HB 1649

1
A bill to be entitled
2An act relating to telecommunications; amending s. 364.01,
3F.S.; specifying the exclusive jurisdiction of the Florida
4Public Service Commission to regulate telecommunications
5companies; providing that activities regulated by the
6commission are exempt from ch. 501, F.S., relating to
7consumer protection; providing that state laws governing
8business and consumer protection be applied to
9communications activities that are not regulated by the
10commission; deleting certain legislative findings with
11respect to the provision of local telecommunications
12services; revising provisions governing the exclusive
13jurisdiction of the commission; creating s. 364.011, F.S.;
14specifying certain services that are exempt from oversight
15by the commission; creating s. 364.012, F.S.; requiring
16that the commission promote consistency with federal law
17and coordination with federal agencies; providing that ch.
18364, F.S., does not limit or modify certain duties of a
19local exchange carrier; creating s. 364.013, F.S.;
20requiring that broadband service remain free of state and
21local regulation; requiring that voice-over-Internet
22protocol remain free of regulation, except as specifically
23provided in ch. 364, F.S.; amending s. 364.02, F.S.;
24defining the terms "broadband service" and "VoIP";
25amending s. 364.0361, F.S.; prohibiting a local government
26from regulating voice-over-Internet protocol or other
27advanced telecommunications, regardless of the platform or
28provider; amending s. 364.051, F.S.; providing that
29evidence of damage caused by a natural disaster
30constitutes a compelling showing of changed circumstances
31to justify a change in rates; providing for authorization
32to add a line item charge to recover costs of such damage;
33limiting amount of such charge; amending s. 364.10, F.S.;
34revising the income threshold for eligibility for Lifeline
35service; amending s. 364.335, F.S.; increasing the maximum
36allowable filing fee for certification of
37telecommunications carriers; amending s. 364.336, F.S.;
38providing minimum regulatory assessment fees to be
39assessed by rule of the commission; repealing s. 364.502,
40F.S., relating to video programming services; amending ss.
41196.012, 199.183, 212.08, 290.007, 350.0605, 364.602, and
42489.103, F.S.; conforming cross-references; providing an
43effective date.
44
45Be It Enacted by the Legislature of the State of Florida:
46
47     Section 1.  Section 364.01, Florida Statutes, is amended to
48read:
49     364.01  Powers of commission, legislative intent.--
50     (1)  The Florida Public Service Commission shall exercise
51over and in relation to telecommunications companies the powers
52conferred by this chapter.
53     (2)  The Florida Public Service Commission has It is the
54legislative intent to give exclusive jurisdiction in all matters
55set forth in this chapter to regulate the Florida Public Service
56Commission in regulating telecommunications companies, and such
57preemption shall supersede any local or special act or municipal
58charter where any conflict of authority may exist.  However, the
59provisions of this chapter shall not affect the authority and
60powers granted in s. 166.231(9) or s. 337.401.
61     (3)  Activities regulated under laws administered by the
62Florida Public Service Commission are exempt from chapter 501.
63Communications activities that are not regulated by the Florida
64Public Service Commission, including, but not limited to, VoIP,
65wireless, and broadband, are subject to this state's generally
66applicable business regulation and deceptive trade practices and
67consumer protection laws, as enforced by the appropriate state
68authority or through actions in the judicial system. This
69chapter does not limit the availability to any party of any
70remedy under state or federal antitrust laws. The Legislature
71finds that the competitive provision of telecommunications
72services, including local exchange telecommunications service,
73is in the public interest and will provide customers with
74freedom of choice, encourage the introduction of new
75telecommunications service, encourage technological innovation,
76and encourage investment in telecommunications infrastructure.
77The Legislature further finds that the transition from the
78monopoly provision of local exchange service to the competitive
79provision thereof will require appropriate regulatory oversight
80to protect consumers and provide for the development of fair and
81effective competition, but nothing in this chapter shall limit
82the availability to any party of any remedy under state or
83federal antitrust laws.  The Legislature further finds that
84changes in regulations allowing increased competition in
85telecommunications services could provide the occasion for
86increases in the telecommunications workforce; therefore, it is
87in the public interest that competition in telecommunications
88services lead to a situation that enhances the high-
89technological skills and the economic status of the
90telecommunications workforce. The Legislature further finds that
91the provision of voice-over-Internet protocol (VOIP) free of
92unnecessary regulation, regardless of the provider, is in the
93public interest.
