Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2232
                        Barcode 545672
                            CHAMBER ACTION
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11  The Committee on Commerce and Consumer Services (Aronberg)
12  recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 1, line 29, before "Section 1"
16  
17  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)  It is the legislative intent to give exclusive
25  jurisdiction in all matters set forth in this chapter to the
26  Florida Public Service Commission in regulating
27  telecommunications companies, and such preemption shall
28  supersede any local or special act or municipal charter where
29  any conflict of authority may exist.  However, the provisions
30  of this chapter shall not affect the authority and powers
31  granted in s. 166.231(9) or s. 337.401.
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 545672 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 31 of unnecessary regulation, regardless of the provider, is in 2 10:34 AM 04/18/05 s2232.cm27.00s
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 545672 1 the public interest. 2 (4) The commission shall exercise its exclusive 3 jurisdiction in order to: 4 (a) Protect the public health, safety, and welfare by 5 ensuring that basic local telecommunications services are 6 available to all consumers in the state at reasonable and 7 affordable prices. 8 (b) Encourage competition through flexible regulatory 9 treatment among providers of telecommunications services in 10 order to ensure the availability of the widest possible range 11 of consumer choice in the provision of all telecommunications 12 services. 13 (c) Protect the public health, safety, and welfare by 14 ensuring that monopoly services provided by telecommunications 15 companies continue to be subject to effective price, rate, and 16 service regulation. 17 (d) Promote competition by encouraging innovation and 18 investment in new entrants into telecommunications markets and 19 by allowing a transitional period in which new and emerging 20 technologies entrants are subject to a reduced lesser level of 21 regulatory oversight than local exchange telecommunications 22 companies. 23 (e) Encourage all providers of telecommunications 24 services to introduce new or experimental telecommunications 25 services free of unnecessary regulatory restraints. 26 (f) Eliminate any rules or and/or regulations which 27 will delay or impair the transition to competition. 28 (g) Ensure that all providers of telecommunications 29 services are treated fairly, by preventing anticompetitive 30 behavior and eliminating unnecessary regulatory restraint. 31 (h) Recognize the continuing emergence of a 3 10:34 AM 04/18/05 s2232.cm27.00s
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 545672 1 competitive telecommunications environment through the 2 flexible regulatory treatment of competitive 3 telecommunications services, where appropriate, if doing so 4 does not reduce the availability of adequate basic local 5 telecommunications service to all citizens of the state at 6 reasonable and affordable prices, if competitive 7 telecommunications services are not subsidized by monopoly 8 telecommunications services, and if all monopoly services are 9 available to all competitors on a nondiscriminatory basis. 10 (i) Continue its historical role as a surrogate for 11 competition for monopoly services provided by local exchange 12 telecommunications companies. 13 Section 2. Section 364.011, Florida Statutes, is 14 created to read: 15 364.011 Exemptions from commission jurisdiction.--The 16 following services are exempt from oversight by the 17 commission, except to the extent delineated in this chapter or 18 specifically authorized by federal law: 19 (1) Intrastate interexchange telecommunications 20 services. 21 (2) Broadband services, regardless of the provider, 22 platform, or protocol. 23 (3) VoIP. 24 (4) Wireless telecommunications, including commercial 25 mobile radio service providers. 26 Section 3. Section 364.012, Florida Statutes, is 27 created to read: 28 364.012 Consistency with federal law.-- 29 (1) In order to promote commission coordination with 30 federal policymakers and regulatory agencies, the commission 31 shall maintain continuous liaisons with appropriate federal 4 10:34 AM 04/18/05 s2232.cm27.00s
