Bill Amendment: FL S1000 | 2019 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Communications Services
Status: 2019-06-26 - Chapter No. 2019-131 [S1000 Detail]
Download: Florida-2019-S1000-Senate_Committee_Amendment_591504.html
Bill Title: Communications Services
Status: 2019-06-26 - Chapter No. 2019-131 [S1000 Detail]
Download: Florida-2019-S1000-Senate_Committee_Amendment_591504.html
Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 1000 Ì591504ÆÎ591504 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Innovation, Industry, and Technology (Hutson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 49 - 299 4 and insert: 5 Section 2. Paragraph (b) of subsection (2) of section 6 202.20, Florida Statutes, is amended to read: 7 202.20 Local communications services tax conversion rates.— 8 (2) 9 (b) Except as otherwise provided in this subsection, 10 “replaced revenue sources,” as used in this section, means the 11 following taxes, charges, fees, or other impositions to the 12 extent that the respective local taxing jurisdictions were 13 authorized to impose them prior to July 1, 2000. 14 1. With respect to municipalities and charter counties and 15 the taxes authorized by s. 202.19(1): 16 a. The public service tax on telecommunications authorized 17 by former s. 166.231(9). 18 b. Franchise fees on cable service providers as authorized 19 by 47 U.S.C. s. 542. 20 c. The public service tax on prepaid calling arrangements. 21 d. Franchise fees on dealers of communications services 22 which use the public roads or rights-of-way, up to the limit set 23 forth in s. 337.401. For purposes of calculating rates under 24 this section, it is the legislative intent that charter counties 25 be treated as having had the same authority as municipalities to 26 impose franchise fees on recurring local telecommunication 27 service revenues prior to July 1, 2000. However, the Legislature 28 recognizes that the authority of charter counties to impose such 29 fees is in dispute, and the treatment provided in this section 30 is not an expression of legislative intent that charter counties 31 actually do or do not possess such authority. 32 e. Actual permit fees relating to placing or maintaining 33 facilities in or on public roads or rights-of-way, collected 34 from providers of long-distance, cable, and mobile 35 communications services for the fiscal year ending September 30, 36 1999; however, if a municipality or charter county elects the 37 option to charge permit fees pursuant to s. 337.401(3)(c) 38337.401(3)(c)1.a., such fees shall not be included as a replaced 39 revenue source. 40 2. With respect to all other counties and the taxes 41 authorized in s. 202.19(1), franchise fees on cable service 42 providers as authorized by 47 U.S.C. s. 542. 43 Section 3. Subsection (3), paragraphs (e) and (f) of 44 subsection (6), and paragraphs (b), (c), (d), (e), (f), (g), and 45 (i) of subsection (7) of section 337.401, Florida Statutes, are 46 amended, and subsection (8) is added to that section, to read: 47 337.401 Use of right-of-way for utilities subject to 48 regulation; permit; fees.— 49 (3)(a) Because of the unique circumstances applicable to 50 providers of communications services, including, but not limited 51 to, the circumstances described in paragraph (e) and the fact 52 that federal and state law require the nondiscriminatory 53 treatment of providers of telecommunications services, and 54 because of the desire to promote competition among providers of 55 communications services, it is the intent of the Legislature 56 that municipalities and counties treat providers of 57 communications services in a nondiscriminatory and competitively 58 neutral manner, taking into account the distinct engineering, 59 construction, operation, maintenance, public works, and safety 60 requirements of the provider’s facilities, when imposing rules 61 or regulations governing the placement or maintenance of 62 communications facilities in the public roads or rights-of-way. 63 Rules or regulations imposed by a municipality or county 64 relating to providers of communications services placing or 65 maintaining communications facilities in its roads or rights-of 66 way must be generally applicable to all providers of 67 communications services and, notwithstanding any other law, may 68 not require a provider of communications services to apply for 69 or enter into an individual license, franchise, or other 70 agreement with the municipality or county as a condition of 71 placing or maintaining communications facilities in its roads or 72 rights-of-way. In addition to other reasonable rules or 73 regulations that a municipality or county may adopt relating to 74 the placement or maintenance of communications facilities in its 75 roads or rights-of-way under this subsection or subsection (7), 76 a municipality or county may require a provider of 77 communications services that places or seeks to place facilities 78 in its roads or rights-of-way to register with the municipality 79 or county. To register, a provider of communications services 80 only may be required to provide its nameand to provide the name81of the registrant; the name, address, and telephone number of a 82 contact person for the registrant; the number of the 83 registrant’s current certificate of authorization issued by the 84 Florida Public Service Commission, the Federal Communications 85 Commission, or the Department of State; and any required proof 86 of insurance or self-insuring status adequate to defend and 87 cover claims. A municipality or county may not require the 88 provision of an inventory of communications facilities, maps, 89 locations of such facilities, or other information by a 90 registrant as a condition of registration, renewal, or for any 91 other purpose; provided, however, that a municipality or county 92 may require as part of a permit application that the applicant 93 identify at-grade communications facilities within 25 feet of 94 the proposed installation location for the placement of at-grade 95 communications facilities. A municipality or county may not 96 require registration renewal more frequently than every 5 years. 97 A municipality or county may not require a provider to pay any 98 fee, cost, or other charge for registration or renewal thereof. 99 It is the intent of the Legislature that the placement, 100 operation, maintenance, upgrading, and extension of 101 communications facilities not be unreasonably interrupted or 102 delayed through the permitting or other local regulatory 103 process. Except as provided in this chapter or otherwise 104 expressly authorized by chapter 202, chapter 364, or chapter 105 610, a municipality or county may not adopt or enforce any 106 ordinance, regulation, or requirement as to the placement or 107 operation of communications facilities in a right-of-way by a 108 communications services provider authorized by state or local 109 law to operate in a right-of-way; regulate any communications 110 services; or impose or collect any tax, fee, cost, charge, or 111 exaction for the provision of communications services over the 112 communications services provider’s communications facilities in 113 a right-of-way. 114 (b) Registration described in paragraph (a) does not 115 establish a right to place or maintain, or priority for the 116 placement or maintenance of, a communications facility in roads 117 or rights-of-way of a municipality or county. Each municipality 118 and county retains the authority to regulate and manage 119 municipal and county roads or rights-of-way in exercising its 120 police power, subject to the limitations imposed in this section 121 and chapters 202 and 610. Any rules or regulations adopted by a 122 municipality or county which govern the occupation of its roads 123 or rights-of-way by providers of communications services must be 124 related to the placement or maintenance of facilities in such 125 roads or rights-of-way, must be reasonable and 126 nondiscriminatory, and may include only those matters necessary 127 to manage the roads or rights-of-way of the municipality or 128 county. 