| 1 | The Commerce Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to telecommunications regulation; amending |
| 7 | s. 350.041, F.S.; revising standards of conduct for |
| 8 | commissioners on the Florida Public Service Commission; |
| 9 | providing rules of conduct for attendance at a conference; |
| 10 | prohibiting a commissioner from soliciting anything of |
| 11 | value from a public utility, its affiliate, or certain |
| 12 | other parties; amending s. 364.01, F.S.; providing that |
| 13 | state laws governing business and consumer protection be |
| 14 | applied to communications activities that are not |
| 15 | regulated by the commission; revising provisions governing |
| 16 | the exclusive jurisdiction of the commission; creating s. |
| 17 | 364.011, F.S.; specifying certain services that are exempt |
| 18 | from oversight by the commission; creating s. 364.012, |
| 19 | F.S.; directing the commission to maintain liaison with |
| 20 | federal agencies; providing that ch. 364, F.S., does not |
| 21 | limit or modify certain duties of a local exchange |
| 22 | carrier; creating s. 364.013, F.S.; requiring that |
| 23 | broadband service and voice-over-Internet protocol be free |
| 24 | of state regulation, except as specifically provided; |
| 25 | amending s. 364.02, F.S.; defining the terms "broadband |
| 26 | service" and "VoIP"; revising the definition of "service"; |
| 27 | amending s. 364.0361, F.S.; prohibiting a local government |
| 28 | from regulating the provision of voice-over-Internet |
| 29 | protocol; amending s. 364.051, F.S.; providing that |
| 30 | evidence of damage caused by a tropical storm system |
| 31 | constitutes a compelling showing of changed circumstances |
| 32 | to justify a change in rates; revising procedures to |
| 33 | recover certain costs and expenses; providing conditions |
| 34 | to qualify for filing a petition for recovery; providing |
| 35 | for the commission to order a line-item charge for a |
| 36 | certain period to recover costs and expenses of such |
| 37 | damage; limiting amount of such charge; providing for |
| 38 | verification of amounts collected; limiting the number of |
| 39 | petitions for recovery of costs and expenses; amending s. |
| 40 | 364.10, F.S.; revising the income threshold for |
| 41 | eligibility for Lifeline service; amending s. 364.335, |
| 42 | F.S.; increasing the maximum allowable filing fee for |
| 43 | certification of telecommunications carriers; amending s. |
| 44 | 364.336, F.S.; providing minimum regulatory assessment |
| 45 | fees to be assessed by rule of the commission; repealing |
| 46 | s. 364.502, F.S., relating to video programming services; |
| 47 | amending ss. 196.012, 199.183, 212.08, 290.007, 350.0605, |
| 48 | 364.602, and 489.103, F.S.; conforming cross references; |
| 49 | providing for construction of the act; providing effective |
| 50 | dates. |
| 51 |
|
| 52 | Be It Enacted by the Legislature of the State of Florida: |
| 53 |
|
| 54 | Section 1. Paragraphs (h) and (i) are added to subsection |
| 55 | (2) of section 350.041, Florida Statutes, to read: |
| 56 | 350.041 Commissioners; standards of conduct.-- |
| 57 | (2) STANDARDS OF CONDUCT.-- |
| 58 | (h) It shall not be a violation of this section for a |
| 59 | commissioner who attends an educational program or conference |
| 60 | organized by an entity other than a public utility, or who |
| 61 | attends a conference or other meeting of an association of |
| 62 | regulatory agencies, to participate in meals and events which |
| 63 | are available generally to all conference participants who have |
| 64 | paid the conference fee, are available to only state |
| 65 | commissioners, or, if the commissioner is a committee member or |
| 66 | speaks at the conference, are available only to committee |
| 67 | members or speakers. A commissioner who attends such a program |
| 68 | or conference will not be deemed to have accepted anything from |
| 69 | a public utility as a result of any differential conference fee |
| 70 | available to commissioners, governmental employees, or speakers, |
| 71 | or because of sponsorship or payment by a public utility of |
| 72 | conference costs, including costs of meals or events included as |
| 73 | part of the conference program and generally available to all |
| 74 | participants who have paid the conference fee. |
| 75 | (i) A commissioner may not directly or indirectly, through |
| 76 | staff or other means, solicit anything of value from any public |
| 77 | utility regulated by the commission, or from any business entity |
| 78 | that, whether directly or indirectly, is an affiliate or |
| 79 | subsidiary of any public utility regulated by the commission, or |
| 80 | from any party appearing in a proceeding considered by the |
| 81 | commission in the last 2 years. |
| 82 | Section 2. Subsection (3) and paragraphs (d) and (f) of |
| 83 | subsection (4) of section 364.01, Florida Statutes, are amended |
| 84 | to read: |
| 85 | 364.01 Powers of commission, legislative intent.-- |
| 86 | (3) Communications activities that are not regulated by |
| 87 | the Florida Public Service Commission, including, but not |
| 88 | limited to, VoIP, wireless, and broadband, are subject to this |
| 89 | state's generally applicable business regulation and deceptive |
| 90 | trade practices and consumer protection laws, as enforced by the |
