Bill Text: FL S1000 | 2019 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Communications Services
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Passed) 2019-06-26 - Chapter No. 2019-131 [S1000 Detail]
Download: Florida-2019-S1000-Comm_Sub.html
Bill Title: Communications Services
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Passed) 2019-06-26 - Chapter No. 2019-131 [S1000 Detail]
Download: Florida-2019-S1000-Comm_Sub.html
Florida Senate - 2019 CS for SB 1000 By the Committee on Innovation, Industry, and Technology; and Senator Hutson 580-02954-19 20191000c1 1 A bill to be entitled 2 An act relating to communications services; amending 3 s. 202.12, F.S.; reducing the rates of certain 4 communications services taxes; amending s. 202.20, 5 F.S.; conforming a cross-reference; amending s. 6 337.401, F.S.; revising legislative intent; specifying 7 limitations and prohibitions on municipalities and 8 counties relating to registrations and renewals of 9 communications services providers; authorizing 10 municipalities and counties to require certain 11 information as part of a permit application; 12 prohibiting municipalities and counties from requiring 13 a payment of fees, costs, or charges for provider 14 registration or renewal; prohibiting municipalities 15 and counties from adopting or enforcing certain 16 ordinances, regulations, or requirements; specifying 17 limitations on municipal and county authority to 18 regulate and manage municipal and county roads or 19 rights-of-way; prohibiting certain municipalities and 20 counties from electing to impose permit fees; 21 providing retroactive applicability; authorizing 22 certain municipalities and counties to continue to 23 require and collect such fees; deleting obsolete 24 provisions; specifying activities for which permit 25 fees may not be imposed; deleting certain provisions 26 relating to municipality, charter county, and 27 noncharter county elections to impose, or not to 28 impose, permit fees; requiring that enforcement of 29 certain ordinances must be suspended until certain 30 conditions are met; revising legislative intent 31 relating to the imposition of certain fees, costs, and 32 exactions on providers; specifying a condition for 33 certain in-kind compensation; specifying prohibited 34 acts by municipalities and countries in the use of 35 their authority over the placement of facilities for 36 certain purposes; authorizing municipalities and 37 counties to require a right-of-way permit for certain 38 purposes; providing requirements for processing 39 certain permit applications; prohibiting 40 municipalities and counties from certain actions 41 relating to certain aerial or underground 42 communications facilities; specifying limitations and 43 requirements for certain municipal and county rules 44 and regulations; revising definitions under the 45 Advanced Wireless Infrastructure Deployment Act; 46 prohibiting certain actions by an authority relating 47 to certain utility poles; prohibiting authorities from 48 requiring permit applicants to provide certain 49 information, except under certain circumstances; 50 adding prohibited acts by authorities relating to 51 small wireless facilities, application requirements, 52 public notification and public meetings, and the 53 placement of certain facilities; revising 54 applicability of authority rules and regulations 55 governing the placement of utility poles in the public 56 rights-of-way; providing construction relating to 57 judicial review of certain application denials; adding 58 grounds for an authority’s denial of a proposed 59 collocation of a small wireless facility in the public 60 rights-of-way; deleting an authority’s authorization 61 to adopt ordinances for performance bonds and security 62 funds; authorizing an authority to require a 63 construction bond, subject to certain conditions; 64 requiring authorities to accept certain financial 65 instruments for certain financial obligations; 66 authorizing providers to add authorities to certain 67 financial instruments; prohibiting an authority from 68 requiring a provider to indemnify the authority for 69 certain liabilities; prohibiting an authority from 70 requiring a permit, approval, fees, charges, costs, or 71 exactions for certain activities; authorizing and 72 limiting filings the authority may require relating to 73 micro wireless facility equipment; providing an 74 exception to a provision authorizing an authority to 75 require a certain right-of-way permit; authorizing 76 authorities to require wireless providers to comply 77 with certain objective design standards adopted by 78 ordinance; authorizing the authority to waive such 79 design standards under certain circumstances; 80 providing a requirement for the waiver; revising an 81 authority’s authorization to apply certain ordinances 82 to applications filed before a certain timeframe; 83 prohibiting authorities from certain actions relating 84 to registrations, applications, permits, and approvals 85 in relation to small wireless facilities; deleting a 86 requirement for wireless providers to comply with 87 certain undergrounding requirements; authorizing a 88 civil action for violations; authorizing actions a 89 court may take; providing applicability; providing an 90 effective date. 91 92 Be It Enacted by the Legislature of the State of Florida: 93 94 Section 1. Paragraphs (a) and (b) of subsection (1) of 95 section 202.12, Florida Statutes, are amended to read: 96 202.12 Sales of communications services.—The Legislature 97 finds that every person who engages in the business of selling 98 communications services at retail in this state is exercising a 99 taxable privilege. It is the intent of the Legislature that the 100 tax imposed by chapter 203 be administered as provided in this 101 chapter. 102 (1) For the exercise of such privilege, a tax is levied on 103 each taxable transaction and is due and payable as follows: 104 (a) Except as otherwise provided in this subsection, at the 105 rate of 3.924.92percent applied to the sales price of the 106 communications service that: 107 1. Originates and terminates in this state, or 108 2. Originates or terminates in this state and is charged to 109 a service address in this state, 110 111 when sold at retail, computed on each taxable sale for the 112 purpose of remitting the tax due. The gross receipts tax imposed 113 by chapter 203 shall be collected on the same taxable 114 transactions and remitted with the tax imposed by this 115 paragraph. If no tax is imposed by this paragraph due to the 116 exemption provided under s. 202.125(1), the tax imposed by 117 chapter 203 shall nevertheless be collected and remitted in the 118 manner and at the time prescribed for tax collections and 119 remittances under this chapter. 120 (b) At the rate of 8.079.07percent applied to the retail 121 sales price of any direct-to-home satellite service received in 122 this state. The proceeds of the tax imposed under this paragraph 123 shall be accounted for and distributed in accordance with s. 124 202.18(2). The gross receipts tax imposed by chapter 203 shall 125 be collected on the same taxable transactions and remitted with 126 the tax imposed by this paragraph. 127 Section 2. Paragraph (b) of subsection (2) of section 128 202.20, Florida Statutes, is amended to read: 129 202.20 Local communications services tax conversion rates.— 130 (2) 131 (b) Except as otherwise provided in this subsection, 132 “replaced revenue sources,” as used in this section, means the 133 following taxes, charges, fees, or other impositions to the 134 extent that the respective local taxing jurisdictions were 135 authorized to impose them prior to July 1, 2000. 136 1. With respect to municipalities and charter counties and 137 the taxes authorized by s. 202.19(1): 138 a. The public service tax on telecommunications authorized 139 by former s. 166.231(9). 140 b. Franchise fees on cable service providers as authorized 141 by 47 U.S.C. s. 542. 