HB 1325

CS

CHAMBER ACTION

1	The Finance & Tax Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to governmental authority in communication
7	services; creating the Governmental Authority Provision
8	for Communication Services Act of 2005; providing
9	definitions; authorizing governmental authorities to
10	provide communication services in certain circumstances;
11	providing requirements for the provision of communication
12	services; requiring a referendum for the provision of such
13	services; requiring regulatory compliance by governmental
14	authorities and service providers; providing for the use
15	of certain structures and facilities; authorizing
16	governmental authorities to secure funding for certain
17	costs; authorizing governmental authorities providing
18	specific services prior to a date certain to continue to
19	offer those specific services; providing for the payment
20	of taxes on certain acquired entities; providing
21	severability; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Governmental authority provision of
26	communication services.--
27	(1)  This section may be cited as the "Governmental
28	Authority Provision of Communication Services Act of 2005."
29	(2)  As used in this section:
30	(a)  "Advanced service" means high-speed Internet access
31	service capability in excess of 144 kilobits per second in the
32	upstream or the downstream direction, including any service
33	application provided over the high-speed access service or any
34	information service as defined in 47 U.S.C. s. 153(20), using
35	any technology or medium.
36	(b)  "Covered service" means an advanced service, cable
37	service, or telecommunications service and should be construed
38	in the broadest sense.
39	(c)  "Cable service" has the same meaning as in 47 U.S.C.
40	s. 522(6).
41	(d)  "Governmental authority" means any political
42	subdivision as defined in s. 1.01, Florida Statutes, and any
43	utility authority, other authority, board, branch, department,
44	or unit thereof. The term includes any person owned, operated,
45	or controlled by a governmental authority or in which a
46	governmental authority otherwise has an interest, whether direct
47	or indirect.
48	(e)  "Omitted service" means a covered service that a
49	governmental authority determines is desired by the authority's
50	residents but is not being provided to the residents by any
51	private provider of covered services.
52	(f)  "Person" has the same meaning as defined in s. 1.01,
53	Florida Statutes.
54	(g)  "Private provider" means a provider of covered
55	services that is not a governmental authority.
56	(h)  "Providing," "provide," or "provision," with respect
57	to a covered service, means offering or supplying a service for
58	a fee or other consideration to a person, including any portion
59	of the public or a governmental authority or private provider. A
60	provider is a person that provides a covered service.
61	(i)  "Subscriber" means a person who receives a covered
62	service.
63	(j)  "Supplying," with respect to a covered service, means
64	actually supplying a service for a fee or other consideration to
65	a person, including any portion of the public or a governmental
66	authority or private provider.
67	(k)  "Telecommunications services" means the transmission
68	of signs, signals, writing, images, sounds, messages, data, or
69	other information of the user's choosing, by wire, radio, light
70	waves, or other electromagnetic means, without change in the
71	form or content of the information as sent and received by the
72	user and regardless of the facilities used, and including fixed
73	and mobile terrestrial wireless technologies or applications.
74	(3)  Except as specified in subsection (4), no governmental
75	authority shall provide a covered service or a facility used to
76	provide a covered service. The foregoing prohibition shall not
77	apply to, and shall not prohibit a governmental authority from
78	supplying, a covered service, or a facility used to provide a
79	covered service, for internal operational needs,
80	intergovernmental communications, and public service
81	communications.
82	(4)(a)  Any governmental authority that is supplying a
83	covered service on May 1, 2005, shall be permitted to continue
84	supplying such service; however, the governmental authority may
85	not extend or expand its services or service areas for existing
86	or new subscribers.
87	(b)  If a governmental authority determines that there are
88	omitted services, the governmental authority may commence
89	providing the omitted services only upon the following
90	conditions in the following order:
91	1.  The governmental authority provides written notice to
92	all dealers of communications services registered under chapter
93	202, Florida Statutes, with the Department of Revenue describing
94	the omitted services.
95	2.  No provider commences to provide the noticed omitted
96	services or other substantially similar services within 120 days
97	after the date of the written notice.
98	3.  The governmental authority retains a feasibility
99	consultant to assess, in a written report, the feasibility of
100	the governmental authority's provision of the omitted services,
101	including consideration of the capital investment in facilities
102	to be used to provide the omitted services; the expenditure of
103	funds for labor, financing, and administering the proposed
104	omitted services; using full-cost accounting, the projected
105	annual operating expenses and revenues; and the governmental
106	authority's proposed method of financing.
107	4.  If the feasibility study indicates that the
108	governmental authority's provision of the omitted services is
109	feasible, the governing body schedules a public hearing to be
110	held to consider the feasibility study, to afford the public an
111	opportunity to offer comments on whether the governmental
112	authority should provide one or more of the noticed omitted
113	services, and to then vote on whether to proceed.
