Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2232
                        Barcode 745618
                            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 745618 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 8:44 AM 04/18/05 s2232.cm27.00y
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 745618 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 8:44 AM 04/18/05 s2232.cm27.00y
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 745618 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 8:44 AM 04/18/05 s2232.cm27.00y
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 745618 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 shall remain free of state and local regulation, 22 regardless of the provider, platform, or protocol. In 23 addition, the provision of voice-over-Internet protocol (VoIP) 24 shall be free of regulation, except as delineated in this 25 chapter or as specifically authorized by federal law, 26 regardless of the provider, platform, or protocol. 27 Section 5. Section 364.02, Florida Statutes, is 28 amended to read: 29 364.02 Definitions.--As used in this chapter: 30 (1) "Basic local telecommunications service" means 31 voice-grade, flat-rate residential, and flat-rate single-line 5 8:44 AM 04/18/05 s2232.cm27.00y
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 745618 1 business local exchange services which provide dial tone, 2 local usage necessary to place unlimited calls within a local 3 exchange area, dual tone multifrequency dialing, and access to 4 the following: emergency services such as "911," all locally 5 available interexchange companies, directory assistance, 6 operator services, relay services, and an alphabetical 7 directory listing. For a local exchange telecommunications 8 company, the such term shall include any extended area service 9 routes, and extended calling service in existence or ordered 10 by the commission on or before July 1, 1995. 11 (2) "Broadband service" means any service that 12 consists of or includes the offering of the capability to 13 transmit or receive information at a rate that is not less 14 than 200 kilobits per second and either: 15 (a) Is used to provide access to the Internet; or 16 (b) Provides computer processing, information storage, 17 information content, or protocol conversion in combination 18 with the service. 19 20 The definition of broadband service does not include any 21 intrastate telecommunications services that have been tariffed 22 with the commission on or before January 1, 2005. 23 (3)(2) "Commercial mobile radio service provider" 24 means a commercial mobile radio service provider as defined by 25 and pursuant to 47 U.S.C. ss. 153(n) and 332(d). 26 (4)(3) "Commission" means the Florida Public Service 27 Commission. 28 (5)(4) "Competitive local exchange telecommunications 29 company" means any company certificated by the commission to 30 provide local exchange telecommunications services in this 31 state on or after July 1, 1995. 6 8:44 AM 04/18/05 s2232.cm27.00y
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 745618 1 (6)(5) "Corporation" includes a corporation, company, 2 association, or joint stock association. 3 (7)(6) "Intrastate interexchange telecommunications 4 company" means any entity that provides intrastate 5 interexchange telecommunications services. 6 (8)(7) "Local exchange telecommunications company" 7 means any company certificated by the commission to provide 8 local exchange telecommunications service in this state on or 9 before June 30, 1995. 10 (9)(8) "Monopoly service" means a telecommunications 11 service for which there is no effective competition, either in 12 fact or by operation of law. 13 (10)(9) "Nonbasic service" means any 14 telecommunications service provided by a local exchange 15 telecommunications company other than a basic local 16 telecommunications service, a local interconnection 17 arrangement described in s. 364.16, or a network access 18 service described in s. 364.163. 19 (11)(10) "Operator service" includes, but is not 20 limited to, billing or completion of third-party, 21 person-to-person, collect, or calling card or credit card 22 calls through the use of a live operator or automated 23 equipment. 24 (12)(11) "Operator service provider" means a person 25 who furnishes operator service through a call aggregator. 26 (13)(12) "Service" is to be construed in its broadest 27 and most inclusive sense. The term "service" does not include 28 broadband service or voice-over-Internet protocol service for 29 purposes of regulation by the commission. Nothing herein shall 30 affect the rights and obligations of any entity related to the 31 payment of switched network access rates or other intercarrier 7 8:44 AM 04/18/05 s2232.cm27.00y