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 545672 1 agencies whose policy decisions and rulemaking authority 2 affect those telecommunications companies over which the 3 commission has jurisdiction. The commission is encouraged to 4 participate in the proceedings of federal agencies in cases in 5 which the state's consumers may be affected and to convey the 6 commission's policy positions and information requirements in 7 order to achieve greater efficiency in regulation. 8 (2) This chapter does not limit or modify the duties 9 of a local exchange carrier to provide unbundled access to 10 network elements or the commission's authority to arbitrate 11 and enforce interconnection agreements to the extent that 12 those elements are required under 47 U.S.C. ss. 251 and 252, 13 and under any regulations issued by the Federal Communications 14 Commission at rates determined in accordance with the 15 standards established by the Federal Communications Commission 16 pursuant to 47 C.F.R. ss. 51.503-51.513, inclusive of any 17 successor regulation or successor forbearance of regulation. 18 Section 4. Section 364.013, Florida Statutes, is 19 created to read: 20 364.013 Emerging and advanced services.--Broadband 21 service and the provision of voice-over-Internet-protocol 22 (VoIP) shall be free of state regulation, except as delineated 23 in this chapter or as specifically authorized by federal law, 24 regardless of the provider, platform, or protocol. 25 Section 5. Section 364.02, Florida Statutes, is 26 amended to read: 27 364.02 Definitions.--As used in this chapter: 28 (1) "Basic local telecommunications service" means 29 voice-grade, flat-rate residential, and flat-rate single-line 30 business local exchange services which provide dial tone, 31 local usage necessary to place unlimited calls within a local 5 10:34 AM 04/18/05 s2232.cm27.00s
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 545672 1 exchange area, dual tone multifrequency dialing, and access to 2 the following: emergency services such as "911," all locally 3 available interexchange companies, directory assistance, 4 operator services, relay services, and an alphabetical 5 directory listing. For a local exchange telecommunications 6 company, the such term shall include any extended area service 7 routes, and extended calling service in existence or ordered 8 by the commission on or before July 1, 1995. 9 (2) "Broadband service" means any service that 10 consists of or includes the offering of the capability to 11 transmit or receive information at a rate that is not less 12 than 200 kilobits per second and either: 13 (a) Is used to provide access to the Internet; or 14 (b) Provides computer processing, information storage, 15 information content, or protocol conversion in combination 16 with the service. 17 18 The definition of broadband service does not include any 19 intrastate telecommunications services that have been tariffed 20 with the commission on or before January 1, 2005. 21 (3)(2) "Commercial mobile radio service provider" 22 means a commercial mobile radio service provider as defined by 23 and pursuant to 47 U.S.C. ss. 153(n) and 332(d). 24 (4)(3) "Commission" means the Florida Public Service 25 Commission. 26 (5)(4) "Competitive local exchange telecommunications 27 company" means any company certificated by the commission to 28 provide local exchange telecommunications services in this 29 state on or after July 1, 1995. 30 (6)(5) "Corporation" includes a corporation, company, 31 association, or joint stock association. 6 10:34 AM 04/18/05 s2232.cm27.00s
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 545672 1 (7)(6) "Intrastate interexchange telecommunications 2 company" means any entity that provides intrastate 3 interexchange telecommunications services. 4 (8)(7) "Local exchange telecommunications company" 5 means any company certificated by the commission to provide 6 local exchange telecommunications service in this state on or 7 before June 30, 1995. 8 (9)(8) "Monopoly service" means a telecommunications 9 service for which there is no effective competition, either in 10 fact or by operation of law. 11 (10)(9) "Nonbasic service" means any 12 telecommunications service provided by a local exchange 13 telecommunications company other than a basic local 14 telecommunications service, a local interconnection 15 arrangement described in s. 364.16, or a network access 16 service described in s. 364.163. 17 (11)(10) "Operator service" includes, but is not 18 limited to, billing or completion of third-party, 19 person-to-person, collect, or calling card or credit card 20 calls through the use of a live operator or automated 21 equipment. 22 (12)(11) "Operator service provider" means a person 23 who furnishes operator service through a call aggregator. 24 (13)(12) "Service" is to be construed in its broadest 25 and most inclusive sense. The term "service" does not include 26 broadband service or voice-over-Internet protocol service for 27 purposes of regulation by the commission. Nothing herein shall 28 affect the rights and obligations of any entity related to the 29 payment of switched network access rates or other intercarrier 30 compensation, if any, related to voice-over-Internet protocol 31 service. Notwithstanding the provisions of section 364.013, 7 10:34 AM 04/18/05 s2232.cm27.00s
