Senate Bill sb2068

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    Florida Senate - 2005                                  SB 2068

    By Senator Constantine





    22-1212B-05

  1                      A bill to be entitled

  2         An act relating to telecommunications; amending

  3         s. 364.01, F.S.; specifying the exclusive

  4         jurisdiction of the Florida Public Service

  5         Commission to regulate telecommunications

  6         companies; providing that activities regulated

  7         by the commission are exempt from ch. 501,

  8         F.S., relating to consumer protection;

  9         providing that state laws governing business

10         and consumer protection be applied to

11         communications activities that are not

12         regulated by the commission; deleting certain

13         legislative findings with respect to the

14         provision of local telecommunications services;

15         revising provisions governing the exclusive

16         jurisdiction of the commission; creating s.

17         364.011, F.S.; specifying certain services that

18         are exempt from oversight by the commission;

19         creating s. 364.012, F.S.; requiring that the

20         commission promote consistency with federal law

21         and coordination 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.; amending s. 364.02, F.S.;

30         defining the terms "broadband service" and

31         "VoIP"; amending s. 364.0361, F.S.; prohibiting

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 1         a local government from regulating

 2         voice-over-Internet protocol or other advanced

 3         telecommunications, regardless of the platform

 4         or provider; amending s. 364.10, F.S.; revising

 5         the income threshold for eligibility for

 6         Lifeline service; repealing s. 364.502, F.S.,

 7         relating to video programming services;

 8         amending ss. 196.012, 199.183, 212.08, 290.007,

 9         350.0605, 364.602, and 489.103, F.S.;

10         conforming cross-references; providing an

11         effective date.

12  

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

14  

15         Section 1.  Section 364.01, Florida Statutes, is

16  amended to read:

17         364.01  Powers of commission, legislative intent.--

18         (1)  The Florida Public Service Commission shall

19  exercise over and in relation to telecommunications companies

20  the powers conferred by this chapter.

21         (2)  The Florida Public Service Commission has It is

22  the legislative intent to give exclusive jurisdiction in all

23  matters set forth in this chapter to regulate the Florida

24  Public Service Commission in regulating telecommunications

25  companies, and such preemption shall supersede any local or

26  special act or municipal charter where any conflict of

27  authority may exist.  However, the provisions of this chapter

28  shall not affect the authority and powers granted in s.

29  166.231(9) or s. 337.401.

30         (3)  Activities regulated under laws administered by

31  the Florida Public Service Commission are exempt from chapter

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 1  501. Communications activities that are not regulated by the

 2  Florida Public Service Commission, including, but not limited

 3  to, VoIP, wireless, and broadband, are subject to this state's

 4  generally applicable business regulation and deceptive trade

 5  practices and consumer protection laws, as enforced by the

 6  appropriate state authority or through actions in the judicial

 7  system. This chapter does not limit the availability to any

 8  party of any remedy under state or federal antitrust laws. The

 9  Legislature finds that the competitive provision of

10  telecommunications services, including local exchange

11  telecommunications service, is in the public interest and will

12  provide customers with freedom of choice, encourage the

13  introduction of new telecommunications service, encourage

14  technological innovation, and encourage investment in

15  telecommunications infrastructure.  The Legislature further

16  finds that the transition from the monopoly provision of local

17  exchange service to the competitive provision thereof will

18  require appropriate regulatory oversight to protect consumers

19  and provide for the development of fair and effective

20  competition, but nothing in this chapter shall limit the

21  availability to any party of any remedy under state or federal

22  antitrust laws.  The Legislature further finds that changes in

23  regulations allowing increased competition in

24  telecommunications services could provide the occasion for

25  increases in the telecommunications workforce; therefore, it

26  is in the public interest that competition in

27  telecommunications services lead to a situation that enhances

28  the high-technological skills and the economic status of the

29  telecommunications workforce. The Legislature further finds

30  that the provision of voice-over-Internet protocol (VOIP) free

31  

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 1  of unnecessary regulation, regardless of the provider, is in

 2  the public interest.

