Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 2068
                        Barcode 105484
                            CHAMBER ACTION
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11  The Committee on Communications and Public Utilities
12  (Constantine) recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 364.01, Florida Statutes, is
19  amended to read:
20         364.01  Powers of commission, legislative intent.--
21         (1)  The Florida Public Service Commission shall
22  exercise over and in relation to telecommunications companies
23  the powers conferred by this chapter.
24         (2)  The Florida Public Service Commission has It is
25  the legislative intent to give exclusive jurisdiction in all
26  matters set forth in this chapter to regulate the Florida
27  Public Service Commission in regulating telecommunications
28  companies, and the such preemption shall supersede any local
29  or special act or municipal charter where any conflict of
30  authority may exist.  However, the provisions of this chapter
31  do shall not affect the authority and powers granted in s.
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2068 Barcode 105484 1 166.231(9) or s. 337.401. 2 (3) Activities regulated under laws administered by 3 the Florida Public Service Commission are exempt from chapter 4 501. Communications activities that are not regulated by the 5 Florida Public Service Commission, including, but not limited 6 to, VoIP, wireless, and broadband, are subject to this state's 7 generally applicable business regulation and deceptive trade 8 practices and consumer protection laws, as enforced by the 9 appropriate state authority or through actions in the judicial 10 system. This chapter does not limit the availability to any 11 party of any remedy or defense under state or federal 12 antitrust laws. The Legislature finds that the competitive 13 provision of telecommunications services, including local 14 exchange telecommunications service, is in the public interest 15 and will provide customers with freedom of choice, encourage 16 the introduction of new telecommunications service, encourage 17 technological innovation, and encourage investment in 18 telecommunications infrastructure. The Legislature further 19 finds that the transition from the monopoly provision of local 20 exchange service to the competitive provision thereof will 21 require appropriate regulatory oversight to protect consumers 22 and provide for the development of fair and effective 23 competition, but nothing in this chapter shall limit the 24 availability to any party of any remedy under state or federal 25 antitrust laws. The Legislature further finds that changes in 26 regulations allowing increased competition in 27 telecommunications services could provide the occasion for 28 increases in the telecommunications workforce; therefore, it 29 is in the public interest that competition in 30 telecommunications services lead to a situation that enhances 31 the high-technological skills and the economic status of the 2 9:30 AM 04/01/05 s2068d-cu22-tcu
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2068 Barcode 105484 1 telecommunications workforce. The Legislature further finds 2 that the provision of voice-over-Internet protocol (VOIP) free 3 of unnecessary regulation, regardless of the provider, is in 4 the public interest. 5 (4) The commission shall exercise its exclusive 6 jurisdiction in order to: 7 (a) Protect the public health, safety, and welfare by 8 ensuring that basic local telecommunications services are 9 available to all consumers in the state at reasonable and 10 affordable prices. 11 (b) Encourage competition through flexible regulatory 12 treatment among providers of telecommunications services in 13 order to ensure the availability of the widest possible range 14 of consumer choice in the provision of all telecommunications 15 services. 16 (c) Protect the public health, safety, and welfare by 17 ensuring that monopoly services provided by telecommunications 18 companies continue to be subject to effective price, rate, and 19 service regulation. 20 (d) Promote competition by encouraging innovation and 21 investment in new entrants into telecommunications markets and 22 by allowing a transitional period in which new and emerging 23 technologies entrants are subject to a reduced lesser level of 24 regulatory oversight than local exchange telecommunications 25 companies. 26 (e) Encourage all providers of telecommunications 27 services to introduce new or experimental telecommunications 28 services free of unnecessary regulatory restraints. 29 (f) Eliminate any rules or and/or regulations which 30 will delay or impair the transition to competition. 31 (g) Ensure that all providers of telecommunications 3 9:30 AM 04/01/05 s2068d-cu22-tcu
