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)
  126  337.401(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 name and 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.
  233         1.It is the intention of the state to treat all providers
  234  of communications services that use or occupy municipal or
  235  charter county roads or rights-of-way for the provision of
  236  communications services in a nondiscriminatory and competitively
  237  neutral manner with respect to the payment of permit fees.
  238  Certain providers of communications services have been granted
  239  by general law the authority to offset permit fees against
  240  franchise or other fees while other providers of communications
  241  services have not been granted this authority. In order to treat
  242  all providers of communications services in a nondiscriminatory
  243  and competitively neutral manner with respect to the payment of
  244  permit fees, each municipality and charter county shall make an
  245  election under either sub-subparagraph a. or sub-subparagraph b.
  246  and must inform the Department of Revenue of the election by
  247  certified mail by July 16, 2001. Such election shall take effect
  248  October 1, 2001.
  249         a.(I)The municipality or charter county may require and
  250  collect permit fees from any providers of communications
  251  services that use or occupy municipal or county roads or rights
  252  of-way. All fees authorized permitted under this paragraph sub
  253  subparagraph must 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  authorized permitted under this paragraph sub-subparagraph may
  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
  266  permitted under this paragraph sub-subparagraph, the prevailing
  267  party may recover court costs and attorney attorney’s fees 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 paragraph sub-subparagraph may 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 of
  282  communications services, for any municipality or charter county
  283  that elects to exercise its authority to require and collect
  284  permit fees under this sub-subparagraph, the rate of the local
  285  communications services tax imposed by such jurisdiction, as
  286  computed under s. 202.20, shall automatically be reduced by a
  287  rate of 0.12 percent.
  288         b.Alternatively, the municipality or charter county may
  289  elect not to require and collect permit fees from any provider
  290  of communications services that uses or occupies municipal or
  291  charter county roads or rights-of-way for the provision of
  292  communications services; however, each municipality or charter
  293  county that elects to operate under this sub-subparagraph
  294  retains all authority to establish rules and regulations for
  295  providers of communications services to use or occupy roads or
  296  rights-of-way as provided in this section.
  297         1. If a municipality or charter county elects to not
  298  require permit fees operate 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 county
  303  elects to increase its rate effective October 1, 2001, the
  304  municipality or charter county shall inform the department of
  305  such increased rate by certified mail postmarked on or before
  306  July 16, 2001.
  307         c.A municipality or charter county that does not make an
  308  election as provided for in this subparagraph shall be presumed
  309  to have elected to operate under the provisions of sub
  310  subparagraph b.
  311         2.Each noncharter county shall make an election under
  312  either sub-subparagraph a. or sub-subparagraph b. and shall
  313  inform the Department of Revenue of the election by certified
  314  mail by July 16, 2001. Such election shall take effect October
  315  1, 2001.
  316         a.The noncharter county may elect to require and collect
  317  permit fees from any providers of communications services that
  318  use or occupy noncharter county roads or rights-of-way. All fees
  319  permitted under this sub-subparagraph must be reasonable and
  320  commensurate with the direct and actual cost of the regulatory
  321  activity, including issuing and processing permits, plan
  322  reviews, physical inspection, and direct administrative costs;
  323  must be demonstrable; and must be equitable among users of the
  324  roads or rights-of-way. A fee permitted under this sub
  325  subparagraph may not: be offset against the tax imposed under
  326  chapter 202; include the costs of roads or rights-of-way
  327  acquisition or roads or rights-of-way rental; include any
  328  general administrative, management, or maintenance costs of the
  329  roads or rights-of-way; or be based on a percentage of the value
  330  or costs associated with the work to be performed on the roads
  331  or rights-of-way. In an action to recover amounts due for a fee
  332  not permitted under this sub-subparagraph, the prevailing party
  333  may recover court costs and attorney’s fees at trial and on
  334  appeal. In addition to the limitations set forth in this
  335  section, a fee levied by a noncharter county under this sub
  336  subparagraph may not exceed $100. However, permit fees may not
  337  be imposed with respect to permits that may be required for
  338  service drop lines not required to be noticed under s.
  339  556.108(5)(a)2. or for any activity that does not require the
  340  physical disturbance of the roads or rights-of-way or does not
  341  impair access to or full use of the roads or rights-of-way.
  342         b.Alternatively, the noncharter county may elect not to
  343  require and collect permit fees from any provider of
  344  communications services that uses or occupies noncharter county
  345  roads or rights-of-way for the provision of communications
  346  services; however, each noncharter county that elects to operate
  347  under this sub-subparagraph shall retain all authority to
  348  establish rules and regulations for providers of communications
  349  services to use or occupy roads or rights-of-way as provided in
  350  this section.
  351         2. If a noncharter county elects to not require permit fees
  352  operate 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 rate
  359  effective October 1, 2001, the noncharter county shall inform
  360  the department of such increased rate by certified mail
  361  postmarked on or before July 16, 2001.
  362         c.A noncharter county that does not make an election as
  363  provided for in this subparagraph shall be presumed to have
  364  elected to operate under the provisions of sub-subparagraph b.