129 (c) Any municipality or county that, as of January 1, 2019, 130 elected to require permit fees from any provider of 131 communications services that uses or occupy municipal or county 132 road or rights-of-way pursuant to former paragraph (c) or 133 paragraph (j), Florida Statutes 2018, may continue to require 134 and collect such fees. A municipality or county that elected as 135 of such date to require permit fees may elect to forego such 136 fees as provided herein. A municipality or county that elected 137 as of such date not to require permit fees may not elect to 138 impose permit fees. 1391.It is the intention of the state to treat all providers140of communications services that use or occupy municipal or141charter county roads or rights-of-way for the provision of142communications services in a nondiscriminatory and competitively143neutral manner with respect to the payment of permit fees.144Certain providers of communications services have been granted145by general law the authority to offset permit fees against146franchise or other fees while other providers of communications147services have not been granted this authority. In order to treat148all providers of communications services in a nondiscriminatory149and competitively neutral manner with respect to the payment of150permit fees, each municipality and charter county shall make an151election under either sub-subparagraph a. or sub-subparagraph b.152and must inform the Department of Revenue of the election by153certified mail by July 16, 2001. Such election shall take effect154October 1, 2001.155a.(I) The municipality or charter county may require and156collect permit fees from any providers of communications157services that use or occupy municipal or county roads or rights158of-way.All fees authorizedpermittedunder this paragraphsub159subparagraphmust be reasonable and commensurate with the direct 160 and actual cost of the regulatory activity, including issuing 161 and processing permits, plan reviews, physical inspection, and 162 direct administrative costs; must be demonstrable; and must be 163 equitable among users of the roads or rights-of-way. A fee 164 authorizedpermittedunder this paragraphsub-subparagraphmay 165 not:be offset against the tax imposed under chapter 202; 166 include the costs of roads or rights-of-way acquisition or roads 167 or rights-of-way rental; include any general administrative, 168 management, or maintenance costs of the roads or rights-of-way; 169 or be based on a percentage of the value or costs associated 170 with the work to be performed on the roads or rights-of-way. In 171 an action to recover amounts due for a fee not authorized 172permittedunder this paragraphsub-subparagraph, the prevailing 173 party may recover court costs and attorneyattorney’sfees at 174 trial and on appeal. In addition to the limitations set forth in 175 this section, a fee levied by a municipality or charter county 176 under this paragraphsub-subparagraphmay not exceed $100. 177 However, permit fees may not be imposed with respect to permits 178 that may be required for service drop lines not required to be 179 noticed under s. 556.108(5)s.556.108(5)(a)2.or for any 180 activity that does not require the physical disturbance of the 181 roads or rights-of-way or does not impair access to or full use 182 of the roads or rights-of-way, including, but not limited to, 183 any emergency repairs of existing lawfully placed facilities, 184 extensions of such facilities for providing communications 185 services to customers, and the placement of micro wireless 186 facilities in accordance with subparagraph (7)(e)3. 187(II) To ensure competitive neutrality among providers of188communications services, for any municipality or charter county189that elects to exercise its authority to require and collect190permit fees under this sub-subparagraph, the rate of the local191communications services tax imposed by such jurisdiction, as192computed under s. 202.20, shall automatically be reduced by a193rate of 0.12 percent.194b. Alternatively, the municipality or charter county may195elect not to require and collect permit fees from any provider196of communications services that uses or occupies municipal or197charter county roads or rights-of-way for the provision of198communications services; however, each municipality or charter199county that elects to operate under this sub-subparagraph200retains all authority to establish rules and regulations for201providers of communications services to use or occupy roads or202rights-of-way as provided in this section.203 1. If a municipality or charter county elects to not 204 require permit feesoperate under this sub-subparagraph, the 205 total rate for the local communications services tax as computed 206 under s. 202.20 for that municipality or charter county may be 207 increased by ordinance or resolution by an amount not to exceed 208 a rate of 0.12 percent.If a municipality or charter county209elects to increase its rate effective October 1, 2001, the210municipality or charter county shall inform the department of211such increased rate by certified mail postmarked on or before212July 16, 2001.213c. A municipality or charter county that does not make an214election as provided for in this subparagraph shall be presumed215to have elected to operate under the provisions of sub216subparagraph b.2172. Each noncharter county shall make an election under218either sub-subparagraph a. or sub-subparagraph b. and shall219inform the Department of Revenue of the election by certified220mail by July 16, 2001. Such election shall take effect October2211, 2001.222a. The noncharter county may elect to require and collect223permit fees from any providers of communications services that224use or occupy noncharter county roads or rights-of-way. All fees225permitted under this sub-subparagraph must be reasonable and226commensurate with the direct and actual cost of the regulatory227activity, including issuing and processing permits, plan228reviews, physical inspection, and direct administrative costs;229must be demonstrable; and must be equitable among users of the230roads or rights-of-way. A fee permitted under this sub231subparagraph may not: be offset against the tax imposed under232chapter 202; include the costs of roads or rights-of-way233acquisition or roads or rights-of-way rental; include any234general administrative, management, or maintenance costs of the235roads or rights-of-way; or be based on a percentage of the value236or costs associated with the work to be performed on the roads237or rights-of-way. In an action to recover amounts due for a fee238not permitted under this sub-subparagraph, the prevailing party239may recover court costs and attorney’s fees at trial and on240appeal. In addition to the limitations set forth in this241section, a fee levied by a noncharter county under this sub242subparagraph may not exceed $100. However, permit fees may not243be imposed with respect to permits that may be required for244service drop lines not required to be noticed under s.245556.108(5)(a)2. or for any activity that does not require the246physical disturbance of the roads or rights-of-way or does not247impair access to or full use of the roads or rights-of-way.248b. Alternatively, the noncharter county may elect not to249require and collect permit fees from any provider of250communications services that uses or occupies