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 CS for SB 1000 By the Committees on Community Affairs; and Innovation, Industry, and Technology; and Senator Hutson 578-03519-19 20191000c2 1 A bill to be entitled 2 An act relating to communications services; amending 3 s. 202.20, F.S.; conforming a cross-reference; 4 amending s. 337.401, F.S.; revising legislative 5 intent; specifying limitations and prohibitions on 6 municipalities and counties relating to registrations 7 and renewals of communications services providers; 8 authorizing municipalities and counties to require 9 certain information as part of a permit application 10 and to request certain updates from providers; 11 prohibiting municipalities and counties from requiring 12 a payment of fees, costs, or charges for provider 13 registration or renewal; prohibiting municipalities 14 and counties from adopting or enforcing certain 15 ordinances, regulations, or requirements; specifying 16 limitations on municipal and county authority to 17 regulate and manage municipal and county roads or 18 rights-of-way; prohibiting certain municipalities and 19 counties from electing to impose permit fees; 20 providing retroactive applicability; authorizing 21 certain municipalities and counties to continue to 22 require and collect such fees; deleting obsolete 23 provisions; specifying activities for which permit 24 fees may not be imposed; deleting certain provisions 25 relating to municipality, charter county, and 26 noncharter county elections to impose, or not to 27 impose, permit fees; requiring that enforcement of 28 certain ordinances must be suspended until certain 29 conditions are met; revising legislative intent 30 relating to the imposition of certain fees, costs, and 31 exactions on providers; specifying a condition for 32 certain in-kind compensation; specifying prohibited 33 acts by municipalities and countries in the use of 34 their authority over the placement of facilities for 35 certain purposes; authorizing municipalities and 36 counties to require a right-of-way permit for certain 37 purposes; providing requirements for processing 38 certain permit applications; prohibiting 39 municipalities and counties from certain actions 40 relating to certain aerial or underground 41 communications facilities; specifying limitations and 42 requirements for certain municipal and county rules 43 and regulations; revising definitions under the 44 Advanced Wireless Infrastructure Deployment Act; 45 prohibiting certain actions by an authority relating 46 to certain utility poles; prohibiting authorities from 47 requiring permit applicants to provide certain 48 information, except under certain circumstances; 49 adding prohibited acts by authorities relating to 50 small wireless facilities, application requirements, 51 public notification and public meetings, and the 52 placement of certain facilities; revising 53 applicability of authority rules and regulations 54 governing the placement of utility poles in the public 55 rights-of-way; providing construction relating to 56 judicial review of certain application denials; adding 57 grounds for an authority’s denial of a proposed 58 collocation of a small wireless facility in the public 59 rights-of-way; deleting an authority’s authorization 60 to adopt ordinances for performance bonds and security 61 funds; authorizing an authority to require a 62 construction bond, subject to certain conditions; 63 requiring authorities to accept certain financial 64 instruments for certain financial obligations; 65 authorizing providers to add authorities to certain 66 financial instruments; prohibiting an authority from 67 requiring a provider to indemnify the authority for 68 certain liabilities; prohibiting an authority from 69 requiring a permit, approval, fees, charges, costs, or 70 exactions for certain activities; authorizing and 71 limiting filings the authority may require relating to 72 micro wireless facility equipment; providing an 73 exception to a provision authorizing an authority to 74 require a certain right-of-way permit; authorizing 75 authorities to require wireless providers to comply 76 with certain objective design standards adopted by 77 ordinance; authorizing the authority to waive such 78 design standards under certain circumstances; 79 providing a requirement for the waiver; revising an 80 authority’s authorization to apply certain ordinances 81 to applications filed before a certain timeframe; 82 prohibiting authorities from certain actions relating 83 to registrations, applications, permits, and approvals 84 in relation to small wireless facilities; deleting a 85 requirement for wireless providers to comply with 86 certain undergrounding requirements; authorizing a 87 civil action for violations; authorizing actions a 88 court may take; providing an effective date. 89 90 Be It Enacted by the Legislature of the State of Florida: 91 92 Section 1. Paragraph (b) of subsection (2) of section 93 202.20, Florida Statutes, is amended to read: 94 202.20 Local communications services tax conversion rates.— 95 (2) 96 (b) Except as otherwise provided in this subsection, 97 “replaced revenue sources,” as used in this section, means the 98 following taxes, charges, fees, or other impositions to the 99 extent that the respective local taxing jurisdictions were 100 authorized to impose them prior to July 1, 2000. 101 1. With respect to municipalities and charter counties and 102 the taxes authorized by s. 202.19(1): 103 a. The public service tax on telecommunications authorized 104 by former s. 166.231(9). 105 b. Franchise fees on cable service providers as authorized 106 by 47 U.S.C. s. 542. 107 c. The public service tax on prepaid calling arrangements. 108 d. Franchise fees on dealers of communications services 109 which use the public roads or rights-of-way, up to the limit set 110 forth in s. 337.401. For purposes of calculating rates under 111 this section, it is the legislative intent that charter counties 112 be treated as having had the same authority as municipalities to 113 impose franchise fees on recurring local telecommunication 114 service revenues prior to July 1, 2000. However, the Legislature 115 recognizes that the authority of charter counties to impose such 116 fees is in dispute, and the treatment provided in this section 117 is not an expression of legislative intent that charter counties 118 actually do or do not possess such authority. 119 e. Actual permit fees relating to placing or maintaining 120 facilities in or on public roads or rights-of-way, collected 121 from providers of long-distance, cable, and mobile 122 communications services for the fiscal year ending September 30, 123 1999; however, if a municipality or charter county elects the 124 option to charge permit fees pursuant to s. 337.401(3)(c) 125337.401(3)(c)1.a., such fees shall not be included as a replaced 126 revenue source. 127 2. With respect to all other counties and the taxes 128 authorized in s. 202.19(1), franchise fees on cable service 129 providers as authorized by 47 U.S.C. s. 542. 130 Section 2. Subsection (3), paragraphs (e) and (f) of 131 subsection (6), and paragraphs (b), (c), (d), (e), (f), (g), and 132 (i) of subsection (7) of section 337.401, Florida Statutes, are 133 amended, and subsection (8) is added to that section, to read: 134 337.401 Use of right-of-way for utilities subject to 135 regulation; permit; fees.