  365         3.Except as provided in this paragraph, municipalities and
  366  counties retain all existing authority to require and collect
  367  permit fees from users or occupants of municipal or county roads
  368  or 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 to or s.
  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 municipality
  485  may by ordinance change either its election made on or before
  486  July 16, 2001, under paragraph (c) or an election made under
  487  this paragraph.
  488         1.a.If a municipality or charter county changes its
  489  election under this paragraph in order to exercise its authority
  490  to require and collect permit fees in accordance with this
  491  subsection, the rate of the local communications services tax
  492  imposed by such jurisdiction pursuant to ss. 202.19 and 202.20
  493  shall automatically be reduced by the sum of 0.12 percent plus
  494  the percentage, if any, by which such rate was increased
  495  pursuant to sub-subparagraph (c)1.b.
  496         b.If a municipality or charter county changes its election
  497  under this paragraph in order to discontinue requiring and
  498  collecting permit fees, the rate of the local communications
  499  services tax imposed by such jurisdiction pursuant to ss. 202.19
  500  and 202.20 may be increased by ordinance or resolution by an
  501  amount not to exceed 0.24 percent.
  502         2.a.If a noncharter county changes its election under this
  503  paragraph in order to exercise its authority to require and
  504  collect permit fees in accordance with this subsection, the rate
  505  of the local communications services tax imposed by such
  506  jurisdiction pursuant to ss. 202.19 and 202.20 shall
  507  automatically be reduced by the percentage, if any, by which
  508  such rate was increased pursuant to sub-subparagraph (c)2.b.
  509         b.If a noncharter county changes its election under this
  510  paragraph in order to discontinue requiring and collecting
  511  permit fees, the rate of the local communications services tax
  512  imposed by such jurisdiction pursuant to ss. 202.19 and 202.20
  513  may be increased by ordinance or resolution by an amount not to
  514  exceed 0.24 percent.
  515         3.a.Any change of election pursuant to this paragraph and
  516  any tax rate change resulting from such change of election shall
  517  be subject to the notice requirements of s. 202.21; however, no
  518  such change of election shall become effective prior to January
  519  1, 2003.
  520         b.Any county or municipality changing its election under
  521  this paragraph in order to exercise its authority to require and
  522  collect permit fees shall, in addition to complying with the
  523  notice requirements under s. 202.21, provide to all dealers
  524  providing communications services in such jurisdiction written
  525  notice of such change of election by September 1 immediately
  526  preceding the January 1 on which such change of election becomes
  527  effective. For purposes of this sub-subparagraph, dealers
  528  providing communications services in such jurisdiction shall
  529  include every dealer reporting tax to such jurisdiction pursuant
  530  to s. 202.37 on the return required under s. 202.27 to be filed
  531  on or before the 20th day of May immediately preceding the
  532  January 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
  536  shall not 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 the
  580  municipality or county elects to exercise its authority to
  581  collect 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  must shall be consistent with this section paragraph (b) or
  599  paragraph (c). Notwithstanding the foregoing, until October 1,
  600  2005, this subsection shall not affect a municipality or county
  601  continuing to impose charges in excess of the charges authorized
  602  in this subsection on facilities of a pass-through provider that
  603  is not a dealer of communications services in the state under
  604  chapter 202, but only to the extent such charges were imposed by
  605  municipal or county ordinance or resolution adopted prior to
  606  February 1, 2002. Effective October 1, 2005, any charges imposed
  607  shall 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 Manual or
  620  local codes or ordinances adopted to implement this subsection.
  621  The term includes objective design standards adopted by
  622  ordinance that may require a new utility pole that replaces an
  623  existing utility pole to be of substantially similar design,
  624  material, and color or that may require reasonable spacing
  625  requirements concerning the location of ground-mounted
  626  equipment. The term includes objective design standards adopted
  627  by ordinance that may require a small wireless facility to meet
  628  reasonable location context, color, stealth, and concealment
  629  requirements; however, such design standards may be waived by
  630  the authority upon a showing that the design standards are not
  631  reasonably compatible for the particular location of a small
  632  wireless facility or that the design standards impose an
  633  excessive expense. The waiver shall be granted or denied within
  634  45 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 service in the state or 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; or
  765         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  facilities by 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 on may place a 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
  833  designed to support a small wireless facility, is shall be
  834  subject to authority rules or regulations governing the
  835  placement of utility poles in the public rights-of-way and shall
  836  be subject to the application review timeframes in this
  837  subsection.
  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 is Any
  868  subsequent review shall be limited 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 collocate a
  886  proposed collocation of a 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
  890  collocation:
  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 2017 2010 edition 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, security
  906  funds, 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, performance
 1050  bonds, 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 must shall be 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 small
 1090  wireless facility, utility pole, or wireless support structure
 1091  in the public rights-of-way, comply with nondiscriminatory
 1092  undergrounding requirements of an authority that prohibit above
 1093  ground structures in public rights-of-way. Any such requirements
 1094  may 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.