 3         (4)  The commission shall exercise its exclusive

 4  jurisdiction in order to:

 5         (a)  Protect the public health, safety, and welfare by

 6  ensuring that basic local telecommunications services, such as

 7  dial-tone service, access to 911, local calling, and access to

 8  a long-distance network, are available to all consumers in the

 9  state at reasonable and affordable prices.

10         (b)  Encourage competition through flexible regulatory

11  treatment among providers of telecommunications services in

12  order to ensure the availability of the widest possible range

13  of consumer choice in the provision of all telecommunications

14  services.

15         (c)  Protect the public health, safety, and welfare by

16  ensuring that monopoly services provided by telecommunications

17  companies continue to be subject to effective price, rate, and

18  service regulation.

19         (d)  Promote competition by encouraging innovation and

20  investment in new entrants into telecommunications markets and

21  by allowing a transitional period in which new and emerging

22  technologies entrants are subject to a reduced lesser level of

23  regulatory oversight than local exchange telecommunications

24  companies.

25         (e)  Encourage all providers of telecommunications

26  services to introduce new or experimental telecommunications

27  services free of unnecessary regulatory restraints.

28         (f)  Eliminate any rules or and/or regulations which

29  will delay or impair the transition to competition.

30  

31  

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 1         (g)  Ensure that all providers of telecommunications

 2  services are treated fairly, by preventing anticompetitive

 3  behavior and eliminating unnecessary regulatory restraint.

 4         (h)  Recognize the continuing emergence of a

 5  competitive telecommunications environment through the

 6  flexible regulatory treatment of competitive

 7  telecommunications services, where appropriate, if doing so

 8  does not reduce the availability of adequate basic local

 9  telecommunications service to all citizens of the state at

10  reasonable and affordable prices, if competitive

11  telecommunications services are not subsidized by monopoly

12  telecommunications services, and if all monopoly services are

13  available to all competitors on a nondiscriminatory basis.

14         (i)  Continue its historical role as a surrogate for

15  competition for monopoly services provided by local exchange

16  telecommunications companies.

17         Section 2.  Section 364.011, Florida Statutes, is

18  created to read:

19         364.011  Exemptions from commission jurisdiction.--The

20  following services are exempt from oversight by the

21  commission, except to the extent delineated in this chapter or

22  specifically authorized by federal law:

23         (1)  Nonbasic telephone services.

24         (2)  Broadband services, regardless of the provider or

25  the platform, including, but not limited to, cable modem

26  service, digital subscriber line service, wireless broadband,

27  or satellite.

28         (3)  VoIP.

29         (4)  Wireless telecommunications.

30         Section 3.  Section 364.012, Florida Statutes, is

31  created to read:

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 1         364.012  Consistency with federal law.--

 2         (1)  The commission shall promote and maintain

 3  consistency with federal law and policies.

 4         (2)  In order to promote commission coordination with

 5  federal policymakers and regulatory agencies, the commission

 6  shall maintain continuous liaisons with appropriate federal

 7  agencies whose policy decisions and rulemaking authority

 8  affect those telecommunications companies over which the

 9  commission has jurisdiction. The commission is encouraged to

10  participate in the proceedings of federal agencies in cases in

11  which the state's consumers may be affected and to convey the

12  commission's policy positions and information requirements in

13  order to achieve greater efficiency in regulation.

14         (3)  This chapter does not limit or modify the duties

15  of a local exchange carrier to provide unbundled access to

16  network elements or the commission's authority to arbitrate

17  and enforce interconnection agreements to the extent that

18  those elements are required under 47 U.S.C. ss. 251 and 252,

19  and under any regulations issued by the Federal Communications

20  Commission at rates determined in accordance with the

21  standards established by the Federal Communications Commission

22  pursuant to 47 C.F.R. ss. 51.503-51.513, inclusive of any

23  successor regulation or successor forbearance of regulation.