— 136 (3)(a) Because of the unique circumstances applicable to 137 providers of communications services, including, but not limited 138 to, the circumstances described in paragraph (e) and the fact 139 that federal and state law require the nondiscriminatory 140 treatment of providers of telecommunications services, and 141 because of the desire to promote competition among providers of 142 communications services, it is the intent of the Legislature 143 that municipalities and counties treat providers of 144 communications services in a nondiscriminatory and competitively 145 neutral manner when imposing rules or regulations governing the 146 placement or maintenance of communications facilities in the 147 public roads or rights-of-way. Rules or regulations imposed by a 148 municipality or county relating to providers of communications 149 services placing or maintaining communications facilities in its 150 roads or rights-of-way must be generally applicable to all 151 providers of communications services, taking into account the 152 distinct engineering, construction, operation, maintenance, 153 public works, and safety requirements of provider facilities, 154 and, notwithstanding any other law, may not require a provider 155 of communications services to apply for or enter into an 156 individual license, franchise, or other agreement with the 157 municipality or county as a condition of placing or maintaining 158 communications facilities in its roads or rights-of-way. In 159 addition to other reasonable rules or regulations that a 160 municipality or county may adopt relating to the placement or 161 maintenance of communications facilities in its roads or rights 162 of-way under this subsection or subsection (7), a municipality 163 or county may require a provider of communications services that 164 places or seeks to place facilities in its roads or rights-of 165 way to register with the municipality or county. To register, a 166 provider of communications services only may be required to 167 provide its nameand to provide the name of the registrant; the 168 name, address, and telephone number of a contact person for the 169 registrant; the number of the registrant’s current certificate 170 of authorization issued by the Florida Public Service 171 Commission, the Federal Communications Commission, or the 172 Department of State; and any required proof of insurance or 173 self-insuring status adequate to defend and cover claims. A 174 municipality or county may not require registration renewal more 175 frequently than every 5 years, but may request that a provider 176 submit any updates during this period if the registration 177 information provided pursuant to this subsection changes. A 178 municipality or county may not require the provision of an 179 inventory of communications facilities, maps, locations of such 180 facilities, or other information by a registrant as a condition 181 of registration, renewal, or for any other purpose; provided, 182 however, that a municipality or county may require as part of a 183 permit application that the applicant identify at-grade 184 communications facilities within 25 feet of the proposed 185 installation location for the placement of at-grade 186 communications facilities. A municipality or county may not 187 require a provider to pay any fee, cost, or other charge for 188 registration or renewal thereof. It is the intent of the 189 Legislature that the placement, operation, maintenance, 190 upgrading, and extension of communications facilities not be 191 unreasonably interrupted or delayed through the permitting or 192 other local regulatory process. Except as provided in this 193 chapter or otherwise expressly authorized by chapter 202, 194 chapter 364, or chapter 610, a municipality or county may not 195 adopt or enforce any ordinance, regulation, or requirement as to 196 the placement or operation of communications facilities in a 197 right-of-way by a communications services provider authorized by 198 state or local law to operate in a right-of-way; regulate any 199 communications services; or impose or collect any tax, fee, 200 cost, charge, or exaction for the provision of communications 201 services over the communications services provider’s 202 communications facilities in a right-of-way. 203 (b) Registration described in paragraph (a) does not 204 establish a right to place or maintain, or priority for the 205 placement or maintenance of, a communications facility in roads 206 or rights-of-way of a municipality or county. Each municipality 207 and county retains the authority to regulate and manage 208 municipal and county roads or rights-of-way in exercising its 209 police power, subject to the limitations imposed in this section 210 and chapters 202 and 610. Any rules or regulations adopted by a 211 municipality or county which govern the occupation of its roads 212 or rights-of-way by providers of communications services must be 213 related to the placement or maintenance of facilities in such 214 roads or rights-of-way, must be reasonable and 215 nondiscriminatory, and may include only those matters necessary 216 to manage the roads or rights-of-way of the municipality or 217 county. 218 (c) Any municipality or county that, as of January 1, 2019, 219 elected to require permit fees from any provider of 220 communications services that uses or occupy municipal or county 221 road or rights-of-way pursuant to former paragraph (c) or 222 paragraph (j), Florida Statutes 2018, may continue to require 223 and collect such fees. A municipality or county that elected as 224 of such date to require permit fees may elect to forego such 225 fees as provided herein. A municipality or county that elected 226 as of such date not to require permit fees may not elect to 227 impose permit fees. 2281.It is the intention of the state to treat all providers229of communications services that use or occupy municipal or230charter county roads or rights-of-way for the provision of231communications services in a nondiscriminatory and competitively232neutral manner with respect to the payment of permit fees.233Certain providers of communications services have been granted234by general law the authority to offset permit fees against235franchise or other fees while other providers of communications236services have not been granted this authority. In order to treat237all providers of communications services in a nondiscriminatory238and competitively neutral manner with respect to the payment of239permit fees, each municipality and charter county shall make an240election under either sub-subparagraph a. or sub-subparagraph b.241and must inform the Department of Revenue of the election by242certified mail by July 16, 2001. Such election shall take effect243October 1, 2001.244a.(I) The municipality or charter county may require and245collect permit fees from any providers of communications246services that use or occupy municipal or county roads or rights247of-way.All fees authorizedpermittedunder this paragraphsub248subparagraphmust be reasonable and commensurate with the direct 249 and actual cost of the regulatory activity, including issuing 250 and processing permits, plan reviews, physical inspection, and 251 direct administrative costs; must be demonstrable; and must be 252 equitable among users of the roads or rights-of-way. A fee 253 authorizedpermittedunder this paragraphsub-subparagraphmay 254 not:be offset against the tax imposed under chapter 202; 255 include the costs of roads or rights-of-way acquisition or roads 256 or rights-of-way rental; include any general administrative, 257 management, or maintenance costs of the roads or rights-of-way; 258 or be based on a percentage of the value or costs associated 259 with the work to be performed on the roads or rights-of-way. In 260 an action to recover amounts due for a fee not authorized 261permittedunder this paragraphsub-subparagraph, the prevailing 262 party may recover court costs and attorneyattorney’sfees at 263 trial and on appeal. In addition to the limitations set forth in 264 this section, a fee levied by a municipality or charter county 265 under this paragraphsub-subparagraphmay not exceed $100. 