| 91 | appropriate state authority or through actions in the judicial |
| 92 | system. This chapter does not limit the availability to any |
| 93 | party of any remedy under state or federal antitrust laws. The |
| 94 | Legislature finds that the competitive provision of |
| 95 | telecommunications services, including local exchange |
| 96 | telecommunications service, is in the public interest and will |
| 97 | provide customers with freedom of choice, encourage the |
| 98 | introduction of new telecommunications service, encourage |
| 99 | technological innovation, and encourage investment in |
| 100 | telecommunications infrastructure. The Legislature further finds |
| 101 | that the transition from the monopoly provision of local |
| 102 | exchange service to the competitive provision thereof will |
| 103 | require appropriate regulatory oversight to protect consumers |
| 104 | and provide for the development of fair and effective |
| 105 | competition, but nothing in this chapter shall limit the |
| 106 | availability to any party of any remedy under state or federal |
| 107 | antitrust laws. The Legislature further finds that changes in |
| 108 | regulations allowing increased competition in telecommunications |
| 109 | services could provide the occasion for increases in the |
| 110 | telecommunications workforce; therefore, it is in the public |
| 111 | interest that competition in telecommunications services lead to |
| 112 | a situation that enhances the high-technological skills and the |
| 113 | economic status of the telecommunications workforce. The |
| 114 | Legislature further finds that the provision of voice-over- |
| 115 | Internet protocol (VOIP) free of unnecessary regulation, |
| 116 | regardless of the provider, is in the public interest. |
| 117 | (4) The commission shall exercise its exclusive |
| 118 | jurisdiction in order to: |
| 119 | (d) Promote competition by encouraging innovation and |
| 120 | investment in new entrants into telecommunications markets and |
| 121 | by allowing a transitional period in which new and emerging |
| 122 | technologies entrants are subject to a reduced lesser level of |
| 123 | regulatory oversight than local exchange telecommunications |
| 124 | companies. |
| 125 | (f) Eliminate any rules or and/or regulations which will |
| 126 | delay or impair the transition to competition. |
| 127 | Section 3. Section 364.011, Florida Statutes, is created |
| 128 | to read: |
| 129 | 364.011 Exemptions from commission jurisdiction.--The |
| 130 | following services are exempt from oversight by the commission, |
| 131 | except to the extent delineated in this chapter or specifically |
| 132 | authorized by federal law: |
| 133 | (1) Intrastate interexchange telecommunications services. |
| 134 | (2) Broadband services, regardless of the provider, |
| 135 | platform, or protocol. |
| 136 | (3) VoIP. |
| 137 | (4) Wireless telecommunications, including commercial |
| 138 | mobile radio services. |
| 139 | Section 4. Section 364.012, Florida Statutes, is created |
| 140 | to read: |
| 141 | 364.012 Consistency with federal law.-- |
| 142 | (1) In order to promote commission coordination with |
| 143 | federal policymakers and regulatory agencies, the commission |
| 144 | shall maintain continuous liaisons with appropriate federal |
| 145 | agencies whose policy decisions and rulemaking authority affect |
| 146 | those telecommunications companies over which the commission has |
| 147 | jurisdiction. The commission is encouraged to participate in the |
| 148 | proceedings of federal agencies in cases in which the state's |
| 149 | consumers may be affected and to convey the commission's policy |
| 150 | positions and information requirements in order to achieve |
| 151 | greater efficiency in regulation. |
| 152 | (2) This chapter does not limit or modify the duties of a |
| 153 | local exchange carrier to provide unbundled access to network |
| 154 | elements or the commission's authority to arbitrate and enforce |
| 155 | interconnection agreements to the extent that those elements are |
| 156 | required under 47 U.S.C. ss. 251 and 252, and under any |
| 157 | regulations issued by the Federal Communications Commission at |
| 158 | rates determined in accordance with the standards established by |
| 159 | the Federal Communications Commission pursuant to 47 C.F.R. ss. |
| 160 | 51.503-51.513, inclusive of any successor regulation or |
| 161 | successor forbearance of regulation. |
| 162 | Section 5. Section 364.013, Florida Statutes, is created |
| 163 | to read: |
| 164 | 364.013 Emerging and advanced services.--Broadband service |
| 165 | and the provision of voice-over-Internet protocol (VoIP) shall |
| 166 | be free of state regulation, except as delineated in this |
| 167 | chapter or as specifically authorized by federal law, regardless |
| 168 | of the provider, platform, or protocol. |
| 169 | Section 6. Section 364.02, Florida Statutes, is amended to |
| 170 | read: |
| 171 | 364.02 Definitions.--As used in this chapter: |
| 172 | (1) "Basic local telecommunications service" means |
| 173 | voice-grade, flat-rate residential, and flat-rate single-line |
| 174 | business local exchange services which provide dial tone, local |
| 175 | usage necessary to place unlimited calls within a local exchange |
| 176 | area, dual tone multifrequency dialing, and access to the |