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2068 Barcode 105484 1 services are treated fairly, by preventing anticompetitive 2 behavior and eliminating unnecessary regulatory restraint. 3 (h) Recognize the continuing emergence of a 4 competitive telecommunications environment through the 5 flexible regulatory treatment of competitive 6 telecommunications services, where appropriate, if doing so 7 does not reduce the availability of adequate basic local 8 telecommunications service to all citizens of the state at 9 reasonable and affordable prices, if competitive 10 telecommunications services are not subsidized by monopoly 11 telecommunications services, and if all monopoly services are 12 available to all competitors on a nondiscriminatory basis. 13 (i) Continue its historical role as a surrogate for 14 competition for monopoly services provided by local exchange 15 telecommunications companies. 16 Section 2. Section 364.011, Florida Statutes, is 17 created to read: 18 364.011 Exemptions from commission jurisdiction.--The 19 following services are exempt from oversight by the 20 commission, except to the extent delineated in this chapter or 21 specifically authorized by federal law: 22 (1) Intrastate interexchange telecommunications 23 services. 24 (2) Broadband services, regardless of the provider, 25 platform, or protocol. 26 (3) VoIP. 27 (4) Wireless telecommunications, including commercial 28 mobile radio service providers. 29 Section 3. Section 364.012, Florida Statutes, is 30 created to read: 31 364.012 Consistency with federal law.-- 4 9:30 AM 04/01/05 s2068d-cu22-tcu
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2068 Barcode 105484 1 (1) In order to promote commission coordination with 2 federal policymakers and regulatory agencies, the commission 3 shall maintain continuous liaisons with appropriate federal 4 agencies whose policy decisions and rulemaking authority 5 affect those telecommunications companies over which the 6 commission has jurisdiction. The commission is encouraged to 7 participate in the proceedings of federal agencies in cases in 8 which the state's consumers may be affected and to convey the 9 commission's policy positions and information requirements in 10 order to achieve greater efficiency in regulation. 11 (2) This chapter does not limit or modify the duties 12 of a local exchange carrier to provide unbundled access to 13 network elements or the commission's authority to arbitrate 14 and enforce interconnection agreements to the extent that 15 those elements are required under 47 U.S.C. ss. 251 and 252, 16 and under any regulations issued by the Federal Communications 17 Commission at rates determined in accordance with the 18 standards established by the Federal Communications Commission 19 pursuant to 47 C.F.R. ss. 51.503-51.513, inclusive of any 20 successor regulation or successor forbearance of regulation. 21 Section 4. Section 364.013, Florida Statutes, is 22 created to read: 23 364.013 Emerging and advanced services.--Broadband 24 service shall remain free of state and local regulation, 25 regardless of the provider, platform, or protocol. In 26 addition, the provision of voice-over-Internet protocol (VoIP) 27 shall be free of regulation, except as delineated in this 28 chapter or as specifically authorized by federal law, 29 regardless of the provider, platform, or protocol. 30 Section 5. Section 364.02, Florida Statutes, is 31 amended to read: 5 9:30 AM 04/01/05 s2068d-cu22-tcu
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2068 Barcode 105484 1 364.02 Definitions.--As used in this chapter: 2 (1) "Basic local telecommunications service" means 3 voice-grade, flat-rate residential, and flat-rate single-line 4 business local exchange services which provide dial tone, 5 local usage necessary to place unlimited calls within a local 6 exchange area, dual tone multifrequency dialing, and access to 7 the following: emergency services such as "911," all locally 8 available interexchange companies, directory assistance, 9 operator services, relay services, and an alphabetical 10 directory listing. For a local exchange telecommunications 11 company, the such term shall include any extended area service 12 routes, and extended calling service in existence or ordered 13 by the commission on or before July 1, 1995. 14 (2) "Broadband service" means any service that 15 consists of or includes the offering of the capability to 16 transmit or receive information at a rate that is not less 17 than 200 kilobits per second and either: 18 (a) Is used to provide access to the Internet; or 19 (b) Provides computer processing, information storage, 20 information content, or protocol conversion in combination 21 with the service. 22 23 The definition of broadband service does not include any 24 intrastate telecommunications services that have been tariffed 25 with the commission on or before January 1, 2005. 26 (3)(2) "Commercial mobile radio service provider" 27 means a commercial mobile radio service provider as defined by 28 and pursuant to 47 U.S.C. ss. 153(n) and 332(d). 29 (4)(3) "Commission" means the Florida Public Service 30 Commission. 31 (5)(4) "Competitive local exchange telecommunications 6 9:30 AM 04/01/05 s2068d-cu22-tcu