266 However, permit fees may not be imposed with respect to permits 267 that may be required for service drop lines not required to be 268 noticed under s. 556.108(5)s.556.108(5)(a)2.or for any 269 activity that does not require the physical disturbance of the 270 roads or rights-of-way or does not impair access to or full use 271 of the roads or rights-of-way, including, but not limited to, 272 any emergency repairs of existing facilities, extensions of such 273 facilities for providing communications services to customers, 274 and the placement of micro wireless facilities in accordance 275 with subparagraph (7)(e)3. 276(II) To ensure competitive neutrality among providers of277communications services, for any municipality or charter county278that elects to exercise its authority to require and collect279permit fees under this sub-subparagraph, the rate of the local280communications services tax imposed by such jurisdiction, as281computed under s. 202.20, shall automatically be reduced by a282rate of 0.12 percent.283b. Alternatively, the municipality or charter county may284elect not to require and collect permit fees from any provider285of communications services that uses or occupies municipal or286charter county roads or rights-of-way for the provision of287communications services; however, each municipality or charter288county that elects to operate under this sub-subparagraph289retains all authority to establish rules and regulations for290providers of communications services to use or occupy roads or291rights-of-way as provided in this section.292 1. If a municipality or charter county elects to not 293 require permit feesoperate under this sub-subparagraph, the 294 total rate for the local communications services tax as computed 295 under s. 202.20 for that municipality or charter county may be 296 increased by ordinance or resolution by an amount not to exceed 297 a rate of 0.12 percent.If a municipality or charter county298elects to increase its rate effective October 1, 2001, the299municipality or charter county shall inform the department of300such increased rate by certified mail postmarked on or before301July 16, 2001.302c. A municipality or charter county that does not make an303election as provided for in this subparagraph shall be presumed304to have elected to operate under the provisions of sub305subparagraph b.3062. Each noncharter county shall make an election under307either sub-subparagraph a. or sub-subparagraph b. and shall308inform the Department of Revenue of the election by certified309mail by July 16, 2001. Such election shall take effect October3101, 2001.311a. The noncharter county may elect to require and collect312permit fees from any providers of communications services that313use or occupy noncharter county roads or rights-of-way. All fees314permitted under this sub-subparagraph must be reasonable and315commensurate with the direct and actual cost of the regulatory316activity, including issuing and processing permits, plan317reviews, physical inspection, and direct administrative costs;318must be demonstrable; and must be equitable among users of the319roads or rights-of-way. A fee permitted under this sub320subparagraph may not: be offset against the tax imposed under321chapter 202; include the costs of roads or rights-of-way322acquisition or roads or rights-of-way rental; include any323general administrative, management, or maintenance costs of the324roads or rights-of-way; or be based on a percentage of the value325or costs associated with the work to be performed on the roads326or rights-of-way. In an action to recover amounts due for a fee327not permitted under this sub-subparagraph, the prevailing party328may recover court costs and attorney’s fees at trial and on329appeal. In addition to the limitations set forth in this330section, a fee levied by a noncharter county under this sub331subparagraph may not exceed $100. However, permit fees may not332be imposed with respect to permits that may be required for333service drop lines not required to be noticed under s.334556.108(5)(a)2. or for any activity that does not require the335physical disturbance of the roads or rights-of-way or does not336impair access to or full use of the roads or rights-of-way.337b. Alternatively, the noncharter county may elect not to338require and collect permit fees from any provider of339communications services that uses or occupies noncharter county340roads or rights-of-way for the provision of communications341services; however, each noncharter county that elects to operate342under this sub-subparagraph shall retain all authority to343establish rules and regulations for providers of communications344services to use or occupy roads or rights-of-way as provided in345this section.346 2. If a noncharter county elects to not require permit fees 347operate under this sub-subparagraph, the total rate for the 348 local communications services tax as computed under s. 202.20 349 for that noncharter county may be increased by ordinance or 350 resolution by an amount not to exceed a rate of 0.24 percent,to 351 replace the revenue the noncharter county would otherwise have 352 received from permit fees for providers of communications 353 services.If a noncharter county elects to increase its rate354effective October 1, 2001, the noncharter county shall inform355the department of such increased rate by certified mail356postmarked on or before July 16, 2001.357c. A noncharter county that does not make an election as358provided for in this subparagraph shall be presumed to have359elected to operate under the provisions of sub-subparagraph b.3603. Except as provided in this paragraph, municipalities and361counties retain all existing authority to require and collect362permit fees from users or occupants of municipal or county roads363or rights-of-way and to set appropriate permit fee amounts.364 (d)After January 1, 2001,In addition to any other notice 365 requirements, a municipality must provide to the Secretary of 366 State, at least 10 days prior to consideration on first reading, 367 notice of a proposed ordinance governing a telecommunications 368 company placing or maintaining telecommunications facilities in 369 its roads or rights-of-way.After January 1, 2001,In addition 370 to any other notice requirements, a county must provide to the 371 Secretary of State, at least 15 days prior to consideration at a 372 public hearing, notice of a proposed ordinance governing a 373 telecommunications company placing or maintaining 374 telecommunications facilities in its roads or rights-of-way. The 375 notice required by this paragraph must be published by the 376 Secretary of State on a designated Internet website. The failure 377 of a municipality or county to provide such notice does not 378 render the ordinance invalid, provided that enforcement of such 379 ordinance must be suspended until 30 days after the municipality 380 or county provides the required notice. 