| 177 | following: emergency services such as "911," all locally |
| 178 | available interexchange companies, directory assistance, |
| 179 | operator services, relay services, and an alphabetical directory |
| 180 | listing. For a local exchange telecommunications company, such |
| 181 | term shall include any extended area service routes, and |
| 182 | extended calling service in existence or ordered by the |
| 183 | commission on or before July 1, 1995. |
| 184 | (2) "Broadband service" means any service that consists of |
| 185 | or includes the offering of the capability to transmit or |
| 186 | receive information at a rate that is not less than 200 kilobits |
| 187 | per second and either: |
| 188 | (a) Is used to provide access to the Internet; or |
| 189 | (b) Provides computer processing, information, storage, |
| 190 | information content, or protocol conversion in combination with |
| 191 | such service. |
| 192 |
|
| 193 | The definition of broadband service does not include any |
| 194 | intrastate telecommunications services that have been tariffed |
| 195 | with the commission on or before January 1, 2005. |
| 196 | (3)(2) "Commercial mobile radio service provider" means a |
| 197 | commercial mobile radio service provider as defined by and |
| 198 | pursuant to 47 U.S.C. ss. 153(n) and 332(d). |
| 199 | (4)(3) "Commission" means the Florida Public Service |
| 200 | Commission. |
| 201 | (5)(4) "Competitive local exchange telecommunications |
| 202 | company" means any company certificated by the commission to |
| 203 | provide local exchange telecommunications services in this state |
| 204 | on or after July 1, 1995. |
| 205 | (6)(5) "Corporation" includes a corporation, company, |
| 206 | association, or joint stock association. |
| 207 | (7)(6) "Intrastate interexchange telecommunications |
| 208 | company" means any entity that provides intrastate interexchange |
| 209 | telecommunications services. |
| 210 | (8)(7) "Local exchange telecommunications company" means |
| 211 | any company certificated by the commission to provide local |
| 212 | exchange telecommunications service in this state on or before |
| 213 | June 30, 1995. |
| 214 | (9)(8) "Monopoly service" means a telecommunications |
| 215 | service for which there is no effective competition, either in |
| 216 | fact or by operation of law. |
| 217 | (10)(9) "Nonbasic service" means any telecommunications |
| 218 | service provided by a local exchange telecommunications company |
| 219 | other than a basic local telecommunications service, a local |
| 220 | interconnection arrangement described in s. 364.16, or a network |
| 221 | access service described in s. 364.163. |
| 222 | (11)(10) "Operator service" includes, but is not limited |
| 223 | to, billing or completion of third-party, person-to-person, |
| 224 | collect, or calling card or credit card calls through the use of |
| 225 | a live operator or automated equipment. |
| 226 | (12)(11) "Operator service provider" means a person who |
| 227 | furnishes operator service through a call aggregator. |
| 228 | (13)(12) "Service" is to be construed in its broadest and |
| 229 | most inclusive sense. The term "service" does not include |
| 230 | broadband service or voice-over-Internet protocol service for |
| 231 | purposes of regulation by the commission. Nothing herein shall |
| 232 | affect the rights and obligations of any entity related to the |
| 233 | payment of switched network access rates or other intercarrier |
| 234 | compensation, if any, related to voice-over-Internet protocol |
| 235 | service. Notwithstanding the provisions of s. 364.013 and the |
| 236 | exemption of services pursuant to this subsection, the |
| 237 | commission may arbitrate, enforce, or approve interconnection |
| 238 | agreements and resolve disputes as provided by 47 U.S.C. ss. 251 |
| 239 | and 252 or any other applicable federal law or regulation. With |
| 240 | respect to the services exempted in this subsection, regardless |
| 241 | of the technology, the duties of a local exchange |
| 242 | telecommunications company are only those that the company is |
| 243 | obligated to extend or provide under applicable federal law and |
| 244 | regulations. |
| 245 | (14)(13) "Telecommunications company" includes every |
| 246 | corporation, partnership, and person and their lessees, |
| 247 | trustees, or receivers appointed by any court whatsoever, and |
| 248 | every political subdivision in the state, offering two-way |
| 249 | telecommunications service to the public for hire within this |
| 250 | state by the use of a telecommunications facility. The term |
| 251 | "telecommunications company" does not include: |
| 252 | (a) An entity which provides a telecommunications facility |
| 253 | exclusively to a certificated telecommunications company; |
| 254 | (b) An entity which provides a telecommunications facility |
| 255 | exclusively to a company which is excluded from the definition |
| 256 | of a telecommunications company under this subsection; |
| 257 | (c) A commercial mobile radio service provider; |
| 258 | (d) A facsimile transmission service; |
| 259 | (e) A private computer data network company not offering |
| 260 | service to the public for hire; |
| 261 | (f) A cable television company providing cable service as |
| 262 | defined in 47 U.S.C. s. 522; or |