24         Section 4.  Section 364.013, Florida Statutes, is

25  created to read:

26         364.013  Emerging and advanced services.--Broadband

27  service shall remain free of state and local regulation,

28  regardless of the provider or the platform, including, but not

29  limited to, cable modem service, digital subscriber line,

30  wireless, and satellite. In addition, the provision of

31  voice-over-Internet protocol (VoIP) shall be free of

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 1  regulation, except as delineated in this chapter or as

 2  specifically authorized by federal law, regardless of the

 3  platform or the provider.

 4         Section 5.  Section 364.02, Florida Statutes, is

 5  amended to read:

 6         364.02  Definitions.--As used in this chapter:

 7         (1)  "Basic local telecommunications service" means

 8  voice-grade, flat-rate residential, and flat-rate single-line

 9  business local exchange services which provide dial tone,

10  local usage necessary to place unlimited calls within a local

11  exchange area, dual tone multifrequency dialing, and access to

12  the following:  emergency services such as "911," all locally

13  available interexchange companies, directory assistance,

14  operator services, relay services, and an alphabetical

15  directory listing. For a local exchange telecommunications

16  company, such term shall include any extended area service

17  routes, and extended calling service in existence or ordered

18  by the commission on or before July 1, 1995.

19         (2)  "Broadband service" means any service that

20  consists of or includes the offering of a capability to

21  transmit or receive information at a rate of no fewer than 200

22  kilobits per second and:

23         (a)  Is used to provide access to the Internet; or

24         (b)  Provides access to computer processing,

25  information storage, information content, or protocol

26  conversion.

27         (3)(2)  "Commercial mobile radio service provider"

28  means a commercial mobile radio service provider as defined by

29  and pursuant to 47 U.S.C. ss. 153(n) and 332(d).

30         (4)(3)  "Commission" means the Florida Public Service

31  Commission.

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 1         (5)(4)  "Competitive local exchange telecommunications

 2  company" means any company certificated by the commission to

 3  provide local exchange telecommunications services in this

 4  state on or after July 1, 1995.

 5         (6)(5)  "Corporation" includes a corporation, company,

 6  association, or joint stock association.

 7         (7)(6)  "Intrastate interexchange telecommunications

 8  company" means any entity that provides intrastate

 9  interexchange telecommunications services.

10         (8)(7)  "Local exchange telecommunications company"

11  means any company certificated by the commission to provide

12  local exchange telecommunications service in this state on or

13  before June 30, 1995.

14         (9)(8)  "Monopoly service" means a telecommunications

15  service for which there is no effective competition, either in

16  fact or by operation of law.

17         (10)(9)  "Nonbasic service" means any

18  telecommunications service provided by a local exchange

19  telecommunications company other than a basic local

20  telecommunications service, a local interconnection

21  arrangement described in s. 364.16, or a network access

22  service described in s. 364.163.

23         (11)(10)  "Operator service" includes, but is not

24  limited to, billing or completion of third-party,

25  person-to-person, collect, or calling card or credit card

26  calls through the use of a live operator or automated

27  equipment.

28         (12)(11)  "Operator service provider" means a person

29  who furnishes operator service through a call aggregator.

30         (13)(12)  "Service" is to be construed in its broadest

31  and most inclusive sense. The term "service" does not include

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 1  broadband service or voice-over-Internet protocol service for

 2  purposes of regulation by the commission. Nothing herein shall

 3  affect the rights and obligations of any entity related to the

 4  payment of switched network access rates or other intercarrier

 5  compensation, if any, related to voice-over-Internet protocol

 6  service.

 7         (14)(13)  "Telecommunications company" includes every

 8  corporation, partnership, and person and their lessees,

 9  trustees, or receivers appointed by any court whatsoever, and

10  every political subdivision in the state, offering two-way

11  telecommunications service to the public for hire within this

12  state by the use of a telecommunications facility. The term

13  "telecommunications company" does not include:

14         (a)  An entity which provides a telecommunications

15  facility exclusively to a certificated telecommunications

16  company;

17         (b)  An entity which provides a telecommunications

18  facility exclusively to a company which is excluded from the

19  definition of a telecommunications company under this

20  subsection;

21         (c)  A commercial mobile radio service provider;

22         (d)  A facsimile transmission service;

23         (e)  A private computer data network company not

24  offering service to the public for hire;

25         (f)  A cable television company providing cable service

26  as defined in 47 U.S.C. s. 522; or

27         (g)  An intrastate interexchange telecommunications

28  company.

