.27(2), even if it is 34 owned or controlled by or through a municipality, county, or 35 agency of a municipality or county. Further, notwithstanding 36 anything in this section to the contrary, this subsection does 37 not apply to or control a local government’s actions as a 38 property or structure owner in the use of any property or 39 structure owned by such entity for the placement, construction, 40 or modification of wireless communications facilities. In the 41 use of property or structures owned by the local government, 42 however, a local government may not use its regulatory authority 43 so as to avoid compliance with, or in a manner that does not 44 advance, the provisions of this subsection. 45 (h)1. Notwithstanding this subsection or any other law, 46 rule, regulation, county charter, ordinance, resolution, deed, 47 restrictive covenant, or contract provision, if the office finds 48 that a public safety communications system used by a public 49 safety agency for radio communications or E911 services is 50 inadequate, and the local government responsible for providing 51 the infrastructure necessary for such system has not corrected 52 the inadequacy within 2 years after such a finding, the Governor 53 may, in the interest of public safety: 54 a. Cause the necessary improvements to the public safety 55 communications system to be made. The local government that is 56 responsible for the system must reimburse the state the costs 57 for such improvements; and 58 b. Order that any new or replacement towers that will be 59 used by a public safety agency for radio communications or E911 60 services be placed on any property, if such placement is in 61 compliance with Federal Aviation Administration rules and 62 regulations and other laws, rules, or regulations strictly 63 related to public safety. 64 2. The office may find that a communications system is 65 inadequate if the system is unable to support the public safety 66 needs of a community based on the age of the system, the number 67 of towers available within the community, or the ability of the 68 system as a whole to withstand high volumes of radio and 69 cellular traffic during a short timeframe. 70 Section 2. The Legislature finds that an important state 71 interest is served in protecting the public safety by ensuring 72 that public safety agencies are able to rely on communications 73 systems and towers to provide adequate radio and E911 services. 74 Therefore, the Legislature finds and declares that this act 75 fulfills an important state interest. 76 Section 3. This act shall take effect July 1, 2020.