Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1000
       
       
       
       
       
       
                                Ì500128ÃÎ500128                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  04/19/2019           .                                
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       The Committee on Appropriations (Hutson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (2) of section
    6  202.20, Florida Statutes, is amended to read:
    7         202.20 Local communications services tax conversion rates.—
    8         (2)
    9         (b) Except as otherwise provided in this subsection,
   10  “replaced revenue sources,” as used in this section, means the
   11  following taxes, charges, fees, or other impositions to the
   12  extent that the respective local taxing jurisdictions were
   13  authorized to impose them prior to July 1, 2000.
   14         1. With respect to municipalities and charter counties and
   15  the taxes authorized by s. 202.19(1):
   16         a. The public service tax on telecommunications authorized
   17  by former s. 166.231(9).
   18         b. Franchise fees on cable service providers as authorized
   19  by 47 U.S.C. s. 542.
   20         c. The public service tax on prepaid calling arrangements.
   21         d. Franchise fees on dealers of communications services
   22  which use the public roads or rights-of-way, up to the limit set
   23  forth in s. 337.401. For purposes of calculating rates under
   24  this section, it is the legislative intent that charter counties
   25  be treated as having had the same authority as municipalities to
   26  impose franchise fees on recurring local telecommunication
   27  service revenues prior to July 1, 2000. However, the Legislature
   28  recognizes that the authority of charter counties to impose such
   29  fees is in dispute, and the treatment provided in this section
   30  is not an expression of legislative intent that charter counties
   31  actually do or do not possess such authority.
   32         e. Actual permit fees relating to placing or maintaining
   33  facilities in or on public roads or rights-of-way, collected
   34  from providers of long-distance, cable, and mobile
   35  communications services for the fiscal year ending September 30,
   36  1999; however, if a municipality or charter county elects the
   37  option to charge permit fees pursuant to s. 337.401(3)(c)
   38  337.401(3)(c)1.a., such fees shall not be included as a replaced
   39  revenue source.
   40         2. With respect to all other counties and the taxes
   41  authorized in s. 202.19(1), franchise fees on cable service
   42  providers as authorized by 47 U.S.C. s. 542.
   43         Section 2. Subsection (3), paragraphs (e) and (f) of
   44  subsection (6), and paragraphs (b) through (g) and (i) of
   45  subsection (7) of section 337.401, Florida Statutes, are
   46  amended, and paragraph (r) of subsection (7) and subsection (8)
   47  are added to that section, to read:
   48         337.401 Use of right-of-way for utilities subject to
   49  regulation; permit; fees.—
   50         (3)(a) Because of the unique circumstances applicable to
   51  providers of communications services, including, but not limited
   52  to, the circumstances described in paragraph (e) and the fact
   53  that federal and state law require the nondiscriminatory
   54  treatment of providers of telecommunications services, and
   55  because of the desire to promote competition among providers of
   56  communications services, it is the intent of the Legislature
   57  that municipalities and counties treat providers of
   58  communications services in a nondiscriminatory and competitively
   59  neutral manner when imposing rules or regulations governing the
   60  placement or maintenance of communications facilities in the
   61  public roads or rights-of-way. Rules or regulations imposed by a
   62  municipality or county relating to providers of communications
   63  services placing or maintaining communications facilities in its
   64  roads or rights-of-way must be generally applicable to all
   65  providers of communications services, taking into account the
   66  distinct engineering, construction, operation, maintenance,
   67  public works, and safety requirements of the provider’s
   68  facilities, and, notwithstanding any other law, may not require
   69  a provider of communications services to apply for or enter into
   70  an individual license, franchise, or other agreement with the
   71  municipality or county as a condition of placing or maintaining
   72  communications facilities in its roads or rights-of-way. In
   73  addition to other reasonable rules or regulations that a
   74  municipality or county may adopt relating to the placement or
   75  maintenance of communications facilities in its roads or rights
   76  of-way under this subsection or subsection (7), a municipality
   77  or county may require a provider of communications services that
   78  places or seeks to place facilities in its roads or rights-of
   79  way to register with the municipality or county. To register, a
   80  provider of communications services only may be required to
   81  provide its name and to provide the name of the registrant; the
   82  name, address, and telephone number of a contact person for the
   83  registrant; the number of the registrant’s current certificate
   84  of authorization issued by the Florida Public Service
   85  Commission, the Federal Communications Commission, or the
   86  Department of State; a statement as to whether the registrant is
   87  a pass-through provider as defined in subparagraph (6)(a)1.; and
   88  any required proof of insurance or self-insuring status adequate
   89  to defend and cover claims. A municipality or county may not
   90  require registration renewal more frequently than every 5 years,
   91  but may require that a registrant submit any update within 90
   92  days during such period if the registration information provided
   93  under this subsection changes. A municipality or county may not
   94  require the provision of an inventory of communications
   95  facilities, maps, locations of such facilities, or other
   96  information by a registrant as a condition of registration,
   97  renewal, or for any other purpose; provided, however, that a
   98  municipality or county may require as part of a permit
   99  application that the applicant identify at-grade communications
  100  facilities within 50 feet of the proposed installation location
  101  for the placement of at-grade communications facilities. A
  102  municipality or county may not require a provider to pay any
  103  fee, cost, or other charge for registration or renewal thereof.
  104  It is the intent of the Legislature that the placement,
  105  operation, maintenance, upgrading, and extension of
  106  communications facilities not be unreasonably interrupted or
  107  delayed through the permitting or other local regulatory
  108  process. Except as provided in this chapter or otherwise
  109  expressly authorized by chapter 202, chapter 364, or chapter
  110  610, a municipality or county may not adopt or enforce any
  111  ordinance, regulation, or requirement as to the placement or
  112  operation of communications facilities in a right-of-way by a
  113  communications services provider authorized by state or local
  114  law to operate in a right-of-way; regulate any communications
  115  services; or impose or collect any tax, fee, cost, charge, or
  116  exaction for the provision of communications services over the
  117  communications services provider’s communications facilities in
  118  a right-of-way.
  119         (b) Registration described in paragraph (a) does not
  120  establish a right to place or maintain, or priority for the
  121  placement or maintenance of, a communications facility in roads
  122  or rights-of-way of a municipality or county. Each municipality
  123  and county retains the authority to regulate and manage
  124  municipal and county roads or rights-of-way in exercising its
  125  police power, subject to the limitations imposed in this section
  126  and chapters 202 and 610. Any rules or regulations adopted by a
  127  municipality or county which govern the occupation of its roads
  128  or rights-of-way by providers of communications services must be
  129  related to the placement or maintenance of facilities in such
  130  roads or rights-of-way, must be reasonable and
  131  nondiscriminatory, and may include only those matters necessary
  132  to manage the roads or rights-of-way of the municipality or
  133  county.
