CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. CS for SB 1610

    Amendment No. 1   Barcode 204730

                            CHAMBER ACTION
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10  ______________________________________________________________

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

17

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

    Bill No. CS for SB 1610

    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

    Bill No. CS for SB 1610

    Amendment No. 1   Barcode 204730





  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.

11

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.

22

23

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

25  And the title is amended as follows:

26         On page 1, line 27, following the semicolon

27

28  insert:

29         revising provisions relating to charges for use

30         of rights-of-way;

31

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