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 CS for SB 1000 By the Committees on Appropriations; Community Affairs; and Innovation, Industry, and Technology; and Senator Hutson 576-04626-19 20191000c3 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 service providers; 8 authorizing municipalities and counties to require 9 certain information as part of a registration; 10 prohibiting municipalities and counties from requiring 11 a payment of fees, costs, or charges for provider 12 registration or renewal; prohibiting municipalities 13 and counties from adopting or enforcing certain 14 ordinances, regulations, or requirements; specifying 15 limitations on municipal and county authority to 16 regulate and manage municipal and county roads or 17 rights-of-way; prohibiting certain municipalities and 18 counties from electing to impose permit fees; 19 providing retroactive applicability; authorizing 20 certain municipalities and counties to continue to 21 require and collect such fees; deleting obsolete 22 provisions; specifying activities for which permit 23 fees may not be imposed; deleting certain provisions 24 relating to municipality, charter county, and 25 noncharter county elections to impose, or not to 26 impose, permit fees; requiring that enforcement of 27 certain ordinances must be suspended until certain 28 conditions are met; revising legislative intent 29 relating to the imposition of certain fees, costs, and 30 exactions on providers; specifying a condition for 31 certain in-kind compensation; revising items over 32 which municipalities and counties may not exercise 33 regulatory control; authorizing municipalities and 34 counties to require a right-of-way permit for certain 35 purposes; providing requirements for processing 36 certain permit applications; prohibiting 37 municipalities and counties from certain actions 38 relating to certain aerial or underground 39 communications facilities; specifying limitations and 40 requirements for certain municipal and county rules 41 and regulations; revising definitions for the Advanced 42 Wireless Infrastructure Deployment Act; prohibiting 43 certain actions by an authority relating to certain 44 utility poles; prohibiting authorities from requiring 45 permit applicants to provide certain information, 46 except under certain circumstances; adding prohibited 47 acts by authorities relating to small wireless 48 facilities, application requirements, public 49 notification and public meetings, and the placement of 50 certain facilities; revising applicability of 51 authority rules and regulations governing the 52 placement of utility poles in the public rights-of 53 way; providing construction relating to judicial 54 review of certain application denials; specifying 55 grounds for an authority’s denial of a proposed 56 collocation of a small wireless facility or placement 57 of a utility pole in the public rights-of-way; 58 deleting an authority’s authorization to adopt 59 ordinances for performance bonds and security funds; 60 authorizing an authority to require a construction 61 bond, subject to certain conditions; requiring 62 authorities to accept certain financial instruments 63 for certain financial obligations; authorizing 64 providers to add authorities to certain financial 65 instruments; prohibiting an authority from requiring a 66 provider to indemnify an authority for certain 67 liabilities; prohibiting an authority from requiring a 68 permit, approval, fees, charges, costs, or exactions 69 for certain activities; authorizing and limiting 70 filings an authority may require relating to micro 71 wireless facility equipment; providing an exception to 72 a certain right-of-way permit for certain service 73 restoration work; providing conditions under which a 74 wireless provider must comply with certain 75 requirements of an authority which prohibit new 76 utility poles used to support small wireless 77 facilities in certain areas; providing that an 78 authority may require wireless providers to comply 79 with certain objective design standards adopted by 80 ordinance; authorizing an authority to waive such 81 design standards under certain circumstances; 82 providing a requirement for the waiver; revising an 83 authority’s authorization to apply certain ordinances 84 to applications filed before a certain timeframe; 85 authorizing a civil action for violations; providing 86 actions a court may take; requiring that work in 87 certain authority rights-of-way must comply with a 88 specified document; providing for statutory 89 construction; providing an effective date. 90 91 Be It Enacted by the Legislature of the State of Florida: 92 93 Section 1. Paragraph (b) of subsection (2) of section 94 202.20, Florida Statutes, is amended to read: 95 202.20 Local communications services tax conversion rates.— 96 (2) 97 (b) Except as otherwise provided in this subsection, 98 “replaced revenue sources,” as used in this section, means the 99 following taxes, charges, fees, or other impositions to the 100 extent that the respective local taxing jurisdictions were 101 authorized to impose them prior to July 1, 2000. 102 1. With respect to municipalities and charter counties and 103 the taxes authorized by s. 202.19(1): 104 a. The public service tax on telecommunications authorized 105 by former s. 166.231(9). 106 b. Franchise fees on cable service providers as authorized 107 by 47 U.S.C. s. 542. 108 c. The public service tax on prepaid calling arrangements. 109 d. Franchise fees on dealers of communications services 110 which use the public roads or rights-of-way, up to the limit set 111 forth in s. 337.401. For purposes of calculating rates under 112 this section, it is the legislative intent that charter counties 113 be treated as having had the same authority as municipalities to 114 impose franchise fees on recurring local telecommunication 115 service revenues prior to July 1, 2000. However, the Legislature 116 recognizes that the authority of charter counties to impose such 117 fees is in dispute, and the treatment provided in this section 118 is not an expression of legislative intent that charter counties 119 actually do or do not possess such authority. 120 e. Actual permit fees relating to placing or maintaining 121 facilities in or on public roads or rights-of-way, collected 122 from providers of long-distance, cable, and mobile 123 communications services for the fiscal year ending September 30, 124 1999; however, if a municipality or charter county elects the 125 option to charge permit fees pursuant to s. 337.401(3)(c) 126337.401(3)(c)1.a., such fees shall not be included as a replaced 127 revenue source. 128 2. With respect to all other counties and the taxes 129 authorized in s. 202.19(1), franchise fees on cable service 130 providers as authorized by 47 U.S.C. s. 542. 131 Section 2. Subsection (3), paragraphs (d), (e), and (f) of 132 subsection (6), and paragraphs (b), (c), (d), (e), (f), (g), and 133 (i) of subsection (7) of section 337.401, Florida Statutes, are 134 amended, paragraph (r) is added to subsection (7), and 135 subsections (8) and (9) are added to that section, to read: 136 337.401 Use of right-of-way for utilities subject to 137 regulation; permit; fees.