381 (e) The authority of municipalities and counties to require 382 franchise fees from providers of communications services, with 383 respect to the provision of communications services, is 384 specifically preempted by the state because of unique 385 circumstances applicable to providers of communications services 386 when compared to other utilities occupying municipal or county 387 roads or rights-of-way. Providers of communications services may 388 provide similar services in a manner that requires the placement 389 of facilities in municipal or county roads or rights-of-way or 390 in a manner that does not require the placement of facilities in 391 such roads or rights-of-way. Although similar communications 392 services may be provided by different means, the state desires 393 to treat providers of communications services in a 394 nondiscriminatory manner and to have the taxes, franchise fees, 395 and other fees, costs, and financial or regulatory exactions 396 paid by or imposed on providers of communications services be 397 competitively neutral. Municipalities and counties retain all 398 existing authority, if any, to collect franchise fees from users 399 or occupants of municipal or county roads or rights-of-way other 400 than providers of communications services, and the provisions of 401 this subsection shall have no effect upon this authority. The 402 provisions of this subsection do not restrict the authority, if 403 any, of municipalities or counties or other governmental 404 entities to receive reasonable rental fees based on fair market 405 value for the use of public lands and buildings on property 406 outside the public roads or rights-of-way for the placement of 407 communications antennas and towers. 408 (f) Except as expressly allowed or authorized by general 409 law and except for the rights-of-way permit fees subject to 410 paragraph (c), a municipality or county may not levy on a 411 provider of communications services a tax, fee, or other charge 412 or imposition for operating as a provider of communications 413 services within the jurisdiction of the municipality or county 414 which is in any way related to using its roads or rights-of-way. 415 A municipality or county may not require or solicit in-kind 416 compensation, except as otherwise provided in s. 202.24(2)(c)8. 417 or s. 610.109, provided that the in-kind compensation is not a 418 franchise fee under federal law. Nothing in this paragraph shall 419 impair any ordinance or agreement in effect on May 22, 1998, or 420 any voluntary agreement entered into subsequent to that date, 421 which provides for or allows in-kind compensation by a 422 telecommunications company. 423 (g) A municipality or county may not use its authority over 424 the placement of facilities in its roads and rights-of-way as a 425 basis for asserting or exercising regulatory control over a 426 provider of communications services regarding matters within the 427 exclusive jurisdiction of the Florida Public Service Commission 428 or the Federal Communications Commission, including, but not 429 limited to, the operations, systems, equipment, technology, 430 qualifications, services, service quality, service territory, 431 and prices of a provider of communications services. A 432 municipality or county may not require any permit for the 433 maintenance, repair, replacement, or upgrade of existing aerial 434 wireline communications facilities on utility poles or for 435 aerial wireline facilities between existing wireline 436 communications facility attachments on utility poles by a 437 communications services provider; provided, however, that a 438 municipality or county may require a right-of-way permit for 439 work that involves excavation, closure of a sidewalk, or closure 440 of a vehicular lane, unless the provider is making emergency 441 restoration or repair work to existing facilities. Any permit 442 application required by an authority under this section for the 443 placement of communications facilities must be processed and 444 acted upon consistent with the timeframes provided in 445 subparagraphs (7)(d)7.-9. In addition, a municipality or county 446 may not require any permit or other approval, fee, charge, or 447 cost, or other exaction for the maintenance, repair, 448 replacement, or upgrade of existing aerial or underground 449 communications facilities located on private property outside of 450 the public rights-of-way. 451 (h) A provider of communications services that has obtained 452 permission to occupy the roads or rights-of-way of an 453 incorporated municipality pursuant to s. 362.01 or that is 454 otherwise lawfully occupying the roads or rights-of-way of a 455 municipality or county shall not be required to obtain consent 456 to continue such lawful occupation of those roads or rights-of 457 way; however, nothing in this paragraph shall be interpreted to 458 limit the power of a municipality or county to adopt or enforce 459 reasonable rules or regulations as provided in this section and 460 consistent with chapters 202, 364, and 610. Any such rules or 461 regulations must be in writing, and registered providers of 462 communications services in the municipality or county must be 463 given at least 60 days’ advance written notice of any changes to 464 the rules and regulations. 465 (i) Except as expressly provided in this section, this 466 section does not modify the authority of municipalities and 467 counties to levy the tax authorized in chapter 202 or the duties 468 of providers of communications services under ss. 337.402 469 337.404. This section does not apply to building permits, pole 470 attachments, or private roads, private easements, and private 471 rights-of-way. 472 (j)Pursuant to this paragraph, any county or municipality473may by ordinance change either its election made on or before474July 16, 2001, under paragraph (c) or an election made under475this paragraph.4761.a. If a municipality or charter county changes its477election under this paragraph in order to exercise its authority478to require and collect permit fees in accordance with this479subsection, the rate of the local communications services tax480imposed by such jurisdiction pursuant to ss. 202.19 and 202.20481shall automatically be reduced by the sum of 0.12 percent plus482the percentage, if any, by which such rate was increased483pursuant to sub-subparagraph (c)1.b.484b. If a municipality or charter county changes its election485under this paragraph in order to discontinue requiring and486collecting permit fees, the rate of the local communications487services tax imposed by such jurisdiction pursuant to ss. 202.19488and 202.20 may be increased by ordinance or resolution by an489amount not to exceed 0.24 percent.4902.a. If a noncharter county changes its election under this491paragraph in order to exercise its authority to require and492collect permit fees in accordance with this subsection, the rate493of the local communications services tax imposed by such494jurisdiction pursuant to ss. 202.19 and 202.20 shall495automatically be reduced by the percentage, if any, by which496such rate was increased pursuant to sub-subparagraph (c)2.b.497b. If a noncharter county changes its election under this498paragraph in order to discontinue requiring and collecting499permit fees, the rate of the local communications services tax500imposed by such jurisdiction pursuant to ss. 202.19 and 202.20501may be increased by ordinance or resolution by an amount not to502exceed 0.24 percent.5033.a. Any change of election pursuant to this paragraph and504any tax rate change resulting from such change of election shall505be subject to the notice requirements of s. 202.21; however, no506such change of election shall become effective prior to January5071, 2003.508b. Any county or municipality changing its election under509this paragraph in order to exercise its authority to require and510collect permit fees shall, in addition to complying with the511notice requirements under s. 202.21, provide to all dealers512providing communications services in such jurisdiction written513notice of such change of election by September 1 immediately514preceding the January 1 on which such change of election becomes515effective. For purposes of this sub-subparagraph, dealers516providing communications services in such jurisdiction shall517include every dealer reporting tax to such jurisdiction pursuant518to s. 202.37 on the return required under s. 202.27 to be filed519on or before the 20th day of May immediately preceding the520January 1 on which such change of election becomes effective.521(k)Notwithstanding the provisions of s. 202.19, when a 522 local communications services tax rate is changed as a result of 523 an election made or changed under this subsection, such rate may 524shallnot be rounded to tenths. 