Effective – 28 Aug 2014, 2 histories
67.5102. Prohibited acts. — In accordance with the policies of this state to further the deployment of wireless communications infrastructure:
(1) An authority may not institute any moratorium on the permitting, construction, or issuance of approval of new wireless support structures, substantial modifications of wireless support structures, or collocations if such moratorium exceeds six months in length and if the legislative act establishing it fails to state reasonable grounds and good cause for such moratorium. No such moratorium shall affect an already pending application;
(2) To encourage applicants to request construction of new wireless support structures on public lands and to increase local revenues:
(a) An authority may not charge a wireless service provider or wireless infrastructure provider any rental, license, or other fee to locate a wireless facility or wireless support structure on an authority’s property in excess of the current market rates for rental or use of similarly situated property. If the applicant and the authority do not agree on the applicable market rate for any such public land and cannot agree on a process by which to derive the applicable market rate for any such public land, then the market rate will be determined by a state-certified general real estate appraiser licensed under chapter 339 mutually agreed upon by the parties at the applicant’s cost. The appraisal process shall be concluded within ninety calendar days from the date the applicant first tenders its proposed lease rate to the authority. In the event either party is dissatisfied with the value determined by the appraiser, such party may bring an action for review in any court of competent jurisdiction. The court shall rule on any such petition for review in an expedited manner. Nothing in this paragraph shall bar an applicant and an authority from agreeing to reasonable, periodic reviews and adjustments of current market rates during the term of a lease or contract to use an authority’s property; and
(b) An authority may not offer a lease or contract to use public lands to locate a wireless support structure on an authority’s property that is less than fifteen years in duration unless the applicant agrees to accept a lease or contract of less than fifteen years in duration;
(3) Nothing in subdivision (2) of this section is intended to limit an authority’s lawful exercise of zoning, land use, or planning and permitting authority with respect to applications for new wireless support structures on an authority’s property under subsection 1 of section 67.5096.
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(L. 2013 H.B. 331 merged with H.B. 345, A.L. 2014 S.B. 650)