94     (4)  The commission shall exercise its exclusive
95jurisdiction in order to:
96     (a)  Protect the public health, safety, and welfare by
97ensuring that basic local telecommunications services, such as
98dial-tone service, access to 911, local calling, and access to a
99long-distance network, are available to all consumers in the
100state at reasonable and affordable prices.
101     (b)  Encourage competition through flexible regulatory
102treatment among providers of telecommunications services in
103order to ensure the availability of the widest possible range of
104consumer choice in the provision of all telecommunications
105services.
106     (c)  Protect the public health, safety, and welfare by
107ensuring that monopoly services provided by telecommunications
108companies continue to be subject to effective price, rate, and
109service regulation.
110     (d)  Promote competition by encouraging innovation and
111investment in new entrants into telecommunications markets and
112by allowing a transitional period in which new and emerging
113technologies entrants are subject to a reduced lesser level of
114regulatory oversight than local exchange telecommunications
115companies.
116     (e)  Encourage all providers of telecommunications services
117to introduce new or experimental telecommunications services
118free of unnecessary regulatory restraints.
119     (f)  Eliminate any rules or and/or regulations which will
120delay or impair the transition to competition.
121     (g)  Ensure that all providers of telecommunications
122services are treated fairly, by preventing anticompetitive
123behavior and eliminating unnecessary regulatory restraint.
124     (h)  Recognize the continuing emergence of a competitive
125telecommunications environment through the flexible regulatory
126treatment of competitive telecommunications services, where
127appropriate, if doing so does not reduce the availability of
128adequate basic local telecommunications service to all citizens
129of the state at reasonable and affordable prices, if competitive
130telecommunications services are not subsidized by monopoly
131telecommunications services, and if all monopoly services are
132available to all competitors on a nondiscriminatory basis.
133     (i)  Continue its historical role as a surrogate for
134competition for monopoly services provided by local exchange
135telecommunications companies.
136     Section 2.  Section 364.011, Florida Statutes, is created
137to read:
138     364.011  Exemptions from commission jurisdiction.--The
139following services are exempt from oversight by the commission,
140except to the extent delineated in this chapter or specifically
141authorized by federal law:
142     (1)  Nonbasic telephone services.
143     (2)  Broadband services, regardless of the provider or the
144platform, including, but not limited to, cable modem service,
145digital subscriber line service, wireless broadband, or
146satellite.
147     (3)  VoIP.
148     (4)  Wireless telecommunications.
149     Section 3.  Section 364.012, Florida Statutes, is created
150to read:
151     364.012  Consistency with federal law.--
152     (1)  The commission shall promote and maintain consistency
153with federal law and policies.
154     (2)  In order to promote commission coordination with
155federal policymakers and regulatory agencies, the commission
156shall maintain continuous liaisons with appropriate federal
157agencies whose policy decisions and rulemaking authority affect
158those telecommunications companies over which the commission has
159jurisdiction. The commission is encouraged to participate in the
160proceedings of federal agencies in cases in which the state's
161consumers may be affected and to convey the commission's policy
162positions and information requirements in order to achieve
163greater efficiency in regulation.
164     (3)  This chapter does not limit or modify the duties of a
165local exchange carrier to provide unbundled access to network
166elements or the commission's authority to arbitrate and enforce
167interconnection agreements to the extent that those elements are
168required under 47 U.S.C. ss. 251 and 252, and under any
169regulations issued by the Federal Communications Commission at
170rates determined in accordance with the standards established by
171the Federal Communications Commission pursuant to 47 C.F.R. ss.
17251.503-51.513, inclusive of any successor regulation or
173successor forbearance of regulation.
174     Section 4.  Section 364.013, Florida Statutes, is created
175to read:
176     364.013  Emerging and advanced services.--Broadband service
177shall remain free of state and local regulation, regardless of
178the provider or the platform, including, but not limited to,
179cable modem service, digital subscriber line, wireless, and
180satellite. In addition, the provision of voice-over-Internet
181protocol (VoIP) shall be free of regulation, except as
182delineated in this chapter or as specifically authorized by
183federal law, regardless of the platform or the provider.