29  

30  However, each commercial mobile radio service provider and

31  each intrastate interexchange telecommunications company shall

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 1  continue to be liable for any taxes imposed pursuant to

 2  chapters 202, 203 and 212 and any fees assessed pursuant to

 3  ss. 364.025 and 364.336. Each intrastate interexchange

 4  telecommunications company shall continue to be subject to ss.

 5  364.04, 364.10(3)(a) and (d), 364.163, 364.285, 364.501,

 6  364.603, and 364.604, shall provide the commission with such

 7  current information as the commission deems necessary to

 8  contact and communicate with the company, shall continue to

 9  pay intrastate switched network access rates or other

10  intercarrier compensation to the local exchange

11  telecommunications company or the competitive local exchange

12  telecommunications company for the origination and termination

13  of interexchange telecommunications service, and shall reduce

14  its intrastate long distance toll rates in accordance with s.

15  364.163(2).

16         (15)(14)  "Telecommunications facility" includes real

17  estate, easements, apparatus, property, and routes used and

18  operated to provide two-way telecommunications service to the

19  public for hire within this state.

20         (16)  "VoIP" means the voice-over-Internet protocol as

21  that term is defined in federal law.

22         Section 6.  Section 364.0361, Florida Statutes, is

23  amended to read:

24         364.0361  Local government authority; nondiscriminatory

25  exercise.--A local government shall treat each

26  telecommunications company in a nondiscriminatory manner when

27  exercising its authority to grant franchises to a

28  telecommunications company or to otherwise establish

29  conditions or compensation for the use of rights-of-way or

30  other public property by a telecommunications company. A local

31  government may not directly or indirectly regulate the terms

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 1  and conditions, including, but not limited to, the operating

 2  systems, qualifications, services, service quality, service

 3  territory, and prices, applicable to or in connection with the

 4  provision of any voice-over-Internet protocol, broadband or

 5  other advanced telecommunications or information service,

 6  regardless of the platform or the provider. This section does

 7  not relieve a provider from any obligations under s. 166.046

 8  or s. 337.401.

 9         Section 7.  Paragraph (a) of subsection (3) of section

10  364.10, Florida Statutes, is amended to read:

11         364.10  Undue advantage to person or locality

12  prohibited; Lifeline service.--

13         (3)(a)  Effective September 1, 2003, any local exchange

14  telecommunications company authorized by the commission to

15  reduce its switched network access rate pursuant to s. 364.164

16  shall have tariffed and shall provide Lifeline service to any

17  otherwise eligible customer or potential customer who meets an

18  income eligibility test at 135 125 percent or less of the

19  federal poverty income guidelines for Lifeline customers. Such

20  a test for eligibility must augment, rather than replace, the

21  eligibility standards established by federal law and based on

22  participation in certain low-income assistance programs. Each

23  intrastate interexchange telecommunications company shall,

24  effective September 1, 2003, file a tariff providing at a

25  minimum the intrastate interexchange telecommunications

26  carrier's current Lifeline benefits and exemptions to Lifeline

27  customers who meet the income eligibility test set forth in

28  this subsection. The Office of Public Counsel shall certify

29  and maintain claims submitted by a customer for eligibility

30  under the income test authorized by this subsection.

31  

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 1         Section 8.  Section 364.502, Florida Statutes, is

 2  repealed.