142 c. The public service tax on prepaid calling arrangements. 143 d. Franchise fees on dealers of communications services 144 which use the public roads or rights-of-way, up to the limit set 145 forth in s. 337.401. For purposes of calculating rates under 146 this section, it is the legislative intent that charter counties 147 be treated as having had the same authority as municipalities to 148 impose franchise fees on recurring local telecommunication 149 service revenues prior to July 1, 2000. However, the Legislature 150 recognizes that the authority of charter counties to impose such 151 fees is in dispute, and the treatment provided in this section 152 is not an expression of legislative intent that charter counties 153 actually do or do not possess such authority. 154 e. Actual permit fees relating to placing or maintaining 155 facilities in or on public roads or rights-of-way, collected 156 from providers of long-distance, cable, and mobile 157 communications services for the fiscal year ending September 30, 158 1999; however, if a municipality or charter county elects the 159 option to charge permit fees pursuant to s. 337.401(3)(c) 160337.401(3)(c)1.a., such fees shall not be included as a replaced 161 revenue source. 162 2. With respect to all other counties and the taxes 163 authorized in s. 202.19(1), franchise fees on cable service 164 providers as authorized by 47 U.S.C. s. 542. 165 Section 3. Subsection (3), paragraphs (e) and (f) of 166 subsection (6), and paragraphs (b), (c), (d), (e), (f), (g), and 167 (i) of subsection (7) of section 337.401, Florida Statutes, are 168 amended, and subsection (8) is added to that section, to read: 169 337.401 Use of right-of-way for utilities subject to 170 regulation; permit; fees.— 171 (3)(a) Because of the unique circumstances applicable to 172 providers of communications services, including, but not limited 173 to, the circumstances described in paragraph (e) and the fact 174 that federal and state law require the nondiscriminatory 175 treatment of providers of telecommunications services, and 176 because of the desire to promote competition among providers of 177 communications services, it is the intent of the Legislature 178 that municipalities and counties treat providers of 179 communications services in a nondiscriminatory and competitively 180 neutral manner, taking into account the distinct engineering, 181 construction, operation, maintenance, public works, and safety 182 requirements of the provider’s facilities, when imposing rules 183 or regulations governing the placement or maintenance of 184 communications facilities in the public roads or rights-of-way. 185 Rules or regulations imposed by a municipality or county 186 relating to providers of communications services placing or 187 maintaining communications facilities in its roads or rights-of 188 way must be generally applicable to all providers of 189 communications services and, notwithstanding any other law, may 190 not require a provider of communications services to apply for 191 or enter into an individual license, franchise, or other 192 agreement with the municipality or county as a condition of 193 placing or maintaining communications facilities in its roads or 194 rights-of-way. In addition to other reasonable rules or 195 regulations that a municipality or county may adopt relating to 196 the placement or maintenance of communications facilities in its 197 roads or rights-of-way under this subsection or subsection (7), 198 a municipality or county may require a provider of 199 communications services that places or seeks to place facilities 200 in its roads or rights-of-way to register with the municipality 201 or county. To register, a provider of communications services 202 only may be required to provide its nameand to provide the name203of the registrant; the name, address, and telephone number of a 204 contact person for the registrant; the number of the 205 registrant’s current certificate of authorization issued by the 206 Florida Public Service Commission, the Federal Communications 207 Commission, or the Department of State; and any required proof 208 of insurance or self-insuring status adequate to defend and 209 cover claims. A municipality or county may not require the 210 provision of an inventory of communications facilities, maps, 211 locations of such facilities, or other information by a 212 registrant as a condition of registration, renewal, or for any 213 other purpose; provided, however, that a municipality or county 214 may require as part of a permit application that the applicant 215 identify at-grade communications facilities within 25 feet of 216 the proposed installation location for the placement of at-grade 217 communications facilities. A municipality or county may not 218 require registration renewal more frequently than every 5 years. 219 A municipality or county may not require a provider to pay any 220 fee, cost, or other charge for registration or renewal thereof. 221 It is the intent of the Legislature that the placement, 222 operation, maintenance, upgrading, and extension of 223 communications facilities not be unreasonably interrupted or 224 delayed through the permitting or other local regulatory 225 process. Except as provided in this chapter or otherwise 226 expressly authorized by chapter 202, chapter 364, or chapter 227 610, a municipality or county may not adopt or enforce any 228 ordinance, regulation, or requirement as to the placement or 229 operation of communications facilities in a right-of-way by a 230 communications services provider authorized by state or local 231 law to operate in a right-of-way; regulate any communications 232 services; or impose or collect any tax, fee, cost, charge, or 233 exaction for the provision of communications services over the 234 communications services provider’s communications facilities in 235 a right-of-way. 236 (b) Registration described in paragraph (a) does not 237 establish a right to place or maintain, or priority for the 238 placement or maintenance of, a communications facility in roads 239 or rights-of-way of a municipality or county. Each municipality 240 and county retains the authority to regulate and manage 241 municipal and county roads or rights-of-way in exercising its 242 police power, subject to the limitations imposed in this section 243 and chapters 202 and 610. Any rules or regulations adopted by a 244 municipality or county which govern the occupation of its roads 245 or rights-of-way by providers of communications services must be 246 related to the placement or maintenance of facilities in such 247 roads or rights-of-way, must be reasonable and 248 nondiscriminatory, and may include only those matters necessary 249 to manage the roads or rights-of-way of the municipality or 250 county. 251 (c) Any municipality or county that, as of January 1, 2019, 252 elected to require permit fees from any provider of 253 communications services that uses or occupy municipal or county 254 road or rights-of-way pursuant to former paragraph (c) or 255 paragraph (j), Florida Statutes 2018, may continue to require 256 and collect such fees. A municipality or county that elected as 257 of such date to require permit fees may elect to forego such 258 fees as provided herein. A municipality or county that elected 259 as of such date not to require permit fees may not elect to 260 impose permit fees. 2611.It is the intention of the state to treat all providers262of communications services that use or occupy municipal or263charter county roads or rights-of-way for the provision of264communications services in a nondiscriminatory and competitively265neutral manner with respect to the payment of permit fees.266Certain providers of communications services have been granted267by general law the authority to offset permit fees against268franchise or other fees while other providers of communications269services have not been granted this authority. In order to treat270all providers of communications services in a nondiscriminatory271and competitively neutral manner with respect to the payment of272permit fees, each municipality and charter county shall make an273election under either sub-subparagraph a. or sub-subparagraph b.274and must inform the Department of Revenue of the election by275certified mail by July 16, 2001. Such election shall take effect276October 1, 2001.277a.