Senate Bill sb2068c1
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Florida Senate - 2005 CS for SB 2068
By the Committee on Communications and Public Utilities; and
Senator Constantine
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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 state laws governing
7 business and consumer protection be applied to
8 communications activities that are not
9 regulated by the commission; revising
10 provisions governing the exclusive jurisdiction
11 of the commission; creating s. 364.011, F.S.;
12 specifying certain services that are exempt
13 from oversight by the commission; creating s.
14 364.012, F.S.; requiring the commission to
15 coordinate with federal agencies; providing
16 that ch. 364, F.S., does not limit or modify
17 certain duties of a local exchange carrier;
18 creating s. 364.013, F.S.; requiring that
19 broadband service remain free of state and
20 local regulation; requiring that
21 voice-over-Internet protocol remain free of
22 regulation, except as specifically provided in
23 ch. 364, F.S., or by federal law; amending s.
24 364.02, F.S.; defining the terms "broadband
25 service" and "VoIP"; redefining the term
26 "service"; amending s. 364.0361, F.S.;
27 prohibiting a local government from regulating
28 voice-over-Internet protocol regardless of the
29 platform or provider; amending s. 364.10, F.S.;
30 revising the income threshold for eligibility
31 for Lifeline service; repealing s. 364.502,
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1 F.S., relating to video programming services;
2 amending s. 364.335, F.S.; increasing to $500
3 from $250 the maximum allowable filing fee for
4 certification of telecommunications carriers;
5 amending s. 364.336, F.S.; authorizing the
6 Public Service Commission to establish a
7 minimum fee of up to $1,000; authorizing
8 different fees for different types of services
9 provided by telecommunications companies;
10 amending ss. 196.012, 199.183, 212.08, 290.007,
11 350.0605, 364.602, and 489.103, F.S.;
12 conforming cross-references; providing an
13 effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 364.01, Florida Statutes, is
18 amended to read:
19 364.01 Powers of commission, legislative intent.--
20 (1) The Florida Public Service Commission shall
21 exercise over and in relation to telecommunications companies
22 the powers conferred by this chapter.
23 (2) It is the legislative intent to give exclusive
24 jurisdiction in all matters set forth in this chapter to the
25 Florida Public Service Commission in regulating
26 telecommunications companies, and such preemption shall
27 supersede any local or special act or municipal charter where
28 any conflict of authority may exist. However, the provisions
29 of this chapter shall not affect the authority and powers
30 granted in s. 166.231(9) or s. 337.401.
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1 (3) Communications activities that are not regulated
2 by the Florida Public Service Commission, including, but not
3 limited to, VoIP, wireless, and broadband, are subject to this
4 state's generally applicable business regulation and deceptive
5 trade practices and consumer protection laws, as enforced by
6 the appropriate state authority or through actions in the
7 judicial system. This chapter does not limit the availability
8 to any party of any remedy or defense under state or federal
9 antitrust laws. The Legislature finds that the competitive
10 provision of telecommunications services, including local
11 exchange telecommunications service, is in the public interest
12 and will provide customers with freedom of choice, encourage
13 the 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
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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 are
7 available to all consumers in the state at reasonable and
8 affordable prices.
9 (b) Encourage competition through flexible regulatory
10 treatment among providers of telecommunications services in
11 order to ensure the availability of the widest possible range
12 of consumer choice in the provision of all telecommunications
13 services.
14 (c) Protect the public health, safety, and welfare by
15 ensuring that monopoly services provided by telecommunications
16 companies continue to be subject to effective price, rate, and
17 service regulation.
18 (d) Promote competition by encouraging innovation and
19 investment in new entrants into telecommunications markets and
20 by allowing a transitional period in which new and emerging
21 technologies entrants are subject to a reduced lesser level of
22 regulatory oversight than local exchange telecommunications
23 companies.
24 (e) Encourage all providers of telecommunications
25 services to introduce new or experimental telecommunications
26 services free of unnecessary regulatory restraints.
27 (f) Eliminate any rules or and/or regulations which
28 will delay or impair the transition to competition.
29 (g) Ensure that all providers of telecommunications
30 services are treated fairly, by preventing anticompetitive
31 behavior and eliminating unnecessary regulatory restraint.
