SENATE AMENDMENT

    Bill No. CS for SB 1008

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Gutman moved the following substitute for amendment

12  (704996):

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14         Senate Amendment (with title amendment) 

15         On page 11, between lines 25 and 26,

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17  insert:

18         Section 4.  Subsection (10) is added to section

19  337.401, Florida Statutes, 1998 Supplement, to read:

20         337.401  Use of right-of-way for utilities subject to

21  regulation; permit; fees.--

22         (10)(a)  Pay telephone service providers are authorized

23  to occupy public roads and rights-of-way for the purpose of

24  providing pay telephone service to the public, subject to

25  reasonable rules or regulations promulgated by the authority;

26  however, such rules or regulations shall not conflict with the

27  rules or regulations of the Florida Public Service Commission

28  or chapter 364.

29         (b)  Notwithstanding the provisions of subsections (3)

30  and (4), if a municipality requires a pay telephone service

31  provider to pay a fee or other consideration as a condition

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1008

    Amendment No.    





 1  for granting permission to occupy municipal streets and

 2  rights-of-way for placement of pay telephones, such fee or

 3  consideration may not exceed 10 percent of gross operating

 4  revenues for services provided by pay telephones located on

 5  such municipal streets and rights-of-way. Included within such

 6  10 percent maximum fee or consideration are all taxes,

 7  licenses, fees, in-kind contributions accepted pursuant to

 8  subsection (5), and other impositions except ad valorem taxes

 9  and amounts for assessments for special benefits, such as

10  sidewalks, street pavings, and similar improvements, and

11  occupational license taxes levied or imposed by a municipality

12  upon the pay telephone service provider.

13         (c)  This section does not impair any ordinance or

14  agreement in effect on May 22, 1998, nor does it affect fees

15  or consideration, if any, required for placement of pay

16  telephones on property other than streets and rights-of-way.

17         (d)  Notwithstanding the provisions of subsection (7),

18  those pay telephones installed pursuant to an existing

19  franchise agreement must comply with this act upon expiration

20  of the franchise agreement.

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22  (Redesignate subsequent sections.)

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25  ================ T I T L E   A M E N D M E N T ===============

26  And the title is amended as follows:

27         On page 1, line 14, after the semicolon

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29  insert:

30         amending s. 337.401, F.S.; authorizing pay

31         telephone service providers to occupy public

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    11:42 AM   04/26/99                             s1008c1c-3426y




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1008

    Amendment No.    





 1         roads and rights-of-way under specified

 2         conditions; limiting the amount of certain fees

 3         required by municipalities; providing

 4         applicability;

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