  134         (c) Any municipality or county that, as of January 1, 2019,
  135  elected to require permit fees from any provider of
  136  communications services that use or occupy municipal or county
  137  roads or rights-of-way pursuant to former paragraph (c) or
  138  former paragraph (j), Florida Statutes 2018, may continue to
  139  require and collect such fees. A municipality or county that
  140  elected as of such date to require permit fees may elect to
  141  forego such fees as provided herein. A municipality or county
  142  that elected as of such date not to require permit fees may not
  143  elect to impose permit fees
  144         1.It is the intention of the state to treat all providers
  145  of communications services that use or occupy municipal or
  146  charter county roads or rights-of-way for the provision of
  147  communications services in a nondiscriminatory and competitively
  148  neutral manner with respect to the payment of permit fees.
  149  Certain providers of communications services have been granted
  150  by general law the authority to offset permit fees against
  151  franchise or other fees while other providers of communications
  152  services have not been granted this authority. In order to treat
  153  all providers of communications services in a nondiscriminatory
  154  and competitively neutral manner with respect to the payment of
  155  permit fees, each municipality and charter county shall make an
  156  election under either sub-subparagraph a. or sub-subparagraph b.
  157  and must inform the Department of Revenue of the election by
  158  certified mail by July 16, 2001. Such election shall take effect
  159  October 1, 2001.
  160         a.(I) The municipality or charter county may require and
  161  collect permit fees from any providers of communications
  162  services that use or occupy municipal or county roads or rights
  163  of-way. All fees authorized permitted under this paragraph sub
  164  subparagraph must be reasonable and commensurate with the direct
  165  and actual cost of the regulatory activity, including issuing
  166  and processing permits, plan reviews, physical inspection, and
  167  direct administrative costs; must be demonstrable; and must be
  168  equitable among users of the roads or rights-of-way. A fee
  169  authorized permitted under this paragraph sub-subparagraph may
  170  not: be offset against the tax imposed under chapter 202;
  171  include the costs of roads or rights-of-way acquisition or roads
  172  or rights-of-way rental; include any general administrative,
  173  management, or maintenance costs of the roads or rights-of-way;
  174  or be based on a percentage of the value or costs associated
  175  with the work to be performed on the roads or rights-of-way. In
  176  an action to recover amounts due for a fee not authorized
  177  permitted under this paragraph sub-subparagraph, the prevailing
  178  party may recover court costs and attorney attorney’s fees at
  179  trial and on appeal. In addition to the limitations set forth in
  180  this section, a fee levied by a municipality or charter county
  181  under this paragraph sub-subparagraph may not exceed $100.
  182  However, permit fees may not be imposed with respect to permits
  183  that may be required for service drop lines not required to be
  184  noticed under s. 556.108(5) s. 556.108(5)(a)2. or for any
  185  activity that does not require the physical disturbance of the
  186  roads or rights-of-way or does not impair access to or full use
  187  of the roads or rights-of-way, including, but not limited to,
  188  any emergency repairs of existing facilities, extensions of such
  189  facilities for providing communications services to customers,
  190  and the placement of micro wireless facilities in accordance
  191  with subparagraph (7)(e)3.
  192         (II) To ensure competitive neutrality among providers of
  193  communications services, for any municipality or charter county
  194  that elects to exercise its authority to require and collect
  195  permit fees under this sub-subparagraph, the rate of the local
  196  communications services tax imposed by such jurisdiction, as
  197  computed under s. 202.20, shall automatically be reduced by a
  198  rate of 0.12 percent.
  199         b. Alternatively, the municipality or charter county may
  200  elect not to require and collect permit fees from any provider
  201  of communications services that uses or occupies municipal or
  202  charter county roads or rights-of-way for the provision of
  203  communications services; however, each municipality or charter
  204  county that elects to operate under this sub-subparagraph
  205  retains all authority to establish rules and regulations for
  206  providers of communications services to use or occupy roads or
  207  rights-of-way as provided in this section.
  208         1. If a municipality or charter county elects to not
  209  require permit fees operate under this sub-subparagraph, the
  210  total rate for the local communications services tax as computed
  211  under s. 202.20 for that municipality or charter county may be
  212  increased by ordinance or resolution by an amount not to exceed
  213  a rate of 0.12 percent. If a municipality or charter county
  214  elects to increase its rate effective October 1, 2001, the
  215  municipality or charter county shall inform the department of
  216  such increased rate by certified mail postmarked on or before
  217  July 16, 2001.
  218         c. A municipality or charter county that does not make an
  219  election as provided for in this subparagraph shall be presumed
  220  to have elected to operate under the provisions of sub
  221  subparagraph b.
  222         2. Each noncharter county shall make an election under
  223  either sub-subparagraph a. or sub-subparagraph b. and shall
  224  inform the Department of Revenue of the election by certified
  225  mail by July 16, 2001. Such election shall take effect October
  226  1, 2001.
  227         a. The noncharter county may elect to require and collect
  228  permit fees from any providers of communications services that
  229  use or occupy noncharter county roads or rights-of-way. All fees
  230  permitted under this sub-subparagraph must be reasonable and
  231  commensurate with the direct and actual cost of the regulatory
  232  activity, including issuing and processing permits, plan
  233  reviews, physical inspection, and direct administrative costs;
  234  must be demonstrable; and must be equitable among users of the
  235  roads or rights-of-way. A fee permitted under this sub
  236  subparagraph may not: be offset against the tax imposed under
  237  chapter 202; include the costs of roads or rights-of-way
  238  acquisition or roads or rights-of-way rental; include any
  239  general administrative, management, or maintenance costs of the
  240  roads or rights-of-way; or be based on a percentage of the value
  241  or costs associated with the work to be performed on the roads
  242  or rights-of-way. In an action to recover amounts due for a fee
  243  not permitted under this sub-subparagraph, the prevailing party
  244  may recover court costs and attorney’s fees at trial and on
  245  appeal. In addition to the limitations set forth in this
  246  section, a fee levied by a noncharter county under this sub
  247  subparagraph may not exceed $100. However, permit fees may not
  248  be imposed with respect to permits that may be required for
  249  service drop lines not required to be noticed under s.
  250  556.108(5)(a)2. or for any activity that does not require the
  251  physical disturbance of the roads or rights-of-way or does not
  252  impair access to or full use of the roads or rights-of-way.
  253         b. Alternatively, the noncharter county may elect not to
  254  require and collect permit fees from any provider of
  255  communications services that uses or occupies noncharter county
  256  roads or rights-of-way for the provision of communications
  257  services; however, each noncharter county that elects to operate
  258  under this sub-subparagraph shall retain all authority to
  259  establish rules and regulations for providers of communications
  260  services to use or occupy roads or rights-of-way as provided in
  261  this section.