 3         Section 9.  Subsection (6) of section 196.012, Florida

 4  Statutes, is amended to read:

 5         196.012  Definitions.--For the purpose of this chapter,

 6  the following terms are defined as follows, except where the

 7  context clearly indicates otherwise:

 8         (6)  Governmental, municipal, or public purpose or

 9  function shall be deemed to be served or performed when the

10  lessee under any leasehold interest created in property of the

11  United States, the state or any of its political subdivisions,

12  or any municipality, agency, special district, authority, or

13  other public body corporate of the state is demonstrated to

14  perform a function or serve a governmental purpose which could

15  properly be performed or served by an appropriate governmental

16  unit or which is demonstrated to perform a function or serve a

17  purpose which would otherwise be a valid subject for the

18  allocation of public funds. For purposes of the preceding

19  sentence, an activity undertaken by a lessee which is

20  permitted under the terms of its lease of real property

21  designated as an aviation area on an airport layout plan which

22  has been approved by the Federal Aviation Administration and

23  which real property is used for the administration, operation,

24  business offices and activities related specifically thereto

25  in connection with the conduct of an aircraft full service

26  fixed base operation which provides goods and services to the

27  general aviation public in the promotion of air commerce shall

28  be deemed an activity which serves a governmental, municipal,

29  or public purpose or function. Any activity undertaken by a

30  lessee which is permitted under the terms of its lease of real

31  property designated as a public airport as defined in s.

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 1  332.004(14) by municipalities, agencies, special districts,

 2  authorities, or other public bodies corporate and public

 3  bodies politic of the state, a spaceport as defined in s.

 4  331.303(19), or which is located in a deepwater port

 5  identified in s. 403.021(9)(b) and owned by one of the

 6  foregoing governmental units, subject to a leasehold or other

 7  possessory interest of a nongovernmental lessee that is deemed

 8  to perform an aviation, airport, aerospace, maritime, or port

 9  purpose or operation shall be deemed an activity that serves a

10  governmental, municipal, or public purpose. The use by a

11  lessee, licensee, or management company of real property or a

12  portion thereof as a convention center, visitor center, sports

13  facility with permanent seating, concert hall, arena, stadium,

14  park, or beach is deemed a use that serves a governmental,

15  municipal, or public purpose or function when access to the

16  property is open to the general public with or without a

17  charge for admission. If property deeded to a municipality by

18  the United States is subject to a requirement that the Federal

19  Government, through a schedule established by the Secretary of

20  the Interior, determine that the property is being maintained

21  for public historic preservation, park, or recreational

22  purposes and if those conditions are not met the property will

23  revert back to the Federal Government, then such property

24  shall be deemed to serve a municipal or public purpose. The

25  term "governmental purpose" also includes a direct use of

26  property on federal lands in connection with the Federal

27  Government's Space Exploration Program or spaceport activities

28  as defined in s. 212.02(22). Real property and tangible

29  personal property owned by the Federal Government or the

30  Florida Space Authority and used for defense and space

31  exploration purposes or which is put to a use in support

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 1  thereof shall be deemed to perform an essential national

 2  governmental purpose and shall be exempt. "Owned by the

 3  lessee" as used in this chapter does not include personal

 4  property, buildings, or other real property improvements used

 5  for the administration, operation, business offices and

 6  activities related specifically thereto in connection with the

 7  conduct of an aircraft full service fixed based operation

 8  which provides goods and services to the general aviation

 9  public in the promotion of air commerce provided that the real

10  property is designated as an aviation area on an airport

11  layout plan approved by the Federal Aviation Administration.

12  For purposes of determination of "ownership," buildings and

13  other real property improvements which will revert to the

14  airport authority or other governmental unit upon expiration

15  of the term of the lease shall be deemed "owned" by the

16  governmental unit and not the lessee. Providing two-way

17  telecommunications services to the public for hire by the use

18  of a telecommunications facility, as defined in s. 364.02(15)

19  s.364.02(14), and for which a certificate is required under

20  chapter 364 does not constitute an exempt use for purposes of

21  s. 196.199, unless the telecommunications services are

22  provided by the operator of a public-use airport, as defined

23  in s. 332.004, for the operator's provision of

24  telecommunications services for the airport or its tenants,

25  concessionaires, or licensees, or unless the

26  telecommunications services are provided by a public hospital.

27  However, property that is being used to provide such

28  telecommunications services on or before October 1, 1997,

29  shall remain exempt, but such exemption expires October 1,

30  2004.