(I) The municipality or charter county may require and278collect permit fees from any providers of communications279services that use or occupy municipal or county roads or rights280of-way.All fees authorizedpermittedunder this paragraphsub281subparagraphmust be reasonable and commensurate with the direct 282 and actual cost of the regulatory activity, including issuing 283 and processing permits, plan reviews, physical inspection, and 284 direct administrative costs; must be demonstrable; and must be 285 equitable among users of the roads or rights-of-way. A fee 286 authorizedpermittedunder this paragraphsub-subparagraphmay 287 not:be offset against the tax imposed under chapter 202; 288 include the costs of roads or rights-of-way acquisition or roads 289 or rights-of-way rental; include any general administrative, 290 management, or maintenance costs of the roads or rights-of-way; 291 or be based on a percentage of the value or costs associated 292 with the work to be performed on the roads or rights-of-way. In 293 an action to recover amounts due for a fee not authorized 294permittedunder this paragraphsub-subparagraph, the prevailing 295 party may recover court costs and attorneyattorney’sfees at 296 trial and on appeal. In addition to the limitations set forth in 297 this section, a fee levied by a municipality or charter county 298 under this paragraphsub-subparagraphmay not exceed $100. 299 However, permit fees may not be imposed with respect to permits 300 that may be required for service drop lines not required to be 301 noticed under s. 556.108(5)s.556.108(5)(a)2.or for any 302 activity that does not require the physical disturbance of the 303 roads or rights-of-way or does not impair access to or full use 304 of the roads or rights-of-way, including, but not limited to, 305 any emergency repairs of existing lawfully placed facilities, 306 extensions of such facilities for providing communications 307 services to customers, and the placement of micro wireless 308 facilities in accordance with subparagraph (7)(e)3. 309(II) To ensure competitive neutrality among providers of310communications services, for any municipality or charter county311that elects to exercise its authority to require and collect312permit fees under this sub-subparagraph, the rate of the local313communications services tax imposed by such jurisdiction, as314computed under s. 202.20, shall automatically be reduced by a315rate of 0.12 percent.316b. Alternatively, the municipality or charter county may317elect not to require and collect permit fees from any provider318of communications services that uses or occupies municipal or319charter county roads or rights-of-way for the provision of320communications services; however, each municipality or charter321county that elects to operate under this sub-subparagraph322retains all authority to establish rules and regulations for323providers of communications services to use or occupy roads or324rights-of-way as provided in this section.325 1. If a municipality or charter county elects to not 326 require permit feesoperate under this sub-subparagraph, the 327 total rate for the local communications services tax as computed 328 under s. 202.20 for that municipality or charter county may be 329 increased by ordinance or resolution by an amount not to exceed 330 a rate of 0.12 percent.If a municipality or charter county331elects to increase its rate effective October 1, 2001, the332municipality or charter county shall inform the department of333such increased rate by certified mail postmarked on or before334July 16, 2001.335c. A municipality or charter county that does not make an336election as provided for in this subparagraph shall be presumed337to have elected to operate under the provisions of sub338subparagraph b.3392. Each noncharter county shall make an election under340either sub-subparagraph a. or sub-subparagraph b. and shall341inform the Department of Revenue of the election by certified342mail by July 16, 2001. Such election shall take effect October3431, 2001.344a. The noncharter county may elect to require and collect345permit fees from any providers of communications services that346use or occupy noncharter county roads or rights-of-way. All fees347permitted under this sub-subparagraph must be reasonable and348commensurate with the direct and actual cost of the regulatory349activity, including issuing and processing permits, plan350reviews, physical inspection, and direct administrative costs;351must be demonstrable; and must be equitable among users of the352roads or rights-of-way. A fee permitted under this sub353subparagraph may not: be offset against the tax imposed under354chapter 202; include the costs of roads or rights-of-way355acquisition or roads or rights-of-way rental; include any356general administrative, management, or maintenance costs of the357roads or rights-of-way; or be based on a percentage of the value358or costs associated with the work to be performed on the roads359or rights-of-way. In an action to recover amounts due for a fee360not permitted under this sub-subparagraph, the prevailing party361may recover court costs and attorney’s fees at trial and on362appeal. In addition to the limitations set forth in this363section, a fee levied by a noncharter county under this sub364subparagraph may not exceed $100. However, permit fees may not365be imposed with respect to permits that may be required for366service drop lines not required to be noticed under s.367556.108(5)(a)2. or for any activity that does not require the368physical disturbance of the roads or rights-of-way or does not369impair access to or full use of the roads or rights-of-way.370b. Alternatively, the noncharter county may elect not to371require and collect permit fees from any provider of372communications services that uses or occupies noncharter county373roads or rights-of-way for the provision of communications374services; however, each noncharter county that elects to operate375under this sub-subparagraph shall retain all authority to376establish rules and regulations for providers of communications377services to use or occupy roads or rights-of-way as provided in378this section.379 2. If a noncharter county elects to not require permit fees 380operate under this sub-subparagraph, the total rate for the 381 local communications services tax as computed under s. 202.20 382 for that noncharter county may be increased by ordinance or 383 resolution by an amount not to exceed a rate of 0.24 percent,to 384 replace the revenue the noncharter county would otherwise have 385 received from permit fees for providers of communications 386 services.If a noncharter county elects to increase its rate387effective October 1, 2001, the noncharter county shall inform388the department of such increased rate by certified mail389postmarked on or before July 16, 2001.390c. A noncharter county that does not make an election as391provided for in this subparagraph shall be presumed to have392elected to operate under the provisions of sub-subparagraph b.3933. Except as provided in this paragraph, municipalities and394counties retain all existing authority to require and collect395permit fees from users or occupants of municipal or county roads396or rights-of-way and to set appropriate permit fee amounts.397 (d)After January 1, 2001,In addition to any other notice 398 requirements, a municipality must provide to the Secretary of 399 State, at least 10 days prior to consideration on first reading, 400 notice of a proposed ordinance governing a telecommunications 401 company placing or maintaining telecommunications facilities in 402 its roads or rights-of-way.After January 1, 2001,In addition 403 to any other notice requirements, a county must provide to the 404 Secretary of State, at least 15 days prior to consideration at a 405 public hearing, notice of a proposed ordinance governing a 406 telecommunications company placing or maintaining 407 telecommunications facilities in its roads or rights-of-way. The 408 notice required by this paragraph must be published by the 409 Secretary of State on a designated Internet website. The failure 410 of a municipality or county to provide such notice does not 411 render the ordinance invalid, provided that enforcement of such 412 ordinance must be suspended until the municipality or county 413 provides the required notice and duly considers amendments from 414 affected persons. 