Senate Bill sb2780

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    Florida Senate - 2004                                  SB 2780

    By Senator Bennett





    21-1584-04

  1                      A bill to be entitled

  2         An act relating to utility services provided by

  3         a local government; creating s. 213.121, F.S.;

  4         providing definitions relating to local

  5         government utility activities; providing that a

  6         governmental authority is subject to certain

  7         specified taxes if the governmental authority

  8         provides certain utility services that replace

  9         or duplicate a service already being provided

10         by a private utility company or expands a

11         utility service into an area or territory where

12         the utility service is not provided by a

13         governmental authority; requiring the

14         Department of Revenue to adopt rules; providing

15         that the state, for itself and its agencies and

16         subdivisions, waives sovereign immunity enjoyed

17         by any governmental authority for the express

18         and limited purpose relating to the taxes

19         imposed by the act; providing definitions

20         relating to telecommunications and cable

21         services; imposing a moratorium on a political

22         subdivision by prohibiting the political

23         subdivision from expanding into new service

24         areas, or serving new subscribers in current

25         service areas, during a specified period;

26         providing an exception; providing for

27         severability; providing an effective date.

28  

29  Be It Enacted by the Legislature of the State of Florida:

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    Florida Senate - 2004                                  SB 2780
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 1         Section 1.  Section 213.121, Florida Statutes, is

 2  created to read:

 3         213.121  Taxation of utility services provided by a

 4  local government.--

 5         (1)  As used in this section, the term:

 6         (a)  "Department" means the Department of Revenue.

 7         (b)  "Electric service" means the provision of

 8  electricity to retail customers and expressly excludes

 9  provision of wholesale electric services between utilities.

10         (c)  "Governmental authority" means a political

11  subdivision, a regional utility authority, or a corporation

12  formed for the purpose of acting on behalf of a political

13  subdivision or regional utility authority for the purpose of

14  providing utility services.

15         (d)  "Natural gas service" means the provision of

16  natural gas to retail customers.

17         (e)  "Person" has the same meaning as in s. 212.02.

18         (f)  "Telecommunication service" has the same meaning

19  as in s. 202.11.

20         (g)  "Utility company" means a person that provides

21  utility service.

22         (h)  "Utility service" means electric service, natural

23  gas service, water service, wastewater service, or

24  telecommunication service.

25         (i)  "Wastewater service" means the collection and

26  pumping of domestic wastes from retail customers to an

27  ultimate point of treatment and disposal in accordance with

28  the federal Clean Water Act, as amended.

29         (j)  "Water service" means the treatment and

30  distribution of water for human consumption for retail

31  customers by a public water system as defined in s. 404.852

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    Florida Senate - 2004                                  SB 2780
    21-1584-04




 1  and as otherwise defined in the federal Safe Drinking Water

 2  Act, as amended.

 3         (2)  A governmental authority that, commencing on or

 4  after July 1, 2004:

 5         (a)  Begins to provide a utility service that replaces

 6  or duplicates a service already being provided by a utility

 7  company that is not owned by a governmental authority; or

 8         (b)  Expands a utility service into an area or

 9  territory where the utility service is not provided by a

10  governmental authority,

11  

12  shall be subject to chapters 199, 201, 202, 206, and 212, with

13  respect to the new utility service. However, the exemptions

14  provided in ss. 199.183(1), 201.24, 202.125(3), 202.12(1)(b),

15  206.874(3)(b), and 212.08(6), and the refunds available in

16  206.41(4)(d), are not applicable.

17         (3)  The department shall adopt rules to administer

18  this section. The rules must include, but need not be limited

19  to, rules prescribing the methods by which a governmental

20  authority may allocate revenues and expenses between a taxable

21  utility service and a nontaxable utility service or other

22  nontaxable services if the governmental authority does not

23  separately account for these services.

24         (4)  The executive director of the department may adopt

25  emergency rules under s. 120.54(4) to administer this section.

26  Notwithstanding any other law, the emergency rules shall

27  remain in effect for 6 months after the date of adoption and

28  may be renewed during the pendency of procedures to adopt

29  rules addressing the subject of the emergency rules.

30         (5)  The state, for itself and for its agencies and

31  subdivisions, waives sovereign immunity enjoyed by any

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    Florida Senate - 2004                                  SB 2780
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 1  governmental authority for the express and limited purpose

 2  relating to the taxes imposed by subsection (4).

 3         Section 2.  (1)  As used in this section, the term:

 4         (a)  "Advanced service" means high-speed Internet

 5  access service capability in excess of 144 kilobits per second

 6  in the upstream or the downstream direction, including any

 7  service application provided over the high-speed access

 8  service or any information service as defined in 47 U.S.C. s.

 9  153(20).

10         (b)  "Cable service" has the same meaning as in 47

11  U.S.C. s. 522(6).

12         (c)  "Providing," with respect to a named service,

13  means offering or supplying a service for a fee to a person,

14  including any portion of the public or a local government or

15  private provider.

16         (d)  "Subscriber" means a person who receives a named

17  service.

18         (e)  "Telecommunications services" means the

19  transmission of signs, signals, writing, images, sounds,

20  messages, data, or other information of the user's choosing,

21  by wire, radio, light waves, or other electromagnetic means,

22  without change in the form or content of the information as

23  sent and received by the user and regardless of the facilities

24  used.

25         (2)  Beginning July 1, 2004, and ending July 1, 2005, a

26  political subdivision may not offer or provide

27  telecommunication services, advanced service, or cable

28  service, and may not purchase, lease, construct, maintain, or

29  operate any facility for the purpose of providing

30  telecommunication services, advanced service, or cable

31  service:

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    Florida Senate - 2004                                  SB 2780
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 1         (a)  In a geographical area not served by the political

 2  subdivision on June 30, 2004; or

 3         (b)  To a new subscriber in a geographical area served

 4  by the political subdivision on June 30, 2004.

 5  

 6  For purposes of this subsection, a political subdivision

 7  provides telecommunication services, advanced service, or

 8  cable service if the local government provides the service,

 9  directly or indirectly, by itself or through another person,

10  or by contract, resale, or otherwise.

11         (3)  This section does not apply to:

12         (a)  Additional telecommunication services, advanced

13  service, or cable service provided to subscribers receiving

14  telecommunication services, advanced service, or cable service

15  on June 30, 2004; or

16         (b)  Telecommunication services, advanced service, or

17  cable service provided to the political subdivision for the

18  internal operational needs of the political subdivision.

19         Section 3.  If any provision of this act or its

20  application to any person or circumstance is held invalid, the

21  invalidity does not affect other provisions or applications of

22  this act which can be given effect without the invalid

23  provision or application, and to this end the provisions of

24  this act are severable.

25         Section 4.  This act shall take effect July 1, 2004.

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    Florida Senate - 2004                                  SB 2780
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Provides that a governmental authority is subject to
      specified taxes if it provides certain utility services
 4    that replace or duplicate a service being provided by a
      private utility company or expands a utility service into
 5    an area or territory where the utility service is not
      provided by a governmental authority. Requires the
 6    Department of Revenue to adopt rules. Provides that the
      state waives sovereign immunity for the express and
 7    limited purpose relating to the taxes imposed by this
      act. Imposes a moratorium on a political subdivision by
 8    prohibiting the political subdivision from expanding
      telecommunication and cable services into new service
 9    areas during a specified period. (See bill for details.)

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