| 263 | (g) An intrastate interexchange telecommunications |
| 264 | company. |
| 265 |
|
| 266 | However, each commercial mobile radio service provider and each |
| 267 | intrastate interexchange telecommunications company shall |
| 268 | continue to be liable for any taxes imposed pursuant to chapters |
| 269 | 202, 203 and 212 and any fees assessed pursuant to ss. 364.025 |
| 270 | and 364.336. Each intrastate interexchange telecommunications |
| 271 | company shall continue to be subject to ss. 364.04, 364.10(3)(a) |
| 272 | and (d), 364.163, 364.285, 364.501, 364.603, and 364.604, shall |
| 273 | provide the commission with such current information as the |
| 274 | commission deems necessary to contact and communicate with the |
| 275 | company, shall continue to pay intrastate switched network |
| 276 | access rates or other intercarrier compensation to the local |
| 277 | exchange telecommunications company or the competitive local |
| 278 | exchange telecommunications company for the origination and |
| 279 | termination of interexchange telecommunications service, and |
| 280 | shall reduce its intrastate long distance toll rates in |
| 281 | accordance with s. 364.163(2). |
| 282 | (15)(14) "Telecommunications facility" includes real |
| 283 | estate, easements, apparatus, property, and routes used and |
| 284 | operated to provide two-way telecommunications service to the |
| 285 | public for hire within this state. |
| 286 | (16) "VoIP" means the voice-over-Internet protocol as that |
| 287 | term is defined in federal law. |
| 288 | Section 7. Section 364.0361, Florida Statutes, is amended |
| 289 | to read: |
| 290 | 364.0361 Local government authority; nondiscriminatory |
| 291 | exercise.--A local government shall treat each |
| 292 | telecommunications company in a nondiscriminatory manner when |
| 293 | exercising its authority to grant franchises to a |
| 294 | telecommunications company or to otherwise establish conditions |
| 295 | or compensation for the use of rights-of-way or other public |
| 296 | property by a telecommunications company. A local government may |
| 297 | not directly or indirectly regulate the terms and conditions, |
| 298 | including, but not limited to, the operating systems, |
| 299 | qualifications, services, service quality, service territory, |
| 300 | and prices, applicable to or in connection with the provision of |
| 301 | any voice-over-Internet protocol, regardless of the provider, |
| 302 | platform, or protocol, or any broadband or information service. |
| 303 | This section does not relieve a provider from any obligations |
| 304 | under s. 166.046 or s. 337.401. |
| 305 | Section 8. Effective upon this act becoming a law, |
| 306 | subsection (4) of section 364.051, Florida Statutes, is amended |
| 307 | to read: |
| 308 | 364.051 Price regulation.-- |
| 309 | (4)(a) Notwithstanding the provisions of subsection (2), |
| 310 | any local exchange telecommunications company that believes |
| 311 | circumstances have changed substantially to justify any increase |
| 312 | in the rates for basic local telecommunications services may |
| 313 | petition the commission for a rate increase, but the commission |
| 314 | shall grant the such petition only after an opportunity for a |
| 315 | hearing and a compelling showing of changed circumstances. The |
| 316 | costs and expenses of any government program or project required |
| 317 | in part II may shall not be recovered under this subsection |
| 318 | unless the such costs and expenses are incurred in the absence |
| 319 | of a bid and subject to carrier-of-last-resort obligations as |
| 320 | provided for in part II. The commission shall act upon the any |
| 321 | such petition within 120 days after of its filing. |
| 322 | (b) For purposes of this section, evidence of damage to |
| 323 | the lines, plants, or facilities of a local exchange |
| 324 | telecommunications company that is subject to carrier-of-last- |
| 325 | resort obligations, which damage is the result of a tropical |
| 326 | system occurring after June 1, 2005, and named by the National |
| 327 | Hurricane Center, constitutes a compelling showing of changed |
| 328 | circumstances. |
| 329 | 1. A company may file a petition to recover its intrastate |
| 330 | costs and expenses relating to repairing, restoring, or |
| 331 | replacing the lines, plants, or facilities damaged by a named |
| 332 | tropical system. |
| 333 | 2. The commission shall verify the intrastate costs and |
| 334 | expenses submitted by the company in support of its petition. |
| 335 | 3. The company must show and the commission shall |
| 336 | determine whether the intrastate costs and expenses are |
| 337 | reasonable under the circumstances for the named tropical |
| 338 | system. |
| 339 | 4. A company having a storm reserve may recover tropical- |
| 340 | system-related costs and expenses from its customers only in |
| 341 | excess of any amount available in the storm reserve fund. |
| 342 | 5. The commission may determine the amount of any increase |
| 343 | that the company may charge its customers, but the charge per |
| 344 | line item may not exceed 50 cents per month per customer line |
| 345 | for a period of not more than 12 months. |
| 346 | 6. The commission may order the company to add an equal |
| 347 | line-item charge per access line to the billing statement of the |