  262         2. If a noncharter county elects to not require permit fees
  263  operate under this sub-subparagraph, the total rate for the
  264  local communications services tax as computed under s. 202.20
  265  for that noncharter county may be increased by ordinance or
  266  resolution by an amount not to exceed a rate of 0.24 percent, to
  267  replace the revenue the noncharter county would otherwise have
  268  received from permit fees for providers of communications
  269  services. If a noncharter county elects to increase its rate
  270  effective October 1, 2001, the noncharter county shall inform
  271  the department of such increased rate by certified mail
  272  postmarked on or before July 16, 2001.
  273         c. A noncharter county that does not make an election as
  274  provided for in this subparagraph shall be presumed to have
  275  elected to operate under the provisions of sub-subparagraph b.
  276         3. Except as provided in this paragraph, municipalities and
  277  counties retain all existing authority to require and collect
  278  permit fees from users or occupants of municipal or county roads
  279  or rights-of-way and to set appropriate permit fee amounts.
  280         (d) After January 1, 2001, In addition to any other notice
  281  requirements, a municipality must provide to the Secretary of
  282  State, at least 10 days prior to consideration on first reading,
  283  notice of a proposed ordinance governing a telecommunications
  284  company placing or maintaining telecommunications facilities in
  285  its roads or rights-of-way. After January 1, 2001, In addition
  286  to any other notice requirements, a county must provide to the
  287  Secretary of State, at least 15 days prior to consideration at a
  288  public hearing, notice of a proposed ordinance governing a
  289  telecommunications company placing or maintaining
  290  telecommunications facilities in its roads or rights-of-way. The
  291  notice required by this paragraph must be published by the
  292  Secretary of State on a designated Internet website. The failure
  293  of a municipality or county to provide such notice does not
  294  render the ordinance invalid, provided that enforcement of such
  295  ordinance must be suspended until 30 days after the municipality
  296  or county provides the required notice.
  297         (e) The authority of municipalities and counties to require
  298  franchise fees from providers of communications services, with
  299  respect to the provision of communications services, is
  300  specifically preempted by the state because of unique
  301  circumstances applicable to providers of communications services
  302  when compared to other utilities occupying municipal or county
  303  roads or rights-of-way. Providers of communications services may
  304  provide similar services in a manner that requires the placement
  305  of facilities in municipal or county roads or rights-of-way or
  306  in a manner that does not require the placement of facilities in
  307  such roads or rights-of-way. Although similar communications
  308  services may be provided by different means, the state desires
  309  to treat providers of communications services in a
  310  nondiscriminatory manner and to have the taxes, franchise fees,
  311  and other fees, costs, and financial or regulatory exactions
  312  paid by or imposed on providers of communications services be
  313  competitively neutral. Municipalities and counties retain all
  314  existing authority, if any, to collect franchise fees from users
  315  or occupants of municipal or county roads or rights-of-way other
  316  than providers of communications services, and the provisions of
  317  this subsection shall have no effect upon this authority. The
  318  provisions of this subsection do not restrict the authority, if
  319  any, of municipalities or counties or other governmental
  320  entities to receive reasonable rental fees based on fair market
  321  value for the use of public lands and buildings on property
  322  outside the public roads or rights-of-way for the placement of
  323  communications antennas and towers.
  324         (f) Except as expressly allowed or authorized by general
  325  law and except for the rights-of-way permit fees subject to
  326  paragraph (c), a municipality or county may not levy on a
  327  provider of communications services a tax, fee, or other charge
  328  or imposition for operating as a provider of communications
  329  services within the jurisdiction of the municipality or county
  330  which is in any way related to using its roads or rights-of-way.
  331  A municipality or county may not require or solicit in-kind
  332  compensation, except as otherwise provided in s. 202.24(2)(c)8.
  333  or s. 610.109, provided that the in-kind compensation is not a
  334  franchise fee under federal law. Nothing in this paragraph shall
  335  impair any ordinance or agreement in effect on May 22, 1998, or
  336  any voluntary agreement entered into subsequent to that date,
  337  which provides for or allows in-kind compensation by a
  338  telecommunications company.
  339         (g) A municipality or county may not use its authority over
  340  the placement of facilities in its roads and rights-of-way as a
  341  basis for asserting or exercising regulatory control over a
  342  provider of communications services regarding matters within the
  343  exclusive jurisdiction of the Florida Public Service Commission
  344  or the Federal Communications Commission, including, but not
  345  limited to, the operations, systems, equipment, technology,
  346  qualifications, services, service quality, service territory,
  347  and prices of a provider of communications services. A
  348  municipality or county may not require any permit for the
  349  maintenance, repair, replacement, extension, or upgrade of
  350  existing aerial wireline communications facilities on utility
  351  poles or for aerial wireline facilities between existing
  352  wireline communications facility attachments on utility poles by
  353  a communications services provider. However, a municipality or
  354  county may require a right-of-way permit for work that involves
  355  excavation, closure of a sidewalk, or closure of a vehicular
  356  lane, unless the provider is performing service restoration to
  357  existing facilities. A permit application required by an
  358  authority under this section for the placement of communications
  359  facilities must be processed and acted upon consistent with the
  360  timeframes provided in subparagraphs (7)(d)7.-9. In addition, a
  361  municipality or county may not require any permit or other
  362  approval, fee, charge, or cost, or other exaction for the
  363  maintenance, repair, replacement, extension, or upgrade of
  364  existing aerial lines or underground communications facilities
  365  located on private property outside of the public rights-of-way.
  366  For purposes of this paragraph, an extension of existing
  367  facilities includes an extension from the rights-of-way into a
  368  customer’s private property for the purpose of placing a service
  369  drop or an extension from the rights-of-way into a utility
  370  easement to provide service to a discrete identifiable customer
  371  or group of customers.
  372         (h) A provider of communications services that has obtained
  373  permission to occupy the roads or rights-of-way of an
  374  incorporated municipality pursuant to s. 362.01 or that is
  375  otherwise lawfully occupying the roads or rights-of-way of a
  376  municipality or county shall not be required to obtain consent
  377  to continue such lawful occupation of those roads or rights-of
  378  way; however, nothing in this paragraph shall be interpreted to
  379  limit the power of a municipality or county to adopt or enforce
  380  reasonable rules or regulations as provided in this section and
  381  consistent with chapters 202, 364, and 610. Any such rules or
  382  regulations must be in writing, and registered providers of
  383  communications services in the municipality or county must be
  384  given at least 60 days advance written notice of any changes to
  385  the rules and regulations.
  386         (i) Except as expressly provided in this section, this
  387  section does not modify the authority of municipalities and
  388  counties to levy the tax authorized in chapter 202 or the duties
  389  of providers of communications services under ss. 337.402
  390  337.404. This section does not apply to building permits, pole
  391  attachments, or private roads, private easements, and private
  392  rights-of-way.
  393         (j) Pursuant to this paragraph, any county or municipality
  394  may by ordinance change either its election made on or before
  395  July 16, 2001, under paragraph (c) or an election made under
  396  this paragraph.