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2068 Barcode 105484 1 company" means any company certificated by the commission to 2 provide local exchange telecommunications services in this 3 state on or after July 1, 1995. 4 (6)(5) "Corporation" includes a corporation, company, 5 association, or joint stock association. 6 (7)(6) "Intrastate interexchange telecommunications 7 company" means any entity that provides intrastate 8 interexchange telecommunications services. 9 (8)(7) "Local exchange telecommunications company" 10 means any company certificated by the commission to provide 11 local exchange telecommunications service in this state on or 12 before June 30, 1995. 13 (9)(8) "Monopoly service" means a telecommunications 14 service for which there is no effective competition, either in 15 fact or by operation of law. 16 (10)(9) "Nonbasic service" means any 17 telecommunications service provided by a local exchange 18 telecommunications company other than a basic local 19 telecommunications service, a local interconnection 20 arrangement described in s. 364.16, or a network access 21 service described in s. 364.163. 22 (11)(10) "Operator service" includes, but is not 23 limited to, billing or completion of third-party, 24 person-to-person, collect, or calling card or credit card 25 calls through the use of a live operator or automated 26 equipment. 27 (12)(11) "Operator service provider" means a person 28 who furnishes operator service through a call aggregator. 29 (13)(12) "Service" is to be construed in its broadest 30 and most inclusive sense. The term "service" does not include 31 broadband service or voice-over-Internet protocol service for 7 9:30 AM 04/01/05 s2068d-cu22-tcu
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2068 Barcode 105484 1 purposes of regulation by the commission. Nothing herein shall 2 affect the rights and obligations of any entity related to the 3 payment of switched network access rates or other intercarrier 4 compensation, if any, related to voice-over-Internet protocol 5 service. 6 (14)(13) "Telecommunications company" includes every 7 corporation, partnership, and person and their lessees, 8 trustees, or receivers appointed by any court whatsoever, and 9 every political subdivision in the state, offering two-way 10 telecommunications service to the public for hire within this 11 state by the use of a telecommunications facility. The term 12 "telecommunications company" does not include: 13 (a) An entity which provides a telecommunications 14 facility exclusively to a certificated telecommunications 15 company; 16 (b) An entity which provides a telecommunications 17 facility exclusively to a company which is excluded from the 18 definition of a telecommunications company under this 19 subsection; 20 (c) A commercial mobile radio service provider; 21 (d) A facsimile transmission service; 22 (e) A private computer data network company not 23 offering service to the public for hire; 24 (f) A cable television company providing cable service 25 as defined in 47 U.S.C. s. 522; or 26 (g) An intrastate interexchange telecommunications 27 company. 28 29 However, each commercial mobile radio service provider and 30 each intrastate interexchange telecommunications company shall 31 continue to be liable for any taxes imposed under pursuant to 8 9:30 AM 04/01/05 s2068d-cu22-tcu
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2068 Barcode 105484 1 chapters 202, 203, and 212 and any fees assessed under 2 pursuant to ss. 364.025 and 364.336. Each intrastate 3 interexchange telecommunications company shall continue to be 4 subject to ss. 364.04, 364.10(3)(a) and (d), 364.163, 364.285, 5 364.501, 364.603, and 364.604, shall provide the commission 6 with such current information as the commission deems 7 necessary to contact and communicate with the company, shall 8 continue to pay intrastate switched network access rates or 9 other intercarrier compensation to the local exchange 10 telecommunications company or the competitive local exchange 11 telecommunications company for the origination and termination 12 of interexchange telecommunications service, and shall reduce 13 its intrastate long distance toll rates in accordance with s. 14 364.163(2). 15 (15)(14) "Telecommunications facility" includes real 16 estate, easements, apparatus, property, and routes used and 17 operated to provide two-way telecommunications service to the 18 public for hire within this state. 19 (16) "VoIP" means the voice-over-Internet protocol as 20 that term is defined in federal law. 21 Section 6. Section 364.0361, Florida Statutes, is 22 amended to read: 23 364.0361 Local government authority; nondiscriminatory 24 exercise.--A local government shall treat each 25 telecommunications company in a nondiscriminatory manner when 26 exercising its authority to grant franchises to a 27 telecommunications company or to otherwise establish 28 conditions or compensation for the use of rights-of-way or 29 other public property by a telecommunications company. A local 30 government may not directly or indirectly regulate the terms 31 and conditions, including, but not limited to, the operating 9 9:30 AM 04/01/05 s2068d-cu22-tcu