— 138 (3)(a) Because of the unique circumstances applicable to 139 providers of communications services, including, but not limited 140 to, the circumstances described in paragraph (e) and the fact 141 that federal and state law require the nondiscriminatory 142 treatment of providers of telecommunications services, and 143 because of the desire to promote competition among providers of 144 communications services, it is the intent of the Legislature 145 that municipalities and counties treat providers of 146 communications services in a nondiscriminatory and competitively 147 neutral manner when imposing rules or regulations governing the 148 placement or maintenance of communications facilities in the 149 public roads or rights-of-way. Rules or regulations imposed by a 150 municipality or county relating to providers of communications 151 services placing or maintaining communications facilities in its 152 roads or rights-of-way must be generally applicable to all 153 providers of communications services, taking into account the 154 distinct engineering, construction, operation, maintenance, 155 public works, and safety requirements of the provider’s 156 facilities, and, notwithstanding any other law, may not require 157 a provider of communications services to apply for or enter into 158 an individual license, franchise, or other agreement with the 159 municipality or county as a condition of placing or maintaining 160 communications facilities in its roads or rights-of-way. In 161 addition to other reasonable rules or regulations that a 162 municipality or county may adopt relating to the placement or 163 maintenance of communications facilities in its roads or rights 164 of-way under this subsection or subsection (7), a municipality 165 or county may require a provider of communications services that 166 places or seeks to place facilities in its roads or rights-of 167 way to register with the municipality or county. To register, a 168 provider of communications services may be required only to 169 provide its nameand to provide the name of the registrant; the 170 name, address, and telephone number of a contact person for the 171 registrant; the number of the registrant’s current certificate 172 of authorization issued by the Florida Public Service 173 Commission, the Federal Communications Commission, or the 174 Department of State; a statement of whether the registrant is a 175 pass-through provider as defined in s. 337.401(6)(a)1.; the 176 registrant’s federal employer identification number; and any 177 required proof of insurance or self-insuring status adequate to 178 defend and cover claims. A municipality or county may not 179 require a registrant to renew a registration more frequently 180 than every 5 years but may require during this period that a 181 registrant update the registration information provided under 182 this subsection within 90 days after a change in such 183 information. A municipality or county may not require the 184 registrant to provide an inventory of communications facilities, 185 maps, locations of such facilities, or other information by a 186 registrant as a condition of registration, renewal, or for any 187 other purpose; provided, however, that a municipality or county 188 may require as part of a permit application that the applicant 189 identify at-grade communications facilities within 50 feet of 190 the proposed installation location for the placement of at-grade 191 communications facilities. A municipality or county may not 192 require a provider to pay any fee, cost, or other charge for 193 registration or renewal thereof. It is the intent of the 194 Legislature that the placement, operation, maintenance, 195 upgrading, and extension of communications facilities not be 196 unreasonably interrupted or delayed through the permitting or 197 other local regulatory process. Except as provided in this 198 chapter or otherwise expressly authorized by chapter 202, 199 chapter 364, or chapter 610, a municipality or county may not 200 adopt or enforce any ordinance, regulation, or requirement as to 201 the placement or operation of communications facilities in a 202 right-of-way by a communications services provider authorized by 203 state or local law to operate in a right-of-way; regulate any 204 communications services; or impose or collect any tax, fee, 205 cost, charge, or exaction for the provision of communications 206 services over the communications services provider’s 207 communications facilities in a right-of-way. 208 (b) Registration described in paragraph (a) does not 209 establish a right to place or maintain, or priority for the 210 placement or maintenance of, a communications facility in roads 211 or rights-of-way of a municipality or county. Each municipality 212 and county retains the authority to regulate and manage 213 municipal and county roads or rights-of-way in exercising its 214 police power, subject to the limitations imposed in this section 215 and chapters 202 and 610. Any rules or regulations adopted by a 216 municipality or county which govern the occupation of its roads 217 or rights-of-way by providers of communications services must be 218 related to the placement or maintenance of facilities in such 219 roads or rights-of-way, must be reasonable and 220 nondiscriminatory, and may include only those matters necessary 221 to manage the roads or rights-of-way of the municipality or 222 county. 223 (c) Any municipality or county that, as of January 1, 2019, 224 elected to require permit fees from any provider of 225 communications services that uses or occupies municipal or 226 county roads or rights-of-way pursuant to former paragraph (c) 227 or paragraph (j), Florida Statutes 2018, may continue to require 228 and collect such fees. A municipality or county that elected as 229 of January 1, 2019, to require permit fees may elect to forego 230 such fees as provided herein. A municipality or county that 231 elected as of January 1, 2019, not to require permit fees may 232 not elect to impose permit fees. 2331.It is the intention of the state to treat all providers234of communications services that use or occupy municipal or235charter county roads or rights-of-way for the provision of236communications services in a nondiscriminatory and competitively237neutral manner with respect to the payment of permit fees.238Certain providers of communications services have been granted239by general law the authority to offset permit fees against240franchise or other fees while other providers of communications241services have not been granted this authority. In order to treat242all providers of communications services in a nondiscriminatory243and competitively neutral manner with respect to the payment of244permit fees, each municipality and charter county shall make an245election under either sub-subparagraph a. or sub-subparagraph b.246and must inform the Department of Revenue of the election by247certified mail by July 16, 2001. Such election shall take effect248October 1, 2001.249a.(I)The municipality or charter county may require and250collect permit fees from any providers of communications251services that use or occupy municipal or county roads or rights252of-way.All fees authorizedpermittedunder this paragraphsub253subparagraphmust be reasonable and commensurate with the direct 254 and actual cost of the regulatory activity, including issuing 255 and processing permits, plan reviews, physical inspection, and 256 direct administrative costs; must be demonstrable; and must be 257 equitable among users of the roads or rights-of-way. A fee 258 authorizedpermittedunder this paragraphsub-subparagraphmay 259 not:be offset against the tax imposed under chapter 202; 260 include the costs of roads or rights-of-way acquisition or roads 261 or rights-of-way rental; include any general administrative, 262 management, or maintenance costs of the roads or rights-of-way; 263 or be based on a percentage of the value or costs associated 264 with the work to be performed on the roads or rights-of-way. In 265 an action to recover amounts due for a fee not authorized 266permittedunder this paragraphsub-subparagraph, the prevailing 267 party may recover court costs and attorneyattorney’sfees at 268 trial and on appeal. In addition to the limitations set forth in 269 this section, a fee levied by a municipality or charter county 270 under this paragraphsub-subparagraphmay not exceed $100. 271 However, permit fees may not be imposed with respect to permits 272 that may be required for service drop lines not required to be 273 noticed under s. 556.108(5)s. 556.108(5)(a)2.or for any 274 activity that does not require the physical disturbance of the 275 roads or rights-of-way or does not impair access to or full use 276 of the roads or rights-of-way, including, but not limited to, 277 the performance of service restoration work on existing 278 facilities, extensions of such facilities for providing 279 communications services to customers, and the placement of micro 280 wireless facilities in accordance with subparagraph (7)(e)3. 