noncharter county251roads or rights-of-way for the provision of communications252services; however, each noncharter county that elects to operate253under this sub-subparagraph shall retain all authority to254establish rules and regulations for providers of communications255services to use or occupy roads or rights-of-way as provided in256this section.257 2. If a noncharter county elects to not require permit fees 258operate under this sub-subparagraph, the total rate for the 259 local communications services tax as computed under s. 202.20 260 for that noncharter county may be increased by ordinance or 261 resolution by an amount not to exceed a rate of 0.24 percent,to 262 replace the revenue the noncharter county would otherwise have 263 received from permit fees for providers of communications 264 services.If a noncharter county elects to increase its rate265effective October 1, 2001, the noncharter county shall inform266the department of such increased rate by certified mail267postmarked on or before July 16, 2001.268c. A noncharter county that does not make an election as269provided for in this subparagraph shall be presumed to have270elected to operate under the provisions of sub-subparagraph b.2713. Except as provided in this paragraph, municipalities and272counties retain all existing authority to require and collect273permit fees from users or occupants of municipal or county roads274or rights-of-way and to set appropriate permit fee amounts.275 (d)After January 1, 2001,In addition to any other notice 276 requirements, a municipality must provide to the Secretary of 277 State, at least 10 days prior to consideration on first reading, 278 notice of a proposed ordinance governing a telecommunications 279 company placing or maintaining telecommunications facilities in 280 its roads or rights-of-way.After January 1, 2001,In addition 281 to any other notice requirements, a county must provide to the 282 Secretary of State, at least 15 days prior to consideration at a 283 public hearing, notice of a proposed ordinance governing a 284 telecommunications company placing or maintaining 285 telecommunications facilities in its roads or rights-of-way. The 286 notice required by this paragraph must be published by the 287 Secretary of State on a designated Internet website. The failure 288 of a municipality or county to provide such notice does not 289 render the ordinance invalid, provided that enforcement of such 290 ordinance must be suspended until the municipality or county 291 provides the required notice and duly considers amendments from 292 affected persons. 293 (e) The authority of municipalities and counties to require 294 franchise fees from providers of communications services, with 295 respect to the provision of communications services, is 296 specifically preempted by the state because of unique 297 circumstances applicable to providers of communications services 298 when compared to other utilities occupying municipal or county 299 roads or rights-of-way. Providers of communications services may 300 provide similar services in a manner that requires the placement 301 of facilities in municipal or county roads or rights-of-way or 302 in a manner that does not require the placement of facilities in 303 such roads or rights-of-way. Although similar communications 304 services may be provided by different means, the state desires 305 to treat providers of communications services in a 306 nondiscriminatory manner and to have the taxes, franchise fees, 307 and other fees, costs, and financial or regulatory exactions 308 paid by or imposed on providers of communications services be 309 competitively neutral. Municipalities and counties retain all 310 existing authority, if any, to collect franchise fees from users 311 or occupants of municipal or county roads or rights-of-way other 312 than providers of communications services, and the provisions of 313 this subsection shall have no effect upon this authority. The 314 provisions of this subsection do not restrict the authority, if 315 any, of municipalities or counties or other governmental 316 entities to receive reasonable rental fees based on fair market 317 value for the use of public lands and buildings on property 318 outside the public roads or rights-of-way for the placement of 319 communications antennas and towers. 320 (f) Except as expressly allowed or authorized by general 321 law and except for the rights-of-way permit fees subject to 322 paragraph (c), a municipality or county may not levy on a 323 provider of communications services a tax, fee, or other charge 324 or imposition for operating as a provider of communications 325 services within the jurisdiction of the municipality or county 326 which is in any way related to using its roads or rights-of-way. 327 A municipality or county may not require or solicit in-kind 328 compensation, except as otherwise provided in s. 202.24(2)(c)8. 329 or s. 610.109, provided that the in-kind compensation is not a 330 franchise fee under federal law. Nothing in this paragraph shall 331 impair any ordinance or agreement in effect on May 22, 1998, or 332 any voluntary agreement entered into subsequent to that date, 333 which provides for or allows in-kind compensation by a 334 telecommunications company. 335 (g) A municipality or county may not use its authority over 336 the placement of facilities in its roads and rights-of-way as a 337 basis for asserting or exercising regulatory control over a 338 provider of communications services regarding matters within the 339 exclusive jurisdiction of the Florida Public Service Commission 340 or the Federal Communications Commission, including, but not 341 limited to, the operations, systems, equipment, technology, 342 qualifications, services, service quality, service territory, 343 and prices of a provider of communications services. A 344 municipality or county may not require any permit for the 345 installation, placement, maintenance, or replacement of aerial 346 wireline communications facilities on or between existing 347 utility poles by a communications services provider; provided, 348 however, that a municipality or county may require a right-of 349 way permit for work that involves excavation, closure of a 350 sidewalk, or closure of a vehicular lane, unless the provider is 351 making emergency restoration or repair work to existing lawfully 352 placed facilities. Any permit application required by an 353 authority under this section for the placement of communications 354 facilities must be processed and acted upon consistent with the 355 timeframes provided in subparagraphs (7)(d)7.-9. In addition, a 356 municipality or county may not require any permit or other 357 approval, fee, charge, or cost, or other exaction for the 358 extension, routine maintenance and repair, or replacement and 359 upgrade of existing aerial or underground communications 360 facilities located on private property outside of the public 361 rights-of-way. 362 (h) A provider of communications services that has obtained 363 permission to occupy the roads or rights-of-way of an 364 incorporated municipality pursuant to s. 362.01 or that is 365 otherwise lawfully occupying the roads or rights-of-way of a 366 municipality or county shall not be required to obtain consent 367 to continue such lawful occupation of those roads or rights-of 368 way; however, nothing in this paragraph shall be interpreted to 369 limit the power of a municipality or county to adopt or enforce 370 reasonable rules or regulations as provided in this section and 371 consistent with chapters 202, 364, and 610. Any such rules or 372 regulations must be in writing, and providers of communications 373 services in the municipality or county must be given at least 60 374 days advance written notice of any changes to the rules and 375 regulations. 