184     Section 5.  Section 364.02, Florida Statutes, is amended to
185read:
186     364.02  Definitions.--As used in this chapter:
187     (1)  "Basic local telecommunications service" means
188voice-grade, flat-rate residential, and flat-rate single-line
189business local exchange services which provide dial tone, local
190usage necessary to place unlimited calls within a local exchange
191area, dual tone multifrequency dialing, and access to the
192following:  emergency services such as "911," all locally
193available interexchange companies, directory assistance,
194operator services, relay services, and an alphabetical directory
195listing. For a local exchange telecommunications company, such
196term shall include any extended area service routes, and
197extended calling service in existence or ordered by the
198commission on or before July 1, 1995.
199     (2)  "Broadband service" means any service that consists of
200or includes the offering of a capability to transmit or receive
201information at a rate of no fewer than 200 kilobits per second
202and:
203     (a)  Is used to provide access to the Internet; or
204     (b)  Provides access to computer processing, information
205storage, information content, or protocol conversion.
206     (3)(2)  "Commercial mobile radio service provider" means a
207commercial mobile radio service provider as defined by and
208pursuant to 47 U.S.C. ss. 153(n) and 332(d).
209     (4)(3)  "Commission" means the Florida Public Service
210Commission.
211     (5)(4)  "Competitive local exchange telecommunications
212company" means any company certificated by the commission to
213provide local exchange telecommunications services in this state
214on or after July 1, 1995.
215     (6)(5)  "Corporation" includes a corporation, company,
216association, or joint stock association.
217     (7)(6)  "Intrastate interexchange telecommunications
218company" means any entity that provides intrastate interexchange
219telecommunications services.
220     (8)(7)  "Local exchange telecommunications company" means
221any company certificated by the commission to provide local
222exchange telecommunications service in this state on or before
223June 30, 1995.
224     (9)(8)  "Monopoly service" means a telecommunications
225service for which there is no effective competition, either in
226fact or by operation of law.
227     (10)(9)  "Nonbasic service" means any telecommunications
228service provided by a local exchange telecommunications company
229other than a basic local telecommunications service, a local
230interconnection arrangement described in s. 364.16, or a network
231access service described in s. 364.163.
232     (11)(10)  "Operator service" includes, but is not limited
233to, billing or completion of third-party, person-to-person,
234collect, or calling card or credit card calls through the use of
235a live operator or automated equipment.
236     (12)(11)  "Operator service provider" means a person who
237furnishes operator service through a call aggregator.
238     (13)(12)  "Service" is to be construed in its broadest and
239most inclusive sense. The term "service" does not include
240broadband service or voice-over-Internet protocol service for
241purposes of regulation by the commission. Nothing herein shall
242affect the rights and obligations of any entity related to the
243payment of switched network access rates or other intercarrier
244compensation, if any, related to voice-over-Internet protocol
245service.
246     (14)(13)  "Telecommunications company" includes every
247corporation, partnership, and person and their lessees,
248trustees, or receivers appointed by any court whatsoever, and
249every political subdivision in the state, offering two-way
250telecommunications service to the public for hire within this
251state by the use of a telecommunications facility. The term
252"telecommunications company" does not include:
253     (a)  An entity which provides a telecommunications facility
254exclusively to a certificated telecommunications company;
255     (b)  An entity which provides a telecommunications facility
256exclusively to a company which is excluded from the definition
257of a telecommunications company under this subsection;
258     (c)  A commercial mobile radio service provider;
259     (d)  A facsimile transmission service;
260     (e)  A private computer data network company not offering
261service to the public for hire;
262     (f)  A cable television company providing cable service as
263defined in 47 U.S.C. s. 522; or
264     (g)  An intrastate interexchange telecommunications
265company.
266
267However, each commercial mobile radio service provider and each
268intrastate interexchange telecommunications company shall
269continue to be liable for any taxes imposed pursuant to chapters
270202, 203 and 212 and any fees assessed pursuant to ss. 364.025
271and 364.336. Each intrastate interexchange telecommunications
272company shall continue to be subject to ss. 364.04, 364.10(3)(a)
273and (d), 364.163, 364.285, 364.501, 364.603, and 364.604, shall
274provide the commission with such current information as the
275commission deems necessary to contact and communicate with the
276company, shall continue to pay intrastate switched network
277access rates or other intercarrier compensation to the local
278exchange telecommunications company or the competitive local
279exchange telecommunications company for the origination and
280termination of interexchange telecommunications service, and
281shall reduce its intrastate long distance toll rates in
282accordance with s. 364.163(2).