281(II)To ensure competitive neutrality among providers of282communications services, for any municipality or charter county283that elects to exercise its authority to require and collect284permit fees under this sub-subparagraph, the rate of the local285communications services tax imposed by such jurisdiction, as286computed under s. 202.20, shall automatically be reduced by a287rate of 0.12 percent.288b.Alternatively, the municipality or charter county may289elect not to require and collect permit fees from any provider290of communications services that uses or occupies municipal or291charter county roads or rights-of-way for the provision of292communications services; however, each municipality or charter293county that elects to operate under this sub-subparagraph294retains all authority to establish rules and regulations for295providers of communications services to use or occupy roads or296rights-of-way as provided in this section.297 1. If a municipality or charter county elects to not 298 require permit feesoperate under this sub-subparagraph, the 299 total rate for the local communications services tax as computed 300 under s. 202.20 for that municipality or charter county may be 301 increased by ordinance or resolution by an amount not to exceed 302 a rate of 0.12 percent.If a municipality or charter county303elects to increase its rate effective October 1, 2001, the304municipality or charter county shall inform the department of305such increased rate by certified mail postmarked on or before306July 16, 2001.307c.A municipality or charter county that does not make an308election as provided for in this subparagraph shall be presumed309to have elected to operate under the provisions of sub310subparagraph b.3112.Each noncharter county shall make an election under312either sub-subparagraph a. or sub-subparagraph b. and shall313inform the Department of Revenue of the election by certified314mail by July 16, 2001. Such election shall take effect October3151, 2001.316a.The noncharter county may elect to require and collect317permit fees from any providers of communications services that318use or occupy noncharter county roads or rights-of-way. All fees319permitted under this sub-subparagraph must be reasonable and320commensurate with the direct and actual cost of the regulatory321activity, including issuing and processing permits, plan322reviews, physical inspection, and direct administrative costs;323must be demonstrable; and must be equitable among users of the324roads or rights-of-way. A fee permitted under this sub325subparagraph may not: be offset against the tax imposed under326chapter 202; include the costs of roads or rights-of-way327acquisition or roads or rights-of-way rental; include any328general administrative, management, or maintenance costs of the329roads or rights-of-way; or be based on a percentage of the value330or costs associated with the work to be performed on the roads331or rights-of-way. In an action to recover amounts due for a fee332not permitted under this sub-subparagraph, the prevailing party333may recover court costs and attorney’s fees at trial and on334appeal. In addition to the limitations set forth in this335section, a fee levied by a noncharter county under this sub336subparagraph may not exceed $100. However, permit fees may not337be imposed with respect to permits that may be required for338service drop lines not required to be noticed under s.339556.108(5)(a)2. or for any activity that does not require the340physical disturbance of the roads or rights-of-way or does not341impair access to or full use of the roads or rights-of-way.342b.Alternatively, the noncharter county may elect not to343require and collect permit fees from any provider of344communications services that uses or occupies noncharter county345roads or rights-of-way for the provision of communications346services; however, each noncharter county that elects to operate347under this sub-subparagraph shall retain all authority to348establish rules and regulations for providers of communications349services to use or occupy roads or rights-of-way as provided in350this section.351 2. If a noncharter county elects to not require permit fees 352operate under this sub-subparagraph, the total rate for the 353 local communications services tax as computed under s. 202.20 354 for that noncharter county may be increased by ordinance or 355 resolution by an amount not to exceed a rate of 0.24 percent, to 356 replace the revenue the noncharter county would otherwise have 357 received from permit fees for providers of communications 358 services.If a noncharter county elects to increase its rate359effective October 1, 2001, the noncharter county shall inform360the department of such increased rate by certified mail361postmarked on or before July 16, 2001.362c.A noncharter county that does not make an election as363provided for in this subparagraph shall be presumed to have364elected to operate under the provisions of sub-subparagraph b.3653.Except as provided in this paragraph, municipalities and366counties retain all existing authority to require and collect367permit fees from users or occupants of municipal or county roads368or rights-of-way and to set appropriate permit fee amounts.369 (d)After January 1, 2001,In addition to any other notice 370 requirements, a municipality must provide to the Secretary of 371 State, at least 10 days prior to consideration on first reading, 372 notice of a proposed ordinance governing a telecommunications 373 company placing or maintaining telecommunications facilities in 374 its roads or rights-of-way.After January 1, 2001,In addition 375 to any other notice requirements, a county must provide to the 376 Secretary of State, at least 15 days prior to consideration at a 377 public hearing, notice of a proposed ordinance governing a 378 telecommunications company placing or maintaining 379 telecommunications facilities in its roads or rights-of-way. The 380 notice required by this paragraph must be published by the 381 Secretary of State on a designated Internet website. The failure 382 of a municipality or county to provide such notice does not 383 render the ordinance invalid, provided that enforcement of such 384 ordinance must be suspended until 30 days after the municipality 385 or county provides the required notice. 386 (e) The authority of municipalities and counties to require 387 franchise fees from providers of communications services, with 388 respect to the provision of communications services, is 389 specifically preempted by the state because of unique 390 circumstances applicable to providers of communications services 391 when compared to other utilities occupying municipal or county 392 roads or rights-of-way. Providers of communications services may 393 provide similar services in a manner that requires the placement 394 of facilities in municipal or county roads or rights-of-way or 395 in a manner that does not require the placement of facilities in 396 such roads or rights-of-way. Although similar communications 397 services may be provided by different means, the state desires 398 to treat providers of communications services in a 399 nondiscriminatory manner and to have the taxes, franchise fees, 400 and other fees, costs, and financial or regulatory exactions 401 paid by or imposed on providers of communications services be 402 competitively neutral. Municipalities and counties retain all 403 existing authority, if any, to collect franchise fees from users 404 or occupants of municipal or county roads or rights-of-way other 405 than providers of communications services, and the provisions of 406 this subsection shall have no effect upon this authority. The 407 provisions of this subsection do not restrict the authority, if 408 any, of municipalities or counties or other governmental 409 entities to receive reasonable rental fees based on fair market 410 value for the use of public lands and buildings on property 411 outside the public roads or rights-of-way for the placement of 412 communications antennas and towers. 413 (f) Except as expressly allowed or authorized by general 414 law and except for the rights-of-way permit fees subject to 415 paragraph (c), a municipality or county may not levy on a 416 provider of communications services a tax, fee, or other charge 417 or imposition for operating as a provider of communications 418 services within the jurisdiction of the municipality or county 419 which is in any way related to using its roads or rights-of-way. 420 A municipality or county may not require or solicit in-kind 421 compensation, except as otherwise provided in s. 202.24(2)(c)8., 422 provided that the in-kind compensation is not a franchise fee 423 under federal law. Nothing in this paragraph impairs the 424 authority of a municipality or county to request public, 425 educational, or governmental access channels pursuant toors. 426 610.109. Nothing in this paragraph shall impair any ordinance or 427 agreement in effect on May 22, 1998, or any voluntary agreement 428 entered into subsequent to that date, which provides for or 429 allows in-kind compensation by a telecommunications company. 