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

(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.