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1 (h) Recognize the continuing emergence of a
2 competitive telecommunications environment through the
3 flexible regulatory treatment of competitive
4 telecommunications services, where appropriate, if doing so
5 does not reduce the availability of adequate basic local
6 telecommunications service to all citizens of the state at
7 reasonable and affordable prices, if competitive
8 telecommunications services are not subsidized by monopoly
9 telecommunications services, and if all monopoly services are
10 available to all competitors on a nondiscriminatory basis.
11 (i) Continue its historical role as a surrogate for
12 competition for monopoly services provided by local exchange
13 telecommunications companies.
14 Section 2. Section 364.011, Florida Statutes, is
15 created to read:
16 364.011 Exemptions from commission jurisdiction.--The
17 following services are exempt from oversight by the
18 commission, except to the extent delineated in this chapter or
19 specifically authorized by federal law:
20 (1) Intrastate interexchange telecommunications
21 services.
22 (2) Broadband services, regardless of the provider,
23 platform, or protocol.
24 (3) VoIP.
25 (4) Wireless telecommunications, including commercial
26 mobile radio service providers.
27 Section 3. Section 364.012, Florida Statutes, is
28 created to read:
29 364.012 Consistency with federal law.--
30 (1) In order to promote commission coordination with
31 federal policymakers and regulatory agencies, the commission
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1 shall maintain continuous liaisons with appropriate federal
2 agencies whose policy decisions and rulemaking authority
3 affect those telecommunications companies over which the
4 commission has jurisdiction. The commission is encouraged to
5 participate in the proceedings of federal agencies in cases in
6 which the state's consumers may be affected and to convey the
7 commission's policy positions and information requirements in
8 order to achieve greater efficiency in regulation.
9 (2) This chapter does not limit or modify the duties
10 of a local exchange carrier to provide unbundled access to
11 network elements or the commission's authority to arbitrate
12 and enforce interconnection agreements to the extent that
13 those elements are required under 47 U.S.C. ss. 251 and 252,
14 and under any regulations issued by the Federal Communications
15 Commission at rates determined in accordance with the
16 standards established by the Federal Communications Commission
17 pursuant to 47 C.F.R. ss. 51.503-51.513, inclusive of any
18 successor regulation or successor forbearance of regulation.
19 Section 4. Section 364.013, Florida Statutes, is
20 created to read:
21 364.013 Emerging and advanced services.--Broadband
22 service shall remain free of state and local regulation,
23 regardless of the provider, platform, or protocol. In
24 addition, the provision of voice-over-Internet protocol (VoIP)
25 shall be free of regulation, except as delineated in this
26 chapter or as specifically authorized by federal law,
27 regardless of the provider, platform, or protocol.
28 Section 5. Section 364.02, Florida Statutes, is
29 amended to read:
30 364.02 Definitions.--As used in this chapter:
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1 (1) "Basic local telecommunications service" means
2 voice-grade, flat-rate residential, and flat-rate single-line
3 business local exchange services which provide dial tone,
4 local usage necessary to place unlimited calls within a local
5 exchange area, dual tone multifrequency dialing, and access to
6 the following: emergency services such as "911," all locally
7 available interexchange companies, directory assistance,
8 operator services, relay services, and an alphabetical
9 directory listing. For a local exchange telecommunications
10 company, the such term shall include any extended area service
11 routes, and extended calling service in existence or ordered
12 by the commission on or before July 1, 1995.
13 (2) "Broadband service" means any service that
14 consists of or includes the offering of the capability to
15 transmit or receive information at a rate that is not less
16 than 200 kilobits per second and either:
17 (a) Is used to provide access to the Internet; or
18 (b) Provides computer processing, information storage,
19 information content, or protocol conversion in combination
20 with the service.
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22 The definition of broadband service does not include any
23 intrastate telecommunications services that have been tariffed
24 with the commission on or before January 1, 2005.
25 (3)(2) "Commercial mobile radio service provider"
26 means a commercial mobile radio service provider as defined by
27 and pursuant to 47 U.S.C. ss. 153(n) and 332(d).
