Fla. Admin. Code Ann. R. 60H-9.004 - Requests for Locations and Determination of Availability

(1) Overview. The Department will negotiate leases between the Providers and Owner Agencies or subleases between the Providers and Managing Agencies (if the State-owned Property is under an existing lease agreement) for the installation of Wireless Communication Facilities following a Determination of Availability by the Division of State Lands (acting as agent for the Owner Agency, the Board of Trustees of the Internal Improvement Trust Fund) or other Owner Agency, as well as from the Managing Agency when applicable, as described below.

(2) All Owner and Managing Agencies of State-owned Property shall provide contact information to the Department and the Department shall advise Providers of the appropriate contact information. A Provider shall initially submit a Request for Locations to the Department which, in turn, shall forward the request to the Owner Agency and Managing Agency with responsibility for the subject property. All Managing Agencies that perform as the owner-representative, on behalf of an Owner Agency, for real property not excluded as set forth in Rule 60H-9.003, F.A.C., shall provide a contact individual to the Department. Contact information and the Request for Locations shall be submitted to:

Department of Management Services

Facilities Program Director

Division of Facilities Management and Building Construction

4050 Esplanade Way

Suite 380

Tallahassee, Florida 32399-0950

(3) Provider shall communicate with the Managing Agency, followed by Communications with the Owner Agency, to discuss the availability of the subject State-owned Property for the requested placement of a Wireless Communications Facility. If requested by the Provider, a physical site review shall be scheduled to determine if the site is viable for placement of a Wireless Communication Facility.

(4) Once a Provider has located a viable site, the Preliminary Determination of Availability process begins, which involves the Provider, Owner Agency and Managing Agency. The Provider shall submit a written request for Preliminary Determination of Availability to the Managing Agency, Owner Agency and the Department. The Department shall accept, on a first come, first served basis, the written request for Preliminary Determination of Availability. The request for Preliminary Determination of Availability shall contain sufficient basic evaluation information as follows:

(a) Information regarding the business of Provider, including services provided, qualification as a legal entity to transact business in Florida, and required governmental entity licenses;

(b) Location of the proposed site with general description;

(c) Type of proposed Wireless Communications Facility including a sketch of proposed project with placement on the premises;

(d) Build out size of any proposed antenna support structure;

(e) Proposed project schedule;

(f) Letter from the Owner Agency and the Managing Agency acknowledging the potential of the proposed site.

(5) If more than one request for Preliminary Determination of Availability is filed for the same State-owned Property, applications for the same general type of facility (e.g., two applications for a Wireless Communications Antenna Support Structure or two applications for the placement of Antennas on the same building) in the same general location on the Property, shall be processed on a first come, first served basis, as determined by the date a completed request for Preliminary Determination of Availability is received by the Department.

(6) After review of the Provider's request pursuant to subsection (4) above, the Owner Agency and Managing Agency shall make a Preliminary Determination within sixty (60) days as to whether the State-owned Property is potentially available as a site for the proposed Wireless Communications Facility. Such determination shall be based on the following evaluation criteria:

(a) Whether the placement and operation of the proposed wireless communications facility will interfere with the current or planned future use of the State-owned Property;

(b) Whether the placement and operation of the proposed Wireless Communication Facility will compromise or negatively impact the operation, security, or function of the agency currently managing the State-owned Property; and

(c) Whether the placement and operation of the proposed Wireless Communications Facility is in the best interest of the State, balancing the benefits of the Owner and Managing Agency's mission, safety of the public and the benefits of reliable E911 Service.

(7) If the Preliminary Determination of Availability by the Owner Agency is that the property is Available, but the Managing Agency makes a Preliminary Determination of Availability that the property is not available, the Provider may request a meeting with the Managing Agency to seek to change the Preliminary Determination. After such meeting, if the Preliminary Determination by the Managing Agency is not changed, the request shall be considered denied.

(8) If the Preliminary Determination by the Owner Agency is that the property is not available, the Preliminary Determination of Availability request shall be considered denied.

(9) If the Preliminary Determination by the Owner Agency and Managing Agency is that the State-owned Property is Available, the Provider shall submit the following additional documentation at its own expense to the Owner Agency and Managing Agency for a Final Determination of Availability:

(a) Construction Drawings must contain:

1. A scaled site plan of the proposed leased or subleased premises clearly indicating the location, type, cross-section and height of the proposed Wireless Communications Facility, on-site land uses, adjacent land uses, proposed means of access, setbacks from property lines, and parking;

2. Time frame for building the proposed facility;

3. Other information applicable to the proposed lease or sublease premises and the subject structure, including the following: grading of the property; sanitary and storm sewers requirements; paving and retaining walls; water; gas and electric distribution systems; and extra-ordinary excavation or foundations; and

4. A description of the status of compliance or the ability to comply with the requirements of this section and all applicable federal, state, or local laws, ordinances, and regulations, including applicable Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) regulations; and

5. For proposed Wireless Communications Antenna Support Structures or portions of the facility to be placed on the ground:

a. A signed and sealed boundary or field survey of the proposed lease or sublease premises on which the support structure and equipment will be located, with legal description of the property proposed to be leased or subleased, which also indicates access to adjacent roadways, and

b. Elevation drawings of the proposed Communications Antenna Support Structure and any other structures associated with the proposed Wireless Communications Facility,

c. A landscape plan of the proposed leased or subleased premises showing specific landscape materials.

d. Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

(b) For proposed Wireless Communications Antenna Support Structures, a statement by Provider as to whether construction of the Antenna Support Structure will accommodate the co-location of additional antennas for future users.

(c) A signed and sealed document completed by an engineer licensed to perform engineering services in the State that all applicable structural requirements will be met.

(d) A statement by the Provider that the Wireless Communications Facility will provide E911 Service.

(10) Subsequent to the provision of the above-required documentation the Owner Agency and Managing Agency will conduct an initial review of Provider's information for sufficiency. The Managing Agency shall provide any security, access, or other site-specific language necessary to protect the interests of the Managing Agency for inclusion in the lease agreement. The Owner Agency and the Managing Agency will inform Provider of the need for any additional information, review and reporting requirements necessary due to statutory, legal, or internal requirements.

(11) The Owner Agency and Managing Agency will each provide written notification to Provider of the agency's Final Determination regarding the property's availability.

Notes

Fla. Admin. Code Ann. R. 60H-9.004

Rulemaking Authority 365.172(13)(f) FS. Law Implemented 365.172(3) FS.

New 4-24-05.

New 4-24-05.