283     (15)(14)  "Telecommunications facility" includes real
284estate, easements, apparatus, property, and routes used and
285operated to provide two-way telecommunications service to the
286public for hire within this state.
287     (16)  "VoIP" means the voice-over-Internet protocol as that
288term is defined in federal law.
289     Section 6.  Section 364.0361, Florida Statutes, is amended
290to read:
291     364.0361  Local government authority; nondiscriminatory
292exercise.--A local government shall treat each
293telecommunications company in a nondiscriminatory manner when
294exercising its authority to grant franchises to a
295telecommunications company or to otherwise establish conditions
296or compensation for the use of rights-of-way or other public
297property by a telecommunications company. A local government may
298not directly or indirectly regulate the terms and conditions,
299including, but not limited to, the operating systems,
300qualifications, services, service quality, service territory,
301and prices, applicable to or in connection with the provision of
302any voice-over-Internet protocol, broadband or other advanced
303telecommunications or information service, regardless of the
304platform or the provider. This section does not relieve a
305provider from any obligations under s. 166.046 or s. 337.401.
306     Section 7.  Subsection (4) of section 364.051, Florida
307Statutes, is amended to read:
308     364.051  Price regulation.--
309     (4)  Notwithstanding the provisions of subsection (2), any
310local exchange telecommunications company that believes
311circumstances have changed substantially to justify any increase
312in the rates for basic local telecommunications services may
313petition the commission for a rate increase, but the commission
314shall grant such petition only after an opportunity for a
315hearing and a compelling showing of changed circumstances. The
316costs and expenses of any government program or project required
317in part II shall not be recovered under this subsection unless
318such costs and expenses are incurred in the absence of a bid and
319subject to carrier-of-last-resort obligations as provided for in
320part II. The commission shall act upon any such petition within
321120 days of its filing.  For purposes of this section, evidence
322of damage to the lines, plant, and facilities of a local
323exchange telecommunications company subject to carrier-of-last-
324resort obligations resulting from the occurrence of a natural
325disaster, such as a storm declared to be a hurricane by the
326National Hurricane Center, shall constitute a compelling showing
327of changed circumstances. In such event, the commission, after
328verification only of the company's costs and expenses related to
329repairing, restoring, and replacing damaged lines, plant, and
330facilities, shall grant the company's petition and authorize the
331company to add a separate line item charge to the bills of the
332company's retail basic local telecommunications service
333customers, its retail nonbasic telecommunications service
334customers, and its wholesale loop unbundled network element
335customers. The line item charge and the class of customer to be
336charged shall be determined solely by the local exchange
337telecommunications company. The line item charge may be in an
338amount up to, but shall not exceed, 50 cents per month per
339customer line charged for 12 calendar months.
340     Section 8.  Paragraph (a) of subsection (3) of section
341364.10, Florida Statutes, is amended to read:
342     364.10  Undue advantage to person or locality prohibited;
343Lifeline service.--
344     (3)(a)  Effective September 1, 2003, any local exchange
345telecommunications company authorized by the commission to
346reduce its switched network access rate pursuant to s. 364.164
347shall have tariffed and shall provide Lifeline service to any
348otherwise eligible customer or potential customer who meets an
349income eligibility test at 135 125 percent or less of the
350federal poverty income guidelines for Lifeline customers. Such a
351test for eligibility must augment, rather than replace, the
352eligibility standards established by federal law and based on
353participation in certain low-income assistance programs. Each
354intrastate interexchange telecommunications company shall,
355effective September 1, 2003, file a tariff providing at a
356minimum the intrastate interexchange telecommunications
357carrier's current Lifeline benefits and exemptions to Lifeline
358customers who meet the income eligibility test set forth in this
359subsection. The Office of Public Counsel shall certify and
360maintain claims submitted by a customer for eligibility under
361the income test authorized by this subsection.