28 (4)(3) "Commission" means the Florida Public Service
29 Commission.
30 (5)(4) "Competitive local exchange telecommunications
31 company" means any company certificated by the commission to
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1 provide local exchange telecommunications services in this
2 state on or after July 1, 1995.
3 (6)(5) "Corporation" includes a corporation, company,
4 association, or joint stock association.
5 (7)(6) "Intrastate interexchange telecommunications
6 company" means any entity that provides intrastate
7 interexchange telecommunications services.
8 (8)(7) "Local exchange telecommunications company"
9 means any company certificated by the commission to provide
10 local exchange telecommunications service in this state on or
11 before June 30, 1995.
12 (9)(8) "Monopoly service" means a telecommunications
13 service for which there is no effective competition, either in
14 fact or by operation of law.
15 (10)(9) "Nonbasic service" means any
16 telecommunications service provided by a local exchange
17 telecommunications company other than a basic local
18 telecommunications service, a local interconnection
19 arrangement described in s. 364.16, or a network access
20 service described in s. 364.163.
21 (11)(10) "Operator service" includes, but is not
22 limited to, billing or completion of third-party,
23 person-to-person, collect, or calling card or credit card
24 calls through the use of a live operator or automated
25 equipment.
26 (12)(11) "Operator service provider" means a person
27 who furnishes operator service through a call aggregator.
28 (13)(12) "Service" is to be construed in its broadest
29 and most inclusive sense. The term "service" does not include
30 broadband service or voice-over-Internet protocol service for
31 purposes of regulation by the commission. Nothing herein shall
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1 affect the rights and obligations of any entity related to the
2 payment of switched network access rates or other intercarrier
3 compensation, if any, related to voice-over-Internet protocol
4 service. Notwithstanding the provisions of this subsection,
5 the commission may arbitrate, enforce, or approve
6 interconnection agreements, and resolve disputes, as provided
7 by 47 U.S.C. ss. 251 and 252, or any other applicable federal
8 law or regulation. The duties of a local exchange
9 telecommunications company to provide unbundled network
10 elements, interconnection, collocation arrangements, or any
11 other service, right, or benefit to any party, regardless of
12 the technology, are those that the company is obligated to
13 extend or provide under applicable federal law and
14 regulations.
15 (14)(13) "Telecommunications company" includes every
16 corporation, partnership, and person and their lessees,
17 trustees, or receivers appointed by any court whatsoever, and
18 every political subdivision in the state, offering two-way
19 telecommunications service to the public for hire within this
20 state by the use of a telecommunications facility. The term
21 "telecommunications company" does not include:
22 (a) An entity which provides a telecommunications
23 facility exclusively to a certificated telecommunications
24 company;
25 (b) An entity which provides a telecommunications
26 facility exclusively to a company which is excluded from the
27 definition of a telecommunications company under this
28 subsection;
29 (c) A commercial mobile radio service provider;
30 (d) A facsimile transmission service;
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1 (e) A private computer data network company not
2 offering service to the public for hire;
3 (f) A cable television company providing cable service
4 as defined in 47 U.S.C. s. 522; or
5 (g) An intrastate interexchange telecommunications
6 company.
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8 However, each commercial mobile radio service provider and
9 each intrastate interexchange telecommunications company shall
10 continue to be liable for any taxes imposed under pursuant to
11 chapters 202, 203, and 212 and any fees assessed under
12 pursuant to ss. 364.025 and 364.336. Each intrastate
13 interexchange telecommunications company shall continue to be
14 subject to ss. 364.04, 364.10(3)(a) and (d), 364.163, 364.285,
15 364.501, 364.603, and 364.604, shall provide the commission
16 with such current information as the commission deems
17 necessary to contact and communicate with the company, shall
18 continue to pay intrastate switched network access rates or
19 other intercarrier compensation to the local exchange
20 telecommunications company or the competitive local exchange
21 telecommunications company for the origination and termination
22 of interexchange telecommunications service, and shall reduce
23 its intrastate long distance toll rates in accordance with s.
24 364.163(2).
25 (15)(14) "Telecommunications facility" includes real
26 estate, easements, apparatus, property, and routes used and
27 operated to provide two-way telecommunications service to the
28 public for hire within this state.