430 (g) A municipality or county may not use its authority over 431 the placement of facilities in its roads and rights-of-way as a 432 basis for asserting or exercising regulatory control over a 433 provider of communications services regarding matters within the 434 exclusive jurisdiction of the Florida Public Service Commission 435 or the Federal Communications Commission, including, but not 436 limited to, the operations, systems, equipment, technology, 437 qualifications, services, service quality, service territory, 438 and prices of a provider of communications services. A 439 municipality or county may not require any permit for the 440 maintenance, repair, replacement, extension, or upgrade of 441 existing aerial wireline communications facilities on utility 442 poles or for aerial wireline facilities between existing 443 wireline communications facility attachments on utility poles by 444 a communications services provider. However, a municipality or 445 county may require a right-of-way permit for work that involves 446 excavation, closure of a sidewalk, or closure of a vehicular 447 lane or parking lane, unless the provider is performing service 448 restoration to existing facilities. A permit application 449 required by an authority under this section for the placement of 450 communications facilities must be processed and acted upon 451 consistent with the timeframes provided in subparagraphs 452 (7)(d)7., 8., and 9. In addition, a municipality or county may 453 not require any permit or other approval, fee, charge, or cost, 454 or other exaction for the maintenance, repair, replacement, 455 extension, or upgrade of existing aerial lines or underground 456 communications facilities located on private property outside of 457 the public rights-of-way. As used in this section, the term 458 “extension of existing facilities” includes those extensions 459 from the rights of way into a customer’s private property for 460 purposes of placing a service drop or those extensions from the 461 rights of way into a utility easement to provide service to a 462 discrete identifiable customer or group of customers. 463 (h) A provider of communications services that has obtained 464 permission to occupy the roads or rights-of-way of an 465 incorporated municipality pursuant to s. 362.01 or that is 466 otherwise lawfully occupying the roads or rights-of-way of a 467 municipality or county shall not be required to obtain consent 468 to continue such lawful occupation of those roads or rights-of 469 way; however, nothing in this paragraph shall be interpreted to 470 limit the power of a municipality or county to adopt or enforce 471 reasonable rules or regulations as provided in this section and 472 consistent with chapters 202, 364, and 610. Any such rules or 473 regulations must be in writing, and registered providers of 474 communications services in the municipality or county must be 475 given at least 60 days advance written notice of any changes to 476 the rules and regulations. 477 (i) Except as expressly provided in this section, this 478 section does not modify the authority of municipalities and 479 counties to levy the tax authorized in chapter 202 or the duties 480 of providers of communications services under ss. 337.402 481 337.404. This section does not apply to building permits, pole 482 attachments, or private roads, private easements, and private 483 rights-of-way. 484 (j)Pursuant to this paragraph, any county or municipality485may by ordinance change either its election made on or before486July 16, 2001, under paragraph (c) or an election made under487this paragraph.4881.a.If a municipality or charter county changes its489election under this paragraph in order to exercise its authority490to require and collect permit fees in accordance with this491subsection, the rate of the local communications services tax492imposed by such jurisdiction pursuant to ss. 202.19 and 202.20493shall automatically be reduced by the sum of 0.12 percent plus494the percentage, if any, by which such rate was increased495pursuant to sub-subparagraph (c)1.b.496b.If a municipality or charter county changes its election497under this paragraph in order to discontinue requiring and498collecting permit fees, the rate of the local communications499services tax imposed by such jurisdiction pursuant to ss. 202.19500and 202.20 may be increased by ordinance or resolution by an501amount not to exceed 0.24 percent.5022.a.If a noncharter county changes its election under this503paragraph in order to exercise its authority to require and504collect permit fees in accordance with this subsection, the rate505of the local communications services tax imposed by such506jurisdiction pursuant to ss. 202.19 and 202.20 shall507automatically be reduced by the percentage, if any, by which508such rate was increased pursuant to sub-subparagraph (c)2.b.509b.If a noncharter county changes its election under this510paragraph in order to discontinue requiring and collecting511permit fees, the rate of the local communications services tax512imposed by such jurisdiction pursuant to ss. 202.19 and 202.20513may be increased by ordinance or resolution by an amount not to514exceed 0.24 percent.5153.a.Any change of election pursuant to this paragraph and516any tax rate change resulting from such change of election shall517be subject to the notice requirements of s. 202.21; however, no518such change of election shall become effective prior to January5191, 2003.520b.Any county or municipality changing its election under521this paragraph in order to exercise its authority to require and522collect permit fees shall, in addition to complying with the523notice requirements under s. 202.21, provide to all dealers524providing communications services in such jurisdiction written525notice of such change of election by September 1 immediately526preceding the January 1 on which such change of election becomes527effective. For purposes of this sub-subparagraph, dealers528providing communications services in such jurisdiction shall529include every dealer reporting tax to such jurisdiction pursuant530to s. 202.37 on the return required under s. 202.27 to be filed531on or before the 20th day of May immediately preceding the532January 1 on which such change of election becomes effective.533(k)Notwithstanding the provisions of s. 202.19, when a 534 local communications services tax rate is changed as a result of 535 an election made or changed under this subsection, such rate may 536shallnot be rounded to tenths. 537 (6) 538 (d) The amounts charged pursuant to this subsection shall 539 be based on the linear miles of roads or rights-of-way where a 540 communications facility is placed, not based on a summation of 541 the lengths of individual cables, conduits, strands, or fibers. 542 The amounts referenced in this subsection may be charged only 543 once annually and only to one person annually for any 544 communications facility. A municipality or county shall 545 discontinue charging such amounts to a person that has ceased to 546 be a pass-through provider. Any annual amounts charged shall be 547 reduced for a prorated portion of any 12-month period during 548 which the person remits taxes imposed by the municipality or 549 county pursuant to chapter 202. Any excess amounts paid to a 550 municipality or county shall be refunded to the person upon 551 written notice of the excess to the municipality or county. A 552 municipality or county may require a pass-through provider to 553 provide an annual notarized statement identifying the total 554 number of linear miles of pass-through facilities in the 555 municipality’s or county’s rights-of-way. Upon request from a 556 municipality or county, a pass-through provider must provide 557 reasonable access to maps of pass-through facilities located in 558 the rights-of-way of the municipality or county making the 559 request. The scope of the request must be limited to only those 560 maps of pass-through facilities from which the calculation of 561 the linear miles of pass-through facilities in the rights-of-way 562 can be determined. The request must be accompanied by an 563 affidavit that the person making the request is authorized by 564 the municipality or county to review tax information related to 565 the revenue and mileage calculations for pass-through providers. 566 A request may not be made more than once annually to a pass 567 through provider. 