  397         1.a. If a municipality or charter county changes its
  398  election under this paragraph in order to exercise its authority
  399  to require and collect permit fees in accordance with this
  400  subsection, the rate of the local communications services tax
  401  imposed by such jurisdiction pursuant to ss. 202.19 and 202.20
  402  shall automatically be reduced by the sum of 0.12 percent plus
  403  the percentage, if any, by which such rate was increased
  404  pursuant to sub-subparagraph (c)1.b.
  405         b. If a municipality or charter county changes its election
  406  under this paragraph in order to discontinue requiring and
  407  collecting permit fees, the rate of the local communications
  408  services tax imposed by such jurisdiction pursuant to ss. 202.19
  409  and 202.20 may be increased by ordinance or resolution by an
  410  amount not to exceed 0.24 percent.
  411         2.a. If a noncharter county changes its election under this
  412  paragraph in order to exercise its authority to require and
  413  collect permit fees in accordance with this subsection, the rate
  414  of the local communications services tax imposed by such
  415  jurisdiction pursuant to ss. 202.19 and 202.20 shall
  416  automatically be reduced by the percentage, if any, by which
  417  such rate was increased pursuant to sub-subparagraph (c)2.b.
  418         b. If a noncharter county changes its election under this
  419  paragraph in order to discontinue requiring and collecting
  420  permit fees, the rate of the local communications services tax
  421  imposed by such jurisdiction pursuant to ss. 202.19 and 202.20
  422  may be increased by ordinance or resolution by an amount not to
  423  exceed 0.24 percent.
  424         3.a. Any change of election pursuant to this paragraph and
  425  any tax rate change resulting from such change of election shall
  426  be subject to the notice requirements of s. 202.21; however, no
  427  such change of election shall become effective prior to January
  428  1, 2003.
  429         b. Any county or municipality changing its election under
  430  this paragraph in order to exercise its authority to require and
  431  collect permit fees shall, in addition to complying with the
  432  notice requirements under s. 202.21, provide to all dealers
  433  providing communications services in such jurisdiction written
  434  notice of such change of election by September 1 immediately
  435  preceding the January 1 on which such change of election becomes
  436  effective. For purposes of this sub-subparagraph, dealers
  437  providing communications services in such jurisdiction shall
  438  include every dealer reporting tax to such jurisdiction pursuant
  439  to s. 202.37 on the return required under s. 202.27 to be filed
  440  on or before the 20th day of May immediately preceding the
  441  January 1 on which such change of election becomes effective.
  442         (k) Notwithstanding the provisions of s. 202.19, when a
  443  local communications services tax rate is changed as a result of
  444  an election made or changed under this subsection, such rate may
  445  shall not be rounded to tenths.
  446         (6)
  447         (e) This subsection does not alter any provision of this
  448  section or s. 202.24 relating to taxes, fees, or other charges
  449  or impositions by a municipality or county on a dealer of
  450  communications services or authorize that any charges be
  451  assessed on a dealer of communications services, except as
  452  specifically set forth herein. A municipality or county may not
  453  charge a pass-through provider any amounts other than the
  454  charges under this subsection as a condition to the placement or
  455  maintenance of a communications facility in the roads or rights
  456  of-way of a municipality or county by a pass-through provider,
  457  except that a municipality or county may impose permit fees on a
  458  pass-through provider consistent with paragraph (3)(c) if the
  459  municipality or county elects to exercise its authority to
  460  collect permit fees under paragraph (3)(c).
  461         (f) The charges under this subsection do not apply to
  462  communications facilities placed in a municipality’s or county’s
  463  rights-of-way prior to the effective date of this subsection
  464  with permission from the municipality or county, if any was
  465  required, except to the extent the facilities of a pass-through
  466  provider were subject to per linear foot or mile charges in
  467  effect as of October 1, 2001, in which case the municipality or
  468  county may only impose on a pass-through provider charges
  469  consistent with paragraph (b) or paragraph (c) for such
  470  facilities. Notwithstanding the foregoing, this subsection does
  471  not impair any written agreement between a pass-through provider
  472  and a municipality or county imposing per linear foot or mile
  473  charges for communications facilities placed in municipal or
  474  county roads or rights-of-way that is in effect prior to the
  475  effective date of this subsection. Upon the termination or
  476  expiration of any such written agreement, any charges imposed
  477  must shall be consistent with this section paragraph (b) or
  478  paragraph (c). Notwithstanding the foregoing, until October 1,
  479  2005, this subsection shall not affect a municipality or county
  480  continuing to impose charges in excess of the charges authorized
  481  in this subsection on facilities of a pass-through provider that
  482  is not a dealer of communications services in the state under
  483  chapter 202, but only to the extent such charges were imposed by
  484  municipal or county ordinance or resolution adopted prior to
  485  February 1, 2002. Effective October 1, 2005, any charges imposed
  486  shall be consistent with paragraph (b) or paragraph (c).
  487         (7)
  488         (b) As used in this subsection, the term:
  489         1. “Antenna” means communications equipment that transmits
  490  or receives electromagnetic radio frequency signals used in
  491  providing wireless services.
  492         2. “Applicable codes” means uniform building, fire,
  493  electrical, plumbing, or mechanical codes adopted by a
  494  recognized national code organization or local amendments to
  495  those codes enacted solely to address threats of destruction of
  496  property or injury to persons; the National Electric Safety
  497  Code; and the 2017 edition of the Department of Transportation
  498  Utility Accommodation Manual, or local codes or ordinances
  499  adopted to implement this subsection. The term includes
  500  objective design standards adopted by ordinance that may require
  501  a new utility pole that replaces an existing utility pole to be
  502  of substantially similar design, material, and color or that may
  503  require reasonable spacing requirements concerning the location
  504  of ground-mounted equipment. The term includes objective design
  505  standards adopted by ordinance that may require a small wireless
  506  facility to meet reasonable location context, color, stealth,
  507  and concealment requirements; however, such design standards may
  508  be waived by the authority upon a showing that the design
  509  standards are not reasonably compatible for the particular
  510  location of a small wireless facility or that the design
  511  standards impose an excessive expense. The waiver shall be
  512  granted or denied within 45 days after the date of the request.
  513         3. “Applicant” means a person who submits an application
  514  and is a wireless provider.
  515         4. “Application” means a request submitted by an applicant
  516  to an authority for a permit to collocate small wireless
  517  facilities or to place a new utility pole used to support a
  518  small wireless facility.
  519         5. “Authority” means a county or municipality having
  520  jurisdiction and control of the rights-of-way of any public
  521  road. The term does not include the Department of
  522  Transportation. Rights-of-way under the jurisdiction and control
  523  of the department are excluded from this subsection.