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2068 Barcode 105484 1 systems, qualifications, services, service quality, service 2 territory, and prices, applicable to or in connection with the 3 provision of any voice-over-Internet protocol, broadband or 4 information service, regardless of the platform, provider, or 5 protocol. This section does not relieve a provider from any 6 obligations under s. 166.046 or s. 337.401. 7 Section 7. Paragraph (a) of subsection (3) of section 8 364.10, Florida Statutes, is amended to read: 9 364.10 Undue advantage to person or locality 10 prohibited; Lifeline service.-- 11 (3)(a) Effective September 1, 2003, any local exchange 12 telecommunications company authorized by the commission to 13 reduce its switched network access rate under pursuant to s. 14 364.164 shall have tariffed and shall provide Lifeline service 15 to any otherwise eligible customer or potential customer who 16 meets an income eligibility test at 135 125 percent or less of 17 the federal poverty income guidelines for Lifeline customers. 18 The Such a test for eligibility must augment, rather than 19 replace, the eligibility standards established by federal law 20 and based on participation in certain low-income assistance 21 programs. Each intrastate interexchange telecommunications 22 company shall, effective September 1, 2003, file a tariff 23 providing at a minimum the intrastate interexchange 24 telecommunications carrier's current Lifeline benefits and 25 exemptions to Lifeline customers who meet the income 26 eligibility test set forth in this subsection. The Office of 27 Public Counsel shall certify and maintain claims submitted by 28 a customer for eligibility under the income test authorized by 29 this subsection. 30 Section 8. Section 364.502, Florida Statutes, is 31 repealed. 10 9:30 AM 04/01/05 s2068d-cu22-tcu
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2068 Barcode 105484 1 Section 9. Subsection (6) of section 196.012, Florida 2 Statutes, is amended to read: 3 196.012 Definitions.--For the purpose of this chapter, 4 the following terms are defined as follows, except where the 5 context clearly indicates otherwise: 6 (6) Governmental, municipal, or public purpose or 7 function shall be deemed to be served or performed when the 8 lessee under any leasehold interest created in property of the 9 United States, the state or any of its political subdivisions, 10 or any municipality, agency, special district, authority, or 11 other public body corporate of the state is demonstrated to 12 perform a function or serve a governmental purpose which could 13 properly be performed or served by an appropriate governmental 14 unit or which is demonstrated to perform a function or serve a 15 purpose which would otherwise be a valid subject for the 16 allocation of public funds. For purposes of the preceding 17 sentence, an activity undertaken by a lessee which is 18 permitted under the terms of its lease of real property 19 designated as an aviation area on an airport layout plan which 20 has been approved by the Federal Aviation Administration and 21 which real property is used for the administration, operation, 22 business offices and activities related specifically thereto 23 in connection with the conduct of an aircraft full service 24 fixed base operation which provides goods and services to the 25 general aviation public in the promotion of air commerce shall 26 be deemed an activity which serves a governmental, municipal, 27 or public purpose or function. Any activity undertaken by a 28 lessee which is permitted under the terms of its lease of real 29 property designated as a public airport as defined in s. 30 332.004(14) by municipalities, agencies, special districts, 31 authorities, or other public bodies corporate and public 11 9:30 AM 04/01/05 s2068d-cu22-tcu