29 (16) "VoIP" means the voice-over-Internet protocol as
30 that term is defined in federal law.
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1 Section 6. Section 364.0361, Florida Statutes, is
2 amended to read:
3 364.0361 Local government authority; nondiscriminatory
4 exercise.--A local government shall treat each
5 telecommunications company in a nondiscriminatory manner when
6 exercising its authority to grant franchises to a
7 telecommunications company or to otherwise establish
8 conditions or compensation for the use of rights-of-way or
9 other public property by a telecommunications company. A local
10 government may not directly or indirectly regulate the terms
11 and conditions, including, but not limited to, the operating
12 systems, qualifications, services, service quality, service
13 territory, and prices, applicable to or in connection with the
14 provision of any voice-over-Internet protocol, broadband or
15 information service, regardless of the platform, provider, or
16 protocol. This section does not relieve a provider from any
17 obligations under s. 166.046 or s. 337.401.
18 Section 7. Paragraph (a) of subsection (3) of section
19 364.10, Florida Statutes, is amended to read:
20 364.10 Undue advantage to person or locality
21 prohibited; Lifeline service.--
22 (3)(a) Effective September 1, 2003, any local exchange
23 telecommunications company authorized by the commission to
24 reduce its switched network access rate under pursuant to s.
25 364.164 shall have tariffed and shall provide Lifeline service
26 to any otherwise eligible customer or potential customer who
27 meets an income eligibility test at 135 125 percent or less of
28 the federal poverty income guidelines for Lifeline customers.
29 The Such a test for eligibility must augment, rather than
30 replace, the eligibility standards established by federal law
31 and based on participation in certain low-income assistance
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1 programs. Each intrastate interexchange telecommunications
2 company shall, effective September 1, 2003, file a tariff
3 providing at a minimum the intrastate interexchange
4 telecommunications carrier's current Lifeline benefits and
5 exemptions to Lifeline customers who meet the income
6 eligibility test set forth in this subsection. The Office of
7 Public Counsel shall certify and maintain claims submitted by
8 a customer for eligibility under the income test authorized by
9 this subsection.
10 Section 8. Section 364.502, Florida Statutes, is
11 repealed.
12 Section 9. Subsection (1) of section 364.335, Florida
13 Statutes, is amended to read:
14 364.335 Application for certificate.--
15 (1) Each applicant for a certificate shall:
16 (a) Provide all information required by rule or order
17 of the commission, which may include a detailed inquiry into
18 the ability of the applicant to provide service, a detailed
19 inquiry into the territory and facilities involved, and a
20 detailed inquiry into the existence of service from other
21 sources within geographical proximity to the territory applied
22 for.
23 (b) File with the commission schedules showing all
24 rates for service of every kind furnished by it and all rules
25 and contracts relating to such service.
26 (c) File the application fee required by the
27 commission in an amount not to exceed $500 $250. Such fees
28 shall be deposited in accordance with s. 350.113.
29 (d) Submit an affidavit that the applicant has caused
30 notice of its application to be given to such persons and in
31 such manner as may be prescribed by commission rule.
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1 Section 10. Section 364.336, Florida Statutes, is
2 amended to read:
3 364.336 Regulatory assessment fees.--Notwithstanding
4 any provisions of law to the contrary, each telecommunications
5 company licensed or operating under this chapter, for any part
6 of the preceding 6-month period, shall pay to the commission,
7 within 30 days following the end of each 6-month period, a fee
8 that may not exceed 0.25 percent annually of its gross
9 operating revenues derived from intrastate business, except,
10 for purposes of this section and the fee specified in s.
11 350.113(3), any amount paid to another telecommunications
12 company for the use of any telecommunications network shall be
13 deducted from the gross operating revenue for purposes of
14 computing the fee due. The commission shall by rule assess a
15 minimum fee in an amount up to $1,000. The minimum amount may
16 vary depending on the type of service provided by the
17 telecommunications company, and shall, to the extent
18 practicable, be related to the cost of regulating such type of
19 company. Differences, if any, between the amount paid in any
20 6-month period and the amount actually determined by the
21 commission to be due shall, upon motion by the commission, be
22 immediately paid or refunded. Fees under this section may not
23 be less than $50 annually. Such fees shall be deposited in
24 accordance with s. 350.113. The commission may by rule
25 establish criteria for payment of the regulatory assessment
26 fee on an annual basis rather than on a semiannual basis.