525 (6) 526 (e) This subsection does not alter any provision of this 527 section or s. 202.24 relating to taxes, fees, or other charges 528 or impositions by a municipality or county on a dealer of 529 communications services or authorize that any charges be 530 assessed on a dealer of communications services, except as 531 specifically set forth herein. A municipality or county may not 532 charge a pass-through provider any amounts other than the 533 charges under this subsection as a condition to the placement or 534 maintenance of a communications facility in the roads or rights 535 of-way of a municipality or county by a pass-through provider, 536 except that a municipality or county may impose permit fees on a 537 pass-through provider consistent with paragraph (3)(c)if the538municipality or county elects to exercise its authority to539collect permit fees under paragraph (3)(c). 540 (f) The charges under this subsection do not apply to 541 communications facilities placed in a municipality’s or county’s 542 rights-of-way prior to the effective date of this subsection 543 with permission from the municipality or county, if any was 544 required, except to the extent the facilities of a pass-through 545 provider were subject to per linear foot or mile charges in 546 effect as of October 1, 2001, in which case the municipality or 547 county may only impose on a pass-through provider charges 548 consistent with paragraph (b) or paragraph (c) for such 549 facilities. Notwithstanding the foregoing, this subsection does 550 not impair any written agreement between a pass-through provider 551 and a municipality or county imposing per linear foot or mile 552 charges for communications facilities placed in municipal or 553 county roads or rights-of-way that is in effect prior to the 554 effective date of this subsection. Upon the termination or 555 expiration of any such written agreement, any charges imposed 556 mustshallbe consistent with this sectionparagraph (b) or557paragraph (c). Notwithstanding the foregoing, until October 1,5582005, this subsection shall not affect a municipality or county559continuing to impose charges in excess of the charges authorized560in this subsection on facilities of a pass-through provider that561is not a dealer of communications services in the state under562chapter 202, but only to the extent such charges were imposed by563municipal or county ordinance or resolution adopted prior to564February 1, 2002. Effective October 1, 2005, any charges imposed565shall be consistent with paragraph (b) or paragraph (c). 566 (7) 567 (b) As used in this subsection, the term: 568 1. “Antenna” means communications equipment that transmits 569 or receives electromagnetic radio frequency signals used in 570 providing wireless services. 571 2. “Applicable codes” means uniform building, fire, 572 electrical, plumbing, or mechanical codes adopted by a 573 recognized national code organization or local amendments to 574 those codes enacted solely to address threats of destruction of 575 property or injury to persons, or local codes or ordinances576adopted to implement this subsection. The term includes577objective design standards adopted by ordinance that may require578a new utility pole that replaces an existing utility pole to be579of substantially similar design, material, and color or that may580require reasonable spacing requirements concerning the location581of ground-mounted equipment. The term includes objective design582standards adopted by ordinance that may require a small wireless583facility to meet reasonable location context, color, stealth,584and concealment requirements; however, such design standards may585be waived by the authority upon a showing that the design586standards are not reasonably compatible for the particular587location of a small wireless facility or that the design588standards impose an excessive expense. The waiver shall be589granted or denied within 45 days after the date of the request. 590 3. “Applicant” means a person who submits an application 591 and is a wireless provider. 592 4. “Application” means a request submitted by an applicant 593 to an authority for a permit to collocate small wireless 594 facilities or to place a new utility pole used to support a 595 small wireless facility. 596 5. “Authority” means a county or municipality having 597 jurisdiction and control of the rights-of-way of any public 598 road. The term does not include the Department of 599 Transportation. Rights-of-way under the jurisdiction and control 600 of the department are excluded from this subsection. 601 6. “Authority utility pole” means a utility pole owned by 602 an authority in the right-of-way. The term does not include a 603 utility pole owned by a municipal electric utility, a utility 604 pole used to support municipally owned or operated electric 605 distribution facilities, or a utility pole located in the right 606 of-way within: 607 a. A retirement community that: 608 (I) Is deed restricted as housing for older persons as 609 defined in s. 760.29(4)(b); 610 (II) Has more than 5,000 residents; and 611 (III) Has underground utilities for electric transmission 612 or distribution. 613 b. A municipality that: 614 (I) Is located on a coastal barrier island as defined in s. 615 161.053(1)(b)3.; 616 (II) Has a land area of less than 5 square miles; 617 (III) Has less than 10,000 residents; and 618 (IV) Has, before July 1, 2017, received referendum approval 619 to issue debt to finance municipal-wide undergrounding of its 620 utilities for electric transmission or distribution. 621 7. “Collocate” or “collocation” means to install, mount, 622 maintain, modify, operate, or replace one or more wireless 623 facilities on, under, within, or adjacent to a wireless support 624 structure or utility pole. The term does not include the 625 installation of a new utility pole or wireless support structure 626 in the public rights-of-way. 627 8. “FCC” means the Federal Communications Commission. 628 9. “Micro wireless facility” means a small wireless 629 facility having dimensions no larger than 24 inches in length, 630 15 inches in width, and 12 inches in height and an exterior 631 antenna, if any, no longer than 11 inches. 632 10. “Small wireless facility” means a wireless facility 633 that meets the following qualifications: 634 a. Each antenna associated with the facility is located 635 inside an enclosure of no more than 6 cubic feet in volume or, 636 in the case of antennas that have exposed elements, each antenna 637 and all of its exposed elements could fit within an enclosure of 638 no more than 6 cubic feet in volume; and 639 b. All other wireless equipment associated with the 640 facility is cumulatively no more than 28 cubic feet in volume. 641 The following types of associated ancillary equipment are not 642 included in the calculation of equipment volume: electric 643 meters, concealment elements, telecommunications demarcation 644 boxes, ground-based enclosures, grounding equipment, power 645 transfer switches, cutoff switches, vertical cable runs for the 646 connection of power and other services, and utility poles or 647 other support structures. 