CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 1610
Amendment No. 1 Barcode 204730
CHAMBER ACTION
Senate House
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11 The Committee on Comprehensive Planning, Local and Military
12 Affairs recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 On page 8, line 30, through
16 page 10, line 23, delete those lines
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18 and insert:
19 Section 7. Paragraph (j) of subsection (3) and
20 subsection (6) of 337.401, Florida Statutes, are amended to
21 read:
22 337.401 Use of right-of-way for utilities subject to
23 regulation; permit; fees.--
24 (3)
25 (j) Pursuant to this paragraph, any county or
26 municipality may by ordinance change either its election made
27 on or before July 16, 2001, under paragraph (c) or an election
28 made under this paragraph.
29 1.a. If a municipality or charter county changes its
30 election under this paragraph in order to exercise its
31 authority to require and collect permit fees in accordance
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SENATE AMENDMENT
Bill No. CS for SB 1610
Amendment No. 1 Barcode 204730
1 with this subsection, the rate of the local communications
2 services tax imposed by such jurisdiction pursuant to ss.
3 202.19 and 202.20 shall automatically be reduced by the sum of
4 0.12 percent plus the percentage, if any, by which such rate
5 was increased pursuant to sub-subparagraph (c)1.b.
6 b. If a municipality or charter county changes its
7 election under this paragraph in order to discontinue
8 requiring and collecting permit fees, the rate of the local
9 communications services tax imposed by such jurisdiction
10 pursuant to ss. 202.19 and 202.20 may be increased by
11 ordinance or resolution by an amount not to exceed 0.24
12 percent.
13 2.a. If a noncharter county changes its election under
14 this paragraph in order to exercise its authority to require
15 and collect permit fees in accordance with this subsection,
16 the rate of the local communications services tax imposed by
17 such jurisdiction pursuant to ss. 202.19 and 202.20 shall
18 automatically be reduced by the percentage, if any, by which
19 such rate was increased pursuant to sub-subparagraph (c)2.b.
20 b. If a noncharter county changes its election under
21 this paragraph in order to discontinue requiring and
22 collecting permit fees, the rate of the local communications
23 services tax imposed by such jurisdiction pursuant to ss.
24 202.19 and 202.20 may be increased by ordinance or resolution
25 by an amount not to exceed 0.24 percent.
26 3.a. Any change of election pursuant to this paragraph
27 and any tax rate change resulting from such change of election
28 shall be subject to the notice requirements of s. 202.21;
29 however, no such change of election shall become effective
30 prior to January 1, 2003.
31 b. Any county or municipality changing its election
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SENATE AMENDMENT
Bill No. CS for SB 1610
Amendment No. 1 Barcode 204730
1 under this paragraph in order to exercise its authority to
2 require and collect permit fees shall, in addition to
3 complying with the notice requirements under s. 202.21,
4 provide to all dealers providing communications services in
5 such jurisdiction written notice of such change of election by
6 September July 1 immediately preceding the January 1 on which
7 such change of election becomes effective. For purposes of
8 this sub-subparagraph, dealers providing communications
9 services in such jurisdiction shall include every dealer
10 reporting tax to such jurisdiction pursuant to s. 202.37 on
11 the return required under s. 202.27 to be filed on or before
12 the 20th day of May immediately preceding the January 1 on
13 which such change of election becomes effective.
14 (6)
15 (a) As used in this subsection, the term:
16 1. "Pass-through provider" means any person who places
17 or maintains a communications facility in the roads or
18 rights-of-way of a municipality or county that levies a tax
19 pursuant to chapter 202 and who does not remit taxes imposed
20 by that municipality or county pursuant to chapter 202.
21 2. "Communications facility" means a facility that may
22 be used to provide communications services. Multiple cables,
23 conduits, strands, or fibers located within the same conduit
24 shall be considered one communications facility for purposes
25 of this subsection.
26 (b) A municipality that levies a tax pursuant to
27 chapter 202 may charge a pass-through provider that places or
28 maintains a communications facility in the municipality's
29 roads or rights-of-way an annual amount not to exceed $500 per
30 linear mile or portion thereof. A municipality's roads or
31 rights-of-way do not include roads or rights-of-way that
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SENATE AMENDMENT
Bill No. CS for SB 1610
Amendment No. 1 Barcode 204730
1 extend in or through the municipality but are state, county,
2 or another authority's roads or rights-of-way.
3 (c) A county that levies a tax pursuant to chapter 202
4 may charge a pass-through provider that places or maintains a
5 communications facility in the county's roads or
6 rights-of-way, including county roads or rights-of-way within
7 a municipality in the county, an annual amount not to exceed
8 $500 per linear mile or portion thereof. However, a county
9 shall not impose a charge for any linear miles, or portions
10 thereof, of county roads or rights-of-way where a
11 communications facility is placed that extend through any
12 municipality within the county to which the pass-through
13 provider remits a tax imposed pursuant to chapter 202. A
14 county's roads or rights-of-way do not include roads or
15 rights-of-way that extend in or through the county but are
16 state, municipal, or another authority's roads or
17 rights-of-way.