415 (e) The authority of municipalities and counties to require 416 franchise fees from providers of communications services, with 417 respect to the provision of communications services, is 418 specifically preempted by the state because of unique 419 circumstances applicable to providers of communications services 420 when compared to other utilities occupying municipal or county 421 roads or rights-of-way. Providers of communications services may 422 provide similar services in a manner that requires the placement 423 of facilities in municipal or county roads or rights-of-way or 424 in a manner that does not require the placement of facilities in 425 such roads or rights-of-way. Although similar communications 426 services may be provided by different means, the state desires 427 to treat providers of communications services in a 428 nondiscriminatory manner and to have the taxes, franchise fees, 429 and other fees, costs, and financial or regulatory exactions 430 paid by or imposed on providers of communications services be 431 competitively neutral. Municipalities and counties retain all 432 existing authority, if any, to collect franchise fees from users 433 or occupants of municipal or county roads or rights-of-way other 434 than providers of communications services, and the provisions of 435 this subsection shall have no effect upon this authority. The 436 provisions of this subsection do not restrict the authority, if 437 any, of municipalities or counties or other governmental 438 entities to receive reasonable rental fees based on fair market 439 value for the use of public lands and buildings on property 440 outside the public roads or rights-of-way for the placement of 441 communications antennas and towers. 442 (f) Except as expressly allowed or authorized by general 443 law and except for the rights-of-way permit fees subject to 444 paragraph (c), a municipality or county may not levy on a 445 provider of communications services a tax, fee, or other charge 446 or imposition for operating as a provider of communications 447 services within the jurisdiction of the municipality or county 448 which is in any way related to using its roads or rights-of-way. 449 A municipality or county may not require or solicit in-kind 450 compensation, except as otherwise provided in s. 202.24(2)(c)8. 451 or s. 610.109, provided that the in-kind compensation is not a 452 franchise fee under federal law. Nothing in this paragraph shall 453 impair any ordinance or agreement in effect on May 22, 1998, or 454 any voluntary agreement entered into subsequent to that date, 455 which provides for or allows in-kind compensation by a 456 telecommunications company. 457 (g) A municipality or county may not use its authority over 458 the placement of facilities in its roads and rights-of-way as a 459 basis for asserting or exercising regulatory control over a 460 provider of communications services regarding matters within the 461 exclusive jurisdiction of the Florida Public Service Commission 462 or the Federal Communications Commission, including, but not 463 limited to, the operations, systems, equipment, technology, 464 qualifications, services, service quality, service territory, 465 and prices of a provider of communications services. A 466 municipality or county may not require any permit for the 467 installation, placement, maintenance, or replacement of aerial 468 wireline communications facilities on or between existing 469 utility poles by a communications services provider; provided, 470 however, that a municipality or county may require a right-of 471 way permit for work that involves excavation, closure of a 472 sidewalk, or closure of a vehicular lane, unless the provider is 473 making emergency restoration or repair work to existing lawfully 474 placed facilities. Any permit application required by an 475 authority under this section for the placement of communications 476 facilities must be processed and acted upon consistent with the 477 timeframes provided in subparagraphs (7)(d)7.-9. In addition, a 478 municipality or county may not require any permit or other 479 approval, fee, charge, or cost, or other exaction for the 480 extension, routine maintenance and repair, or replacement and 481 upgrade of existing aerial or underground communications 482 facilities located on private property outside of the public 483 rights-of-way. 484 (h) A provider of communications services that has obtained 485 permission to occupy the roads or rights-of-way of an 486 incorporated municipality pursuant to s. 362.01 or that is 487 otherwise lawfully occupying the roads or rights-of-way of a 488 municipality or county shall not be required to obtain consent 489 to continue such lawful occupation of those roads or rights-of 490 way; however, nothing in this paragraph shall be interpreted to 491 limit the power of a municipality or county to adopt or enforce 492 reasonable rules or regulations as provided in this section and 493 consistent with chapters 202, 364, and 610. Any such rules or 494 regulations must be in writing, and providers of communications 495 services in the municipality or county must be given at least 60 496 days advance written notice of any changes to the rules and 497 regulations. 498 (i) Except as expressly provided in this section, this 499 section does not modify the authority of municipalities and 500 counties to levy the tax authorized in chapter 202 or the duties 501 of providers of communications services under ss. 337.402 502 337.404. This section does not apply to building permits, pole 503 attachments, or private roads, private easements, and private 504 rights-of-way. 505 (j)Pursuant to this paragraph, any county or municipality506may by ordinance change either its election made on or before507July 16, 2001, under paragraph (c) or an election made under508this paragraph.5091.a. If a municipality or charter county changes its510election under this paragraph in order to exercise its authority511to require and collect permit fees in accordance with this512subsection, the rate of the local communications services tax513imposed by such jurisdiction pursuant to ss. 202.19 and 202.20514shall automatically be reduced by the sum of 0.12 percent plus515the percentage, if any, by which such rate was increased516pursuant to sub-subparagraph (c)1.b.517b. If a municipality or charter county changes its election518under this paragraph in order to discontinue requiring and519collecting permit fees, the rate of the local communications520services tax imposed by such jurisdiction pursuant to ss. 202.19521and 202.20 may be increased by ordinance or resolution by an522amount not to exceed 0.24 percent.5232.a. If a noncharter county changes its election under this524paragraph in order to exercise its authority to require and525collect permit fees in accordance with this subsection, the rate526of the local communications services tax imposed by such527jurisdiction pursuant to ss. 202.19 and 202.20 shall528automatically be reduced by the percentage, if any, by which529such rate was increased pursuant to sub-subparagraph (c)2.b.530b. If a noncharter county changes its election under this531paragraph in order to discontinue requiring and collecting532permit fees, the rate of the local communications services