648 11. “Utility pole” means a pole or similar structure that 649 is used in whole or in part to provide communications services 650 or for electric distribution, lighting, traffic control, 651 signage, or a similar function. The term includes the vertical 652 support structure for traffic lights but does not include a 653 horizontal structure to which signal lights or other traffic 654 control devices are attached and does not include a pole or 655 similar structure 15 feet in height or less unless an authority 656 grants a waiver for such pole. 657 12. “Wireless facility” means equipment at a fixed location 658 which enables wireless communications between user equipment and 659 a communications network, including radio transceivers, 660 antennas, wires, coaxial or fiber-optic cable or other cables, 661 regular and backup power supplies, and comparable equipment, 662 regardless of technological configuration, and equipment 663 associated with wireless communications. The term includes small 664 wireless facilities. The term does not include: 665 a. The structure or improvements on, under, within, or 666 adjacent to the structure on which the equipment is collocated; 667 b. Wireline backhaul facilities; or 668 c. Coaxial or fiber-optic cable that is between wireless 669 structures or utility poles or that is otherwise not immediately 670 adjacent to or directly associated with a particular antenna. 671 13. “Wireless infrastructure provider” means a person who 672 has been certificated under chapter 364 to provide 673 telecommunications servicein the stateor under chapter 610 to 674 provide cable or video services in this state, or that person’s 675 affiliate, and who builds or installs wireless communication 676 transmission equipment, wireless facilities, or wireless support 677 structures but is not a wireless services provider. 678 14. “Wireless provider” means a wireless infrastructure 679 provider or a wireless services provider. 680 15. “Wireless services” means any services provided using 681 licensed or unlicensed spectrum, whether at a fixed location or 682 mobile, using wireless facilities. 683 16. “Wireless services provider” means a person who 684 provides wireless services. 685 17. “Wireless support structure” means a freestanding 686 structure, such as a monopole, a guyed or self-supporting tower, 687 or another existing or proposed structure designed to support or 688 capable of supporting wireless facilities. The term does not 689 include a utility pole, pedestal, or other support structure for 690 ground-based equipment not mounted on a utility pole and less 691 than 10 feet in height. 692 (c) Except as provided in this subsection, an authority may 693 not prohibit, regulate, or charge for the collocation of small 694 wireless facilities in the public rights-of-way or for the 695 installation, maintenance, modification, operation, or 696 replacement of utility poles used for the collocation of small 697 wireless facilities in the public rights-of-way. 698 (d) An authority may require a registration process and 699 permit fees in accordance with subsection (3). An authority 700 shall accept applications for permits and shall process and 701 issue permits subject to the following requirements: 702 1. An authority may not directly or indirectly require an 703 applicant to perform services unrelated to the collocation for 704 which approval is sought, such as in-kind contributions to the 705 authority, including reserving fiber, conduit, or pole space for 706 the authority. 707 2. An applicant may not be required to provide more 708 information to obtain a permit than is necessary to demonstrate 709 the applicant’s compliance with applicable codes for the 710 placement of small wireless facilities in the locations 711 identified in the application. An applicant may not be required 712 to provide inventories, maps, or locations of communications 713 facilities in the right-of-way other than as necessary to avoid 714 interference with other at-grade facilities located at the 715 specific location proposed for a small wireless facility or 716 within 25 feet of such location. 717 3. An authority may not: 718 a. Require the placement of small wireless facilities on 719 any specific utility pole or category of poles;or720 b. Require the placement of multiple antenna systems on a 721 single utility pole; 722 c. Require a demonstration that collocation of a small 723 wireless facility on an existing structure is not legally or 724 technically possible as a condition for granting a permit for 725 the collocation of a small wireless facility on a new utility 726 pole; 727 d. Require compliance with an authority’s provisions 728 regarding placement of small wireless facilities or a new 729 utility pole used to support a small wireless facility in 730 rights-of-way under the control of the department, unless the 731 authority has received a delegation from the department for the 732 location of the small wireless facility or utility pole; or 733 require such compliance as a condition to receive a permit that 734 is ancillary to the permit for collocation of a small wireless 735 facility, including an electrical permit; 736 e. Require a meeting before filing an application; 737 f. Require direct or indirect public notification or a 738 public meeting for the placement of communication facilities in 739 the right-of-way; 740 g. Limit the size or configuration of a small wireless 741 facility or any of its components, if the small wireless 742 facility complies with the size limits in this subsection; 743 h. Prohibit the installation of a new utility pole used to 744 support the collocation of a small wireless facility if the 745 installation otherwise meets the requirements of this 746 subsection; 747 i. Require that any component of a small wireless facility 748 be placed underground; or 749 j. Require that any existing communication facility be 750 placed underground, except as provided in ss. 337.403 and 751 337.404. 752 4. Subject to sub-subparagraph (f)6.b., an authority may 753 not limit the placement, by minimum separation distances, of 754 small wireless facilities, utility poles on which small wireless 755 facilities are or will be collocated, or other at-grade 756 communications facilitiesby minimum separation distances. 757 However, within 14 days after the date of filing the 758 application, an authority may request that the proposed location 759 of a small wireless facility be moved to another location in the 760 right-of-way and placed on an alternative authority utility pole 761 or support structure or placed onmay placea new utility pole. 762 The authority and the applicant may negotiate the alternative 763 location, including any objective design standards and 764 reasonable spacing requirements for ground-based equipment, for 765 30 days after the date of the request. At the conclusion of the 766 negotiation period, if the alternative location is accepted by 767 the applicant, the applicant must notify the authority of such 768 acceptance and the application shall be deemed granted for any 769 new location for which there is agreement and all other 770 locations in the application. If an agreement is not reached, 771 the applicant must notify the authority of such nonagreement and 772 the authority must grant or deny the original application within 773 90 days after the date the application was filed. A request for 774 an alternative location, an acceptance of an alternative 775 location, or a rejection of an alternative location must be in 776 writing and provided by electronic mail. 777 5. An authority shall limit the height of a small wireless 778 facility to 10 feet above the utility pole or structure upon 779 which the small wireless facility is to be collocated. Unless 780 waived by an authority, the height for a new utility pole is 781 limited to the tallest existing utility pole as of July 1, 2017, 782 located in the same right-of-way, other than a utility pole for 783 which a waiver has previously been granted, measured from grade 784 in place within 500 feet of the proposed location of the small 785 wireless facility. If there is no utility pole within 500 feet, 786 the authority shall limit the height of the utility pole to 50 787 feet. 788 6.Except as provided in subparagraphs 4. and 5.,The 789 installation by a communications services provider of a utility 790 pole in the public rights-of-way, other than a utility pole used 791designedto support a small wireless facility, isshall be792 subject to authority rules or regulations governing the 793 placement of utility poles in the public rights-of-way and is 794shall besubject to the application review timeframes in this 795 subsection. 