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 545672 1 Florida Statutes, and the exemption of services pursuant to 2 this subsection, the commission may arbitrate, enforce, or 3 approve interconnection agreements, and resolve disputes as 4 provided by 47 U.S.C. ss. 251 and 252, or any other applicable 5 federal law or regulation. With respect to the services 6 exempted in this subsection, regardless of the technology, the 7 duties of a local exchange telecommunications company are only 8 those that the company is obligated to extend or provide under 9 applicable federal law and regulations. 10 (14)(13) "Telecommunications company" includes every 11 corporation, partnership, and person and their lessees, 12 trustees, or receivers appointed by any court whatsoever, and 13 every political subdivision in the state, offering two-way 14 telecommunications service to the public for hire within this 15 state by the use of a telecommunications facility. The term 16 "telecommunications company" does not include: 17 (a) An entity which provides a telecommunications 18 facility exclusively to a certificated telecommunications 19 company; 20 (b) An entity which provides a telecommunications 21 facility exclusively to a company which is excluded from the 22 definition of a telecommunications company under this 23 subsection; 24 (c) A commercial mobile radio service provider; 25 (d) A facsimile transmission service; 26 (e) A private computer data network company not 27 offering service to the public for hire; 28 (f) A cable television company providing cable service 29 as defined in 47 U.S.C. s. 522; or 30 (g) An intrastate interexchange telecommunications 31 company. 8 10:34 AM 04/18/05 s2232.cm27.00s
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 545672 1 2 However, each commercial mobile radio service provider and 3 each intrastate interexchange telecommunications company shall 4 continue to be liable for any taxes imposed under pursuant to 5 chapters 202, 203, and 212 and any fees assessed under 6 pursuant to ss. 364.025 and 364.336. Each intrastate 7 interexchange telecommunications company shall continue to be 8 subject to ss. 364.04, 364.10(3)(a) and (d), 364.163, 364.285, 9 364.501, 364.603, and 364.604, shall provide the commission 10 with such current information as the commission deems 11 necessary to contact and communicate with the company, shall 12 continue to pay intrastate switched network access rates or 13 other intercarrier compensation to the local exchange 14 telecommunications company or the competitive local exchange 15 telecommunications company for the origination and termination 16 of interexchange telecommunications service, and shall reduce 17 its intrastate long distance toll rates in accordance with s. 18 364.163(2). 19 (15)(14) "Telecommunications facility" includes real 20 estate, easements, apparatus, property, and routes used and 21 operated to provide two-way telecommunications service to the 22 public for hire within this state. 23 (16) "VoIP" means the voice-over-Internet protocol as 24 that term is defined in federal law. 25 Section 6. Section 364.0361, Florida Statutes, is 26 amended to read: 27 364.0361 Local government authority; nondiscriminatory 28 exercise.--A local government shall treat each 29 telecommunications company in a nondiscriminatory manner when 30 exercising its authority to grant franchises to a 31 telecommunications company or to otherwise establish 9 10:34 AM 04/18/05 s2232.cm27.00s
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 545672 1 conditions or compensation for the use of rights-of-way or 2 other public property by a telecommunications company. A local 3 government may not directly or indirectly regulate the terms 4 and conditions, including, but not limited to, the operating 5 systems, qualifications, services, service quality, service 6 territory, and prices, applicable to or in connection with the 7 provision of any voice-over-Internet protocol, broadband or 8 information service, regardless of the platform, provider, or 9 protocol. This section does not relieve a provider from any 10 obligations under s. 166.046 or s. 337.401. 11 Section 7. Paragraph (a) of subsection (3) of section 12 364.10, Florida Statutes, is amended to read: 13 364.10 Undue advantage to person or locality 14 prohibited; Lifeline service.-- 15 (3)(a) Effective September 1, 2003, any local exchange 16 telecommunications company authorized by the commission to 17 reduce its switched network access rate under pursuant to s. 18 364.164 shall have tariffed and shall provide Lifeline service 19 to any otherwise eligible customer or potential customer who 20 meets an income eligibility test at 135 125 percent or less of 21 the federal poverty income guidelines for Lifeline customers. 22 The Such a test for eligibility must augment, rather than 23 replace, the eligibility standards established by federal law 24 and based on participation in certain low-income assistance 25 programs. Each intrastate interexchange telecommunications 26 company shall, effective September 1, 2003, file a tariff 27 providing at a minimum the intrastate interexchange 28 telecommunications carrier's current Lifeline benefits and 29 exemptions to Lifeline customers who meet the income 30 eligibility test set forth in this subsection. The Office of 31 Public Counsel shall certify and maintain claims submitted by 10 10:34 AM 04/18/05 s2232.cm27.00s