tax533imposed by such jurisdiction pursuant to ss. 202.19 and 202.20534may be increased by ordinance or resolution by an amount not to535exceed 0.24 percent.5363.a. Any change of election pursuant to this paragraph and537any tax rate change resulting from such change of election shall538be subject to the notice requirements of s. 202.21; however, no539such change of election shall become effective prior to January5401, 2003.541b. Any county or municipality changing its election under542this paragraph in order to exercise its authority to require and543collect permit fees shall, in addition to complying with the544notice requirements under s. 202.21, provide to all dealers545providing communications services in such jurisdiction written546notice of such change of election by September 1 immediately547preceding the January 1 on which such change of election becomes548effective. For purposes of this sub-subparagraph, dealers549providing communications services in such jurisdiction shall550include every dealer reporting tax to such jurisdiction pursuant551to s. 202.37 on the return required under s. 202.27 to be filed552on or before the 20th day of May immediately preceding the553January 1 on which such change of election becomes effective.554(k)Notwithstanding the provisions of s. 202.19, when a 555 local communications services tax rate is changed as a result of 556 an election made or changed under this subsection, such rate may 557shallnot be rounded to tenths. 558 (6) 559 (e) This subsection does not alter any provision of this 560 section or s. 202.24 relating to taxes, fees, or other charges 561 or impositions by a municipality or county on a dealer of 562 communications services or authorize that any charges be 563 assessed on a dealer of communications services, except as 564 specifically set forth herein. A municipality or county may not 565 charge a pass-through provider any amounts other than the 566 charges under this subsection as a condition to the placement or 567 maintenance of a communications facility in the roads or rights 568 of-way of a municipality or county by a pass-through provider, 569 except that a municipality or county may impose permit fees on a 570 pass-through provider consistent with paragraph (3)(c)if the571municipality or county elects to exercise its authority to572collect permit fees under paragraph (3)(c). 573 (f) The charges under this subsection do not apply to 574 communications facilities placed in a municipality’s or county’s 575 rights-of-way prior to the effective date of this subsection 576 with permission from the municipality or county, if any was 577 required, except to the extent the facilities of a pass-through 578 provider were subject to per linear foot or mile charges in 579 effect as of October 1, 2001, in which case the municipality or 580 county may only impose on a pass-through provider charges 581 consistent with paragraph (b) or paragraph (c) for such 582 facilities. Notwithstanding the foregoing, this subsection does 583 not impair any written agreement between a pass-through provider 584 and a municipality or county imposing per linear foot or mile 585 charges for communications facilities placed in municipal or 586 county roads or rights-of-way that is in effect prior to the 587 effective date of this subsection. Upon the termination or 588 expiration of any such written agreement, any charges imposed 589 mustshallbe consistent with this sectionparagraph (b) or590paragraph (c). Notwithstanding the foregoing, until October 1,5912005, this subsection shall not affect a municipality or county592continuing to impose charges in excess of the charges authorized593in this subsection on facilities of a pass-through provider that594is not a dealer of communications services in the state under595chapter 202, but only to the extent such charges were imposed by596municipal or county ordinance or resolution adopted prior to597February 1, 2002. Effective October 1, 2005, any charges imposed598shall be consistent with paragraph (b) or paragraph (c). 599 (7) 600 (b) As used in this subsection, the term: 601 1. “Antenna” means communications equipment that transmits 602 or receives electromagnetic radio frequency signals used in 603 providing wireless services. 604 2. “Applicable codes” means uniform building, fire, 605 electrical, plumbing, or mechanical codes adopted by a 606 recognized national code organization or local amendments to 607 those codes enacted solely to address threats of destruction of 608 property or injury to persons, or local codes or ordinances609adopted to implement this subsection. The term includes610objective design standards adopted by ordinance that may require611a new utility pole that replaces an existing utility pole to be612of substantially similar design, material, and color or that may613require reasonable spacing requirements concerning the location614of ground-mounted equipment. The term includes objective design615standards adopted by ordinance that may require a small wireless616facility to meet reasonable location context, color, stealth,617and concealment requirements; however, such design standards may618be waived by the authority upon a showing that the design619standards are not reasonably compatible for the particular620location of a small wireless facility or that the design621standards impose an excessive expense. The waiver shall be622granted or denied within 45 days after the date of the request. 623 3. “Applicant” means a person who submits an application 624 and is a wireless provider. 625 4. “Application” means a request submitted by an applicant 626 to an authority for a permit to collocate small wireless 627 facilities or to place a new utility pole used to support a 628 small wireless facility. 629 5. “Authority” means a county or municipality having 630 jurisdiction and control of the rights-of-way of any public 631 road. The term does not include the Department of 632 Transportation. Rights-of-way under the jurisdiction and control 633 of the department are excluded from this subsection. 634 6. “Authority utility pole” means a utility pole owned by 635 an authority in the right-of-way. The term does not include a 636 utility pole owned by a municipal electric utility, a utility 637 pole used to support municipally owned or operated electric 638 distribution facilities, or a utility pole located in the right 639 of-way within: 640 a. A retirement community that: 641 (I) Is deed restricted as housing for older persons as 642 defined in s. 760.29(4)(b); 643 (II) Has more than 5,000 residents; and 644 (III) Has underground utilities for electric transmission 645 or distribution. 646 b. A municipality that: 647 (I) Is located on a coastal barrier island as defined in s. 648 161.053(1)(b)3.; 649 (II) Has a land area of less than 5 square miles; 650 (III) Has less than 10,000 residents; and 651 (IV) Has, before July 1, 2017, received referendum approval 652 to issue debt to finance municipal-wide undergrounding of its 653 utilities for electric transmission or distribution. 654 7. “Collocate” or “collocation” means to install, mount, 655 maintain, modify, operate, or replace one or more wireless 656 facilities on, under, within, or adjacent to a wireless support 657 structure or utility pole. The term does not include the 658 installation of a new utility pole or wireless support structure 659 in the public rights-of-way. 660 8. “FCC” means the Federal Communications Commission. 661 9. “Micro wireless facility” means a small wireless 662 facility having dimensions no larger than 24 inches in length, 663 15 inches in width, and 12 inches in height and an exterior 664 antenna, if any, no longer than 11 inches. 665 10. “Small wireless facility” means a wireless facility 666 that meets the following qualifications: 667 a. Each antenna associated with the facility is located 668 inside an enclosure of no more than 6 cubic feet in volume or, 669 in the case of antennas that have exposed elements, each antenna 670 and all of its exposed elements could fit within an enclosure of 671 no more than 6 cubic feet in volume; and 672 b. All other wireless equipment associated with the 673 facility is cumulatively no more than 28 cubic feet in volume. 