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2068 Barcode 105484 1 bodies politic of the state, a spaceport as defined in s. 2 331.303(19), or which is located in a deepwater port 3 identified in s. 403.021(9)(b) and owned by one of the 4 foregoing governmental units, subject to a leasehold or other 5 possessory interest of a nongovernmental lessee that is deemed 6 to perform an aviation, airport, aerospace, maritime, or port 7 purpose or operation shall be deemed an activity that serves a 8 governmental, municipal, or public purpose. The use by a 9 lessee, licensee, or management company of real property or a 10 portion thereof as a convention center, visitor center, sports 11 facility with permanent seating, concert hall, arena, stadium, 12 park, or beach is deemed a use that serves a governmental, 13 municipal, or public purpose or function when access to the 14 property is open to the general public with or without a 15 charge for admission. If property deeded to a municipality by 16 the United States is subject to a requirement that the Federal 17 Government, through a schedule established by the Secretary of 18 the Interior, determine that the property is being maintained 19 for public historic preservation, park, or recreational 20 purposes and if those conditions are not met the property will 21 revert back to the Federal Government, then such property 22 shall be deemed to serve a municipal or public purpose. The 23 term "governmental purpose" also includes a direct use of 24 property on federal lands in connection with the Federal 25 Government's Space Exploration Program or spaceport activities 26 as defined in s. 212.02(22). Real property and tangible 27 personal property owned by the Federal Government or the 28 Florida Space Authority and used for defense and space 29 exploration purposes or which is put to a use in support 30 thereof shall be deemed to perform an essential national 31 governmental purpose and shall be exempt. "Owned by the 12 9:30 AM 04/01/05 s2068d-cu22-tcu
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2068 Barcode 105484 1 lessee" as used in this chapter does not include personal 2 property, buildings, or other real property improvements used 3 for the administration, operation, business offices and 4 activities related specifically thereto in connection with the 5 conduct of an aircraft full service fixed based operation 6 which provides goods and services to the general aviation 7 public in the promotion of air commerce provided that the real 8 property is designated as an aviation area on an airport 9 layout plan approved by the Federal Aviation Administration. 10 For purposes of determination of "ownership," buildings and 11 other real property improvements which will revert to the 12 airport authority or other governmental unit upon expiration 13 of the term of the lease shall be deemed "owned" by the 14 governmental unit and not the lessee. Providing two-way 15 telecommunications services to the public for hire by the use 16 of a telecommunications facility, as defined in s. 364.02(15) 17 s.364.02(14), and for which a certificate is required under 18 chapter 364 does not constitute an exempt use for purposes of 19 s. 196.199, unless the telecommunications services are 20 provided by the operator of a public-use airport, as defined 21 in s. 332.004, for the operator's provision of 22 telecommunications services for the airport or its tenants, 23 concessionaires, or licensees, or unless the 24 telecommunications services are provided by a public hospital. 25 However, property that is being used to provide such 26 telecommunications services on or before October 1, 1997, 27 shall remain exempt, but such exemption expires October 1, 28 2004. 29 Section 10. Paragraph (b) of subsection (1) of section 30 199.183, Florida Statutes, is amended to read: 31 199.183 Taxpayers exempt from annual and nonrecurring 13 9:30 AM 04/01/05 s2068d-cu22-tcu
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2068 Barcode 105484 1 taxes.-- 2 (1) Intangible personal property owned by this state 3 or any of its political subdivisions or municipalities shall 4 be exempt from taxation under this chapter. This exemption 5 does not apply to: 6 (b) Property related to the provision of two-way 7 telecommunications services to the public for hire by the use 8 of a telecommunications facility, as defined in s. 364.02(15) 9 s. 364.02(14), and for which a certificate is required under 10 chapter 364, when the such service is provided by any county, 11 municipality, or other political subdivision of the state. Any 12 immunity of any political subdivision of the state or other 13 entity of local government from taxation of the property used 14 to provide telecommunication services that is taxed as a 15 result of this paragraph is hereby waived. However, intangible 16 personal property related to the provision of such 17 telecommunications services provided by the operator of a 18 public-use airport, as defined in s. 332.004, for the 19 operator's provision of telecommunications services for the 20 airport or its tenants, concessionaires, or licensees, and 21 intangible personal property related to the provision of such 22 telecommunications services provided by a public hospital, are 23 exempt from taxation under this chapter. 24 Section 11. Subsection (6) of section 212.08, Florida 25 Statutes, is amended to read: 26 212.08 Sales, rental, use, consumption, distribution, 27 and storage tax; specified exemptions.--The sale at retail, 28 the rental, the use, the consumption, the distribution, and 29 the storage to be used or consumed in this state of the 30 following are hereby specifically exempt from the tax imposed 31 by this chapter. 14 9:30 AM 04/01/05 s2068d-cu22-tcu