114	5.  If the governing body votes in favor of proceeding, it
115	calls an election on whether the governmental authority may
116	provide the omitted services that were the subject of the
117	governing body's vote. The notice of the election shall include,
118	with any other information required by law, a summary of the
119	omitted services and a statement that the feasibility study is
120	available for inspection and copying at a designated location.
121	The ballot at the election shall pose the question substantially
122	as follows: "Shall [insert name of the governmental authority]
123	operate a business providing [telecovered or advanced services,
124	or cable services, as applicable (meaning those services
125	identified in the governing body's vote)] to the inhabitants of
126	the [governmental authority] at a total cost of approximately
127	[insert amount from feasibility study] per year?"
128	(c)  The ballot proposition may not take effect until
129	submitted to the electors and approved by a majority of those
130	voting on the ballot.
131	(d)  If a majority of the electors vote to approve the
132	ballot question, the governmental authority may thereafter
133	provide the omitted services that were referenced in the ballot
134	question.
135	(e)  Any governmental authority that issued public debt
136	guaranteed by the revenue of any covered service prior to the
137	effective date of this law may continue to offer the specific
138	services offered as of March 1, 2005, to existing customers or
139	any other residents within the geographic boundaries of the
140	governmental authority.
141	(5)(a)  A governmental authority that provides a cable
142	service shall comply with the Cable Communications Policy Act of
143	1984, 47 U.S.C. ss. 521 et seq.; the regulations issued by the
144	Federal Communications Commission under the Cable Communications
145	Policy Act of 1984, 47 U.S.C. ss. 521 et seq.; and all
146	applicable state and federal rules and regulations, including,
147	but not limited, to s. 166.046, Florida Statutes, and those
148	provisions of chapters 202, 212, and 337, Florida Statutes,
149	applicable to a provider of such services.
150	(b)  A governmental authority that provides a
151	telecommunications service or advanced service shall comply, if
152	applicable, with chapter 364, Florida Statutes, and rules
153	adopted by the Florida Public Service Commission; chapter 166,
154	Florida Statutes; and all applicable state and federal rules and
155	regulations, including, but not limited to, those provisions of
156	chapters 202, 212, and 337, Florida Statutes, applicable to a
157	provider of such services.
158	(c)  Exercise of a governmental authority's power or
159	authority in any area, including zoning or land use, to require
160	use by any person, including residents of a particular
161	development, of any of the governmental authority's covered
162	services is prohibited.
163	(d)  A governmental authority shall apply the governmental
164	authority's ordinances, rules, and policies and exercise any
165	authority under state or federal laws, including those relating
166	to the following subjects, without discrimination as to itself
167	and any private provider of covered services:
168	1.  Allowing access to and use of public rights-of-way.
169	2.  Allowing access to, use of, and payment for use of
170	governmental authority-owned or controlled poles, conduits,
171	easements, and similar facilities, such that the governmental
172	authority shall be subject to the same terms, conditions, and
173	fees, if any, for access to such poles, conduits, easements, or
174	similar facilities that the governmental authority applies to a
175	private provider for such access.
176	(e)  A governmental authority may not pledge any revenues
177	in support of the issuance of any bonds to finance the provision
178	of covered services outside the governmental authority's
179	geographical boundaries. The governing body of a governmental
180	authority may, upon approval by a vote of the electors, issue
181	one or more bonds to finance the capital costs for facilities to
182	provide covered services. The election shall be conducted as
183	specified in chapter 100, Florida Statutes. Any bonds issued to
184	finance the governmental authority's provision of covered
185	services shall be secured and paid solely from the revenues
186	generated by the governmental authority from its provision of
187	covered services. A governmental authority may not pay any such
188	bonds, or any origination, financing, or other costs associated
189	with such bonds, from the general funds or other enterprises of
190	the governmental authority or from the proceeds of bonds secured
191	and to be paid by the general taxing powers of the governmental
192	authority. This paragraph shall not apply to bonds issued by a
193	governmental authority prior to the effective date of this
194	section.
195	(f)  Notwithstanding s. 542.235, Florida Statutes, or any
196	other provision of law, a governmental authority that provides
197	covered services is subject to the same prohibitions applicable
198	to private providers under ss. 542.18 and 542.19, Florida
199	Statutes.
200	(6)  If a governmental authority acquires any tax-paying
201	entity that is providing water or wastewater services, the
202	governmental authority must continue to pay the applicable taxes
203	levied upon the entity.
204	(7)  In all decisions concerning governmental authority
205	relating to the acquisition of, or contracting with, covered
206	services, water services, or wastewater services, when all
207	factors are comparable, the Florida Public Service Commission
208	shall rule in favor of tax-paying entities.
209	(8)  If any provisions of this section or the application
210	of any provision of this section is found invalid, the remainder
211	of this section shall be given effect without the invalid
212	provision or application.
213	Section 2.  This act shall take effect upon becoming a law.

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