796 7. Within 14 days after receiving an application, an 797 authority must determine and notify the applicant by electronic 798 mail as to whether the application is complete. If an 799 application is deemed incomplete, the authority must 800 specifically identify the missing information. An application is 801 deemed complete if the authority fails to provide notification 802 to the applicant within 14 days. 803 8. An application must be processed on a nondiscriminatory 804 basis. A complete application is deemed approved if an authority 805 fails to approve or deny the application within 60 days after 806 receipt of the application. If an authority does not use the 30 807 day negotiation period provided in subparagraph 4., the parties 808 may mutually agree to extend the 60-day application review 809 period. The authority shall grant or deny the application at the 810 end of the extended period. A permit issued pursuant to an 811 approved application shall remain effective for 1 year unless 812 extended by the authority. 813 9. An authority must notify the applicant of approval or 814 denial by electronic mail. An authority shall approve a complete 815 application unless it does not meet the authority’s applicable 816 codes. If the application is denied, the authority must specify 817 in writing the basis for denial, including the specific code 818 provisions on which the denial was based, and send the 819 documentation to the applicant by electronic mail on the day the 820 authority denies the application. The applicant may cure the 821 deficiencies identified by the authority and resubmit the 822 application within 30 days after notice of the denial is sent to 823 the applicant. The authority shall approve or deny the revised 824 application within 30 days after receipt or the application is 825 deemed approved. The review of a revised application isAny826subsequent review shall belimited to the deficiencies cited in 827 the denial. The availability of any subsequent review by the 828 authority does not bar review of a denial in a court of 829 competent jurisdiction. 830 10. An applicant seeking to collocate small wireless 831 facilities within the jurisdiction of a single authority may, at 832 the applicant’s discretion, file a consolidated application and 833 receive a single permit for the collocation of up to 30 small 834 wireless facilities. If the application includes multiple small 835 wireless facilities, an authority may separately address small 836 wireless facility collocations for which incomplete information 837 has been received or which are denied. 838 11. An authority may deny a proposed collocation of a small 839 wireless facility in the public rights-of-way if the proposed 840 collocation: 841 a. Materially interferes with the safe operation of traffic 842 control equipment. 843 b. Materially interferes with sight lines or clear zones 844 for transportation, pedestrians, or public safety purposes. 845 c. Materially interferes with compliance with the Americans 846 with Disabilities Act or similar federal or state standards 847 regarding pedestrian access or movement. 848 d. Materially fails to comply with the 2010 edition of the 849 Florida Department of Transportation Utility Accommodation 850 Manual. 851 e. Fails to comply with applicable codes. 852 f. Fails to comply with objective design standards 853 authorized under subparagraph (f)6. 854 12. An authority may adopt by ordinance provisions for 855 insurance coverage, indemnification,performance bonds, security856funds,force majeure, abandonment, authority liability, or 857 authority warranties. Such provisions must be reasonable and 858 nondiscriminatory. An authority may require a construction bond 859 to secure restoration of the postconstruction rights-of-way to 860 its preconstruction condition. However, such bond must be time 861 limited to no more than 1 year after the construction to which 862 the bond applies is completed. For any financial obligation 863 required by an authority allowed under this section, the 864 authority shall accept a letter of credit or similar financial 865 instrument issued by any financial institution that is 866 authorized to do business within the United States, provided 867 that a claim against the financial instrument may be made by 868 electronic means, including by facsimile. A provider of 869 communications services may add an authority to any existing 870 bond, insurance policy, or other relevant financial instrument, 871 and the authority must accept such proof of coverage without any 872 conditions. An authority may not require a communications 873 services provider to indemnify it for liabilities not caused by 874 the provider, including liabilities arising from the authority’s 875 negligence, gross negligence, or willful conduct. 876 13. Collocation of a small wireless facility on an 877 authority utility pole does not provide the basis for the 878 imposition of an ad valorem tax on the authority utility pole. 879 14. An authority may reserve space on authority utility 880 poles for future public safety uses. However, a reservation of 881 space may not preclude collocation of a small wireless facility. 882 If replacement of the authority utility pole is necessary to 883 accommodate the collocation of the small wireless facility and 884 the future public safety use, the pole replacement is subject to 885 make-ready provisions and the replaced pole shall accommodate 886 the future public safety use. 887 15. A structure granted a permit and installed pursuant to 888 this subsection shall comply with chapter 333 and federal 889 regulations pertaining to airport airspace protections. 890 (e) An authority may not require any permit or other 891 approval or require fees,or othercharges, costs, or other 892 exactions for: 893 1. Routine maintenance or repair work, including, but not 894 limited to, emergency repairs of existing facilities, or 895 extensions of such facilities, for providing communications 896 services to customers; 897 2. Replacement of existing wireless facilities with 898 wireless facilities that are substantially similar or of the 899 same or smaller size; or 900 3. Installation, placement, maintenance, or replacement of 901 micro wireless facilities that are suspended on cables strung 902 between existing utility poles in compliance with applicable 903 codes by or for a communications services provider authorized to 904 occupy the rights-of-way and who is remitting taxes under 905 chapter 202. An authority may require an initial letter from or 906 on behalf of such provider, which is effective upon filing, 907 attesting that the micro wireless facility dimensions comply 908 with the limits of this subsection. The authority may not 909 require any additional filing or other information as long as 910 the provider is deploying the same, a substantially similar, or 911 a smaller size micro wireless facility equipment. 