| 348 | company's retail basic local telecommunications service |
| 349 | customers, its retail nonbasic telecommunications service |
| 350 | customers, and, to the extent the commission determines |
| 351 | appropriate, its wholesale loop unbundled network element |
| 352 | customers. At the end of the collection period, the commission |
| 353 | shall verify that the collected amount does not exceed the |
| 354 | amount authorized by the order. If collections exceed the |
| 355 | ordered amount, the commission shall order the company to refund |
| 356 | the excess. |
| 357 | 7. In order to qualify for filing a petition under this |
| 358 | paragraph, a company with 1 million or more access lines, but |
| 359 | fewer than 3 million access lines, must have tropical-system- |
| 360 | related costs and expenses exceeding $1.5 million, and a company |
| 361 | with 3 million or more access lines must have tropical-system- |
| 362 | related costs and expenses of $5 million or more. A company with |
| 363 | fewer than 1 million access lines is not required to meet a |
| 364 | minimum damage threshold in order to qualify to file a petition |
| 365 | under this paragraph. |
| 366 | 8. A company may file only one petition for storm recovery |
| 367 | in any 12-month period for the previous storm season, but the |
| 368 | application may cover damages from more than one named tropical |
| 369 | system. |
| 370 |
|
| 371 | This paragraph is not intended to adversely affect the |
| 372 | commission's consideration of any petition for an increase in |
| 373 | basic rates to recover costs related to storm damage which was |
| 374 | filed before the effective date of this act. |
| 375 | Section 9. Paragraph (a) of subsection (3) of section |
| 376 | 364.10, Florida Statutes, is amended to read: |
| 377 | 364.10 Undue advantage to person or locality prohibited; |
| 378 | Lifeline service.-- |
| 379 | (3)(a) Effective September 1, 2003, any local exchange |
| 380 | telecommunications company authorized by the commission to |
| 381 | reduce its switched network access rate pursuant to s. 364.164 |
| 382 | shall have tariffed and shall provide Lifeline service to any |
| 383 | otherwise eligible customer or potential customer who meets an |
| 384 | income eligibility test at 135 125 percent or less of the |
| 385 | federal poverty income guidelines for Lifeline customers. Such a |
| 386 | test for eligibility must augment, rather than replace, the |
| 387 | eligibility standards established by federal law and based on |
| 388 | participation in certain low-income assistance programs. Each |
| 389 | intrastate interexchange telecommunications company shall, |
| 390 | effective September 1, 2003, file a tariff providing at a |
| 391 | minimum the intrastate interexchange telecommunications |
| 392 | carrier's current Lifeline benefits and exemptions to Lifeline |
| 393 | customers who meet the income eligibility test set forth in this |
| 394 | subsection. The Office of Public Counsel shall certify and |
| 395 | maintain claims submitted by a customer for eligibility under |
| 396 | the income test authorized by this subsection. |
| 397 | Section 10. Paragraph (c) of subsection (1) of section |
| 398 | 364.335, Florida Statutes, is amended to read: |
| 399 | 364.335 Application for certificate.-- |
| 400 | (1) Each applicant for a certificate shall: |
| 401 | (c) File the application fee required by the commission in |
| 402 | an amount not to exceed $500 $250. Such fees shall be deposited |
| 403 | in accordance with s. 350.113. |
| 404 | Section 11. Section 364.336, Florida Statutes, is amended |
| 405 | to read: |
| 406 | 364.336 Regulatory assessment fees.--Notwithstanding any |
| 407 | provisions of law to the contrary, each telecommunications |
| 408 | company licensed or operating under this chapter, for any part |
| 409 | of the preceding 6-month period, shall pay to the commission, |
| 410 | within 30 days following the end of each 6-month period, a fee |
| 411 | that may not exceed 0.25 percent annually of its gross operating |
| 412 | revenues derived from intrastate business, except, for purposes |
| 413 | of this section and the fee specified in s. 350.113(3), any |
| 414 | amount paid to another telecommunications company for the use of |
| 415 | any telecommunications network shall be deducted from the gross |
| 416 | operating revenue for purposes of computing the fee due. The |
| 417 | commission shall by rule assess a minimum fee in an amount up to |
| 418 | $1,000. The minimum amount may be different depending on the |
| 419 | type of service provided by the telecommunications company and |
| 420 | shall, to the extent practicable, be related to the cost of |
| 421 | regulating such type of company. Differences, if any, between |
| 422 | the amount paid in any 6-month period and the amount actually |
| 423 | determined by the commission to be due shall, upon motion by the |
| 424 | commission, be immediately paid or refunded. Fees under this |
| 425 | section may not be less than $50 annually. Such fees shall be |
| 426 | deposited in accordance with s. 350.113. The commission may by |
| 427 | rule establish criteria for payment of the regulatory assessment |
| 428 | fee on an annual basis rather than on a semiannual basis. |
| 429 | Section 12. Section 364.502, Florida Statutes, is |
| 430 | repealed. |