  524         6. “Authority utility pole” means a utility pole owned by
  525  an authority in the right-of-way. The term does not include a
  526  utility pole owned by a municipal electric utility, a utility
  527  pole used to support municipally owned or operated electric
  528  distribution facilities, or a utility pole located in the right
  529  of-way within:
  530         a. A retirement community that:
  531         (I) Is deed restricted as housing for older persons as
  532  defined in s. 760.29(4)(b);
  533         (II) Has more than 5,000 residents; and
  534         (III) Has underground utilities for electric transmission
  535  or distribution.
  536         b. A municipality that:
  537         (I) Is located on a coastal barrier island as defined in s.
  538  161.053(1)(b)3.;
  539         (II) Has a land area of less than 5 square miles;
  540         (III) Has less than 10,000 residents; and
  541         (IV) Has, before July 1, 2017, received referendum approval
  542  to issue debt to finance municipal-wide undergrounding of its
  543  utilities for electric transmission or distribution.
  544         7. “Collocate” or “collocation” means to install, mount,
  545  maintain, modify, operate, or replace one or more wireless
  546  facilities on, under, within, or adjacent to a wireless support
  547  structure or utility pole. The term does not include the
  548  installation of a new utility pole or wireless support structure
  549  in the public rights-of-way.
  550         8. “FCC” means the Federal Communications Commission.
  551         9. “Micro wireless facility” means a small wireless
  552  facility having dimensions no larger than 24 inches in length,
  553  15 inches in width, and 12 inches in height and an exterior
  554  antenna, if any, no longer than 11 inches.
  555         10. “Small wireless facility” means a wireless facility
  556  that meets the following qualifications:
  557         a. Each antenna associated with the facility is located
  558  inside an enclosure of no more than 6 cubic feet in volume or,
  559  in the case of antennas that have exposed elements, each antenna
  560  and all of its exposed elements could fit within an enclosure of
  561  no more than 6 cubic feet in volume; and
  562         b. All other wireless equipment associated with the
  563  facility is cumulatively no more than 28 cubic feet in volume.
  564  The following types of associated ancillary equipment are not
  565  included in the calculation of equipment volume: electric
  566  meters, concealment elements, telecommunications demarcation
  567  boxes, ground-based enclosures, grounding equipment, power
  568  transfer switches, cutoff switches, vertical cable runs for the
  569  connection of power and other services, and utility poles or
  570  other support structures.
  571         11. “Utility pole” means a pole or similar structure that
  572  is used in whole or in part to provide communications services
  573  or for electric distribution, lighting, traffic control,
  574  signage, or a similar function. The term includes the vertical
  575  support structure for traffic lights but does not include a
  576  horizontal structure to which signal lights or other traffic
  577  control devices are attached and does not include a pole or
  578  similar structure 15 feet in height or less unless an authority
  579  grants a waiver for such pole.
  580         12. “Wireless facility” means equipment at a fixed location
  581  which enables wireless communications between user equipment and
  582  a communications network, including radio transceivers,
  583  antennas, wires, coaxial or fiber-optic cable or other cables,
  584  regular and backup power supplies, and comparable equipment,
  585  regardless of technological configuration, and equipment
  586  associated with wireless communications. The term includes small
  587  wireless facilities. The term does not include:
  588         a. The structure or improvements on, under, within, or
  589  adjacent to the structure on which the equipment is collocated;
  590         b. Wireline backhaul facilities; or
  591         c. Coaxial or fiber-optic cable that is between wireless
  592  structures or utility poles or that is otherwise not immediately
  593  adjacent to or directly associated with a particular antenna.
  594         13. “Wireless infrastructure provider” means a person who
  595  has been certificated under chapter 364 to provide
  596  telecommunications service or certificated under chapter 610 to
  597  provide cable or video services in this state, or such person’s
  598  affiliate, in the state and who builds or installs wireless
  599  communication transmission equipment, wireless facilities, or
  600  wireless support structures but is not a wireless services
  601  provider.
  602         14. “Wireless provider” means a wireless infrastructure
  603  provider or a wireless services provider.
  604         15. “Wireless services” means any services provided using
  605  licensed or unlicensed spectrum, whether at a fixed location or
  606  mobile, using wireless facilities.
  607         16. “Wireless services provider” means a person who
  608  provides wireless services.
  609         17. “Wireless support structure” means a freestanding
  610  structure, such as a monopole, a guyed or self-supporting tower,
  611  or another existing or proposed structure designed to support or
  612  capable of supporting wireless facilities. The term does not
  613  include a utility pole, pedestal, or other support structure for
  614  ground-based equipment not mounted on a utility pole and less
  615  than 10 feet in height.
  616         (c) Except as provided in this subsection, an authority may
  617  not prohibit, regulate, or charge for the collocation of small
  618  wireless facilities in the public rights-of-way or for the
  619  installation, maintenance, modification, operation, or
  620  replacement of utility poles used for the collocation of small
  621  wireless facilities in the public rights-of-way.
  622         (d) An authority may require a registration process and
  623  permit fees in accordance with subsection (3). An authority
  624  shall accept applications for permits and shall process and
  625  issue permits subject to the following requirements:
  626         1. An authority may not directly or indirectly require an
  627  applicant to perform services unrelated to the collocation for
  628  which approval is sought, such as in-kind contributions to the
  629  authority, including reserving fiber, conduit, or pole space for
  630  the authority.
  631         2. An applicant may not be required to provide more
  632  information to obtain a permit than is necessary to demonstrate
  633  the applicant’s compliance with applicable codes for the
  634  placement of small wireless facilities in the locations
  635  identified in the application. An applicant may not be required
  636  to provide inventories, maps, or locations of communications
  637  facilities in the right-of-way other than as necessary to avoid
  638  interference with other at-grade or aerial facilities located at
  639  the specific location proposed for a small wireless facility or
  640  within 50 feet of such location.
  641         3. An authority may not:
  642         a. Require the placement of small wireless facilities on
  643  any specific utility pole or category of poles; or
  644         b. Require the placement of multiple antenna systems on a
  645  single utility pole;
  646         c.Except as provided in paragraph (7)(i), require a
  647  demonstration that collocation of a small wireless facility on
  648  an existing structure is not legally or technically possible as
  649  a condition for granting a permit for the collocation of a small
  650  wireless facility on a new utility pole;
  651         d.Require compliance with an authority’s provisions
  652  regarding placement of small wireless facilities or a new
  653  utility pole used to support a small wireless facility in
  654  rights-of-way under the control of the department, unless the
  655  authority has received a delegation from the department for the
  656  location of the small wireless facility or utility pole; or
  657  require such compliance as a condition to receive a permit that
  658  is ancillary to the permit for collocation of a small wireless
  659  facility, including an electrical permit;
  660         e.Require a meeting before filing an application;
  661         f.Require direct or indirect public notification or a
  662  public meeting for the placement of communication facilities in
  663  the right-of-way;
  664         g.Limit the size or configuration of a small wireless
  665  facility or any of its components, if the small wireless
  666  facility complies with the size limits in this subsection;
  667         h.Prohibit the installation of a new utility pole used to
  668  support the collocation of a small wireless facility if the
  669  installation otherwise meets the requirements of this
  670  subsection; or
  671         i.Except as provided in paragraph (7)(i), require that any
  672  component of a small wireless facility be placed underground.