362     Section 9.  Paragraph (c) of subsection (1) of section
363364.335, Florida Statutes, is amended to read:
364     364.335  Application for certificate.--
365     (1)  Each applicant for a certificate shall:
366     (c)  File the application fee required by the commission in
367an amount not to exceed $500 $250. Such fees shall be deposited
368in accordance with s. 350.113.
369     Section 10.  Section 364.336, Florida Statutes, is amended
370to read:
371     364.336  Regulatory assessment fees.--Notwithstanding any
372provisions of law to the contrary, each telecommunications
373company licensed or operating under this chapter, for any part
374of the preceding 6-month period, shall pay to the commission,
375within 30 days following the end of each 6-month period, a fee
376that may not exceed 0.25 percent annually of its gross operating
377revenues derived from intrastate business, except, for purposes
378of this section and the fee specified in s. 350.113(3), any
379amount paid to another telecommunications company for the use of
380any telecommunications network shall be deducted from the gross
381operating revenue for purposes of computing the fee due. The
382commission shall by rule assess a minimum fee in an amount up to
383$1,000. The minimum amount may be different depending on the
384type of service provided by the telecommunications company and
385shall, to the extent practicable, be related to the cost of
386regulating such type of company. Differences, if any, between
387the amount paid in any 6-month period and the amount actually
388determined by the commission to be due shall, upon motion by the
389commission, be immediately paid or refunded. Fees under this
390section may not be less than $50 annually. Such fees shall be
391deposited in accordance with s. 350.113. The commission may by
392rule establish criteria for payment of the regulatory assessment
393fee on an annual basis rather than on a semiannual basis.
394     Section 11.  Section 364.502, Florida Statutes, is
395repealed.
396     Section 12.  Subsection (6) of section 196.012, Florida
397Statutes, is amended to read:
398     196.012  Definitions.--For the purpose of this chapter, the
399following terms are defined as follows, except where the context
400clearly indicates otherwise:
401     (6)  Governmental, municipal, or public purpose or function
402shall be deemed to be served or performed when the lessee under
403any leasehold interest created in property of the United States,
404the state or any of its political subdivisions, or any
405municipality, agency, special district, authority, or other
406public body corporate of the state is demonstrated to perform a
407function or serve a governmental purpose which could properly be
408performed or served by an appropriate governmental unit or which
409is demonstrated to perform a function or serve a purpose which
410would otherwise be a valid subject for the allocation of public
411funds. For purposes of the preceding sentence, an activity
412undertaken by a lessee which is permitted under the terms of its
413lease of real property designated as an aviation area on an
414airport layout plan which has been approved by the Federal
415Aviation Administration and which real property is used for the
416administration, operation, business offices and activities
417related specifically thereto in connection with the conduct of
418an aircraft full service fixed base operation which provides
419goods and services to the general aviation public in the
420promotion of air commerce shall be deemed an activity which
421serves a governmental, municipal, or public purpose or function.
422Any activity undertaken by a lessee which is permitted under the
423terms of its lease of real property designated as a public
424airport as defined in s. 332.004(14) by municipalities,
425agencies, special districts, authorities, or other public bodies
426corporate and public bodies politic of the state, a spaceport as
427defined in s. 331.303(19), or which is located in a deepwater
428port identified in s. 403.021(9)(b) and owned by one of the
429foregoing governmental units, subject to a leasehold or other
430possessory interest of a nongovernmental lessee that is deemed
431to perform an aviation, airport, aerospace, maritime, or port
432purpose or operation shall be deemed an activity that serves a
433governmental, municipal, or public purpose. The use by a lessee,
434licensee, or management company of real property or a portion
435thereof as a convention center, visitor center, sports facility
436with permanent seating, concert hall, arena, stadium, park, or
437beach is deemed a use that serves a governmental, municipal, or
438public purpose or function when access to the property is open
439to the general public with or without a charge for admission. If
440property deeded to a municipality by the United States is
441subject to a requirement that the Federal Government, through a
442schedule established by the Secretary of the Interior, determine
443that the property is being maintained for public historic
444preservation, park, or recreational purposes and if those
445conditions are not met the property will revert back to the
446Federal Government, then such property shall be deemed to serve
447a municipal or public purpose. The term "governmental purpose"
448also includes a direct use of property on federal lands in
449connection with the Federal Government's Space Exploration
450Program or spaceport activities as defined in s. 212.02(22).