376 (i) Except as expressly provided in this section, this 377 section does not modify the authority of municipalities and 378 counties to levy the tax authorized in chapter 202 or the duties 379 of providers of communications services under ss. 337.402 380 337.404. This section does not apply to building permits, pole 381 attachments, or private roads, private easements, and private 382 rights-of-way. 383 (j)Pursuant to this paragraph, any county or municipality384may by ordinance change either its election made on or before385July 16, 2001, under paragraph (c) or an election made under386this paragraph.3871.a. If a municipality or charter county changes its388election under this paragraph in order to exercise its authority389to require and collect permit fees in accordance with this390subsection, the rate of the local communications services tax391imposed by such jurisdiction pursuant to ss. 202.19 and 202.20392shall automatically be reduced by the sum of 0.12 percent plus393the percentage, if any, by which such rate was increased394pursuant to sub-subparagraph (c)1.b.395b. If a municipality or charter county changes its election396under this paragraph in order to discontinue requiring and397collecting permit fees, the rate of the local communications398services tax imposed by such jurisdiction pursuant to ss. 202.19399and 202.20 may be increased by ordinance or resolution by an400amount not to exceed 0.24 percent.4012.a. If a noncharter county changes its election under this402paragraph in order to exercise its authority to require and403collect permit fees in accordance with this subsection, the rate404of the local communications services tax imposed by such405jurisdiction pursuant to ss. 202.19 and 202.20 shall406automatically be reduced by the percentage, if any, by which407such rate was increased pursuant to sub-subparagraph (c)2.b.408b. If a noncharter county changes its election under this409paragraph in order to discontinue requiring and collecting410permit fees, the rate of the local communications services tax411imposed by such jurisdiction pursuant to ss. 202.19 and 202.20412may be increased by ordinance or resolution by an amount not to413exceed 0.24 percent.4143.a. Any change of election pursuant to this paragraph and415any tax rate change resulting from such change of election shall416be subject to the notice requirements of s. 202.21; however, no417such change of election shall become effective prior to January4181, 2003.419b. Any county or municipality changing its election under420this paragraph in order to exercise its authority to require and421collect permit fees shall, in addition to complying with the422notice requirements under s. 202.21, provide to all dealers423providing communications services in such jurisdiction written424notice of such change of election by September 1 immediately425preceding the January 1 on which such change of election becomes426effective. For purposes of this sub-subparagraph, dealers427providing communications services in such jurisdiction shall428include every dealer reporting tax to such jurisdiction pursuant429to s. 202.37 on the return required under s. 202.27 to be filed430on or before the 20th day of May immediately preceding the431January 1 on which such change of election becomes effective.432(k)Notwithstanding the provisions of s. 202.19, when a 433 local communications services tax rate is changed as a result of 434 an election made or changed under this subsection, such rate may 435shallnot be rounded to tenths. 436 (6) 437 (e) This subsection does not alter any provision of this 438 section or s. 202.24 relating to taxes, fees, or other charges 439 or impositions by a municipality or county on a dealer of 440 communications services or authorize that any charges be 441 assessed on a dealer of communications services, except as 442 specifically set forth herein. A municipality or county may not 443 charge a pass-through provider any amounts other than the 444 charges under this subsection as a condition to the placement or 445 maintenance of a communications facility in the roads or rights 446 of-way of a municipality or county by a pass-through provider, 447 except that a municipality or county may impose permit fees on a 448 pass-through provider consistent with paragraph (3)(c)if the449municipality or county elects to exercise its authority to450collect permit fees under paragraph (3)(c). 451 (f) The charges under this subsection do not apply to 452 communications facilities placed in a municipality’s or county’s 453 rights-of-way prior to the effective date of this subsection 454 with permission from the municipality or county, if any was 455 required, except to the extent the facilities of a pass-through 456 provider were subject to per linear foot or mile charges in 457 effect as of October 1, 2001, in which case the municipality or 458 county may only impose on a pass-through provider charges 459 consistent with paragraph (b) or paragraph (c) for such 460 facilities. Notwithstanding the foregoing, this subsection does 461 not impair any written agreement between a pass-through provider 462 and a municipality or county imposing per linear foot or mile 463 charges for communications facilities placed in municipal or 464 county roads or rights-of-way that is in effect prior to the 465 effective date of this subsection. Upon the termination or 466 expiration of any such written agreement, any charges imposed 467 mustshallbe consistent with this sectionparagraph (b) or468paragraph (c). Notwithstanding the foregoing, until October 1,4692005, this subsection shall not affect a municipality or county470continuing to impose charges in excess of the charges authorized471in this subsection on facilities of a pass-through provider that472is not a dealer of communications services in the state under473chapter 202, but only to the extent such charges were imposed by474municipal or county ordinance or resolution adopted prior to475February 1, 2002. Effective October 1, 2005, any charges imposed476shall be consistent with paragraph (b) or paragraph (c). 477 (7) 478 (b) As used in this subsection, the term: 479 1. “Antenna” means communications equipment that transmits 480 or receives electromagnetic radio frequency signals used in 481 providing wireless services. 482 2. “Applicable codes” means uniform building, fire, 483 electrical, plumbing, or mechanical codes adopted by a 484 recognized national code organization or local amendments to 485 those codes enacted solely to address threats of destruction of 486 property or injury to persons, or local codes or ordinances487adopted to implement this subsection. The term includes488objective design standards adopted by ordinance that may require489a new utility pole that replaces an existing utility pole to be490of substantially similar design, material, and color or that may491require reasonable spacing requirements concerning the location492of ground-mounted equipment. The term includes objective design493standards adopted by ordinance that may require a small wireless494facility to meet reasonable location context, color, stealth,495and concealment requirements; however, such design standards may496be waived by the authority upon a showing that the design497standards are not reasonably compatible for the particular498location of a small wireless facility or that the design499standards impose an excessive expense. The waiver shall be500granted or denied within 45 days after the date of the request. 501 3. “Applicant” means a person who submits an application 502 and is a wireless provider. 