Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60H - Division of Facilities Management › Chapter 60H-9 - LEASE OR SUBLEASE OF STATE OWNED PROPERTY FOR E911 SYSTEM WIRELESS COMMUNICATIONS FACILITY › Section 60H-9.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) For purposes of this rule chapter, each
				of these words shall have the following meaning:
(a) Agency - An official, officer,
				commission, authority, council, committee, department, division, bureau, board,
				section, or other unit or entity of the executive or judicial branch of state
				government.
(b) Available - A
				decision that State-owned Property may be used for the placement of a Wireless
				Communications Facility, based on a determination that placement meets the
				evaluation requirements of the Owner Agency and Managing Agency.
(c) Department - Department of Management
				Services.
(d) Determination of
				Availability - A process for assessing an identified State-owned Property for
				placement of a Wireless Communications Facility. A Determination of
				Availability consists of a Provider's proposal for placement and the Owner and
				Managing Agency's evaluation that the placement is in the best interest of the
				State, is consistent with the current and future use of the State-owned
				Property and balances the Agencies' mission with the public need for a reliable
				E911 System.
(e) Division of State
				Lands - Florida Department of Environmental Protection, Division of State
				Lands.
(f) E911 - The designation
				for a wireless enhanced 911 system or wireless enhanced 911 service that is an
				emergency telephone system or service that provides a subscriber with wireless
				911 service and, in addition, directs 911 calls to appropriate public safety
				answering points by selective routing based on the geographical location from
				which the call originated, or as otherwise provided in the State plan under
				Section  365.171(4),
				F.S., and that provides for automatic number identification and automatic
				location-identification features in accordance with requirements of the
				Order.
(g) Lease Agreement - An
				agreement that is negotiated and executed by the Department as set forth in
				Rule  60H-9.005, F.A.C., under which a
				Provider leases or subleases State-owned Property directly from the Managing
				Agency if a lease agreement is in effect or the Owner Agency, for the
				installation of a Wireless Communication Facility.
(h) Managing Agency - An Agency with
				exclusive lease agreement or other proprietary authorization from the Board of
				Trustees of the Internal Improvement Trust Fund of the State of Florida or
				other Owner Agency to occupy and manage a particular State-owned
				Property.
(i) Order - Federal
				Communications Commission orders referenced in Section
				 365.172(3)(m),
				F.S.
(j) Owner Agency - A state
				entity vested with title to State-owned Property.
(k) Owner Representative - The agency serving
				as title-holder, managing entity or agency employee with oversight
				responsibilities regarding State-owned real estate.
(l) Preliminary Determination of Availability
				- Initial site evaluation by the Provider for viability of a specific site and
				suitability by the Owner Agency and Managing Agency before proceeding with the
				Availability assessment.
(m)
				Provider - A private person or entity who is subject to the requirements of an
				Order and provides E911 Service in this state.
(n) Request for Locations - A Provider's
				written request to the Department to locate an E911 Service on state-owned land
				or buildings in a defined area within the state.
(o) Service - Commercial mobile radio service
				as defined in Section
				 365.172(3)(s),
				F.S.
(p) State-owned Property -
				Real or personal property, structures or buildings, the title to which is
				vested in the Board of Trustees of the Internal Improvement Trust Fund of the
				State of Florida or any agency (as defined in Section
				 255.502(3),
				F.S.), except those properties for which the Department of Transportation
				serves as the owner-representative, on behalf of the Owner Agency, excluded as
				set forth in Rule  60H-9.003, F.A.C.
(q) Viable - A determination by a Provider
				that a specific state-owned property is acceptable for their needs as a site to
				place a tower with antenna or antenna on an existing state-owned
				structure.
(r) Wireless
				Communications Antenna Support Structure - A structure, including related
				equipment, intended to support wireless communications equipment used in the
				provision of Service. Wireless Communications Antenna Support Structures are
				generally described as either monopole (freestanding), lattice
				(self-supporting), guyed (anchored with guy wires or cables) or camouflaged
				(disguised so as to not appear to be an antenna support structure).
(s) Wireless Communications Antenna - A
				device designed to transmit or receive communications authorized by the Federal
				Communications Commission (FCC).
(t) Wireless Communications Facility - Any
				equipment or facility used to provide E911 Service, including Wireless
				Communications Antenna, Wireless Communications Antenna Support Structure,
				accessory equipment enclosures, and ancillary cabling, brackets, and other such
				ancillary equipment.