| 431 | Section 13. Subsection (6) of section 196.012, Florida |
| 432 | Statutes, is amended to read: |
| 433 | 196.012 Definitions.--For the purpose of this chapter, the |
| 434 | following terms are defined as follows, except where the context |
| 435 | clearly indicates otherwise: |
| 436 | (6) Governmental, municipal, or public purpose or function |
| 437 | shall be deemed to be served or performed when the lessee under |
| 438 | any leasehold interest created in property of the United States, |
| 439 | the state or any of its political subdivisions, or any |
| 440 | municipality, agency, special district, authority, or other |
| 441 | public body corporate of the state is demonstrated to perform a |
| 442 | function or serve a governmental purpose which could properly be |
| 443 | performed or served by an appropriate governmental unit or which |
| 444 | is demonstrated to perform a function or serve a purpose which |
| 445 | would otherwise be a valid subject for the allocation of public |
| 446 | funds. For purposes of the preceding sentence, an activity |
| 447 | undertaken by a lessee which is permitted under the terms of its |
| 448 | lease of real property designated as an aviation area on an |
| 449 | airport layout plan which has been approved by the Federal |
| 450 | Aviation Administration and which real property is used for the |
| 451 | administration, operation, business offices and activities |
| 452 | related specifically thereto in connection with the conduct of |
| 453 | an aircraft full service fixed base operation which provides |
| 454 | goods and services to the general aviation public in the |
| 455 | promotion of air commerce shall be deemed an activity which |
| 456 | serves a governmental, municipal, or public purpose or function. |
| 457 | Any activity undertaken by a lessee which is permitted under the |
| 458 | terms of its lease of real property designated as a public |
| 459 | airport as defined in s. 332.004(14) by municipalities, |
| 460 | agencies, special districts, authorities, or other public bodies |
| 461 | corporate and public bodies politic of the state, a spaceport as |
| 462 | defined in s. 331.303(19), or which is located in a deepwater |
| 463 | port identified in s. 403.021(9)(b) and owned by one of the |
| 464 | foregoing governmental units, subject to a leasehold or other |
| 465 | possessory interest of a nongovernmental lessee that is deemed |
| 466 | to perform an aviation, airport, aerospace, maritime, or port |
| 467 | purpose or operation shall be deemed an activity that serves a |
| 468 | governmental, municipal, or public purpose. The use by a lessee, |
| 469 | licensee, or management company of real property or a portion |
| 470 | thereof as a convention center, visitor center, sports facility |
| 471 | with permanent seating, concert hall, arena, stadium, park, or |
| 472 | beach is deemed a use that serves a governmental, municipal, or |
| 473 | public purpose or function when access to the property is open |
| 474 | to the general public with or without a charge for admission. If |
| 475 | property deeded to a municipality by the United States is |
| 476 | subject to a requirement that the Federal Government, through a |
| 477 | schedule established by the Secretary of the Interior, determine |
| 478 | that the property is being maintained for public historic |
| 479 | preservation, park, or recreational purposes and if those |
| 480 | conditions are not met the property will revert back to the |
| 481 | Federal Government, then such property shall be deemed to serve |
| 482 | a municipal or public purpose. The term "governmental purpose" |
| 483 | also includes a direct use of property on federal lands in |
| 484 | connection with the Federal Government's Space Exploration |
| 485 | Program or spaceport activities as defined in s. 212.02(22). |
| 486 | Real property and tangible personal property owned by the |
| 487 | Federal Government or the Florida Space Authority and used for |
| 488 | defense and space exploration purposes or which is put to a use |
| 489 | in support thereof shall be deemed to perform an essential |
| 490 | national governmental purpose and shall be exempt. "Owned by the |
| 491 | lessee" as used in this chapter does not include personal |
| 492 | property, buildings, or other real property improvements used |
| 493 | for the administration, operation, business offices and |
| 494 | activities related specifically thereto in connection with the |
| 495 | conduct of an aircraft full service fixed based operation which |
| 496 | provides goods and services to the general aviation public in |
| 497 | the promotion of air commerce provided that the real property is |
| 498 | designated as an aviation area on an airport layout plan |
| 499 | approved by the Federal Aviation Administration. For purposes of |
| 500 | determination of "ownership," buildings and other real property |
| 501 | improvements which will revert to the airport authority or other |
| 502 | governmental unit upon expiration of the term of the lease shall |
| 503 | be deemed "owned" by the governmental unit and not the lessee. |
| 504 | Providing two-way telecommunications services to the public for |
| 505 | hire by the use of a telecommunications facility, as defined in |
| 506 | s. 364.02(15) s. 364.02(14), and for which a certificate is |