451Real property and tangible personal property owned by the
452Federal Government or the Florida Space Authority and used for
453defense and space exploration purposes or which is put to a use
454in support thereof shall be deemed to perform an essential
455national governmental purpose and shall be exempt. "Owned by the
456lessee" as used in this chapter does not include personal
457property, buildings, or other real property improvements used
458for the administration, operation, business offices and
459activities related specifically thereto in connection with the
460conduct of an aircraft full service fixed based operation which
461provides goods and services to the general aviation public in
462the promotion of air commerce provided that the real property is
463designated as an aviation area on an airport layout plan
464approved by the Federal Aviation Administration. For purposes of
465determination of "ownership," buildings and other real property
466improvements which will revert to the airport authority or other
467governmental unit upon expiration of the term of the lease shall
468be deemed "owned" by the governmental unit and not the lessee.
469Providing two-way telecommunications services to the public for
470hire by the use of a telecommunications facility, as defined in
471s. 364.02(15) s. 364.02(14), and for which a certificate is
472required under chapter 364 does not constitute an exempt use for
473purposes of s. 196.199, unless the telecommunications services
474are provided by the operator of a public-use airport, as defined
475in s. 332.004, for the operator's provision of
476telecommunications services for the airport or its tenants,
477concessionaires, or licensees, or unless the telecommunications
478services are provided by a public hospital.  However, property
479that is being used to provide such telecommunications services
480on or before October 1, 1997, shall remain exempt, but such
481exemption expires October 1, 2004.
482     Section 13.  Paragraph (b) of subsection (1) of section
483199.183, Florida Statutes, is amended to read:
484     199.183  Taxpayers exempt from annual and nonrecurring
485taxes.--
486     (1)  Intangible personal property owned by this state or
487any of its political subdivisions or municipalities shall be
488exempt from taxation under this chapter. This exemption does not
489apply to:
490     (b)  Property related to the provision of two-way
491telecommunications services to the public for hire by the use of
492a telecommunications facility, as defined in s. 364.02(15) s.
493364.02(14), and for which a certificate is required under
494chapter 364, when such service is provided by any county,
495municipality, or other political subdivision of the state. Any
496immunity of any political subdivision of the state or other
497entity of local government from taxation of the property used to
498provide telecommunication services that is taxed as a result of
499this paragraph is hereby waived. However, intangible personal
500property related to the provision of such telecommunications
501services provided by the operator of a public-use airport, as
502defined in s. 332.004, for the operator's provision of
503telecommunications services for the airport or its tenants,
504concessionaires, or licensees, and intangible personal property
505related to the provision of such telecommunications services
506provided by a public hospital, are exempt from taxation under
507this chapter.
508     Section 14.  Subsection (6) of section 212.08, Florida
509Statutes, is amended to read:
510     212.08  Sales, rental, use, consumption, distribution, and
511storage tax; specified exemptions.--The sale at retail, the
512rental, the use, the consumption, the distribution, and the
513storage to be used or consumed in this state of the following
514are hereby specifically exempt from the tax imposed by this
515chapter.
516     (6)  EXEMPTIONS; POLITICAL SUBDIVISIONS.--There are also
517exempt from the tax imposed by this chapter sales made to the
518United States Government, a state, or any county, municipality,
519or political subdivision of a state when payment is made
520directly to the dealer by the governmental entity. This
521exemption shall not inure to any transaction otherwise taxable
522under this chapter when payment is made by a government employee
523by any means, including, but not limited to, cash, check, or
524credit card when that employee is subsequently reimbursed by the
525governmental entity. This exemption does not include sales of
526tangible personal property made to contractors employed either
527directly or as agents of any such government or political
528subdivision thereof when such tangible personal property goes
529into or becomes a part of public works owned by such government
530or political subdivision. A determination whether a particular
531transaction is properly characterized as an exempt sale to a
532government entity or a taxable sale to a contractor shall be
533based on the substance of the transaction rather than the form
534in which the transaction is cast. The department shall adopt
535rules that give special consideration to factors that govern the
536status of the tangible personal property before its affixation
537to real property. In developing these rules, assumption of the
538risk of damage or loss is of paramount consideration in the
539determination. This exemption does not include sales, rental,
540use, consumption, or storage for use in any political
541subdivision or municipality in this state of machines and
542equipment and parts and accessories therefor used in the
543generation, transmission, or distribution of electrical energy
544by systems owned and operated by a political subdivision in this
545state for transmission or distribution expansion. Likewise
546exempt are charges for services rendered by radio and television
547stations, including line charges, talent fees, or license fees
548and charges for films, videotapes, and transcriptions used in
549producing radio or television broadcasts. The exemption provided
550in this subsection does not include sales, rental, use,
551consumption, or storage for use in any political subdivision or
552municipality in this state of machines and equipment and parts
553and accessories therefor used in providing two-way
554telecommunications services to the public for hire by the use of
555a telecommunications facility, as defined in s. 364.02(15) s.