503 4. “Application” means a request submitted by an applicant 504 to an authority for a permit to collocate small wireless 505 facilities or to place a new utility pole used to support a 506 small wireless facility. 507 5. “Authority” means a county or municipality having 508 jurisdiction and control of the rights-of-way of any public 509 road. The term does not include the Department of 510 Transportation. Rights-of-way under the jurisdiction and control 511 of the department are excluded from this subsection. 512 6. “Authority utility pole” means a utility pole owned by 513 an authority in the right-of-way. The term does not include a 514 utility pole owned by a municipal electric utility, a utility 515 pole used to support municipally owned or operated electric 516 distribution facilities, or a utility pole located in the right 517 of-way within: 518 a. A retirement community that: 519 (I) Is deed restricted as housing for older persons as 520 defined in s. 760.29(4)(b); 521 (II) Has more than 5,000 residents; and 522 (III) Has underground utilities for electric transmission 523 or distribution. 524 b. A municipality that: 525 (I) Is located on a coastal barrier island as defined in s. 526 161.053(1)(b)3.; 527 (II) Has a land area of less than 5 square miles; 528 (III) Has less than 10,000 residents; and 529 (IV) Has, before July 1, 2017, received referendum approval 530 to issue debt to finance municipal-wide undergrounding of its 531 utilities for electric transmission or distribution. 532 7. “Collocate” or “collocation” means to install, mount, 533 maintain, modify, operate, or replace one or more wireless 534 facilities on, under, within, or adjacent to a wireless support 535 structure or utility pole. The term does not include the 536 installation of a new utility pole or wireless support structure 537 in the public rights-of-way. 538 8. “FCC” means the Federal Communications Commission. 539 9. “Micro wireless facility” means a small wireless 540 facility having dimensions no larger than 24 inches in length, 541 15 inches in width, and 12 inches in height and an exterior 542 antenna, if any, no longer than 11 inches. 543 10. “Small wireless facility” means a wireless facility 544 that meets the following qualifications: 545 a. Each antenna associated with the facility is located 546 inside an enclosure of no more than 6 cubic feet in volume or, 547 in the case of antennas that have exposed elements, each antenna 548 and all of its exposed elements could fit within an enclosure of 549 no more than 6 cubic feet in volume; and 550 b. All other wireless equipment associated with the 551 facility is cumulatively no more than 28 cubic feet in volume. 552 The following types of associated ancillary equipment are not 553 included in the calculation of equipment volume: electric 554 meters, concealment elements, telecommunications demarcation 555 boxes, ground-based enclosures, grounding equipment, power 556 transfer switches, cutoff switches, vertical cable runs for the 557 connection of power and other services, and utility poles or 558 other support structures. 559 11. “Utility pole” means a pole or similar structure that 560 is used in whole or in part to provide communications services 561 or for electric distribution, lighting, traffic control, 562 signage, or a similar function. The term includes the vertical 563 support structure for traffic lights but does not include a 564 horizontal structure to which signal lights or other traffic 565 control devices are attached and does not include a pole or 566 similar structure 15 feet in height or less unless an authority 567 grants a waiver for such pole. 568 12. “Wireless facility” means equipment at a fixed location 569 which enables wireless communications between user equipment and 570 a communications network, including radio transceivers, 571 antennas, wires, coaxial or fiber-optic cable or other cables, 572 regular and backup power supplies, and comparable equipment, 573 regardless of technological configuration, and equipment 574 associated with wireless communications. The term includes small 575 wireless facilities. The term does not include: 576 a. The structure or improvements on, under, within, or 577 adjacent to the structure on which the equipment is collocated; 578 b. Wireline backhaul facilities; or 579 c. Coaxial or fiber-optic cable that is between wireless 580 structures or utility poles or that is otherwise not immediately 581 adjacent to or directly associated with a particular antenna. 582 13. “Wireless infrastructure provider” means a person who 583 has been certificated under chapter 364 to provide 584 telecommunications servicein the stateor under chapter 610 to 585 provide cable or video services in this state, or that person’s 586 affiliate,andwho builds or installs wireless communication 587 transmission equipment, wireless facilities, or wireless support 588 structures but is not a wireless services provider. 589 14. “Wireless provider” means a wireless infrastructure 590 provider or a wireless services provider. 591 15. “Wireless services” means any services provided using 592 licensed or unlicensed spectrum, whether at a fixed location or 593 mobile, using wireless facilities. 594 16. “Wireless services provider” means a person who 595 provides wireless services. 596 17. “Wireless support structure” means a freestanding 597 structure, such as a monopole, a guyed or self-supporting tower, 598 or another existing or proposed structure designed to support or 599 capable of supporting wireless facilities. The term does not 600 include a utility pole, pedestal, or other support structure for 601 ground-based equipment not mounted on a utility pole and less 602 than 10 feet in height. 603 (c) Except as provided in this subsection, an authority may 604 not prohibit, regulate, or charge for the collocation of small 605 wireless facilities in the public rights-of-way or for the 606 installation, maintenance, modification, operation, or 607 replacement of utility poles used for the collocation of small 608 wireless facilities in the public rights-of-way. 609 (d) An authority may require a registration process and 610 permit fees in accordance with subsection (3). An authority 611 shall accept applications for permits and shall process and 612 issue permits subject to the following requirements: 613 1. An authority may not directly or indirectly require an 614 applicant to perform services unrelated to the collocation for 615 which approval is sought, such as in-kind contributions to the 616 authority, including reserving fiber, conduit, or pole space for 617 the authority. 618 2. An applicant may not be required to provide more 619 information to obtain a permit than is necessary to demonstrate 620 the applicant’s compliance with applicable codes for the 621 placement of small wireless facilities in the locations 622 identified in the application. An applicant may not be required 623 to provide inventories, maps, or locations of communications 624 facilities in the right-of-way other than as necessary to avoid 625 interference with other at-grade facilities located at the 626 specific location proposed for a small wireless facility or 627 within 25 feet of such location. 