27 Section 11. Subsection (6) of section 196.012, Florida
28 Statutes, is amended to read:
29 196.012 Definitions.--For the purpose of this chapter,
30 the following terms are defined as follows, except where the
31 context clearly indicates otherwise:
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1 (6) Governmental, municipal, or public purpose or
2 function shall be deemed to be served or performed when the
3 lessee under any leasehold interest created in property of the
4 United States, the state or any of its political subdivisions,
5 or any municipality, agency, special district, authority, or
6 other public body corporate of the state is demonstrated to
7 perform a function or serve a governmental purpose which could
8 properly be performed or served by an appropriate governmental
9 unit or which is demonstrated to perform a function or serve a
10 purpose which would otherwise be a valid subject for the
11 allocation of public funds. For purposes of the preceding
12 sentence, an activity undertaken by a lessee which is
13 permitted under the terms of its lease of real property
14 designated as an aviation area on an airport layout plan which
15 has been approved by the Federal Aviation Administration and
16 which real property is used for the administration, operation,
17 business offices and activities related specifically thereto
18 in connection with the conduct of an aircraft full service
19 fixed base operation which provides goods and services to the
20 general aviation public in the promotion of air commerce shall
21 be deemed an activity which serves a governmental, municipal,
22 or public purpose or function. Any activity undertaken by a
23 lessee which is permitted under the terms of its lease of real
24 property designated as a public airport as defined in s.
25 332.004(14) by municipalities, agencies, special districts,
26 authorities, or other public bodies corporate and public
27 bodies politic of the state, a spaceport as defined in s.
28 331.303(19), or which is located in a deepwater port
29 identified in s. 403.021(9)(b) and owned by one of the
30 foregoing governmental units, subject to a leasehold or other
31 possessory interest of a nongovernmental lessee that is deemed
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1 to perform an aviation, airport, aerospace, maritime, or port
2 purpose or operation shall be deemed an activity that serves a
3 governmental, municipal, or public purpose. The use by a
4 lessee, licensee, or management company of real property or a
5 portion thereof as a convention center, visitor center, sports
6 facility with permanent seating, concert hall, arena, stadium,
7 park, or beach is deemed a use that serves a governmental,
8 municipal, or public purpose or function when access to the
9 property is open to the general public with or without a
10 charge for admission. If property deeded to a municipality by
11 the United States is subject to a requirement that the Federal
12 Government, through a schedule established by the Secretary of
13 the Interior, determine that the property is being maintained
14 for public historic preservation, park, or recreational
15 purposes and if those conditions are not met the property will
16 revert back to the Federal Government, then such property
17 shall be deemed to serve a municipal or public purpose. The
18 term "governmental purpose" also includes a direct use of
19 property on federal lands in connection with the Federal
20 Government's Space Exploration Program or spaceport activities
21 as defined in s. 212.02(22). Real property and tangible
22 personal property owned by the Federal Government or the
23 Florida Space Authority and used for defense and space
24 exploration purposes or which is put to a use in support
25 thereof shall be deemed to perform an essential national
26 governmental purpose and shall be exempt. "Owned by the
27 lessee" as used in this chapter does not include personal
28 property, buildings, or other real property improvements used
29 for the administration, operation, business offices and
30 activities related specifically thereto in connection with the
31 conduct of an aircraft full service fixed based operation
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1 which provides goods and services to the general aviation
2 public in the promotion of air commerce provided that the real
3 property is designated as an aviation area on an airport
4 layout plan approved by the Federal Aviation Administration.
5 For purposes of determination of "ownership," buildings and
6 other real property improvements which will revert to the
7 airport authority or other governmental unit upon expiration
8 of the term of the lease shall be deemed "owned" by the
9 governmental unit and not the lessee. Providing 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 does not constitute an exempt use for purposes of
14 s. 196.199, unless the telecommunications services are
15 provided by the operator of a public-use airport, as defined
16 in s. 332.004, for the operator's provision of
17 telecommunications services for the airport or its tenants,
18 concessionaires, or licensees, or unless the
19 telecommunications services are provided by a public hospital.