556364.02(14), and for which a certificate is required under
557chapter 364, which facility is owned and operated by any county,
558municipality, or other political subdivision of the state.  Any
559immunity of any political subdivision of the state or other
560entity of local government from taxation of the property used to
561provide telecommunication services that is taxed as a result of
562this section is hereby waived.  However, the exemption provided
563in this subsection includes transactions taxable under this
564chapter which are for use by the operator of a public-use
565airport, as defined in s. 332.004, in providing such
566telecommunications services for the airport or its tenants,
567concessionaires, or licensees, or which are for use by a public
568hospital for the provision of such telecommunications services.
569     Section 15.  Subsection (8) of section 290.007, Florida
570Statutes, is amended to read:
571     290.007  State incentives available in enterprise
572zones.--The following incentives are provided by the state to
573encourage the revitalization of enterprise zones:
574     (8)  Notwithstanding any law to the contrary, the Public
575Service Commission may allow public utilities and
576telecommunications companies to grant discounts of up to 50
577percent on tariffed rates for services to small businesses
578located in an enterprise zone designated pursuant to s.
579290.0065. Such discounts may be granted for a period not to
580exceed 5 years. For purposes of this subsection, the term
581"public utility" has the same meaning as in s. 366.02(1) and the
582term "telecommunications company" has the same meaning as in s.
583364.02(14) s. 364.02(13).
584     Section 16.  Subsection (3) of section 350.0605, Florida
585Statutes, is amended to read:
586     350.0605  Former commissioners and employees;
587representation of clients before commission.--
588     (3)  For a period of 2 years following termination of
589service on the commission, a former member may not accept
590employment by or compensation from a business entity which,
591directly or indirectly, owns or controls a public utility
592regulated by the commission, from a public utility regulated by
593the commission, from a business entity which, directly or
594indirectly, is an affiliate or subsidiary of a public utility
595regulated by the commission or is an actual business competitor
596of a local exchange company or public utility regulated by the
597commission and is otherwise exempt from regulation by the
598commission under ss. 364.02(14) 364.02(13) and 366.02(1), or
599from a business entity or trade association that has been a
600party to a commission proceeding within the 2 years preceding
601the member's termination of service on the commission.  This
602subsection applies only to members of the Florida Public Service
603Commission who are appointed or reappointed after May 10, 1993.
604     Section 17.  Subsection (4) of section 364.602, Florida
605Statutes, is amended to read:
606     364.602  Definitions.--For purposes of this part:
607     (4)  "Originating party" means any person, firm,
608corporation, or other entity, including a telecommunications
609company or a billing clearinghouse, that provides any
610telecommunications service or information service to a customer
611or bills a customer through a billing party, except the term
612"originating party" does not include any entity specifically
613exempted from the definition of "telecommunications company" as
614provided in s. 364.02(14) s. 364.02(13).
615     Section 18.  Subsection (5) of section 489.103, Florida
616Statutes, is amended to read:
617     489.103  Exemptions.--This part does not apply to:
618     (5)  Public utilities, including special gas districts as
619defined in chapter 189, telecommunications companies as defined
620in s. 364.02(14) s. 364.02(13), and natural gas transmission
621companies as defined in s. 368.103(4), on construction,
622maintenance, and development work performed by their employees,
623which work, including, but not limited to, work on bridges,
624roads, streets, highways, or railroads, is incidental to their
625business. The board shall define, by rule, the term "incidental
626to their business" for purposes of this subsection.
627     Section 19.  This act shall take effect July 1, 2005.


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