| 507 | required under chapter 364 does not constitute an exempt use for |
| 508 | purposes of s. 196.199, unless the telecommunications services |
| 509 | are provided by the operator of a public-use airport, as defined |
| 510 | in s. 332.004, for the operator's provision of |
| 511 | telecommunications services for the airport or its tenants, |
| 512 | concessionaires, or licensees, or unless the telecommunications |
| 513 | services are provided by a public hospital. However, property |
| 514 | that is being used to provide such telecommunications services |
| 515 | on or before October 1, 1997, shall remain exempt, but such |
| 516 | exemption expires October 1, 2004. |
| 517 | Section 14. Paragraph (b) of subsection (1) of section |
| 518 | 199.183, Florida Statutes, is amended to read: |
| 519 | 199.183 Taxpayers exempt from annual and nonrecurring |
| 520 | taxes.-- |
| 521 | (1) Intangible personal property owned by this state or |
| 522 | any of its political subdivisions or municipalities shall be |
| 523 | exempt from taxation under this chapter. This exemption does not |
| 524 | apply to: |
| 525 | (b) Property related to the provision of two-way |
| 526 | telecommunications services to the public for hire by the use of |
| 527 | a telecommunications facility, as defined in s. 364.02(15) s. |
| 528 | 364.02(14), and for which a certificate is required under |
| 529 | chapter 364, when such service is provided by any county, |
| 530 | municipality, or other political subdivision of the state. Any |
| 531 | immunity of any political subdivision of the state or other |
| 532 | entity of local government from taxation of the property used to |
| 533 | provide telecommunication services that is taxed as a result of |
| 534 | this paragraph is hereby waived. However, intangible personal |
| 535 | property related to the provision of such telecommunications |
| 536 | services provided by the operator of a public-use airport, as |
| 537 | defined in s. 332.004, for the operator's provision of |
| 538 | telecommunications services for the airport or its tenants, |
| 539 | concessionaires, or licensees, and intangible personal property |
| 540 | related to the provision of such telecommunications services |
| 541 | provided by a public hospital, are exempt from taxation under |
| 542 | this chapter. |
| 543 | Section 15. Subsection (6) of section 212.08, Florida |
| 544 | Statutes, is amended to read: |
| 545 | 212.08 Sales, rental, use, consumption, distribution, and |
| 546 | storage tax; specified exemptions.--The sale at retail, the |
| 547 | rental, the use, the consumption, the distribution, and the |
| 548 | storage to be used or consumed in this state of the following |
| 549 | are hereby specifically exempt from the tax imposed by this |
| 550 | chapter. |
| 551 | (6) EXEMPTIONS; POLITICAL SUBDIVISIONS.--There are also |
| 552 | exempt from the tax imposed by this chapter sales made to the |
| 553 | United States Government, a state, or any county, municipality, |
| 554 | or political subdivision of a state when payment is made |
| 555 | directly to the dealer by the governmental entity. This |
| 556 | exemption shall not inure to any transaction otherwise taxable |
| 557 | under this chapter when payment is made by a government employee |
| 558 | by any means, including, but not limited to, cash, check, or |
| 559 | credit card when that employee is subsequently reimbursed by the |
| 560 | governmental entity. This exemption does not include sales of |
| 561 | tangible personal property made to contractors employed either |
| 562 | directly or as agents of any such government or political |
| 563 | subdivision thereof when such tangible personal property goes |
| 564 | into or becomes a part of public works owned by such government |
| 565 | or political subdivision. A determination whether a particular |
| 566 | transaction is properly characterized as an exempt sale to a |
| 567 | government entity or a taxable sale to a contractor shall be |
| 568 | based on the substance of the transaction rather than the form |
| 569 | in which the transaction is cast. The department shall adopt |
| 570 | rules that give special consideration to factors that govern the |
| 571 | status of the tangible personal property before its affixation |
| 572 | to real property. In developing these rules, assumption of the |
| 573 | risk of damage or loss is of paramount consideration in the |
| 574 | determination. This exemption does not include sales, rental, |
| 575 | use, consumption, or storage for use in any political |
| 576 | subdivision or municipality in this state of machines and |
| 577 | equipment and parts and accessories therefor used in the |
| 578 | generation, transmission, or distribution of electrical energy |
| 579 | by systems owned and operated by a political subdivision in this |
| 580 | state for transmission or distribution expansion. Likewise |
| 581 | exempt are charges for services rendered by radio and television |
| 582 | stations, including line charges, talent fees, or license fees |
| 583 | and charges for films, videotapes, and transcriptions used in |
| 584 | producing radio or television broadcasts. The exemption provided |
| 585 | in this subsection does not include sales, rental, use, |
| 586 | consumption, or storage for use in any political subdivision or |
| 587 | municipality in this state of machines and equipment and parts |