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 545672 1 a customer for eligibility under the income test authorized by 2 this subsection. 3 Section 8. Section 364.502, Florida Statutes, is 4 repealed. 5 Section 9. Subsection (1) of section 364.335, Florida 6 Statutes, is amended to read: 7 364.335 Application for certificate.-- 8 (1) Each applicant for a certificate shall: 9 (a) Provide all information required by rule or order 10 of the commission, which may include a detailed inquiry into 11 the ability of the applicant to provide service, a detailed 12 inquiry into the territory and facilities involved, and a 13 detailed inquiry into the existence of service from other 14 sources within geographical proximity to the territory applied 15 for. 16 (b) File with the commission schedules showing all 17 rates for service of every kind furnished by it and all rules 18 and contracts relating to such service. 19 (c) File the application fee required by the 20 commission in an amount not to exceed $500 $250. Such fees 21 shall be deposited in accordance with s. 350.113. 22 (d) Submit an affidavit that the applicant has caused 23 notice of its application to be given to such persons and in 24 such manner as may be prescribed by commission rule. 25 Section 10. Section 364.336, Florida Statutes, is 26 amended to read: 27 364.336 Regulatory assessment fees.--Notwithstanding 28 any provisions of law to the contrary, each telecommunications 29 company licensed or operating under this chapter, for any part 30 of the preceding 6-month period, shall pay to the commission, 31 within 30 days following the end of each 6-month period, a fee 11 10:34 AM 04/18/05 s2232.cm27.00s
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 545672 1 that may not exceed 0.25 percent annually of its gross 2 operating revenues derived from intrastate business, except, 3 for purposes of this section and the fee specified in s. 4 350.113(3), any amount paid to another telecommunications 5 company for the use of any telecommunications network shall be 6 deducted from the gross operating revenue for purposes of 7 computing the fee due. The commission shall by rule assess a 8 minimum fee in an amount up to $1,000. The minimum amount may 9 vary depending on the type of service provided by the 10 telecommunications company, and shall, to the extent 11 practicable, be related to the cost of regulating such type of 12 company. Differences, if any, between the amount paid in any 13 6-month period and the amount actually determined by the 14 commission to be due shall, upon motion by the commission, be 15 immediately paid or refunded. Fees under this section may not 16 be less than $50 annually. Such fees shall be deposited in 17 accordance with s. 350.113. The commission may by rule 18 establish criteria for payment of the regulatory assessment 19 fee on an annual basis rather than on a semiannual basis. 20 Section 11. Subsection (6) of section 196.012, Florida 21 Statutes, is amended to read: 22 196.012 Definitions.--For the purpose of this chapter, 23 the following terms are defined as follows, except where the 24 context clearly indicates otherwise: 25 (6) Governmental, municipal, or public purpose or 26 function shall be deemed to be served or performed when the 27 lessee under any leasehold interest created in property of the 28 United States, the state or any of its political subdivisions, 29 or any municipality, agency, special district, authority, or 30 other public body corporate of the state is demonstrated to 31 perform a function or serve a governmental purpose which could 12 10:34 AM 04/18/05 s2232.cm27.00s
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 545672 1 properly be performed or served by an appropriate governmental 2 unit or which is demonstrated to perform a function or serve a 3 purpose which would otherwise be a valid subject for the 4 allocation of public funds. For purposes of the preceding 5 sentence, an activity undertaken by a lessee which is 6 permitted under the terms of its lease of real property 7 designated as an aviation area on an airport layout plan which 8 has been approved by the Federal Aviation Administration and 9 which real property is used for the administration, operation, 10 business offices and activities related specifically thereto 11 in connection with the conduct of an aircraft full service 12 fixed base operation which provides goods and services to the 13 general aviation public in the promotion of air commerce shall 14 be deemed an activity which serves a governmental, municipal, 15 or public purpose or function. Any activity undertaken by a 16 lessee which is permitted under the terms of its lease of real 17 property designated as a public airport as defined in s. 18 332.004(14) by municipalities, agencies, special districts, 19 authorities, or other public bodies corporate and public 20 bodies politic of the state, a spaceport as defined in s. 21 331.303(19), or which is located in a deepwater port 22 identified in s. 403.021(9)(b) and owned by one of the 23 foregoing governmental units, subject to a leasehold or other 24 possessory interest of a nongovernmental lessee that is deemed 25 to perform an aviation, airport, aerospace, maritime, or port 26 purpose or operation shall be deemed an activity that serves a 27 governmental, municipal, or public purpose. The use by a 28 lessee, licensee, or management company of real property or a 29 portion thereof as a convention center, visitor center, sports 30 facility with permanent seating, concert hall, arena, stadium, 31 park, or beach is deemed a use that serves a governmental, 13 10:34 AM 04/18/05 s2232.cm27.00s