674 The following types of associated ancillary equipment are not 675 included in the calculation of equipment volume: electric 676 meters, concealment elements, telecommunications demarcation 677 boxes, ground-based enclosures, grounding equipment, power 678 transfer switches, cutoff switches, vertical cable runs for the 679 connection of power and other services, and utility poles or 680 other support structures. 681 11. “Utility pole” means a pole or similar structure that 682 is used in whole or in part to provide communications services 683 or for electric distribution, lighting, traffic control, 684 signage, or a similar function. The term includes the vertical 685 support structure for traffic lights but does not include a 686 horizontal structure to which signal lights or other traffic 687 control devices are attached and does not include a pole or 688 similar structure 15 feet in height or less unless an authority 689 grants a waiver for such pole. 690 12. “Wireless facility” means equipment at a fixed location 691 which enables wireless communications between user equipment and 692 a communications network, including radio transceivers, 693 antennas, wires, coaxial or fiber-optic cable or other cables, 694 regular and backup power supplies, and comparable equipment, 695 regardless of technological configuration, and equipment 696 associated with wireless communications. The term includes small 697 wireless facilities. The term does not include: 698 a. The structure or improvements on, under, within, or 699 adjacent to the structure on which the equipment is collocated; 700 b. Wireline backhaul facilities; or 701 c. Coaxial or fiber-optic cable that is between wireless 702 structures or utility poles or that is otherwise not immediately 703 adjacent to or directly associated with a particular antenna. 704 13. “Wireless infrastructure provider” means a person who 705 has been certificated under chapter 364 to provide 706 telecommunications servicein the stateor under chapter 610 to 707 provide cable or video services in this state, or that person’s 708 affiliate,andwho builds or installs wireless communication 709 transmission equipment, wireless facilities, or wireless support 710 structures but is not a wireless services provider. 711 14. “Wireless provider” means a wireless infrastructure 712 provider or a wireless services provider. 713 15. “Wireless services” means any services provided using 714 licensed or unlicensed spectrum, whether at a fixed location or 715 mobile, using wireless facilities. 716 16. “Wireless services provider” means a person who 717 provides wireless services. 718 17. “Wireless support structure” means a freestanding 719 structure, such as a monopole, a guyed or self-supporting tower, 720 or another existing or proposed structure designed to support or 721 capable of supporting wireless facilities. The term does not 722 include a utility pole, pedestal, or other support structure for 723 ground-based equipment not mounted on a utility pole and less 724 than 10 feet in height. 725 (c) Except as provided in this subsection, an authority may 726 not prohibit, regulate, or charge for the collocation of small 727 wireless facilities in the public rights-of-way or for the 728 installation, maintenance, modification, operation, or 729 replacement of utility poles used for the collocation of small 730 wireless facilities in the public rights-of-way. 731 (d) An authority may require a registration process and 732 permit fees in accordance with subsection (3). An authority 733 shall accept applications for permits and shall process and 734 issue permits subject to the following requirements: 735 1. An authority may not directly or indirectly require an 736 applicant to perform services unrelated to the collocation for 737 which approval is sought, such as in-kind contributions to the 738 authority, including reserving fiber, conduit, or pole space for 739 the authority. 740 2. An applicant may not be required to provide more 741 information to obtain a permit than is necessary to demonstrate 742 the applicant’s compliance with applicable codes for the 743 placement of small wireless facilities in the locations 744 identified in the application. An applicant may not be required 745 to provide inventories, maps, or locations of communications 746 facilities in the right-of-way other than as necessary to avoid 747 interference with other at-grade facilities located at the 748 specific location proposed for a small wireless facility or 749 within 25 feet of such location. 750 3. An authority may not: 751 a. Require the placement of small wireless facilities on 752 any specific utility pole or category of poles;or753 b. Require the placement of multiple antenna systems on a 754 single utility pole; 755 c. Require a demonstration that collocation of a small 756 wireless facility on an existing structure is not legally or 757 technically possible as a condition for granting a permit for 758 the collocation of a small wireless facility on a new utility 759 pole; 760 d. Require compliance with an authority’s provisions 761 regarding placement of small wireless facilities or a new 762 utility pole used to support a small wireless facility in 763 rights-of-way not under the control of the authority pursuant to 764 a delegation from the department, or require such compliance as 765 a condition to receive a permit that is ancillary to the permit 766 for collocation of a small wireless facility, including an 767 electrical permit; 768 e. Require a meeting before filing an application; 769 f. Require direct or indirect public notification or a 770 public meeting for the placement of communication facilities in 771 the right-of-way; 772 g. Limit the size or configuration of a small wireless 773 facility or any of its components, if the small wireless 774 facility complies with the size limits in this subsection; 775 h. Prohibit the installation of a new utility pole used to 776 support the collocation of a small wireless facility if the 777 installation otherwise meets the requirements of this 778 subsection; 779 i. Require that any component of a small wireless facility 780 be placed underground; or 781 j. Require that any existing communication facility be 782 placed underground, except as provided in ss. 337.403 and 783 337.404. 784 4. Subject to sub-subparagraph (f)6.b., an authority may 785 not limit the placement, by minimum separation distances, of 786 small wireless facilities, utility poles on which small wireless 787 facilities are or will be collocated, or other at-grade 788 communications facilitiesby minimum separation distances. 