568 (e) This subsection does not alter any provision of this 569 section or s. 202.24 relating to taxes, fees, or other charges 570 or impositions by a municipality or county on a dealer of 571 communications services or authorize that any charges be 572 assessed on a dealer of communications services, except as 573 specifically set forth herein. A municipality or county may not 574 charge a pass-through provider any amounts other than the 575 charges under this subsection as a condition to the placement or 576 maintenance of a communications facility in the roads or rights 577 of-way of a municipality or county by a pass-through provider, 578 except that a municipality or county may impose permit fees on a 579 pass-through provider consistent with paragraph (3)(c)if the580municipality or county elects to exercise its authority to581collect permit fees under paragraph (3)(c). 582 (f) The charges under this subsection do not apply to 583 communications facilities placed in a municipality’s or county’s 584 rights-of-way prior to the effective date of this subsection 585 with permission from the municipality or county, if any was 586 required, except to the extent the facilities of a pass-through 587 provider were subject to per linear foot or mile charges in 588 effect as of October 1, 2001, in which case the municipality or 589 county may only impose on a pass-through provider charges 590 consistent with paragraph (b) or paragraph (c) for such 591 facilities. Notwithstanding the foregoing, this subsection does 592 not impair any written agreement between a pass-through provider 593 and a municipality or county imposing per linear foot or mile 594 charges for communications facilities placed in municipal or 595 county roads or rights-of-way that is in effect prior to the 596 effective date of this subsection. Upon the termination or 597 expiration of any such written agreement, any charges imposed 598 mustshallbe consistent with this sectionparagraph (b) or599paragraph (c). Notwithstanding the foregoing, until October 1,6002005, this subsection shall not affect a municipality or county601continuing to impose charges in excess of the charges authorized602in this subsection on facilities of a pass-through provider that603is not a dealer of communications services in the state under604chapter 202, but only to the extent such charges were imposed by605municipal or county ordinance or resolution adopted prior to606February 1, 2002. Effective October 1, 2005, any charges imposed607shall be consistent with paragraph (b) or paragraph (c). 608 (7) 609 (b) As used in this subsection, the term: 610 1. “Antenna” means communications equipment that transmits 611 or receives electromagnetic radio frequency signals used in 612 providing wireless services. 613 2. “Applicable codes” means uniform building, fire, 614 electrical, plumbing, or mechanical codes adopted by a 615 recognized national code organization or local amendments to 616 those codes enacted solely to address threats of destruction of 617 property or injury to persons, and includes the National 618 Electric Safety Code and the 2017 edition of the Florida 619 Department of Transportation Utility Accommodation Manualor620local codes or ordinances adopted to implement this subsection.621The term includes objective design standards adopted by622ordinance that may require a new utility pole that replaces an623existing utility pole to be of substantially similar design,624material, and color or that may require reasonable spacing625requirements concerning the location of ground-mounted626equipment. The term includes objective design standards adopted627by ordinance that may require a small wireless facility to meet628reasonable location context, color, stealth, and concealment629requirements; however, such design standards may be waived by630the authority upon a showing that the design standards are not631reasonably compatible for the particular location of a small632wireless facility or that the design standards impose an633excessive expense. The waiver shall be granted or denied within63445 days after the date of the request. 635 3. “Applicant” means a person who submits an application 636 and is a wireless provider. 637 4. “Application” means a request submitted by an applicant 638 to an authority for a permit to collocate small wireless 639 facilities or to place a new utility pole used to support a 640 small wireless facility. 641 5. “Authority” means a county or municipality having 642 jurisdiction and control of the rights-of-way of any public 643 road. The term does not include the Department of 644 Transportation. Rights-of-way under the jurisdiction and control 645 of the department are excluded from this subsection. 646 6. “Authority utility pole” means a utility pole owned by 647 an authority in the right-of-way. The term does not include a 648 utility pole owned by a municipal electric utility, a utility 649 pole used to support municipally owned or operated electric 650 distribution facilities, or a utility pole located in the right 651 of-way within: 652 a. A retirement community that: 653 (I) Is deed restricted as housing for older persons as 654 defined in s. 760.29(4)(b); 655 (II) Has more than 5,000 residents; and 656 (III) Has underground utilities for electric transmission 657 or distribution. 658 b. A municipality that: 659 (I) Is located on a coastal barrier island as defined in s. 660 161.053(1)(b)3.; 661 (II) Has a land area of less than 5 square miles; 662 (III) Has less than 10,000 residents; and 663 (IV) Has, before July 1, 2017, received referendum approval 664 to issue debt to finance municipal-wide undergrounding of its 665 utilities for electric transmission or distribution. 666 7. “Collocate” or “collocation” means to install, mount, 667 maintain, modify, operate, or replace one or more wireless 668 facilities on, under, within, or adjacent to a wireless support 669 structure or utility pole. The term does not include the 670 installation of a new utility pole or wireless support structure 671 in the public rights-of-way. 672 8. “FCC” means the Federal Communications Commission. 673 9. “Micro wireless facility” means a small wireless 674 facility having dimensions no larger than 24 inches in length, 675 15 inches in width, and 12 inches in height and an exterior 676 antenna, if any, no longer than 11 inches. 677 10. “Small wireless facility” means a wireless facility 678 that meets the following qualifications: 679 a. Each antenna associated with the facility is located 680 inside an enclosure of no more than 6 cubic feet in volume or, 681 in the case of antennas that have exposed elements, each antenna 682 and all of its exposed elements could fit within an enclosure of 683 no more than 6 cubic feet in volume; and 684 b. All other wireless equipment associated with the 685 facility is cumulatively no more than 28 cubic feet in volume. 686 The following types of associated ancillary equipment are not 687 included in the calculation of equipment volume: electric 688 meters, concealment elements, telecommunications demarcation 689 boxes, ground-based enclosures, grounding equipment, power 690 transfer switches, cutoff switches, vertical cable runs for the 691 connection of power and other services, and utility poles or 692 other support structures. 693 11. “Utility pole” means a pole or similar structure that 694 is used in whole or in part to provide communications services 695 or for electric distribution, lighting, traffic control, 696 signage, or a similar function. The term includes the vertical 697 support structure for traffic lights but does not include a 698 horizontal structure to which signal lights or other traffic 699 control devices are attached and does not include a pole or 700 similar structure 15 feet in height or less unless an authority 701 grants a waiver for such pole. 702 12. “Wireless facility” means equipment at a fixed location 703 which enables wireless communications between user equipment and 704 a communications network, including radio transceivers, 705 antennas, wires, coaxial or fiber-optic cable or other cables, 706 regular and backup power supplies, and comparable equipment, 707 regardless of technological configuration, and equipment 708 associated with wireless communications. The term includes small 709 wireless facilities. The term does not include: 710 a. The structure or improvements on, under, within, or 711 adjacent to the structure on which the equipment is collocated; 712 b. Wireline backhaul facilities; or 713 c. Coaxial or fiber-optic cable that is between wireless 714 structures or utility poles or that is otherwise not immediately 715 adjacent to or directly associated with a particular antenna. 