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 545672 1 municipal, or public purpose or function when access to the 2 property is open to the general public with or without a 3 charge for admission. If property deeded to a municipality by 4 the United States is subject to a requirement that the Federal 5 Government, through a schedule established by the Secretary of 6 the Interior, determine that the property is being maintained 7 for public historic preservation, park, or recreational 8 purposes and if those conditions are not met the property will 9 revert back to the Federal Government, then such property 10 shall be deemed to serve a municipal or public purpose. The 11 term "governmental purpose" also includes a direct use of 12 property on federal lands in connection with the Federal 13 Government's Space Exploration Program or spaceport activities 14 as defined in s. 212.02(22). Real property and tangible 15 personal property owned by the Federal Government or the 16 Florida Space Authority and used for defense and space 17 exploration purposes or which is put to a use in support 18 thereof shall be deemed to perform an essential national 19 governmental purpose and shall be exempt. "Owned by the 20 lessee" as used in this chapter does not include personal 21 property, buildings, or other real property improvements used 22 for the administration, operation, business offices and 23 activities related specifically thereto in connection with the 24 conduct of an aircraft full service fixed based operation 25 which provides goods and services to the general aviation 26 public in the promotion of air commerce provided that the real 27 property is designated as an aviation area on an airport 28 layout plan approved by the Federal Aviation Administration. 29 For purposes of determination of "ownership," buildings and 30 other real property improvements which will revert to the 31 airport authority or other governmental unit upon expiration 14 10:34 AM 04/18/05 s2232.cm27.00s
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 545672 1 of the term of the lease shall be deemed "owned" by the 2 governmental unit and not the lessee. Providing two-way 3 telecommunications services to the public for hire by the use 4 of a telecommunications facility, as defined in s. 364.02(15) 5 s.364.02(14), and for which a certificate is required under 6 chapter 364 does not constitute an exempt use for purposes of 7 s. 196.199, unless the telecommunications services are 8 provided by the operator of a public-use airport, as defined 9 in s. 332.004, for the operator's provision of 10 telecommunications services for the airport or its tenants, 11 concessionaires, or licensees, or unless the 12 telecommunications services are provided by a public hospital. 13 However, property that is being used to provide such 14 telecommunications services on or before October 1, 1997, 15 shall remain exempt, but such exemption expires October 1, 16 2004. 17 Section 12. Paragraph (b) of subsection (1) of section 18 199.183, Florida Statutes, is amended to read: 19 199.183 Taxpayers exempt from annual and nonrecurring 20 taxes.-- 21 (1) Intangible personal property owned by this state 22 or any of its political subdivisions or municipalities shall 23 be exempt from taxation under this chapter. This exemption 24 does not apply to: 25 (b) Property related to the provision of two-way 26 telecommunications services to the public for hire by the use 27 of a telecommunications facility, as defined in s. 364.02(15) 28 s. 364.02(14), and for which a certificate is required under 29 chapter 364, when the such service is provided by any county, 30 municipality, or other political subdivision of the state. Any 31 immunity of any political subdivision of the state or other 15 10:34 AM 04/18/05 s2232.cm27.00s
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 545672 1 entity of local government from taxation of the property used 2 to provide telecommunication services that is taxed as a 3 result of this paragraph is hereby waived. However, intangible 4 personal property related to the provision of such 5 telecommunications services provided by the operator of a 6 public-use airport, as defined in s. 332.004, for the 7 operator's provision of telecommunications services for the 8 airport or its tenants, concessionaires, or licensees, and 9 intangible personal property related to the provision of such 10 telecommunications services provided by a public hospital, are 11 exempt from taxation under this chapter. 12 Section 13. Subsection (6) of section 212.08, Florida 13 Statutes, is amended to read: 14 212.08 Sales, rental, use, consumption, distribution, 15 and storage tax; specified exemptions.