18 (d) The amounts charged pursuant to this subsection
19 shall be based on the linear miles of roads or rights-of-way
20 where a communications facility is placed, not based on a
21 summation of the lengths of individual cables, conduits,
22 strands, or fibers. The amounts referred to in this subsection
23 may be charged only once annually and only to one person
24 annually for any communications facility. A municipality or
25 county shall discontinue charging such amounts to a person
26 that has ceased to be a pass-through provider. Any annual
27 amounts charged shall be reduced for a prorated portion of any
28 12-month period during which the person remits taxes imposed
29 by the municipality or county pursuant to chapter 202. Any
30 excess amounts paid to a municipality or county shall be
31 refunded to the person upon written notice of the excess to
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SENATE AMENDMENT
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Amendment No. 1 Barcode 204730
1 the municipality or county.
2 (e) This subsection does not alter any provision of
3 this section or s. 202.24 relating to taxes, fees, or other
4 charges or impositions by a municipality or county on a dealer
5 of communications services or authorize that any charges be
6 assessed on a dealer of communications services, except as
7 specifically set forth in this subsection. A municipality or
8 county may not charge a pass-through provider any amounts
9 other than the charges under this subsection as a condition to
10 the placement or maintenance of a communications facility in
11 the roads or rights-of-way of a municipality or county by a
12 pass-through provider, except that a municipality or county
13 may impose permit fees on a pass-through provider consistent
14 with paragraph (3)(c) if the municipality or county elects to
15 exercise its authority to collect permit fees under paragraph
16 (3)(c).
17 (f) The charges under this subsection do not apply to
18 communications facilities placed in a municipality's or
19 county's rights-of-way before the effective date of this
20 subsection with permission from the municipality or county, if
21 any was required, except to the extent the facilities of a
22 pass-through provider were subject to per linear foot or mile
23 charges in effect as of October 1, 2001, in which case the
24 municipality or county may only impose on a pass-through
25 provider charges consistent with paragraph (b) or paragraph
26 (c) for such facilities. Notwithstanding the foregoing, this
27 subsection does not impair any written agreement between a
28 pass-through provider and a municipality or county imposing
29 per-linear-foot or per-mile charges for communications
30 facilities placed in municipal or county roads or
31 rights-of-way which was in effect before the effective date of
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SENATE AMENDMENT
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1 this subsection. Upon the termination or expiration of any
2 such written agreement, any charges imposed must be consistent
3 with paragraph (b) or paragraph (c). Notwithstanding the
4 foregoing, until October 1, 2005, this subsection shall not
5 affect a municipality or county continuing to impose charges
6 in excess of the charges authorized in this subsection on
7 facilities of a pass-through provider that is not a dealer of
8 communications services in the state under chapter 202, but
9 only to the extent such charges were imposed by municipal or
10 county ordinance or resolution adopted before February 1,
11 2002. Effective October 1, 2005, any charges imposed must be
12 consistent with paragraph (b) or paragraph (c).
13 (g) The charges authorized in this subsection shall
14 not be applied with respect to any communications facility
15 that is used exclusively for the internal communications of an
16 electric utility or other person in the business of
17 transmitting or distributing electric energy. If a
18 municipality or county imposes any amount on a person or
19 entity other than a provider of communications services in
20 connection with the placement or maintenance by such person or
21 entity of a communication facility in municipal or county
22 roads or rights-of-way, such amounts, if any, shall not exceed
23 the highest amount, if any, the municipality or county is
24 imposing in such context as of the date this act becomes a
25 law. If a municipality or county is not imposing any amount
26 in such context as of the date this act becomes a law, any
27 amount, if any, imposed thereafter, shall not be less than
28 $500 per linear mile, payable annually, of any cable, fiber
29 optic, or other pathway that makes physical use of the
30 municipal or county right-of-way. Any excess of $500 shall be
31 applied in a nondiscriminatory manner and shall not exceed the
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SENATE AMENDMENT
Bill No. CS for SB 1610
Amendment No. 1 Barcode 204730
1 sum of:
2 (a) Costs directly related to the inconvenience or
3 impairment solely caused by the disturbance to the municipal
4 or county right-of-way;
5 (b) The reasonable cost of the regulatory activity of
6 the municipality or county; and
7 (c) The proportionate share of cost of land for such
8 street, alley, or other public way attributable to utilization
9 of the right-of-way by a person or entity other than a
10 provider of communications services.
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12 For purposes of this subsection, the term communications
13 facility shall not include communications facilities owned,
14 operated, or used by electric utilities or regional
15 transmission organizations exclusively for internal
16 communications purposes. Except as specifically provided
17 herein, municipalities and counties retain all existing
18 authority, if any, to collect fees relating to public roads
19 and rights-of-way from electric utilities or regional
20 transmission organizations, and nothing in this subsection
21 shall alter this authority.
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25 And the title is amended as follows:
26 On page 1, line 27, following the semicolon
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28 insert:
29 revising provisions relating to charges for use
30 of rights-of-way;
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