716 13. “Wireless infrastructure provider” means a person who 717 has been certificated under chapter 364 to provide 718 telecommunications servicein the stateor under chapter 610 to 719 provide cable or video services in this state, or that person’s 720 affiliate, and who builds or installs wireless communication 721 transmission equipment, wireless facilities, or wireless support 722 structures but is not a wireless services provider. 723 14. “Wireless provider” means a wireless infrastructure 724 provider or a wireless services provider. 725 15. “Wireless services” means any services provided using 726 licensed or unlicensed spectrum, whether at a fixed location or 727 mobile, using wireless facilities. 728 16. “Wireless services provider” means a person who 729 provides wireless services. 730 17. “Wireless support structure” means a freestanding 731 structure, such as a monopole, a guyed or self-supporting tower, 732 or another existing or proposed structure designed to support or 733 capable of supporting wireless facilities. The term does not 734 include a utility pole, pedestal, or other support structure for 735 ground-based equipment not mounted on a utility pole and less 736 than 5 feet in height. 737 (c) Except as provided in this subsection, an authority may 738 not prohibit, regulate, or charge for the collocation of small 739 wireless facilities in the public rights-of-way or for the 740 installation, maintenance, modification, operation, or 741 replacement of utility poles used for the collocation of small 742 wireless facilities in the public rights-of-way. 743 (d) An authority may require a registration process and 744 permit fees in accordance with subsection (3). An authority 745 shall accept applications for permits and shall process and 746 issue permits subject to the following requirements: 747 1. An authority may not directly or indirectly require an 748 applicant to perform services unrelated to the collocation for 749 which approval is sought, such as in-kind contributions to the 750 authority, including reserving fiber, conduit, or pole space for 751 the authority. 752 2. An applicant may not be required to provide more 753 information to obtain a permit than is necessary to demonstrate 754 the applicant’s compliance with applicable codes for the 755 placement of small wireless facilities in the locations 756 identified in the application. An applicant may not be required 757 to provide inventories, maps, or locations of communications 758 facilities in the right-of-way other than as necessary to avoid 759 interference with other at-grade or aerial facilities located at 760 the specific location proposed for a small wireless facility or 761 within 50 feet of such location. 762 3. An authority may not: 763 a. Require the placement of small wireless facilities on 764 any specific utility pole or category of poles;or765 b. Require the placement of multiple antenna systems on a 766 single utility pole; 767 c. Require a demonstration that collocation of a small 768 wireless facility on an existing structure is not legally or 769 technically possible as a condition for granting a permit for 770 the collocation of a small wireless facility on a new utility 771 pole except as provided in paragraph (i); 772 d. Require compliance with an authority’s provisions 773 regarding placement of small wireless facilities or a new 774 utility pole used to support a small wireless facility in 775 rights-of-way under the control of the department unless the 776 authority has received a delegation from the department for the 777 location of the small wireless facility or utility pole, or 778 require such compliance as a condition to receive a permit that 779 is ancillary to the permit for collocation of a small wireless 780 facility, including an electrical permit; 781 e. Require a meeting before filing an application; 782 f. Require direct or indirect public notification or a 783 public meeting for the placement of communication facilities in 784 the right-of-way; 785 g. Limit the size or configuration of a small wireless 786 facility or any of its components, if the small wireless 787 facility complies with the size limits in this subsection; 788 h. Prohibit the installation of a new utility pole used to 789 support the collocation of a small wireless facility if the 790 installation otherwise meets the requirements of this 791 subsection; or 792 i. Require that any component of a small wireless facility 793 be placed underground except as provided in paragraph (i). 794 4. Subject to paragraph (r), an authority may not limit the 795 placement, by minimum separation distances, of small wireless 796 facilities, utility poles on which small wireless facilities are 797 or will be collocated, or other at-grade communications 798 facilitiesby minimum separation distances. However, within 14 799 days after the date of filing the application, an authority may 800 request that the proposed location of a small wireless facility 801 be moved to another location in the right-of-way and placed on 802 an alternative authority utility pole or support structure or 803 placed onmay placea new utility pole. The authority and the 804 applicant may negotiate the alternative location, including any 805 objective design standards and reasonable spacing requirements 806 for ground-based equipment, for 30 days after the date of the 807 request. At the conclusion of the negotiation period, if the 808 alternative location is accepted by the applicant, the applicant 809 must notify the authority of such acceptance and the application 810 shall be deemed granted for any new location for which there is 811 agreement and all other locations in the application. If an 812 agreement is not reached, the applicant must notify the 813 authority of such nonagreement and the authority must grant or 814 deny the original application within 90 days after the date the 815 application was filed. A request for an alternative location, an 816 acceptance of an alternative location, or a rejection of an 817 alternative location must be in writing and provided by 818 electronic mail. 819 5. An authority shall limit the height of a small wireless 820 facility to 10 feet above the utility pole or structure upon 821 which the small wireless facility is to be collocated. Unless 822 waived by an authority, the height for a new utility pole is 823 limited to the tallest existing utility pole as of July 1, 2017, 824 located in the same right-of-way, other than a utility pole for 825 which a waiver has previously been granted, measured from grade 826 in place within 500 feet of the proposed location of the small 827 wireless facility. If there is no utility pole within 500 feet, 828 the authority shall limit the height of the utility pole to 50 829 feet. 830 6.Except as provided in subparagraphs 4. and 5.,The 831 installation by a communications services provider of a utility 832 pole in the public rights-of-way, other than a utility pole used 833designedto support a small wireless facility, isshall be834 subject to authority rules or regulations governing the 835 placement of utility poles in the public rights-of-wayand shall836be subject to the application review timeframes in this837subsection. 838 7. Within 14 days after receiving an application, an 839 authority must determine and notify the applicant by electronic 840 mail as to whether the application is complete. If an 841 application is deemed incomplete, the authority must 842 specifically identify the missing information. An application is 843 deemed complete if the authority fails to provide notification 844 to the applicant within 14 days. 845 8. An application must be processed on a nondiscriminatory 846 basis. A complete application is deemed approved if an authority 847 fails to approve or deny the application within 60 days after 848 receipt of the application. If an authority does not use the 30 849 day negotiation period provided in subparagraph 4., the parties 850 may mutually agree to extend the 60-day application review 851 period. The authority shall grant or deny the application at the 852 end of the extended period. A permit issued pursuant to an 853 approved application shall remain effective for 1 year unless 854 extended by the authority. 