628 3. An authority may not: 629 a. Require the placement of small wireless facilities on 630 any specific utility pole or category of poles;or631 b. Require the placement of multiple antenna systems on a 632 single utility pole; 633 c. Require a demonstration that collocation of a small 634 wireless facility on an existing structure is not legally or 635 technically possible as a condition for granting a permit for 636 the collocation of a small wireless facility on a new utility 637 pole; 638 d. Require compliance with an authority’s provisions 639 regarding placement of small wireless facilities or a new 640 utility pole used to support a small wireless facility in 641 rights-of-way not under the control of the authority pursuant to 642 a delegation from the department, or require such compliance as 643 a condition to receive a permit that is ancillary to the permit 644 for collocation of a small wireless facility, including an 645 electrical permit; 646 e. Require a meeting before filing an application; 647 f. Require direct or indirect public notification or a 648 public meeting for the placement of communication facilities in 649 the right-of-way; 650 g. Limit the size or configuration of a small wireless 651 facility or any of its components, if the small wireless 652 facility complies with the size limits in this subsection; 653 h. Prohibit the installation of a new utility pole used to 654 support the collocation of a small wireless facility if the 655 installation otherwise meets the requirements of this 656 subsection; 657 i. Require that any component of a small wireless facility 658 be placed underground; or 659 j. Require that any existing communication facility be 660 placed underground, except as provided in ss. 337.403 and 661 337.404. 662 4. Subject to sub-subparagraph (f)6.b., an authority may 663 not limit the placement, by minimum separation distances, of 664 small wireless facilities, utility poles on which small wireless 665 facilities are or will be collocated, or other at-grade 666 communications facilitiesby minimum separation distances. 667 However, within 14 days after the date of filing the 668 application, an authority may request that the proposed location 669 of a small wireless facility be moved to another location in the 670 right-of-way and placed on an alternative authority utility pole 671 or support structure or placed onmay placea new utility pole. 672 The authority and the applicant may negotiate the alternative 673 location, including any objective design standards and 674 reasonable spacing requirements for ground-based equipment, for 675 30 days after the date of the request. At the conclusion of the 676 negotiation period, if the alternative location is accepted by 677 the applicant, the applicant must notify the authority of such 678 acceptance and the application shall be deemed granted for any 679 new location for which there is agreement and all other 680 locations in the application. If an agreement is not reached, 681 the applicant must notify the authority of such nonagreement and 682 the authority must grant or deny the original application within 683 90 days after the date the application was filed. A request for 684 an alternative location, an acceptance of an alternative 685 location, or a rejection of an alternative location must be in 686 writing and provided by electronic mail. 687 5. An authority shall limit the height of a small wireless 688 facility to 10 feet above the utility pole or structure upon 689 which the small wireless facility is to be collocated. Unless 690 waived by an authority, the height for a new utility pole is 691 limited to the tallest existing utility pole as of July 1, 2017, 692 located in the same right-of-way, other than a utility pole for 693 which a waiver has previously been granted, measured from grade 694 in place within 500 feet of the proposed location of the small 695 wireless facility. If there is no utility pole within 500 feet, 696 the authority shall limit the height of the utility pole to 50 697 feet. 698 6.Except as provided in subparagraphs 4. and 5.,The 699 installation by a communications services provider of a utility 700 pole in the public rights-of-way, other than a utility pole used 701designedto support a small wireless facility, isshall be702 subject to authority rules or regulations governing the 703 placement of utility poles in the public rights-of-way and is 704shall besubject to the application review timeframes in this 705 subsection. 706 7. Within 14 days after receiving an application, an 707 authority must determine and notify the applicant by electronic 708 mail as to whether the application is complete. If an 709 application is deemed incomplete, the authority must 710 specifically identify the missing information. An application is 711 deemed complete if the authority fails to provide notification 712 to the applicant within 14 days. 713 8. An application must be processed on a nondiscriminatory 714 basis. A complete application is deemed approved if an authority 715 fails to approve or deny the application within 60 days after 716 receipt of the application. If an authority does not use the 30 717 day negotiation period provided in subparagraph 4., the parties 718 may mutually agree to extend the 60-day application review 719 period. The authority shall grant or deny the application at the 720 end of the extended period. A permit issued pursuant to an 721 approved application shall remain effective for 1 year unless 722 extended by the authority. 723 9. An authority must notify the applicant of approval or 724 denial by electronic mail. An authority shall approve a complete 725 application unless it does not meet the authority’s applicable 726 codes. If the application is denied, the authority must specify 727 in writing the basis for denial, including the specific code 728 provisions on which the denial was based, and send the 729 documentation to the applicant by electronic mail on the day the 730 authority denies the application. The applicant may cure the 731 deficiencies identified by the authority and resubmit the 732 application within 30 days after notice of the denial is sent to 733 the applicant. The authority shall approve or deny the revised 734 application within 30 days after receipt or the application is 735 deemed approved. The review of a revised application isAny736subsequent review shall belimited to the deficiencies cited in 737 the denial. The availability of any subsequent review by the 738 authority does not bar review of a denial in a court of 739 competent jurisdiction. 740 10. An applicant seeking to collocate small wireless 741 facilities within the jurisdiction of a single authority may, at 742 the applicant’s discretion, file a consolidated application and 743 receive a single permit for the collocation of up to 30 small 744 wireless facilities. If the application includes multiple small 745 wireless facilities, an authority may separately address small 746 wireless facility collocations for which incomplete information 747 has been received or which are denied. 748 11. An authority may deny a proposed collocation of a small 749 wireless facility in the public rights-of-way if the proposed 750 collocation: 751 a. Materially interferes with the safe operation of traffic 752 control equipment. 753 b. Materially interferes with sight lines or clear zones 754 for transportation, pedestrians, or public safety purposes. 755 c. Materially interferes with compliance with the Americans 756 with Disabilities Act or similar federal or state standards 757 regarding pedestrian access or movement. 758 d. Materially fails to comply with the 2010 edition of the 759 Florida Department of Transportation Utility Accommodation 760 Manual. 761 e. Fails to comply with applicable codes. 762 f. Fails to comply with objective design standards 763 authorized under subparagraph (f)6. 