789 However, within 14 days after the date of filing the 790 application, an authority may request that the proposed location 791 of a small wireless facility be moved to another location in the 792 right-of-way and placed on an alternative authority utility pole 793 or support structure or placed onmay placea new utility pole. 794 The authority and the applicant may negotiate the alternative 795 location, including any objective design standards and 796 reasonable spacing requirements for ground-based equipment, for 797 30 days after the date of the request. At the conclusion of the 798 negotiation period, if the alternative location is accepted by 799 the applicant, the applicant must notify the authority of such 800 acceptance and the application shall be deemed granted for any 801 new location for which there is agreement and all other 802 locations in the application. If an agreement is not reached, 803 the applicant must notify the authority of such nonagreement and 804 the authority must grant or deny the original application within 805 90 days after the date the application was filed. A request for 806 an alternative location, an acceptance of an alternative 807 location, or a rejection of an alternative location must be in 808 writing and provided by electronic mail. 809 5. An authority shall limit the height of a small wireless 810 facility to 10 feet above the utility pole or structure upon 811 which the small wireless facility is to be collocated. Unless 812 waived by an authority, the height for a new utility pole is 813 limited to the tallest existing utility pole as of July 1, 2017, 814 located in the same right-of-way, other than a utility pole for 815 which a waiver has previously been granted, measured from grade 816 in place within 500 feet of the proposed location of the small 817 wireless facility. If there is no utility pole within 500 feet, 818 the authority shall limit the height of the utility pole to 50 819 feet. 820 6.Except as provided in subparagraphs 4. and 5.,The 821 installation by a communications services provider of a utility 822 pole in the public rights-of-way, other than a utility pole used 823designedto support a small wireless facility, isshall be824 subject to authority rules or regulations governing the 825 placement of utility poles in the public rights-of-way and is 826shall besubject to the application review timeframes in this 827 subsection. 828 7. Within 14 days after receiving an application, an 829 authority must determine and notify the applicant by electronic 830 mail as to whether the application is complete. If an 831 application is deemed incomplete, the authority must 832 specifically identify the missing information. An application is 833 deemed complete if the authority fails to provide notification 834 to the applicant within 14 days. 835 8. An application must be processed on a nondiscriminatory 836 basis. A complete application is deemed approved if an authority 837 fails to approve or deny the application within 60 days after 838 receipt of the application. If an authority does not use the 30 839 day negotiation period provided in subparagraph 4., the parties 840 may mutually agree to extend the 60-day application review 841 period. The authority shall grant or deny the application at the 842 end of the extended period. A permit issued pursuant to an 843 approved application shall remain effective for 1 year unless 844 extended by the authority. 845 9. An authority must notify the applicant of approval or 846 denial by electronic mail. An authority shall approve a complete 847 application unless it does not meet the authority’s applicable 848 codes. If the application is denied, the authority must specify 849 in writing the basis for denial, including the specific code 850 provisions on which the denial was based, and send the 851 documentation to the applicant by electronic mail on the day the 852 authority denies the application. The applicant may cure the 853 deficiencies identified by the authority and resubmit the 854 application within 30 days after notice of the denial is sent to 855 the applicant. The authority shall approve or deny the revised 856 application within 30 days after receipt or the application is 857 deemed approved. The review of a revised application isAny858subsequent review shall belimited to the deficiencies cited in 859 the denial. The availability of any subsequent review by the 860 authority does not bar review of a denial in a court of 861 competent jurisdiction. 862 10. An applicant seeking to collocate small wireless 863 facilities within the jurisdiction of a single authority may, at 864 the applicant’s discretion, file a consolidated application and 865 receive a single permit for the collocation of up to 30 small 866 wireless facilities. If the application includes multiple small 867 wireless facilities, an authority may separately address small 868 wireless facility collocations for which incomplete information 869 has been received or which are denied. 870 11. An authority may deny a proposed collocation of a small 871 wireless facility in the public rights-of-way if the proposed 872 collocation: 873 a. Materially interferes with the safe operation of traffic 874 control equipment. 875 b. Materially interferes with sight lines or clear zones 876 for transportation, pedestrians, or public safety purposes. 877 c. Materially interferes with compliance with the Americans 878 with Disabilities Act or similar federal or state standards 879 regarding pedestrian access or movement. 880 d. Materially fails to comply with the 2010 edition of the 881 Florida Department of Transportation Utility Accommodation 882 Manual. 883 e. Fails to comply with applicable codes. 884 f. Fails to comply with objective design standards 885 authorized under subparagraph (f)6. 886 12. An authority may adopt by ordinance provisions for 887 insurance coverage, indemnification,performance bonds, security888funds,force majeure, abandonment, authority liability, or 889 authority warranties. Such provisions must be reasonable and 890 nondiscriminatory. An authority may require a construction bond 891 to secure restoration of the postconstruction rights-of-way to 892 its preconstruction condition. However, such bond must be time 893 limited to no more than 1 year after the construction to which 894 the bond applies is completed. For any financial obligation 895 required by an authority allowed under this section, the 896 authority shall accept a letter of credit or similar financial 897 instrument issued by any financial institution that is 898 authorized to do business within the United States, provided 899 that a claim against the financial instrument may be made by 900 electronic means, including by facsimile. A provider of 901 communications services may add an authority to any existing 902 bond, insurance policy, or other relevant financial instrument, 903 and the authority must accept such proof of coverage without any 904 conditions. An authority may not require a communications 905 services provider to indemnify it for liabilities not caused by 906 the provider, including liabilities arising from the authority’s 907 negligence, gross negligence, or willful conduct. 908 13. Collocation of a small wireless facility on an 909 authority utility pole does not provide the basis for the 910 imposition of an ad valorem tax on the authority utility pole. 911 14. An authority may reserve space on authority utility 912 poles for future public safety uses. However, a reservation of 913 space may not preclude collocation of a small wireless facility. 914 If replacement of the authority utility pole is necessary to 915 accommodate the collocation of the small wireless facility and 916 the future public safety use, the pole replacement is subject to 917 make-ready provisions and the replaced pole shall accommodate 918 the future public safety use. 919 15. A structure granted a permit and installed pursuant to 920 this subsection shall comply with chapter 333 and federal 921 regulations pertaining to airport airspace protections. 922 (e) An authority may not require any permit or other 923 approval or require fees,or othercharges, costs, or other 924 exactions for: 925 1. Routine maintenance or repair work, including, but not 926 limited to, emergency repairs of existing lawfully placed 927 facilities, or extensions of such facilities, for providing 928 communications services to customers; 929 2. Replacement of existing wireless facilities with 930 wireless facilities that are substantially similar or of the 931 same or smaller size; or 932 3. Installation, placement, maintenance, or replacement of 933 micro wireless facilities that are suspended on cables strung 934 between existing utility poles in compliance with applicable 935 codes by or for a communications services provider authorized to 936 occupy the rights-of-way and who is remitting taxes under 937 chapter 202. An authority may require an initial letter from or 938 on behalf of such provider, which is effective upon filing, 939 attesting that the micro wireless facility dimensions comply 940 with the limits of this subsection. The authority may not 941 require any additional filing or other information as long as 942 the provider is deploying the same, a substantially similar, or 943 a smaller size micro wireless facility equipment. 