855 9. An authority must notify the applicant of approval or 856 denial by electronic mail. An authority shall approve a complete 857 application unless it does not meet the authority’s applicable 858 codes. If the application is denied, the authority must specify 859 in writing the basis for denial, including the specific code 860 provisions on which the denial was based, and send the 861 documentation to the applicant by electronic mail on the day the 862 authority denies the application. The applicant may cure the 863 deficiencies identified by the authority and resubmit the 864 application within 30 days after notice of the denial is sent to 865 the applicant. The authority shall approve or deny the revised 866 application within 30 days after receipt or the application is 867 deemed approved. The review of a revised application isAny868subsequent review shall belimited to the deficiencies cited in 869 the denial. If an authority provides for administrative review 870 of the denial of an application, the review must be complete and 871 a written decision issued within 45 days after a written request 872 for review is made. A denial must identify the specific code 873 provisions on which the denial is based. If the administrative 874 review is not complete within 45 days, the authority waives any 875 claim regarding failure to exhaust administrative remedies in 876 any judicial review of the denial of an application. 877 10. An applicant seeking to collocate small wireless 878 facilities within the jurisdiction of a single authority may, at 879 the applicant’s discretion, file a consolidated application and 880 receive a single permit for the collocation of up to 30 small 881 wireless facilities. If the application includes multiple small 882 wireless facilities, an authority may separately address small 883 wireless facility collocations for which incomplete information 884 has been received or which are denied. 885 11. An authority may deny an application to collocatea886proposed collocation ofa small wireless facility or place a 887 utility pole used to support a small wireless facility in the 888 public rights-of-way if the proposed small wireless facility or 889 utility pole used to support a small wireless facility 890collocation: 891 a. Materially interferes with the safe operation of traffic 892 control equipment. 893 b. Materially interferes with sight lines or clear zones 894 for transportation, pedestrians, or public safety purposes. 895 c. Materially interferes with compliance with the Americans 896 with Disabilities Act or similar federal or state standards 897 regarding pedestrian access or movement. 898 d. Materially fails to comply with the 20172010edition of 899 the Florida Department of Transportation Utility Accommodation 900 Manual. 901 e. Fails to comply with applicable codes. 902 f. Fails to comply with objective design standards 903 authorized under paragraph (r). 904 12. An authority may adopt by ordinance provisions for 905 insurance coverage, indemnification,performance bonds, security906funds,force majeure, abandonment, authority liability, or 907 authority warranties. Such provisions must be reasonable and 908 nondiscriminatory. An authority may require a construction bond 909 to secure restoration of the postconstruction rights-of-way to 910 the preconstruction condition. However, such bond must be time 911 limited to not more than 18 months after the construction to 912 which the bond applies is completed. For any financial 913 obligation required by an authority allowed under this section, 914 the authority shall accept a letter of credit or similar 915 financial instrument issued by any financial institution that is 916 authorized to do business within the United States, provided 917 that a claim against the financial instrument may be made by 918 electronic means, including by facsimile. A provider of 919 communications services may add an authority to any existing 920 bond, insurance policy, or other relevant financial instrument, 921 and the authority must accept such proof of coverage without any 922 conditions other than consent to venue for purposes of any 923 litigation to which the authority is a party. An authority may 924 not require a communications services provider to indemnify it 925 for liabilities not caused by the provider, including 926 liabilities arising from the authority’s negligence, gross 927 negligence, or willful conduct. 928 13. Collocation of a small wireless facility on an 929 authority utility pole does not provide the basis for the 930 imposition of an ad valorem tax on the authority utility pole. 931 14. An authority may reserve space on authority utility 932 poles for future public safety uses. However, a reservation of 933 space may not preclude collocation of a small wireless facility. 934 If replacement of the authority utility pole is necessary to 935 accommodate the collocation of the small wireless facility and 936 the future public safety use, the pole replacement is subject to 937 make-ready provisions and the replaced pole shall accommodate 938 the future public safety use. 939 15. A structure granted a permit and installed pursuant to 940 this subsection shall comply with chapter 333 and federal 941 regulations pertaining to airport airspace protections. 942 (e) An authority may not require any permit or other 943 approval or require fees, or other charges, costs, or other 944 exactions for: 945 1. Routine maintenance, the performance of service 946 restoration work on existing facilities, or repair work, 947 including, but not limited to, emergency repairs of existing 948 facilities or extensions of such facilities for providing 949 communications services to customers; 950 2. Replacement of existing wireless facilities with 951 wireless facilities that are substantially similar or of the 952 same or smaller size; or 953 3. Installation, placement, maintenance, or replacement of 954 micro wireless facilities that are suspended on cables strung 955 between existing utility poles in compliance with applicable 956 codes by or for a communications services provider authorized to 957 occupy the rights-of-way and who is remitting taxes under 958 chapter 202. An authority may require an initial letter from or 959 on behalf of such provider, which is effective upon filing, 960 attesting that the micro wireless facility dimensions comply 961 with the limits of this subsection. The authority may not 962 require any additional filing or other information as long as 963 the provider is deploying the same, a substantially similar, or 964 a smaller size micro wireless facility equipment. 965 966 Notwithstanding this paragraph, an authority may require a 967 right-of-way permit for work that involves excavation, closure 968 of a sidewalk, or closure of a vehicular lane or parking lane, 969 unless the provider is performing service restoration on an 970 existing facility and the work is done in compliance with the 971 2017 edition of the Florida Department of Transportation Utility 972 Accommodation Manual. An authority may require notice of such 973 work within 30 days after restoration and may require an after 974 the-fact permit for work which would otherwise have required a 975 permit. 976 (f) Collocation of small wireless facilities on authority 977 utility poles is subject to the following requirements: 978 1. An authority may not enter into an exclusive arrangement 979 with any person for the right to attach equipment to authority 980 utility poles. 981 2. The rates and fees for collocations on authority utility 982 poles must be nondiscriminatory, regardless of the services 983 provided by the collocating person. 984 3. The rate to collocate small wireless facilities on an 985 authority utility pole may not exceed $150 per pole annually. 986 4. Agreements between authorities and wireless providers 987 that are in effect on July 1, 2017, and that relate to the 988 collocation of small wireless facilities in the right-of-way, 989 including the collocation of small wireless facilities on 990 authority utility poles, remain in effect, subject to applicable 991 termination provisions. The wireless provider may accept the 992 rates, fees, and terms established under this subsection for 993 small wireless facilities and utility poles that are the subject 994 of an application submitted after the rates, fees, and terms 995 become effective. 