  673         4. Subject to paragraph (r), an authority may not limit the
  674  placement, by minimum separation distances, of small wireless
  675  facilities, utility poles on which small wireless facilities are
  676  or will be collocated, or other at-grade communications
  677  facilities by minimum separation distances. However, within 14
  678  days after the date of filing the application, an authority may
  679  request that the proposed location of a small wireless facility
  680  be moved to another location in the right-of-way and placed on
  681  an alternative authority utility pole or support structure or
  682  placed on may place a new utility pole. The authority and the
  683  applicant may negotiate the alternative location, including any
  684  objective design standards and reasonable spacing requirements
  685  for ground-based equipment, for 30 days after the date of the
  686  request. At the conclusion of the negotiation period, if the
  687  alternative location is accepted by the applicant, the applicant
  688  must notify the authority of such acceptance and the application
  689  shall be deemed granted for any new location for which there is
  690  agreement and all other locations in the application. If an
  691  agreement is not reached, the applicant must notify the
  692  authority of such nonagreement and the authority must grant or
  693  deny the original application within 90 days after the date the
  694  application was filed. A request for an alternative location, an
  695  acceptance of an alternative location, or a rejection of an
  696  alternative location must be in writing and provided by
  697  electronic mail.
  698         5. An authority shall limit the height of a small wireless
  699  facility to 10 feet above the utility pole or structure upon
  700  which the small wireless facility is to be collocated. Unless
  701  waived by an authority, the height for a new utility pole is
  702  limited to the tallest existing utility pole as of July 1, 2017,
  703  located in the same right-of-way, other than a utility pole for
  704  which a waiver has previously been granted, measured from grade
  705  in place within 500 feet of the proposed location of the small
  706  wireless facility. If there is no utility pole within 500 feet,
  707  the authority shall limit the height of the utility pole to 50
  708  feet.
  709         6. Except as provided in subparagraphs 4. and 5., The
  710  installation by a communications services provider of a utility
  711  pole in the public rights-of-way, other than a utility pole used
  712  designed to support a small wireless facility, is shall be
  713  subject to authority rules or regulations governing the
  714  placement of utility poles in the public rights-of-way and shall
  715  be subject to the application review timeframes in this
  716  subsection.
  717         7. Within 14 days after receiving an application, an
  718  authority must determine and notify the applicant by electronic
  719  mail as to whether the application is complete. If an
  720  application is deemed incomplete, the authority must
  721  specifically identify the missing information. An application is
  722  deemed complete if the authority fails to provide notification
  723  to the applicant within 14 days.
  724         8. An application must be processed on a nondiscriminatory
  725  basis. A complete application is deemed approved if an authority
  726  fails to approve or deny the application within 60 days after
  727  receipt of the application. If an authority does not use the 30
  728  day negotiation period provided in subparagraph 4., the parties
  729  may mutually agree to extend the 60-day application review
  730  period. The authority shall grant or deny the application at the
  731  end of the extended period. A permit issued pursuant to an
  732  approved application shall remain effective for 1 year unless
  733  extended by the authority.
  734         9. An authority must notify the applicant of approval or
  735  denial by electronic mail. An authority shall approve a complete
  736  application unless it does not meet the authority’s applicable
  737  codes. If the application is denied, the authority must specify
  738  in writing the basis for denial, including the specific code
  739  provisions on which the denial was based, and send the
  740  documentation to the applicant by electronic mail on the day the
  741  authority denies the application. The applicant may cure the
  742  deficiencies identified by the authority and resubmit the
  743  application within 30 days after notice of the denial is sent to
  744  the applicant. The authority shall approve or deny the revised
  745  application within 30 days after receipt or the application is
  746  deemed approved. The review of a revised application is Any
  747  subsequent review shall be limited to the deficiencies cited in
  748  the denial. If an authority provides for administrative review
  749  of a denial of an application, the review must be completed and
  750  a written decision must be issued within 45 days after a written
  751  request for review is received. A denial must specify the
  752  specific code provisions on which the denial is based. If the
  753  administrative review is not complete within such period, the
  754  authority waives any claim regarding the failure to exhaust
  755  administrative remedies in any judicial review of the denial of
  756  an application.
  757         10. An applicant seeking to collocate small wireless
  758  facilities within the jurisdiction of a single authority may, at
  759  the applicant’s discretion, file a consolidated application and
  760  receive a single permit for the collocation of up to 30 small
  761  wireless facilities. If the application includes multiple small
  762  wireless facilities, an authority may separately address small
  763  wireless facility collocations for which incomplete information
  764  has been received or which are denied.
  765         11. An authority may deny an application to place a
  766  proposed collocation of a small wireless facility or a utility
  767  pole used to support a small wireless facility in the public
  768  rights-of-way if the proposed small wireless facility or utility
  769  pole collocation:
  770         a. Materially interferes with the safe operation of traffic
  771  control equipment.
  772         b. Materially interferes with sight lines or clear zones
  773  for transportation, pedestrians, or public safety purposes.
  774         c. Materially interferes with compliance with the Americans
  775  with Disabilities Act or similar federal or state standards
  776  regarding pedestrian access or movement.
  777         d. Materially fails to comply with the 2017 2010 edition of
  778  the Florida Department of Transportation Utility Accommodation
  779  Manual.
  780         e. Fails to comply with applicable codes.
  781         f.Fails to comply with objective design standards
  782  authorized under paragraph (r).
  783         12. An authority may adopt by ordinance provisions for
  784  insurance coverage, indemnification, performance bonds, security
  785  funds, force majeure, abandonment, authority liability, or
  786  authority warranties. Such provisions must be reasonable and
  787  nondiscriminatory. An authority may require a construction bond
  788  to secure restoration of the postconstruction rights-of-way to
  789  its preconstruction condition. However, such bond must be time
  790  limited to no more than 1 year after the construction to which
  791  the bond applies is completed. For any financial obligation
  792  required by an authority and authorized under this section, the
  793  authority shall accept a letter of credit or similar financial
  794  instrument issued by any financial institution that is
  795  authorized to do business within the United States, provided
  796  that a claim against the financial instrument may be made by
  797  electronic means, including by facsimile. A provider of
  798  communications services may add an authority to any existing
  799  bond, insurance policy, or other relevant financial instrument,
  800  and the authority must accept such proof of coverage without any
  801  conditions other than consent to venue for purposes of any
  802  litigation to which the authority is a party. An authority may
  803  not require a communications services provider to indemnify it
  804  for liabilities not caused by the provider, including
  805  liabilities arising from the authority’s negligence, gross
  806  negligence, or willful conduct.