764 12. An authority may adopt by ordinance provisions for 765 insurance coverage, indemnification,performance bonds, security766funds,force majeure, abandonment, authority liability, or 767 authority warranties. Such provisions must be reasonable and 768 nondiscriminatory. An authority may require a construction bond 769 to secure restoration of the postconstruction rights-of-way to 770 its preconstruction condition. However, such bond must be time 771 limited to no more than 1 year after the construction to which 772 the bond applies is completed. For any financial obligation 773 required by an authority allowed under this section, the 774 authority shall accept a letter of credit or similar financial 775 instrument issued by any financial institution that is 776 authorized to do business within the United States, provided 777 that a claim against the financial instrument may be made by 778 electronic means, including by facsimile. A provider of 779 communications services may add an authority to any existing 780 bond, insurance policy, or other relevant financial instrument, 781 and the authority must accept such proof of coverage without any 782 conditions. An authority may not require a communications 783 services provider to indemnify it for liabilities not caused by 784 the provider, including liabilities arising from the authority’s 785 negligence, gross negligence, or willful conduct. 786 13. Collocation of a small wireless facility on an 787 authority utility pole does not provide the basis for the 788 imposition of an ad valorem tax on the authority utility pole. 789 14. An authority may reserve space on authority utility 790 poles for future public safety uses. However, a reservation of 791 space may not preclude collocation of a small wireless facility. 792 If replacement of the authority utility pole is necessary to 793 accommodate the collocation of the small wireless facility and 794 the future public safety use, the pole replacement is subject to 795 make-ready provisions and the replaced pole shall accommodate 796 the future public safety use. 797 15. A structure granted a permit and installed pursuant to 798 this subsection shall comply with chapter 333 and federal 799 regulations pertaining to airport airspace protections. 800 (e) An authority may not require any permit or other 801 approval or require fees,or othercharges, costs, or other 802 exactions for: 803 1. Routine maintenance or repair work, including, but not 804 limited to, emergency repairs of existing lawfully placed 805 facilities, or extensions of such facilities, for providing 806 communications services to customers; 807 2. Replacement of existing wireless facilities with 808 wireless facilities that are substantially similar or of the 809 same or smaller size; or 810 3. Installation, placement, maintenance, or replacement of 811 micro wireless facilities that are suspended on cables strung 812 between existing utility poles in compliance with applicable 813 codes by or for a communications services provider authorized to 814 occupy the rights-of-way and who is remitting taxes under 815 chapter 202. An authority may require an initial letter from or 816 on behalf of such provider, which is effective upon filing, 817 attesting that the micro wireless facility dimensions comply 818 with the limits of this subsection. The authority may not 819 require any additional filing or other information as long as 820 the provider is deploying the same, a substantially similar, or 821 a smaller size micro wireless facility equipment. 822 823 Notwithstanding this paragraph, an authority may require a 824 right-of-way permit for work that involves excavation, closure 825 of a sidewalk, or closure of a vehicular lane unless the 826 provider is making emergency restoration or repair work to 827 existing lawfully placed facilities. 828 (f) Collocation of small wireless facilities on authority 829 utility poles is subject to the following requirements: 830 1. An authority may not enter into an exclusive arrangement 831 with any person for the right to attach equipment to authority 832 utility poles. 833 2. The rates and fees for collocations on authority utility 834 poles must be nondiscriminatory, regardless of the services 835 provided by the collocating person. 836 3. The rate to collocate small wireless facilities on an 837 authority utility pole may not exceed $150 per pole annually. 838 4. Agreements between authorities and wireless providers 839 that are in effect on July 1, 2017, and that relate to the 840 collocation of small wireless facilities in the right-of-way, 841 including the collocation of small wireless facilities on 842 authority utility poles, remain in effect, subject to applicable 843 termination provisions. The wireless provider may accept the 844 rates, fees, and terms established under this subsection for 845 small wireless facilities and utility poles that are the subject 846 of an application submitted after the rates, fees, and terms 847 become effective. 848 5. A person owning or controlling an authority utility pole 849 shall offer rates, fees, and other terms that comply with this 850 subsection. By the later of January 1, 2018, or 3 months after 851 receiving a request to collocate its first small wireless 852 facility on a utility pole owned or controlled by an authority, 853 the person owning or controlling the authority utility pole 854 shall make available, through ordinance or otherwise, rates, 855 fees, and terms for the collocation of small wireless facilities 856 on the authority utility pole which comply with this subsection. 857 a. The rates, fees, and terms must be nondiscriminatory and 858 competitively neutral and must comply with this subsection. 859 b. For an authority utility pole that supports an aerial 860 facility used to provide communications services or electric 861 service, the parties shall comply with the process for make 862 ready work under 47 U.S.C. s. 224 and implementing regulations. 863 The good faith estimate of the person owning or controlling the 864 pole for any make-ready work necessary to enable the pole to 865 support the requested collocation must include pole replacement 866 if necessary. 867 c. For an authority utility pole that does not support an 868 aerial facility used to provide communications services or 869 electric service, the authority shall provide a good faith 870 estimate for any make-ready work necessary to enable the pole to 871 support the requested collocation, including necessary pole 872 replacement, within 60 days after receipt of a complete 873 application. Make-ready work, including any pole replacement, 874 must be completed within 60 days after written acceptance of the 875 good faith estimate by the applicant. Alternatively, an 876 authority may require the applicant seeking to collocate a small 877 wireless facility to provide a make-ready estimate at the 878 applicant’s expense for the work necessary to support the small 879 wireless facility, including pole replacement, and perform the 880 make-ready work. If pole replacement is required, the scope of 881 the make-ready estimate is limited to the design, fabrication, 882 and installation of a utility pole that is substantially similar 883 in color and composition. The authority may not condition or 884 restrict the manner in which the applicant obtains, develops, or 885 provides the estimate or conducts the make-ready work subject to 886 usual construction restoration standards for work in the right 887 of-way. The replaced or altered utility pole shall remain the 888 property of the authority. 889 d. An authority may not require more make-ready work than 890 is required to meet applicable codes or industry standards. Fees 891 for make-ready work may not include costs related to preexisting 892 damage or prior noncompliance. Fees for make-ready work, 893 including any pole replacement, may not exceed actual costs or 894 the amount charged to communications services providers other 895 than wireless services providers for similar work and may not 896 include any consultant fee or expense. 