--The sale at retail, 16 the rental, the use, the consumption, the distribution, and 17 the storage to be used or consumed in this state of the 18 following are hereby specifically exempt from the tax imposed 19 by this chapter. 20 (6) EXEMPTIONS; POLITICAL SUBDIVISIONS.--There are 21 also exempt from the tax imposed by this chapter sales made to 22 the United States Government, a state, or any county, 23 municipality, or political subdivision of a state when payment 24 is made directly to the dealer by the governmental entity. 25 This exemption shall not inure to any transaction otherwise 26 taxable under this chapter when payment is made by a 27 government employee by any means, including, but not limited 28 to, cash, check, or credit card when that employee is 29 subsequently reimbursed by the governmental entity. This 30 exemption does not include sales of tangible personal property 31 made to contractors employed either directly or as agents of 16 10:34 AM 04/18/05 s2232.cm27.00s
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 545672 1 any such government or political subdivision thereof when such 2 tangible personal property goes into or becomes a part of 3 public works owned by such government or political 4 subdivision. A determination whether a particular transaction 5 is properly characterized as an exempt sale to a government 6 entity or a taxable sale to a contractor shall be based on the 7 substance of the transaction rather than the form in which the 8 transaction is cast. The department shall adopt rules that 9 give special consideration to factors that govern the status 10 of the tangible personal property before its affixation to 11 real property. In developing these rules, assumption of the 12 risk of damage or loss is of paramount consideration in the 13 determination. This exemption does not include sales, rental, 14 use, consumption, or storage for use in any political 15 subdivision or municipality in this state of machines and 16 equipment and parts and accessories therefor used in the 17 generation, transmission, or distribution of electrical energy 18 by systems owned and operated by a political subdivision in 19 this state for transmission or distribution expansion. 20 Likewise exempt are charges for services rendered by radio and 21 television stations, including line charges, talent fees, or 22 license fees and charges for films, videotapes, and 23 transcriptions used in producing radio or television 24 broadcasts. The exemption provided in this subsection does not 25 include sales, rental, use, consumption, or storage for use in 26 any political subdivision or municipality in this state of 27 machines and equipment and parts and accessories therefor used 28 in providing two-way telecommunications services to the public 29 for hire by the use of a telecommunications facility, as 30 defined in s. 364.02(15) s. 364.02(14), and for which a 31 certificate is required under chapter 364, which facility is 17 10:34 AM 04/18/05 s2232.cm27.00s
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 545672 1 owned and operated by any county, municipality, or other 2 political subdivision of the state. Any immunity of any 3 political subdivision of the state or other entity of local 4 government from taxation of the property used to provide 5 telecommunication services that is taxed as a result of this 6 section is hereby waived. However, the exemption provided in 7 this subsection includes transactions taxable under this 8 chapter which are for use by the operator of a public-use 9 airport, as defined in s. 332.004, in providing such 10 telecommunications services for the airport or its tenants, 11 concessionaires, or licensees, or which are for use by a 12 public hospital for the provision of such telecommunications 13 services. 14 Section 14. Subsection (8) of section 290.007, Florida 15 Statutes, is amended to read: 16 290.007 State incentives available in enterprise 17 zones.--The following incentives are provided by the state to 18 encourage the revitalization of enterprise zones: 19 (8) Notwithstanding any law to the contrary, the 20 Public Service Commission may allow public utilities and 21 telecommunications companies to grant discounts of up to 50 22 percent on tariffed rates for services to small businesses 23 located in an enterprise zone designated pursuant to s. 24 290.0065. Such discounts may be granted for a period not to 25 exceed 5 years. For purposes of this subsection, the term 26 "public utility" has the same meaning as in s. 366.02(1) and 27 the term "telecommunications company" has the same meaning as 28 in s. 364.02(14) s. 364.02(13). 29 Section 15. Subsection (3) of section 350.0605, 30 Florida Statutes, is amended to read: 31 350.0605 Former commissioners and employees; 18 10:34 AM 04/18/05 s2232.cm27.00s