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2068 Barcode 105484 1 (6) EXEMPTIONS; POLITICAL SUBDIVISIONS.--There are 2 also exempt from the tax imposed by this chapter sales made to 3 the United States Government, a state, or any county, 4 municipality, or political subdivision of a state when payment 5 is made directly to the dealer by the governmental entity. 6 This exemption shall not inure to any transaction otherwise 7 taxable under this chapter when payment is made by a 8 government employee by any means, including, but not limited 9 to, cash, check, or credit card when that employee is 10 subsequently reimbursed by the governmental entity. This 11 exemption does not include sales of tangible personal property 12 made to contractors employed either directly or as agents of 13 any such government or political subdivision thereof when such 14 tangible personal property goes into or becomes a part of 15 public works owned by such government or political 16 subdivision. A determination whether a particular transaction 17 is properly characterized as an exempt sale to a government 18 entity or a taxable sale to a contractor shall be based on the 19 substance of the transaction rather than the form in which the 20 transaction is cast. The department shall adopt rules that 21 give special consideration to factors that govern the status 22 of the tangible personal property before its affixation to 23 real property. In developing these rules, assumption of the 24 risk of damage or loss is of paramount consideration in the 25 determination. This exemption does not include sales, rental, 26 use, consumption, or storage for use in any political 27 subdivision or municipality in this state of machines and 28 equipment and parts and accessories therefor used in the 29 generation, transmission, or distribution of electrical energy 30 by systems owned and operated by a political subdivision in 31 this state for transmission or distribution expansion. 15 9:30 AM 04/01/05 s2068d-cu22-tcu
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2068 Barcode 105484 1 Likewise exempt are charges for services rendered by radio and 2 television stations, including line charges, talent fees, or 3 license fees and charges for films, videotapes, and 4 transcriptions used in producing radio or television 5 broadcasts. The exemption provided in this subsection does not 6 include sales, rental, use, consumption, or storage for use in 7 any political subdivision or municipality in this state of 8 machines and equipment and parts and accessories therefor used 9 in providing two-way telecommunications services to the public 10 for hire by the use of a telecommunications facility, as 11 defined in s. 364.02(15) s. 364.02(14), and for which a 12 certificate is required under chapter 364, which facility is 13 owned and operated by any county, municipality, or other 14 political subdivision of the state. Any immunity of any 15 political subdivision of the state or other entity of local 16 government from taxation of the property used to provide 17 telecommunication services that is taxed as a result of this 18 section is hereby waived. However, the exemption provided in 19 this subsection includes transactions taxable under this 20 chapter which are for use by the operator of a public-use 21 airport, as defined in s. 332.004, in providing such 22 telecommunications services for the airport or its tenants, 23 concessionaires, or licensees, or which are for use by a 24 public hospital for the provision of such telecommunications 25 services. 26 Section 12. Subsection (8) of section 290.007, Florida 27 Statutes, is amended to read: 28 290.007 State incentives available in enterprise 29 zones.--The following incentives are provided by the state to 30 encourage the revitalization of enterprise zones: 31 (8) Notwithstanding any law to the contrary, the 16 9:30 AM 04/01/05 s2068d-cu22-tcu
