Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 2232
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CHAMBER ACTION
Senate House
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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"
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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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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
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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
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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
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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
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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.
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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.
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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,
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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.
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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
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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
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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
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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
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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,
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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
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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
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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
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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
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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;
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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
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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
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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;
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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;
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