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 545672 1 representation of clients before commission.-- 2 (3) For a period of 2 years following termination of 3 service on the commission, a former member may not accept 4 employment by or compensation from a business entity which, 5 directly or indirectly, owns or controls a public utility 6 regulated by the commission, from a public utility regulated 7 by the commission, from a business entity which, directly or 8 indirectly, is an affiliate or subsidiary of a public utility 9 regulated by the commission or is an actual business 10 competitor of a local exchange company or public utility 11 regulated by the commission and is otherwise exempt from 12 regulation by the commission under ss. 364.02(14) 364.02(13) 13 and 366.02(1), or from a business entity or trade association 14 that has been a party to a commission proceeding within the 2 15 years preceding the member's termination of service on the 16 commission. This subsection applies only to members of the 17 Florida Public Service Commission who are appointed or 18 reappointed after May 10, 1993. 19 Section 16. Subsection (4) of section 364.602, Florida 20 Statutes, is amended to read: 21 364.602 Definitions.--For purposes of this part: 22 (4) "Originating party" means any person, firm, 23 corporation, or other entity, including a telecommunications 24 company or a billing clearinghouse, that provides any 25 telecommunications service or information service to a 26 customer or bills a customer through a billing party, except 27 the term "originating party" does not include any entity 28 specifically exempted from the definition of 29 "telecommunications company" as provided in s. 364.02(14) s. 30 364.02(13). 31 Section 17. Subsection (5) of section 489.103, Florida 19 10:34 AM 04/18/05 s2232.cm27.00s
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 545672 1 Statutes, is amended to read: 2 489.103 Exemptions.--This part does not apply to: 3 (5) Public utilities, including special gas districts 4 as defined in chapter 189, telecommunications companies as 5 defined in s. 364.02(14) s. 364.02(13) and natural gas 6 transmission companies as defined in s. 368.103(4), on 7 construction, maintenance, and development work performed by 8 their employees, which work, including, but not limited to, 9 work on bridges, roads, streets, highways, or railroads, is 10 incidental to their business. The board shall define, by rule, 11 the term "incidental to their business" for purposes of this 12 subsection. 13 Section 18. Nothing in this act shall be construed to 14 limit the rights of local government or the duties of 15 providers of cable service to comply with any and all 16 requirements of federal, state, or local law, pertaining to 17 the provision of cable service. 18 19 (Redesignate subsequent sections.) 20 21 22 ================ T I T L E A M E N D M E N T =============== 23 And the title is amended as follows: 24 On page 1, lines 1 & 2, delete "the regulation of 25 telephone rates;" 26 27 and insert: 28 A bill to be entitled 29 An act relating to telecommunications; amending 30 s. 364.01, F.S.; specifying the exclusive 31 jurisdiction of the Florida Public Service 20 10:34 AM 04/18/05 s2232.cm27.00s
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 545672 1 Commission to regulate telecommunications 2 companies; providing that state laws governing 3 business and consumer protection be applied to 4 communications activities that are not 5 regulated by the commission; revising 6 provisions governing the exclusive jurisdiction 7 of the commission; creating s. 364.011, F.S.; 8 specifying certain services that are exempt 9 from oversight by the commission; creating s. 10 364.012, F.S.; requiring the commission to 11 coordinate with federal agencies; providing 12 that ch. 364, F.S., does not limit or modify 13 certain duties of a local exchange carrier; 14 creating s. 364.013, F.S.; requiring that 15 broadband service remain free of state and 16 local regulation; requiring that 17 voice-over-Internet protocol remain free of 18 regulation, except as specifically provided in 19 ch. 364, F.S., or by federal law; amending s. 20 364.02, F.S.; defining the terms "broadband 21 service" and "VoIP"; redefining the term 22 "service"; amending s. 364.0361, F.S.; 23 prohibiting a local government from regulating 24 voice-over-Internet protocol regardless of the 25 platform or provider; amending s. 364.10, F.S.; 26 revising the income threshold for eligibility 27 for Lifeline service; repealing s. 364.502, 28 F.S., relating to video programming services; 29 amending s. 364.335, F.S.; increasing to $500 30 from $250 the maximum allowable filing fee for 31 certification of telecommunications carriers; 21 10:34 AM 04/18/05 s2232.cm27.00s
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 545672 1 amending s. 364.336, F.S.; authorizing the 2 Public Service Commission to establish a 3 minimum fee of up to $1,000; authorizing 4 different fees for different types of services 5 provided by telecommunications companies; 6 amending ss. 196.012, 199.183, 212.08, 290.007, 7 350.0605, 364.602, and 489.103, F.S.; 8 conforming cross-references; requiring 9 providers to comply with certain laws; 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 22 10:34 AM 04/18/05 s2232.cm27.00s