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2068 Barcode 105484 1 Public Service Commission may allow public utilities and 2 telecommunications companies to grant discounts of up to 50 3 percent on tariffed rates for services to small businesses 4 located in an enterprise zone designated pursuant to s. 5 290.0065. Such discounts may be granted for a period not to 6 exceed 5 years. For purposes of this subsection, the term 7 "public utility" has the same meaning as in s. 366.02(1) and 8 the term "telecommunications company" has the same meaning as 9 in s. 364.02(14) s. 364.02(13). 10 Section 13. Subsection (3) of section 350.0605, 11 Florida Statutes, is amended to read: 12 350.0605 Former commissioners and employees; 13 representation of clients before commission.-- 14 (3) For a period of 2 years following termination of 15 service on the commission, a former member may not accept 16 employment by or compensation from a business entity which, 17 directly or indirectly, owns or controls a public utility 18 regulated by the commission, from a public utility regulated 19 by the commission, from a business entity which, directly or 20 indirectly, is an affiliate or subsidiary of a public utility 21 regulated by the commission or is an actual business 22 competitor of a local exchange company or public utility 23 regulated by the commission and is otherwise exempt from 24 regulation by the commission under ss. 364.02(14) 364.02(13) 25 and 366.02(1), or from a business entity or trade association 26 that has been a party to a commission proceeding within the 2 27 years preceding the member's termination of service on the 28 commission. This subsection applies only to members of the 29 Florida Public Service Commission who are appointed or 30 reappointed after May 10, 1993. 31 Section 14. Subsection (4) of section 364.602, Florida 17 9:30 AM 04/01/05 s2068d-cu22-tcu
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2068 Barcode 105484 1 Statutes, is amended to read: 2 364.602 Definitions.--For purposes of this part: 3 (4) "Originating party" means any person, firm, 4 corporation, or other entity, including a telecommunications 5 company or a billing clearinghouse, that provides any 6 telecommunications service or information service to a 7 customer or bills a customer through a billing party, except 8 the term "originating party" does not include any entity 9 specifically exempted from the definition of 10 "telecommunications company" as provided in s. 364.02(14) s. 11 364.02(13). 12 Section 15. Subsection (5) of section 489.103, Florida 13 Statutes, is amended to read: 14 489.103 Exemptions.--This part does not apply to: 15 (5) Public utilities, including special gas districts 16 as defined in chapter 189, telecommunications companies as 17 defined in s. 364.02(14) s. 364.02(13) and natural gas 18 transmission companies as defined in s. 368.103(4), on 19 construction, maintenance, and development work performed by 20 their employees, which work, including, but not limited to, 21 work on bridges, roads, streets, highways, or railroads, is 22 incidental to their business. The board shall define, by rule, 23 the term "incidental to their business" for purposes of this 24 subsection. 25 Section 16. This act shall take effect July 1, 2005. 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 Delete everything before the enacting clause 31 18 9:30 AM 04/01/05 s2068d-cu22-tcu
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2068 Barcode 105484 1 and insert: 2 A bill to be entitled 3 An act relating to telecommunications; amending 4 s. 364.01, F.S.; specifying the exclusive 5 jurisdiction of the Florida Public Service 6 Commission to regulate telecommunications 7 companies; providing that activities regulated 8 by the commission are exempt from ch. 501, 9 F.S., relating to consumer protection; 10 providing that state laws governing business 11 and consumer protection be applied to 12 communications activities that are not 13 regulated by the commission; deleting certain 14 legislative findings with respect to the 15 provision of local telecommunications services; 16 revising provisions governing the exclusive 17 jurisdiction of the commission; creating s. 18 364.011, F.S.; specifying certain services that 19 are exempt from oversight by the commission; 20 creating s. 364.012, F.S.; requiring the 21 commission to coordinate with federal agencies; 22 providing that ch. 364, F.S., does not limit or 23 modify certain duties of a local exchange 24 carrier; creating s. 364.013, F.S.; requiring 25 that broadband service remain free of state and 26 local regulation; requiring that 27 voice-over-Internet protocol remain free of 28 regulation, except as specifically provided in 29 ch. 364, F.S., or by federal law; amending s. 30 364.02, F.S.; defining the terms "broadband 31 service" and "VoIP"; amending s. 364.0361, 19 9:30 AM 04/01/05 s2068d-cu22-tcu
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2068 Barcode 105484 1 F.S.; prohibiting a local government from 2 regulating voice-over-Internet protocol 3 regardless of the platform or provider; 4 amending s. 364.10, F.S.; revising the income 5 threshold for eligibility for Lifeline service; 6 repealing s. 364.502, F.S., relating to video 7 programming services; amending ss. 196.012, 8 199.183, 212.08, 290.007, 350.0605, 364.602, 9 and 489.103, F.S.; conforming cross-references; 10 providing an effective date. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 20 9:30 AM 04/01/05 s2068d-cu22-tcu