31  

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 1         Section 10.  Paragraph (b) of subsection (1) of section

 2  199.183, Florida Statutes, is amended to read:

 3         199.183  Taxpayers exempt from annual and nonrecurring

 4  taxes.--

 5         (1)  Intangible personal property owned by this state

 6  or any of its political subdivisions or municipalities shall

 7  be exempt from taxation under this chapter. This exemption

 8  does not apply to:

 9         (b)  Property related to the provision of two-way

10  telecommunications services to the public for hire by the use

11  of a telecommunications facility, as defined in s. 364.02(15)

12  s. 364.02(14), and for which a certificate is required under

13  chapter 364, when such service is provided by any county,

14  municipality, or other political subdivision of the state. Any

15  immunity of any political subdivision of the state or other

16  entity of local government from taxation of the property used

17  to provide telecommunication services that is taxed as a

18  result of this paragraph is hereby waived. However, intangible

19  personal property related to the provision of such

20  telecommunications services provided by the operator of a

21  public-use airport, as defined in s. 332.004, for the

22  operator's provision of telecommunications services for the

23  airport or its tenants, concessionaires, or licensees, and

24  intangible personal property related to the provision of such

25  telecommunications services provided by a public hospital, are

26  exempt from taxation under this chapter.

27         Section 11.  Subsection (6) of section 212.08, Florida

28  Statutes, is amended to read:

29         212.08  Sales, rental, use, consumption, distribution,

30  and storage tax; specified exemptions.--The sale at retail,

31  the rental, the use, the consumption, the distribution, and

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 1  the storage to be used or consumed in this state of the

 2  following are hereby specifically exempt from the tax imposed

 3  by this chapter.

 4         (6)  EXEMPTIONS; POLITICAL SUBDIVISIONS.--There are

 5  also exempt from the tax imposed by this chapter sales made to

 6  the United States Government, a state, or any county,

 7  municipality, or political subdivision of a state when payment

 8  is made directly to the dealer by the governmental entity.

 9  This exemption shall not inure to any transaction otherwise

10  taxable under this chapter when payment is made by a

11  government employee by any means, including, but not limited

12  to, cash, check, or credit card when that employee is

13  subsequently reimbursed by the governmental entity. This

14  exemption does not include sales of tangible personal property

15  made to contractors employed either directly or as agents of

16  any such government or political subdivision thereof when such

17  tangible personal property goes into or becomes a part of

18  public works owned by such government or political

19  subdivision. A determination whether a particular transaction

20  is properly characterized as an exempt sale to a government

21  entity or a taxable sale to a contractor shall be based on the

22  substance of the transaction rather than the form in which the

23  transaction is cast. The department shall adopt rules that

24  give special consideration to factors that govern the status

25  of the tangible personal property before its affixation to

26  real property. In developing these rules, assumption of the

27  risk of damage or loss is of paramount consideration in the

28  determination. This exemption does not include sales, rental,

29  use, consumption, or storage for use in any political

30  subdivision or municipality in this state of machines and

31  equipment and parts and accessories therefor used in the

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 1  generation, transmission, or distribution of electrical energy

 2  by systems owned and operated by a political subdivision in

 3  this state for transmission or distribution expansion.

 4  Likewise exempt are charges for services rendered by radio and

 5  television stations, including line charges, talent fees, or

 6  license fees and charges for films, videotapes, and

 7  transcriptions used in producing radio or television

 8  broadcasts. The exemption provided in this subsection does not

 9  include sales, rental, use, consumption, or storage for use in

10  any political subdivision or municipality in this state of

11  machines and equipment and parts and accessories therefor used

12  in providing two-way telecommunications services to the public

13  for hire by the use of a telecommunications facility, as

14  defined in s. 364.02(15) s. 364.02(14), and for which a

15  certificate is required under chapter 364, which facility is

16  owned and operated by any county, municipality, or other

17  political subdivision of the state.  Any immunity of any

18  political subdivision of the state or other entity of local

19  government from taxation of the property used to provide

20  telecommunication services that is taxed as a result of this

21  section is hereby waived.  However, the exemption provided in

22  this subsection includes transactions taxable under this

23  chapter which are for use by the operator of a public-use

24  airport, as defined in s. 332.004, in providing such

25  telecommunications services for the airport or its tenants,

26  concessionaires, or licensees, or which are for use by a

27  public hospital for the provision of such telecommunications

28  services.