912 913 Notwithstanding this paragraph, an authority may require a 914 right-of-way permit for work that involves excavation, closure 915 of a sidewalk, or closure of a vehicular lane unless the 916 provider is making emergency restoration or repair work to 917 existing facilities. 918 (f) Collocation of small wireless facilities on authority 919 utility poles is subject to the following requirements: 920 1. An authority may not enter into an exclusive arrangement 921 with any person for the right to attach equipment to authority 922 utility poles. 923 2. The rates and fees for collocations on authority utility 924 poles must be nondiscriminatory, regardless of the services 925 provided by the collocating person. 926 3. The rate to collocate small wireless facilities on an 927 authority utility pole may not exceed $150 per pole annually. 928 4. Agreements between authorities and wireless providers 929 that are in effect on July 1, 2017, and that relate to the 930 collocation of small wireless facilities in the right-of-way, 931 including the collocation of small wireless facilities on 932 authority utility poles, remain in effect, subject to applicable 933 termination provisions. The wireless provider may accept the 934 rates, fees, and terms established under this subsection for 935 small wireless facilities and utility poles that are the subject 936 of an application submitted after the rates, fees, and terms 937 become effective. 938 5. A person owning or controlling an authority utility pole 939 shall offer rates, fees, and other terms that comply with this 940 subsection. By the later of January 1, 2018, or 3 months after 941 receiving a request to collocate its first small wireless 942 facility on a utility pole owned or controlled by an authority, 943 the person owning or controlling the authority utility pole 944 shall make available, through ordinance or otherwise, rates, 945 fees, and terms for the collocation of small wireless facilities 946 on the authority utility pole which comply with this subsection. 947 a. The rates, fees, and terms must be nondiscriminatory and 948 competitively neutral and must comply with this subsection. 949 b. For an authority utility pole that supports an aerial 950 facility used to provide communications services or electric 951 service, the parties shall comply with the process for make 952 ready work under 47 U.S.C. s. 224 and implementing regulations. 953 The good faith estimate of the person owning or controlling the 954 pole for any make-ready work necessary to enable the pole to 955 support the requested collocation must include pole replacement 956 if necessary. 957 c. For an authority utility pole that does not support an 958 aerial facility used to provide communications services or 959 electric service, the authority shall provide a good faith 960 estimate for any make-ready work necessary to enable the pole to 961 support the requested collocation, including necessary pole 962 replacement, within 60 days after receipt of a complete 963 application. Make-ready work, including any pole replacement, 964 must be completed within 60 days after written acceptance of the 965 good faith estimate by the applicant. Alternatively, an 966 authority may require the applicant seeking to collocate a small 967 wireless facility to provide a make-ready estimate at the 968 applicant’s expense for the work necessary to support the small 969 wireless facility, including pole replacement, and perform the 970 make-ready work. If pole replacement is required, the scope of 971 the make-ready estimate is limited to the design, fabrication, 972 and installation of a utility pole that is substantially similar 973 in color and composition. The authority may not condition or 974 restrict the manner in which the applicant obtains, develops, or 975 provides the estimate or conducts the make-ready work subject to 976 usual construction restoration standards for work in the right 977 of-way. The replaced or altered utility pole shall remain the 978 property of the authority. 979 d. An authority may not require more make-ready work than 980 is required to meet applicable codes or industry standards. Fees 981 for make-ready work may not include costs related to preexisting 982 damage or prior noncompliance. Fees for make-ready work, 983 including any pole replacement, may not exceed actual costs or 984 the amount charged to communications services providers other 985 than wireless services providers for similar work and may not 986 include any consultant fee or expense. 987 6. An authority may require wireless providers to comply 988 with objective design standards adopted by ordinance. The 989 ordinance may require: 990 a. A new utility pole that replaces an existing utility 991 pole to be of substantially similar design, material, and color; 992 b. Reasonable spacing requirements concerning the location 993 of a ground-mounted component of a small wireless facility which 994 does not exceed 15 feet from the associated support structure; 995 or 996 c. A small wireless facility to meet reasonable location 997 context, color, camouflage, and concealment requirements, 998 subject to the limitations in this subsection. 999 1000 Such design standards under this subparagraph may be waived by 1001 the authority upon a showing that the design standards are not 1002 reasonably compatible for the particular location of a small 1003 wireless facility or are technically infeasible or that the 1004 design standards impose an excessive expense. The waiver must be 1005 granted or denied within 45 days after the date of the request. 1006 (g) For any applications filed before the effective date of 1007 ordinances implementing this subsection, an authority may apply 1008 current ordinances relating to placement of communications 1009 facilities in the right-of-way related to registration, 1010 permitting, insurance coverage, indemnification,performance1011bonds, security funds,force majeure, abandonment, authority 1012 liability, or authority warranties. Permit application 1013 requirements and small wireless facility placement requirements, 1014 including utility pole height limits, that conflict with this 1015 subsection mustshallbe waived by the authority. An authority 1016 may not institute, either expressly or de facto, a moratorium, 1017 zoning-in-progress, or other mechanism that would prohibit or 1018 delay the filing, receiving, or processing of registrations, 1019 applications, or issuing of permits or other approvals for the 1020 collocation of small wireless facilities or the installation, 1021 modification, or replacement of utility poles used to support 1022 the collocation of small wireless facilities. 1023(i) A wireless provider shall, in relation to a small1024wireless facility, utility pole, or wireless support structure1025in the public rights-of-way, comply with nondiscriminatory1026undergrounding requirements of an authority that prohibit above1027ground structures in public rights-of-way. Any such requirements1028may be waived by the authority.1029 (8)(a) Any person aggrieved by a violation of this section 1030 may bring a civil action in a United States District Court or in 1031 any other court of competent jurisdiction. 1032 (b) The court may: 1033 1. Grant temporary or permanent injunctions on terms as it 1034 may deem reasonable to prevent or restrain violations of this 1035 section; and 1036 2. Direct the recovery of full costs, including awarding 1037 reasonable attorney fees, to the party who prevails. 1038 Section 3. This act shall take effect July 1, 2019.