897 6. An authority may require wireless providers to comply 898 with objective design standards adopted by ordinance. The 899 ordinance may require: 900 a. A new utility pole that replaces an existing utility 901 pole to be of substantially similar design, material, and color; 902 b. Reasonable spacing requirements concerning the location 903 of a ground-mounted component of a small wireless facility which 904 does not exceed 15 feet from the associated support structure; 905 or 906 c. A small wireless facility to meet reasonable location 907 context, color, camouflage, and concealment requirements, 908 subject to the limitations in this subsection. 909 910 Such design standards under this subparagraph may be waived by 911 the authority upon a showing that the design standards are not 912 reasonably compatible for the particular location of a small 913 wireless facility or are technically infeasible or that the 914 design standards impose an excessive expense. The waiver must be 915 granted or denied within 45 days after the date of the request. 916 (g) For any applications filed before the effective date of 917 ordinances implementing this subsection, an authority may apply 918 current ordinances relating to placement of communications 919 facilities in the right-of-way related to registration, 920 permitting, insurance coverage, indemnification,performance921bonds, security funds,force majeure, abandonment, authority 922 liability, or authority warranties. Permit application 923 requirements and small wireless facility placement requirements, 924 including utility pole height limits, that conflict with this 925 subsection mustshallbe waived by the authority. An authority 926 may not institute, either expressly or de facto, a moratorium, 927 zoning-in-progress, or other mechanism that would prohibit or 928 delay the filing, receiving, or processing of registrations, 929 applications, or issuing of permits or other approvals for the 930 collocation of small wireless facilities or the installation, 931 modification, or replacement of utility poles used to support 932 the collocation of small wireless facilities. 933(i) A wireless provider shall, in relation to a small934wireless facility, utility pole, or wireless support structure935in the public rights-of-way, comply with nondiscriminatory936undergrounding requirements of an authority that prohibit above937ground structures in public rights-of-way. Any such requirements938may be waived by the authority.939 (8)(a) Any person aggrieved by a violation of this section 940 may bring a civil action in a United States District Court or in 941 any other court of competent jurisdiction. 942 (b) The court may: 943 1. Grant temporary or permanent injunctions on terms as it 944 may deem reasonable to prevent or restrain violations of this 945 section; and 946 2. Direct the recovery of full costs, including awarding 947 reasonable attorney fees, to an aggrieved party who prevails. 948 949 ================= T I T L E A M E N D M E N T ================ 950 And the title is amended as follows: 951 Delete lines 2 - 11 952 and insert: 953 An act relating to communications services; amending 954 s. 202.12, F.S.; reducing the rates of certain 955 communications services taxes; amending s. 202.20, 956 F.S.; conforming a cross-reference; amending s. 957 337.401, F.S.; revising legislative intent; specifying 958 limitations and prohibitions on municipalities and 959 counties relating to registrations and renewals of 960 communications services providers; authorizing 961 municipalities and counties to require certain 962 information as part of a permit application; 963 prohibiting municipalities and counties from requiring 964 a payment of fees, costs, or charges for provider 965 registration or renewal; prohibiting municipalities 966 and counties from adopting or enforcing certain 967 ordinances, regulations, or requirements; specifying 968 limitations on municipal and county authority to 969 regulate and manage municipal and county roads or 970 rights-of-way; prohibiting certain municipalities and 971 counties from electing to impose permit fees; 972 providing retroactive applicability; authorizing 973 certain municipalities and counties to continue to 974 require and collect such fees; deleting obsolete 975 provisions; specifying activities for which permit 976 fees may not be imposed; deleting certain provisions 977 relating to municipality, charter county, and 978 noncharter county elections to impose, or not to 979 impose, permit fees; requiring that enforcement of 980 certain ordinances must be suspended until certain 981 conditions are met; revising legislative intent 982 relating to the imposition of certain fees, costs, and 983 exactions on providers; specifying a condition for 984 certain in-kind compensation; specifying prohibited 985 acts by municipalities and countries in the use of 986 their authority over the placement of facilities for 987 certain purposes; authorizing municipalities and 988 counties to require a right-of-way permit for certain 989 purposes; providing requirements for processing 990 certain permit applications; prohibiting 991 municipalities and counties from certain actions 992 relating to certain aerial or underground 993 communications facilities; specifying limitations and 994 requirements for certain municipal and county rules 995 and regulations; revising definitions under the 996 Advanced Wireless Infrastructure Deployment Act; 997 prohibiting certain actions by an authority relating 998 to certain utility poles; prohibiting authorities from 999 requiring permit applicants to provide certain 1000 information, except under certain circumstances; 1001 adding prohibited acts by authorities relating to 1002 small wireless facilities, application requirements, 1003 public notification and public meetings, and the 1004 placement of certain facilities; revising 1005 applicability of authority rules and regulations 1006 governing the placement of utility poles in the public 1007 rights-of-way; providing construction relating to 1008 judicial review of certain application denials; adding 1009 grounds for an authority’s denial of a proposed 1010 collocation of a small wireless facility in the public 1011 rights-of-way; deleting an authority’s authorization 1012 to adopt ordinances for performance bonds and security 1013 funds; authorizing an authority to require a 1014 construction bond, subject to certain conditions; 1015 requiring authorities to accept certain financial 1016 instruments for certain financial obligations; 1017 authorizing providers to add authorities to certain 1018 financial instruments; prohibiting an authority from 1019 requiring a provider to indemnify the authority for 1020 certain liabilities; prohibiting an authority from 1021 requiring a permit, approval, fees, charges, costs, or 1022 exactions for certain activities; authorizing and 1023 limiting filings the authority may require relating to 1024 micro wireless facility equipment; providing an 1025 exception to a provision authorizing an authority to 1026 require a certain right-of-way permit; authorizing 1027 authorities to require wireless providers to comply 1028 with certain objective design standards adopted by 1029 ordinance; authorizing the authority to waive such 1030 design standards under certain circumstances; 1031 providing a requirement for the waiver; revising an 1032 authority’s authorization to apply certain ordinances 1033 to applications filed before a certain timeframe; 1034 prohibiting authorities from certain actions relating 1035 to registrations, applications, permits, and approvals 1036 in relation to small wireless facilities; deleting a 1037 requirement for wireless providers to comply with 1038 certain undergrounding requirements; authorizing a 1039 civil action for violations; authorizing actions a 1040 court may take; providing