| 588 | and accessories therefor used in providing two-way |
| 589 | telecommunications services to the public for hire by the use of |
| 590 | a telecommunications facility, as defined in s. 364.02(15) s. |
| 591 | 364.02(14), and for which a certificate is required under |
| 592 | chapter 364, which facility is owned and operated by any county, |
| 593 | municipality, or other political subdivision of the state. Any |
| 594 | immunity of any political subdivision of the state or other |
| 595 | entity of local government from taxation of the property used to |
| 596 | provide telecommunication services that is taxed as a result of |
| 597 | this section is hereby waived. However, the exemption provided |
| 598 | in this subsection includes transactions taxable under this |
| 599 | chapter which are for use by the operator of a public-use |
| 600 | airport, as defined in s. 332.004, in providing such |
| 601 | telecommunications services for the airport or its tenants, |
| 602 | concessionaires, or licensees, or which are for use by a public |
| 603 | hospital for the provision of such telecommunications services. |
| 604 | Section 16. Subsection (8) of section 290.007, Florida |
| 605 | Statutes, is amended to read: |
| 606 | 290.007 State incentives available in enterprise |
| 607 | zones.--The following incentives are provided by the state to |
| 608 | encourage the revitalization of enterprise zones: |
| 609 | (8) Notwithstanding any law to the contrary, the Public |
| 610 | Service Commission may allow public utilities and |
| 611 | telecommunications companies to grant discounts of up to 50 |
| 612 | percent on tariffed rates for services to small businesses |
| 613 | located in an enterprise zone designated pursuant to s. |
| 614 | 290.0065. Such discounts may be granted for a period not to |
| 615 | exceed 5 years. For purposes of this subsection, the term |
| 616 | "public utility" has the same meaning as in s. 366.02(1) and the |
| 617 | term "telecommunications company" has the same meaning as in s. |
| 618 | 364.02(14) s. 364.02(13). |
| 619 | Section 17. Subsection (3) of section 350.0605, Florida |
| 620 | Statutes, is amended to read: |
| 621 | 350.0605 Former commissioners and employees; |
| 622 | representation of clients before commission.-- |
| 623 | (3) For a period of 2 years following termination of |
| 624 | service on the commission, a former member may not accept |
| 625 | employment by or compensation from a business entity which, |
| 626 | directly or indirectly, owns or controls a public utility |
| 627 | regulated by the commission, from a public utility regulated by |
| 628 | the commission, from a business entity which, directly or |
| 629 | indirectly, is an affiliate or subsidiary of a public utility |
| 630 | regulated by the commission or is an actual business competitor |
| 631 | of a local exchange company or public utility regulated by the |
| 632 | commission and is otherwise exempt from regulation by the |
| 633 | commission under ss. 364.02(14) 364.02(13) and 366.02(1), or |
| 634 | from a business entity or trade association that has been a |
| 635 | party to a commission proceeding within the 2 years preceding |
| 636 | the member's termination of service on the commission. This |
| 637 | subsection applies only to members of the Florida Public Service |
| 638 | Commission who are appointed or reappointed after May 10, 1993. |
| 639 | Section 18. Subsection (4) of section 364.602, Florida |
| 640 | Statutes, is amended to read: |
| 641 | 364.602 Definitions.--For purposes of this part: |
| 642 | (4) "Originating party" means any person, firm, |
| 643 | corporation, or other entity, including a telecommunications |
| 644 | company or a billing clearinghouse, that provides any |
| 645 | telecommunications service or information service to a customer |
| 646 | or bills a customer through a billing party, except the term |
| 647 | "originating party" does not include any entity specifically |
| 648 | exempted from the definition of "telecommunications company" as |
| 649 | provided in s. 364.02(14) s. 364.02(13). |
| 650 | Section 19. Subsection (5) of section 489.103, Florida |
| 651 | Statutes, is amended to read: |
| 652 | 489.103 Exemptions.--This part does not apply to: |
| 653 | (5) Public utilities, including special gas districts as |
| 654 | defined in chapter 189, telecommunications companies as defined |
| 655 | in s. 364.02(14) s. 364.02(13), and natural gas transmission |
| 656 | companies as defined in s. 368.103(4), on construction, |
| 657 | maintenance, and development work performed by their employees, |
| 658 | which work, including, but not limited to, work on bridges, |
| 659 | roads, streets, highways, or railroads, is incidental to their |
| 660 | business. The board shall define, by rule, the term "incidental |
| 661 | to their business" for purposes of this subsection. |
| 662 | Section 20. Nothing in this act shall be construed to |
| 663 | limit the rights of local government or the duties of providers |
| 664 | of cable service to comply with any and all requirements of |
| 665 | federal, state, or local law, including, but not limited to, 47 |
| 666 | U.S.C. 541 and ss. 166.046 and 337.401, Florida Statutes. |
| 667 | Section 21. Except as otherwise provided herein, this act |
| 668 | shall take effect July 1, 2005. |