  807         13. Collocation of a small wireless facility on an
  808  authority utility pole does not provide the basis for the
  809  imposition of an ad valorem tax on the authority utility pole.
  810         14. An authority may reserve space on authority utility
  811  poles for future public safety uses. However, a reservation of
  812  space may not preclude collocation of a small wireless facility.
  813  If replacement of the authority utility pole is necessary to
  814  accommodate the collocation of the small wireless facility and
  815  the future public safety use, the pole replacement is subject to
  816  make-ready provisions and the replaced pole shall accommodate
  817  the future public safety use.
  818         15. A structure granted a permit and installed pursuant to
  819  this subsection shall comply with chapter 333 and federal
  820  regulations pertaining to airport airspace protections.
  821         (e) An authority may not require any permit or other
  822  approval or require fees, or other charges, costs, or other
  823  exactions for:
  824         1. Routine maintenance or repair work, including, but not
  825  limited to, emergency repairs of existing facilities or
  826  extensions of such facilities for providing communications
  827  services to customers;
  828         2. Replacement of existing wireless facilities with
  829  wireless facilities that are substantially similar or of the
  830  same or smaller size; or
  831         3. Installation, placement, maintenance, or replacement of
  832  micro wireless facilities that are suspended on cables strung
  833  between existing utility poles in compliance with applicable
  834  codes by or for a communications services provider authorized to
  835  occupy the rights-of-way and who is remitting taxes under
  836  chapter 202. An authority may require an initial letter from or
  837  on behalf of such provider attesting that the micro wireless
  838  facility dimensions comply with the limits of this subsection.
  839  Such letter is effective upon filing. The authority may not
  840  require any additional filing or other information as long as
  841  the provider is deploying the same, a substantially similar, or
  842  a smaller size micro wireless facility equipment.
  843  
  844  Notwithstanding this paragraph, an authority may require a
  845  right-of-way permit for work that involves excavation, closure
  846  of a sidewalk, or closure of a vehicular lane or parking lane,
  847  unless the provider is performing service restoration on an
  848  existing facility and the work is done in compliance with the
  849  2017 edition of the Department of Transportation Utility
  850  Accommodation Manual. An authority may require notice of such
  851  work within 30 days after restoration and may require an after
  852  the-fact permit for work that would otherwise have required a
  853  permit.
  854         (f) Collocation of small wireless facilities on authority
  855  utility poles is subject to the following requirements:
  856         1. An authority may not enter into an exclusive arrangement
  857  with any person for the right to attach equipment to authority
  858  utility poles.
  859         2. The rates and fees for collocations on authority utility
  860  poles must be nondiscriminatory, regardless of the services
  861  provided by the collocating person.
  862         3. The rate to collocate small wireless facilities on an
  863  authority utility pole may not exceed $150 per pole annually.
  864         4. Agreements between authorities and wireless providers
  865  that are in effect on July 1, 2017, and that relate to the
  866  collocation of small wireless facilities in the right-of-way,
  867  including the collocation of small wireless facilities on
  868  authority utility poles, remain in effect, subject to applicable
  869  termination provisions. The wireless provider may accept the
  870  rates, fees, and terms established under this subsection for
  871  small wireless facilities and utility poles that are the subject
  872  of an application submitted after the rates, fees, and terms
  873  become effective.
  874         5. A person owning or controlling an authority utility pole
  875  shall offer rates, fees, and other terms that comply with this
  876  subsection. By the later of January 1, 2018, or 3 months after
  877  receiving a request to collocate its first small wireless
  878  facility on a utility pole owned or controlled by an authority,
  879  the person owning or controlling the authority utility pole
  880  shall make available, through ordinance or otherwise, rates,
  881  fees, and terms for the collocation of small wireless facilities
  882  on the authority utility pole which comply with this subsection.
  883         a. The rates, fees, and terms must be nondiscriminatory and
  884  competitively neutral and must comply with this subsection.
  885         b. For an authority utility pole that supports an aerial
  886  facility used to provide communications services or electric
  887  service, the parties shall comply with the process for make
  888  ready work under 47 U.S.C. s. 224 and implementing regulations.
  889  The good faith estimate of the person owning or controlling the
  890  pole for any make-ready work necessary to enable the pole to
  891  support the requested collocation must include pole replacement
  892  if necessary.
  893         c. For an authority utility pole that does not support an
  894  aerial facility used to provide communications services or
  895  electric service, the authority shall provide a good faith
  896  estimate for any make-ready work necessary to enable the pole to
  897  support the requested collocation, including necessary pole
  898  replacement, within 60 days after receipt of a complete
  899  application. Make-ready work, including any pole replacement,
  900  must be completed within 60 days after written acceptance of the
  901  good faith estimate by the applicant. Alternatively, an
  902  authority may require the applicant seeking to collocate a small
  903  wireless facility to provide a make-ready estimate at the
  904  applicant’s expense for the work necessary to support the small
  905  wireless facility, including pole replacement, and perform the
  906  make-ready work. If pole replacement is required, the scope of
  907  the make-ready estimate is limited to the design, fabrication,
  908  and installation of a utility pole that is substantially similar
  909  in color and composition. The authority may not condition or
  910  restrict the manner in which the applicant obtains, develops, or
  911  provides the estimate or conducts the make-ready work subject to
  912  usual construction restoration standards for work in the right
  913  of-way. The replaced or altered utility pole shall remain the
  914  property of the authority.
  915         d. An authority may not require more make-ready work than
  916  is required to meet applicable codes or industry standards. Fees
  917  for make-ready work may not include costs related to preexisting
  918  damage or prior noncompliance. Fees for make-ready work,
  919  including any pole replacement, may not exceed actual costs or
  920  the amount charged to communications services providers other
  921  than wireless services providers for similar work and may not
  922  include any consultant fee or expense.
  923         (g) For any applications filed before the effective date of
  924  ordinances implementing this subsection, an authority may apply
  925  current ordinances relating to placement of communications
  926  facilities in the right-of-way related to registration,
  927  permitting, insurance coverage, indemnification, performance
  928  bonds, security funds, force majeure, abandonment, authority
  929  liability, or authority warranties. Permit application
  930  requirements and small wireless facility placement requirements,
  931  including utility pole height limits, that conflict with this
  932  subsection must shall be waived by the authority. An authority
  933  may not institute, either expressly or de facto, a moratorium, a
  934  zoning-in-progress, or any other mechanism that would prohibit
  935  or delay the filing, receiving, or processing of registrations,
  936  applications, or issuing of permits or other approvals for the
  937  collocation of small wireless facilities or the installation,
  938  modification, or replacement of utility poles used to support
  939  the collocation of small wireless facilities.