944 945 Notwithstanding this paragraph, an authority may require a 946 right-of-way permit for work that involves excavation, closure 947 of a sidewalk, or closure of a vehicular lane unless the 948 provider is making emergency restoration or repair work to 949 existing lawfully placed facilities. 950 (f) Collocation of small wireless facilities on authority 951 utility poles is subject to the following requirements: 952 1. An authority may not enter into an exclusive arrangement 953 with any person for the right to attach equipment to authority 954 utility poles. 955 2. The rates and fees for collocations on authority utility 956 poles must be nondiscriminatory, regardless of the services 957 provided by the collocating person. 958 3. The rate to collocate small wireless facilities on an 959 authority utility pole may not exceed $150 per pole annually. 960 4. Agreements between authorities and wireless providers 961 that are in effect on July 1, 2017, and that relate to the 962 collocation of small wireless facilities in the right-of-way, 963 including the collocation of small wireless facilities on 964 authority utility poles, remain in effect, subject to applicable 965 termination provisions. The wireless provider may accept the 966 rates, fees, and terms established under this subsection for 967 small wireless facilities and utility poles that are the subject 968 of an application submitted after the rates, fees, and terms 969 become effective. 970 5. A person owning or controlling an authority utility pole 971 shall offer rates, fees, and other terms that comply with this 972 subsection. By the later of January 1, 2018, or 3 months after 973 receiving a request to collocate its first small wireless 974 facility on a utility pole owned or controlled by an authority, 975 the person owning or controlling the authority utility pole 976 shall make available, through ordinance or otherwise, rates, 977 fees, and terms for the collocation of small wireless facilities 978 on the authority utility pole which comply with this subsection. 979 a. The rates, fees, and terms must be nondiscriminatory and 980 competitively neutral and must comply with this subsection. 981 b. For an authority utility pole that supports an aerial 982 facility used to provide communications services or electric 983 service, the parties shall comply with the process for make 984 ready work under 47 U.S.C. s. 224 and implementing regulations. 985 The good faith estimate of the person owning or controlling the 986 pole for any make-ready work necessary to enable the pole to 987 support the requested collocation must include pole replacement 988 if necessary. 989 c. For an authority utility pole that does not support an 990 aerial facility used to provide communications services or 991 electric service, the authority shall provide a good faith 992 estimate for any make-ready work necessary to enable the pole to 993 support the requested collocation, including necessary pole 994 replacement, within 60 days after receipt of a complete 995 application. Make-ready work, including any pole replacement, 996 must be completed within 60 days after written acceptance of the 997 good faith estimate by the applicant. Alternatively, an 998 authority may require the applicant seeking to collocate a small 999 wireless facility to provide a make-ready estimate at the 1000 applicant’s expense for the work necessary to support the small 1001 wireless facility, including pole replacement, and perform the 1002 make-ready work. If pole replacement is required, the scope of 1003 the make-ready estimate is limited to the design, fabrication, 1004 and installation of a utility pole that is substantially similar 1005 in color and composition. The authority may not condition or 1006 restrict the manner in which the applicant obtains, develops, or 1007 provides the estimate or conducts the make-ready work subject to 1008 usual construction restoration standards for work in the right 1009 of-way. The replaced or altered utility pole shall remain the 1010 property of the authority. 1011 d. An authority may not require more make-ready work than 1012 is required to meet applicable codes or industry standards. Fees 1013 for make-ready work may not include costs related to preexisting 1014 damage or prior noncompliance. Fees for make-ready work, 1015 including any pole replacement, may not exceed actual costs or 1016 the amount charged to communications services providers other 1017 than wireless services providers for similar work and may not 1018 include any consultant fee or expense. 1019 6. An authority may require wireless providers to comply 1020 with objective design standards adopted by ordinance. The 1021 ordinance may require: 1022 a. A new utility pole that replaces an existing utility 1023 pole to be of substantially similar design, material, and color; 1024 b. Reasonable spacing requirements concerning the location 1025 of a ground-mounted component of a small wireless facility which 1026 does not exceed 15 feet from the associated support structure; 1027 or 1028 c. A small wireless facility to meet reasonable location 1029 context, color, camouflage, and concealment requirements, 1030 subject to the limitations in this subsection. 1031 1032 Such design standards under this subparagraph may be waived by 1033 the authority upon a showing that the design standards are not 1034 reasonably compatible for the particular location of a small 1035 wireless facility or are technically infeasible or that the 1036 design standards impose an excessive expense. The waiver must be 1037 granted or denied within 45 days after the date of the request. 1038 (g) For any applications filed before the effective date of 1039 ordinances implementing this subsection, an authority may apply 1040 current ordinances relating to placement of communications 1041 facilities in the right-of-way related to registration, 1042 permitting, insurance coverage, indemnification,performance1043bonds, security funds,force majeure, abandonment, authority 1044 liability, or authority warranties. Permit application 1045 requirements and small wireless facility placement requirements, 1046 including utility pole height limits, that conflict with this 1047 subsection mustshallbe waived by the authority. An authority 1048 may not institute, either expressly or de facto, a moratorium, 1049 zoning-in-progress, or other mechanism that would prohibit or 1050 delay the filing, receiving, or processing of registrations, 1051 applications, or issuing of permits or other approvals for the 1052 collocation of small wireless facilities or the installation, 1053 modification, or replacement of utility poles used to support 1054 the collocation of small wireless facilities. 1055(i) A wireless provider shall, in relation to a small1056wireless facility, utility pole, or wireless support structure1057in the public rights-of-way, comply with nondiscriminatory1058undergrounding requirements of an authority that prohibit above1059ground structures in public rights-of-way. Any such requirements1060may be waived by the authority.1061 (8)(a) Any person aggrieved by a violation of this section 1062 may bring a civil action in a United States District Court or in 1063 any other court of competent jurisdiction. 1064 (b) The court may: 1065 1. Grant temporary or permanent injunctions on terms as it 1066 may deem reasonable to prevent or restrain violations of this 1067 section; and 1068 2. Direct the recovery of full costs, including awarding 1069 reasonable attorney fees, to an aggrieved party who prevails. 1070 Section 4. The taxes imposed by s. 202.12, Florida 1071 Statutes, as amended by this act, on communications services 1072 shall be applied to communications services reflected on bills 1073 dated on or after October 1, 2020. 1074 Section 5. This act shall take effect July 1, 2019.