996 5. A person owning or controlling an authority utility pole 997 shall offer rates, fees, and other terms that comply with this 998 subsection. By the later of January 1, 2018, or 3 months after 999 receiving a request to collocate its first small wireless 1000 facility on a utility pole owned or controlled by an authority, 1001 the person owning or controlling the authority utility pole 1002 shall make available, through ordinance or otherwise, rates, 1003 fees, and terms for the collocation of small wireless facilities 1004 on the authority utility pole which comply with this subsection. 1005 a. The rates, fees, and terms must be nondiscriminatory and 1006 competitively neutral and must comply with this subsection. 1007 b. For an authority utility pole that supports an aerial 1008 facility used to provide communications services or electric 1009 service, the parties shall comply with the process for make 1010 ready work under 47 U.S.C. s. 224 and implementing regulations. 1011 The good faith estimate of the person owning or controlling the 1012 pole for any make-ready work necessary to enable the pole to 1013 support the requested collocation must include pole replacement 1014 if necessary. 1015 c. For an authority utility pole that does not support an 1016 aerial facility used to provide communications services or 1017 electric service, the authority shall provide a good faith 1018 estimate for any make-ready work necessary to enable the pole to 1019 support the requested collocation, including necessary pole 1020 replacement, within 60 days after receipt of a complete 1021 application. Make-ready work, including any pole replacement, 1022 must be completed within 60 days after written acceptance of the 1023 good faith estimate by the applicant. Alternatively, an 1024 authority may require the applicant seeking to collocate a small 1025 wireless facility to provide a make-ready estimate at the 1026 applicant’s expense for the work necessary to support the small 1027 wireless facility, including pole replacement, and perform the 1028 make-ready work. If pole replacement is required, the scope of 1029 the make-ready estimate is limited to the design, fabrication, 1030 and installation of a utility pole that is substantially similar 1031 in color and composition. The authority may not condition or 1032 restrict the manner in which the applicant obtains, develops, or 1033 provides the estimate or conducts the make-ready work subject to 1034 usual construction restoration standards for work in the right 1035 of-way. The replaced or altered utility pole shall remain the 1036 property of the authority. 1037 d. An authority may not require more make-ready work than 1038 is required to meet applicable codes or industry standards. Fees 1039 for make-ready work may not include costs related to preexisting 1040 damage or prior noncompliance. Fees for make-ready work, 1041 including any pole replacement, may not exceed actual costs or 1042 the amount charged to communications services providers other 1043 than wireless services providers for similar work and may not 1044 include any consultant fee or expense. 1045 (g) For any applications filed before the effective date of 1046 ordinances implementing this subsection, an authority may apply 1047 current ordinances relating to placement of communications 1048 facilities in the right-of-way related to registration, 1049 permitting, insurance coverage, indemnification,performance1050bonds, security funds,force majeure, abandonment, authority 1051 liability, or authority warranties. Permit application 1052 requirements and small wireless facility placement requirements, 1053 including utility pole height limits, that conflict with this 1054 subsection mustshallbe waived by the authority. An authority 1055 may not institute, either expressly or de facto, a moratorium, 1056 zoning-in-progress, or other mechanism that would prohibit or 1057 delay the filing, receiving, or processing of registrations, 1058 applications, or issuing of permits or other approvals for the 1059 collocation of small wireless facilities or the installation, 1060 modification, or replacement of utility poles used to support 1061 the collocation of small wireless facilities. 1062 (i)1. In an area where an authority has required all public 1063 utility lines in the rights-of-way to be placed underground, a 1064 wireless provider must comply with written, objective, 1065 reasonable, and nondiscriminatory requirements that prohibit new 1066 utility poles used to support small wireless facilities if: 1067 a. The authority, at least 90 days prior to the submission 1068 of an application, has required all public utility lines to be 1069 placed underground; 1070 b. Structures that the authority allows to remain above 1071 ground are reasonably available to wireless providers for the 1072 collocation of small wireless facilities and may be replaced by 1073 a wireless provider to accommodate the collocation of small 1074 wireless facilities; and 1075 c. A wireless provider may install a new utility pole in 1076 the designated area in the right-of-way that otherwise complies 1077 with this subsection and it is not reasonably able to provide 1078 wireless service by collocating on a remaining utility pole or 1079 other structure in the right-of-way. 1080 2. For small wireless facilities installed before an 1081 authority adopts requirements that public utility lines be 1082 placed underground, an authority adopting such requirements 1083 must: 1084 a. Allow a wireless provider to maintain the small wireless 1085 facilities in place subject to any applicable pole attachment 1086 agreement with the pole owner; or 1087 b. Allow the wireless provider to replace the associated 1088 pole within 50 feet of the prior location in accordance with 1089 paragraph (r).A wireless provider shall, in relation to a small1090wireless facility, utility pole, or wireless support structure1091in the public rights-of-way, comply with nondiscriminatory1092undergrounding requirements of an authority that prohibit above1093ground structures in public rights-of-way. Any such requirements1094may be waived by the authority.1095 (r) An authority may require wireless providers to comply 1096 with objective design standards adopted by ordinance. The 1097 ordinance may only require: 1098 1. A new utility pole that replaces an existing utility 1099 pole to be of substantially similar design, material, and color; 1100 2. Reasonable spacing requirements concerning the location 1101 of a ground-mounted component of a small wireless facility which 1102 does not exceed 15 feet from the associated support structure; 1103 or 1104 3. A small wireless facility to meet reasonable location 1105 context, color, camouflage, and concealment requirements, 1106 subject to the limitations in this subsection; and 1107 4. A new utility pole used to support a small wireless 1108 facility to meet reasonable location context, color, and 1109 material of the predominant utility pole type at the proposed 1110 location of the new utility pole. 1111 1112 Such design standards under this paragraph may be waived by the 1113 authority upon a showing that the design standards are not 1114 reasonably compatible for the particular location of a small 1115 wireless facility or utility pole or are technically infeasible 1116 or that the design standards impose an excessive expense. The 1117 waiver must be granted or denied within 45 days after the date 1118 of the request. 1119 (8)(a) Any person aggrieved by a violation of this section 1120 may bring a civil action in a United States District Court or in 1121 any other court of competent jurisdiction. 1122 (b) The court may: 1123 1. Grant temporary or permanent injunctions on terms as it 1124 may deem reasonable to prevent or restrain violations of this 1125 section; and 1126 2. Direct the recovery of full costs, including awarding 1127 reasonable attorney fees, to the party who prevails. 1128 (9) All work in the authority’s rights-of-way under this 1129 section must comply with the 2017 edition of the Florida 1130 Department of Transportation Utility Accommodation Manual. 1131 Section 3. Nothing in this act shall be construed to delay 1132 the issuance of permits for other utility work, including, but 1133 not limited to, permits related to electricity or gas work in 1134 the rights-of-way. 1135 Section 4. This act shall take effect July 1, 2019.