  940         (i)1.In an area where an authority has required all public
  941  utility lines in the right-of-way to be placed underground, a
  942  wireless provider shall comply with written, objective,
  943  reasonable, and nondiscriminatory requirements that prohibit new
  944  utility poles used to support small wireless facilities, if:
  945         a.The authority has required all public utility lines to
  946  be placed underground at least 3 months before the submission of
  947  the application; and
  948         b.Structures the authority allows to remain above ground
  949  are reasonably available to wireless providers for the
  950  collocation of small wireless facilities and may be replaced by
  951  a wireless provider to accommodate the collocation of small
  952  wireless facilities.
  953         2.A wireless provider may install a new utility pole in
  954  the designated area in the right-of-way which otherwise complies
  955  with this subsection if it is not reasonably able to provide
  956  wireless service by collocating on a remaining utility pole or
  957  other structure in the right-of-way.
  958         3.For small wireless facilities installed before an
  959  authority adopts a requirement that public utility lines be
  960  placed underground, an authority adopting such requirement
  961  shall:
  962         a.Permit a wireless provider to maintain the small
  963  wireless facilities in place, subject to any applicable pole
  964  attachment agreement with the pole owner; or
  965         b.Permit the wireless provider to replace the associated
  966  pole within 50 feet of the prior location A wireless provider
  967  shall, in relation to a small wireless facility, utility pole,
  968  or wireless support structure in the public rights-of-way,
  969  comply with nondiscriminatory undergrounding requirements of an
  970  authority that prohibit above-ground structures in public
  971  rights-of-way. Any such requirements may be waived by the
  972  authority.
  973         (r)An authority may require wireless providers to comply
  974  with objective design standards adopted by ordinance. The
  975  ordinance may only require:
  976         1.A new utility pole that replaces an existing utility
  977  pole to be of substantially similar design, material, and color;
  978         2.Reasonable spacing concerning the location of a ground
  979  mounted component of a small wireless facility which does not
  980  exceed 15 feet from the associated support structure;
  981         3.A small wireless facility to meet reasonable location
  982  context, color, camouflage, and concealment requirements,
  983  subject to the limitations of this subsection; and
  984         4.A new utility pole used to support a small wireless
  985  facility to meet reasonable location context, color, and
  986  material of the predominant utility pole type at the proposed
  987  location of the new utility pole.
  988  
  989  The design standards under this paragraph may be waived by the
  990  authority upon a showing that the design standards are not
  991  reasonably compatible for the particular location of a small
  992  wireless facility or utility pole, are technically infeasible,
  993  or impose an excessive expense. The waiver must be granted or
  994  denied within 45 days after the date of the request.
  995         (8)(a)Any person aggrieved by a violation of this section
  996  may bring a civil action in a United States District Court or in
  997  any other court of competent jurisdiction.
  998         (b)The court may:
  999         1.Grant temporary or permanent injunctions on terms as it
 1000  may deem reasonable to prevent or restrain violations of this
 1001  section; and
 1002         2.Direct the recovery of full costs, including awarding
 1003  reasonable attorney fees, to the prevailing party.
 1004         Section 3. The Legislature intends that this act not be
 1005  construed to delay the issuance of permits for other utility
 1006  work, including, but not limited to, those related to
 1007  electricity and gas work in the rights-of-way. All utility work
 1008  under chapter 337, Florida Statutes, must comply with the 2017
 1009  edition of the Department of Transportation Utility
 1010  Accommodation Manual.
 1011         Section 4. This act shall take effect July 1, 2019.
 1012  
 1013  ================= T I T L E  A M E N D M E N T ================
 1014  And the title is amended as follows:
 1015         Delete everything before the enacting clause
 1016  and insert:
 1017                        A bill to be entitled                      
 1018         An act relating to communications services; amending
 1019         s. 202.20, F.S.; conforming a cross-reference;
 1020         amending s. 337.401, F.S.; revising legislative
 1021         intent; providing that a municipality or county may
 1022         only require specified registration information of
 1023         communications services providers that place or seek
 1024         to place facilities in roads or rights-of-way;
 1025         specifying limitations on, and prohibited and
 1026         authorized acts by, municipalities and counties
 1027         relating to registrations, registration renewals, and
 1028         permit applications of communications services
 1029         providers; prohibiting municipalities and counties
 1030         from certain actions relating to communications
 1031         facilities and communications services; prohibiting
 1032         municipalities and counties that elected not to
 1033         require permit fees as of a certain date from imposing
 1034         such fees; deleting provisions relating to such
 1035         elections; adding activities for which permit fees may
 1036         not be imposed; providing that a municipality’s or
 1037         county’s failure to provide a certain notice of
 1038         proposed ordinance to the Secretary of State suspends
 1039         enforcement of the ordinance for a certain timeframe;
 1040         specifying a condition for certain in-kind
 1041         compensation required or solicited by municipalities
 1042         or counties; specifying prohibited and authorized
 1043         permit requirements by municipalities and counties for
 1044         certain communications facility activities; specifying
 1045         requirements for certain rules and regulations
 1046         relating to occupation of roads or rights-of-way;
 1047         deleting an obsolete provision; revising definitions
 1048         under the Advanced Wireless Infrastructure Deployment
 1049         Act; prohibiting authorities from prohibiting,
 1050         regulating, or charging for certain activities
 1051         relating to certain utility poles; prohibiting
 1052         authorities from requiring certain information or
 1053         conditions from permit applicants relating to small
 1054         wireless facilities and utility poles used to support
 1055         such facilities; revising applicability of authority
 1056         rules or regulations as to utility poles; specifying
 1057         requirements and procedures for the administrative
 1058         review of application denials; revising and specifying
 1059         bases on which authorities may deny applications
 1060         relating to small wireless facilities and certain
 1061         utility poles; revising the authority of authorities
 1062         relating to bonding, security, and indemnification
 1063         requirements; specifying and revising prohibited acts
 1064         of authorities relating to permitting requirements and
 1065         charges; authorizing authorities to require certain
 1066         filings and notices under certain circumstances;
 1067         prohibiting certain actions by authorities which would
 1068         prohibit or delay certain permits or approvals;
 1069         revising requirements for wireless providers in
 1070         complying with certain undergrounding requirements;
 1071         providing an exception; specifying requirements for an
 1072         authority relating to small wireless facilities
 1073         installed before the authority adopts a certain
 1074         requirement; authorizing authorities to require
 1075         wireless providers to comply with specified objective
 1076         design standards; authorizing authorities to waive
 1077         such standards under certain circumstances; requiring
 1078         that such waiver be granted or denied within a certain
 1079         timeframe; authorizing a civil remedy for persons
 1080         aggrieved by certain violations; authorizing the court
 1081         to grant certain remedies; providing legislative
 1082         intent; requiring certain utility work to comply with
 1083         certain standards; providing an effective date.