20 However, property that is being used to provide such
21 telecommunications services on or before October 1, 1997,
22 shall remain exempt, but such exemption expires October 1,
23 2004.
24 Section 12. Paragraph (b) of subsection (1) of section
25 199.183, Florida Statutes, is amended to read:
26 199.183 Taxpayers exempt from annual and nonrecurring
27 taxes.--
28 (1) Intangible personal property owned by this state
29 or any of its political subdivisions or municipalities shall
30 be exempt from taxation under this chapter. This exemption
31 does not apply to:
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1 (b) Property related to the provision of two-way
2 telecommunications services to the public for hire by the use
3 of a telecommunications facility, as defined in s. 364.02(15)
4 s. 364.02(14), and for which a certificate is required under
5 chapter 364, when the such service is provided by any county,
6 municipality, or other political subdivision of the state. Any
7 immunity of any political subdivision of the state or other
8 entity of local government from taxation of the property used
9 to provide telecommunication services that is taxed as a
10 result of this paragraph is hereby waived. However, intangible
11 personal property related to the provision of such
12 telecommunications services provided by the operator of a
13 public-use airport, as defined in s. 332.004, for the
14 operator's provision of telecommunications services for the
15 airport or its tenants, concessionaires, or licensees, and
16 intangible personal property related to the provision of such
17 telecommunications services provided by a public hospital, are
18 exempt from taxation under this chapter.
19 Section 13. Subsection (6) of section 212.08, Florida
20 Statutes, is amended to read:
21 212.08 Sales, rental, use, consumption, distribution,
22 and storage tax; specified exemptions.--The sale at retail,
23 the rental, the use, the consumption, the distribution, and
24 the storage to be used or consumed in this state of the
25 following are hereby specifically exempt from the tax imposed
26 by this chapter.
27 (6) EXEMPTIONS; POLITICAL SUBDIVISIONS.--There are
28 also exempt from the tax imposed by this chapter sales made to
29 the United States Government, a state, or any county,
30 municipality, or political subdivision of a state when payment
31 is made directly to the dealer by the governmental entity.
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1 This exemption shall not inure to any transaction otherwise
2 taxable under this chapter when payment is made by a
3 government employee by any means, including, but not limited
4 to, cash, check, or credit card when that employee is
5 subsequently reimbursed by the governmental entity. This
6 exemption does not include sales of tangible personal property
7 made to contractors employed either directly or as agents of
8 any such government or political subdivision thereof when such
9 tangible personal property goes into or becomes a part of
10 public works owned by such government or political
11 subdivision. A determination whether a particular transaction
12 is properly characterized as an exempt sale to a government
13 entity or a taxable sale to a contractor shall be based on the
14 substance of the transaction rather than the form in which the
15 transaction is cast. The department shall adopt rules that
16 give special consideration to factors that govern the status
17 of the tangible personal property before its affixation to
18 real property. In developing these rules, assumption of the
19 risk of damage or loss is of paramount consideration in the
20 determination. This exemption does not include sales, rental,
21 use, consumption, or storage for use in any political
22 subdivision or municipality in this state of machines and
23 equipment and parts and accessories therefor used in the
24 generation, transmission, or distribution of electrical energy
25 by systems owned and operated by a political subdivision in
26 this state for transmission or distribution expansion.
27 Likewise exempt are charges for services rendered by radio and
28 television stations, including line charges, talent fees, or
29 license fees and charges for films, videotapes, and
30 transcriptions used in producing radio or television
31 broadcasts. The exemption provided in this subsection does not
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1 include sales, rental, use, consumption, or storage for use in
2 any political subdivision or municipality in this state of
3 machines and equipment and parts and accessories therefor used
4 in providing two-way telecommunications services to the public
5 for hire by the use of a telecommunications facility, as
6 defined in s. 364.02(15) s. 364.02(14), and for which a
7 certificate is required under chapter 364, which facility is
8 owned and operated by any county, municipality, or other
9 political subdivision of the state. Any immunity of any
10 political subdivision of the state or other entity of local
11 government from taxation of the property used to provide
12 telecommunication services that is taxed as a result of this
13 section is hereby waived. However, the exemption provided in
14 this subsection includes transactions taxable under this
15 chapter which are for use by the operator of a public-use
16 airport, as defined in s. 332.004, in providing such
17 telecommunications services for the airport or its tenants,
18 concessionaires, or licensees, or which are for use by a
19 public hospital for the provision of such telecommunications
20 services.