29         Section 12.  Subsection (8) of section 290.007, Florida

30  Statutes, is amended to read:

31  

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 1         290.007  State incentives available in enterprise

 2  zones.--The following incentives are provided by the state to

 3  encourage the revitalization of enterprise zones:

 4         (8)  Notwithstanding any law to the contrary, the

 5  Public Service Commission may allow public utilities and

 6  telecommunications companies to grant discounts of up to 50

 7  percent on tariffed rates for services to small businesses

 8  located in an enterprise zone designated pursuant to s.

 9  290.0065. Such discounts may be granted for a period not to

10  exceed 5 years. For purposes of this subsection, the term

11  "public utility" has the same meaning as in s. 366.02(1) and

12  the term "telecommunications company" has the same meaning as

13  in s. 364.02(14) s. 364.02(13).

14         Section 13.  Subsection (3) of section 350.0605,

15  Florida Statutes, is amended to read:

16         350.0605  Former commissioners and employees;

17  representation of clients before commission.--

18         (3)  For a period of 2 years following termination of

19  service on the commission, a former member may not accept

20  employment by or compensation from a business entity which,

21  directly or indirectly, owns or controls a public utility

22  regulated by the commission, from a public utility regulated

23  by the commission, from a business entity which, directly or

24  indirectly, is an affiliate or subsidiary of a public utility

25  regulated by the commission or is an actual business

26  competitor of a local exchange company or public utility

27  regulated by the commission and is otherwise exempt from

28  regulation by the commission under ss. 364.02(14) 364.02(13)

29  and 366.02(1), or from a business entity or trade association

30  that has been a party to a commission proceeding within the 2

31  years preceding the member's termination of service on the

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 1  commission.  This subsection applies only to members of the

 2  Florida Public Service Commission who are appointed or

 3  reappointed after May 10, 1993.

 4         Section 14.  Subsection (4) of section 364.602, Florida

 5  Statutes, is amended to read:

 6         364.602  Definitions.--For purposes of this part:

 7         (4)  "Originating party" means any person, firm,

 8  corporation, or other entity, including a telecommunications

 9  company or a billing clearinghouse, that provides any

10  telecommunications service or information service to a

11  customer or bills a customer through a billing party, except

12  the term "originating party" does not include any entity

13  specifically exempted from the definition of

14  "telecommunications company" as provided in s. 364.02(14) s.

15  364.02(13).

16         Section 15.  Subsection (5) of section 489.103, Florida

17  Statutes, is amended to read:

18         489.103  Exemptions.--This part does not apply to:

19         (5)  Public utilities, including special gas districts

20  as defined in chapter 189, telecommunications companies as

21  defined in s. 364.02(14) s. 364.02(13) and natural gas

22  transmission companies as defined in s. 368.103(4), on

23  construction, maintenance, and development work performed by

24  their employees, which work, including, but not limited to,

25  work on bridges, roads, streets, highways, or railroads, is

26  incidental to their business. The board shall define, by rule,

27  the term "incidental to their business" for purposes of this

28  subsection.

29         Section 16.  This act shall take effect July 1, 2005.

30  

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Requires that broadband and certain other
      telecommunications services be provided free of
 4    regulation, except as otherwise provided in ch. 364, F.S.
      Requires that the Florida Public Service Commission
 5    maintain liaisons with federal agencies. Prohibits a
      local government from regulating voice-over-Internet
 6    protocol or other advanced telecommunications, regardless
      of the platform or provider. Revises the income threshold
 7    for eligibility for Lifeline service. Repeals provisions
      governing video programming services. (See bill for
 8    details.)

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