21 Section 14. Subsection (8) of section 290.007, Florida
22 Statutes, is amended to read:
23 290.007 State incentives available in enterprise
24 zones.--The following incentives are provided by the state to
25 encourage the revitalization of enterprise zones:
26 (8) Notwithstanding any law to the contrary, the
27 Public Service Commission may allow public utilities and
28 telecommunications companies to grant discounts of up to 50
29 percent on tariffed rates for services to small businesses
30 located in an enterprise zone designated pursuant to s.
31 290.0065. Such discounts may be granted for a period not to
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1 exceed 5 years. For purposes of this subsection, the term
2 "public utility" has the same meaning as in s. 366.02(1) and
3 the term "telecommunications company" has the same meaning as
4 in s. 364.02(14) s. 364.02(13).
5 Section 15. Subsection (3) of section 350.0605,
6 Florida Statutes, is amended to read:
7 350.0605 Former commissioners and employees;
8 representation of clients before commission.--
9 (3) For a period of 2 years following termination of
10 service on the commission, a former member may not accept
11 employment by or compensation from a business entity which,
12 directly or indirectly, owns or controls a public utility
13 regulated by the commission, from a public utility regulated
14 by the commission, from a business entity which, directly or
15 indirectly, is an affiliate or subsidiary of a public utility
16 regulated by the commission or is an actual business
17 competitor of a local exchange company or public utility
18 regulated by the commission and is otherwise exempt from
19 regulation by the commission under ss. 364.02(14) 364.02(13)
20 and 366.02(1), or from a business entity or trade association
21 that has been a party to a commission proceeding within the 2
22 years preceding the member's termination of service on the
23 commission. This subsection applies only to members of the
24 Florida Public Service Commission who are appointed or
25 reappointed after May 10, 1993.
26 Section 16. Subsection (4) of section 364.602, Florida
27 Statutes, is amended to read:
28 364.602 Definitions.--For purposes of this part:
29 (4) "Originating party" means any person, firm,
30 corporation, or other entity, including a telecommunications
31 company or a billing clearinghouse, that provides any
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1 telecommunications service or information service to a
2 customer or bills a customer through a billing party, except
3 the term "originating party" does not include any entity
4 specifically exempted from the definition of
5 "telecommunications company" as provided in s. 364.02(14) s.
6 364.02(13).
7 Section 17. Subsection (5) of section 489.103, Florida
8 Statutes, is amended to read:
9 489.103 Exemptions.--This part does not apply to:
10 (5) Public utilities, including special gas districts
11 as defined in chapter 189, telecommunications companies as
12 defined in s. 364.02(14) s. 364.02(13) and natural gas
13 transmission companies as defined in s. 368.103(4), on
14 construction, maintenance, and development work performed by
15 their employees, which work, including, but not limited to,
16 work on bridges, roads, streets, highways, or railroads, is
17 incidental to their business. The board shall define, by rule,
18 the term "incidental to their business" for purposes of this
19 subsection.
20 Section 18. This act shall take effect July 1, 2005.
21
22 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
23 SB 2068
24
25 The committee substitute reinstates legislative intent and
clarifies available remedies outside commission jurisdiction.
26 It also preserves consumer action under chapter 501, F.S. The
bill clarifies the meaning of the terms "broadband" and
27 "service." The committee substitute removes nonbasic services
from a new exemptions section and replaces it with intrastate
28 interexchange telecommunications carriers. It conforms the
wireless telecommunication providers exempt with current law
29 and modifies the qualifier of broadband services. The
committee substitute includes defenses as an action available
30 to parties under state or federal law. It also raises the
threshold of fees that the commission can charge for
31 regulatory assessment and application for certificate. The
committee substitute makes conforming and technical changes.
21
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