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 745618 1 compensation, if any, related to voice-over-Internet protocol 2 service. Notwithstanding the provisions of this subsection, 3 the commission may arbitrate, enforce, or approve 4 interconnection agreements, and resolve disputes, as provided 5 by 47 U.S.C. ss. 251 and 252, or any other applicable federal 6 law or regulation. The duties of a local exchange 7 telecommunications company to provide unbundled network 8 elements, interconnection, collocation arrangements, or any 9 other service, right, or benefit to any party, regardless of 10 the technology, are those that the company is obligated to 11 extend or provide under applicable federal law and 12 regulations. 13 (14)(13) "Telecommunications company" includes every 14 corporation, partnership, and person and their lessees, 15 trustees, or receivers appointed by any court whatsoever, and 16 every political subdivision in the state, offering two-way 17 telecommunications service to the public for hire within this 18 state by the use of a telecommunications facility. The term 19 "telecommunications company" does not include: 20 (a) An entity which provides a telecommunications 21 facility exclusively to a certificated telecommunications 22 company; 23 (b) An entity which provides a telecommunications 24 facility exclusively to a company which is excluded from the 25 definition of a telecommunications company under this 26 subsection; 27 (c) A commercial mobile radio service provider; 28 (d) A facsimile transmission service; 29 (e) A private computer data network company not 30 offering service to the public for hire; 31 (f) A cable television company providing cable service 8 8:44 AM 04/18/05 s2232.cm27.00y
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 745618 1 as defined in 47 U.S.C. s. 522; or 2 (g) An intrastate interexchange telecommunications 3 company. 4 5 However, each commercial mobile radio service provider and 6 each intrastate interexchange telecommunications company shall 7 continue to be liable for any taxes imposed under pursuant to 8 chapters 202, 203, and 212 and any fees assessed under 9 pursuant to ss. 364.025 and 364.336. Each intrastate 10 interexchange telecommunications company shall continue to be 11 subject to ss. 364.04, 364.10(3)(a) and (d), 364.163, 364.285, 12 364.501, 364.603, and 364.604, shall provide the commission 13 with such current information as the commission deems 14 necessary to contact and communicate with the company, shall 15 continue to pay intrastate switched network access rates or 16 other intercarrier compensation to the local exchange 17 telecommunications company or the competitive local exchange 18 telecommunications company for the origination and termination 19 of interexchange telecommunications service, and shall reduce 20 its intrastate long distance toll rates in accordance with s. 21 364.163(2). 22 (15)(14) "Telecommunications facility" includes real 23 estate, easements, apparatus, property, and routes used and 24 operated to provide two-way telecommunications service to the 25 public for hire within this state. 26 (16) "VoIP" means the voice-over-Internet protocol as 27 that term is defined in federal law. 28 Section 6. Section 364.0361, Florida Statutes, is 29 amended to read: 30 364.0361 Local government authority; nondiscriminatory 31 exercise.--A local government shall treat each 9 8:44 AM 04/18/05 s2232.cm27.00y
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 745618 1 telecommunications company in a nondiscriminatory manner when 2 exercising its authority to grant franchises to a 3 telecommunications company or to otherwise establish 4 conditions or compensation for the use of rights-of-way or 5 other public property by a telecommunications company. A local 6 government may not directly or indirectly regulate the terms 7 and conditions, including, but not limited to, the operating 8 systems, qualifications, services, service quality, service 9 territory, and prices, applicable to or in connection with the 10 provision of any voice-over-Internet protocol, broadband or 11 information service, regardless of the platform, provider, or 12 protocol. This section does not relieve a provider from any 13 obligations under s. 166.046 or s. 337.401. 14 Section 7. Paragraph (a) of subsection (3) of section 15 364.10, Florida Statutes, is amended to read: 16 364.10 Undue advantage to person or locality 17 prohibited; Lifeline service.-- 18 (3)(a) Effective September 1, 2003, any local exchange 19 telecommunications company authorized by the commission to 20 reduce its switched network access rate under pursuant to s. 21 364.164 shall have tariffed and shall provide Lifeline service 22 to any otherwise eligible customer or potential customer who 23 meets an income eligibility test at 135 125 percent or less of 24 the federal poverty income guidelines for Lifeline customers. 25 The Such a test for eligibility must augment, rather than 26 replace, the eligibility standards established by federal law 27 and based on participation in certain low-income assistance 28 programs. Each intrastate interexchange telecommunications 29 company shall, effective September 1, 2003, file a tariff 30 providing at a minimum the intrastate interexchange 31 telecommunications carrier's current Lifeline benefits and 10 8:44 AM 04/18/05 s2232.cm27.00y
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 745618 1 exemptions to Lifeline customers who meet the income 2 eligibility test set forth in this subsection. The Office of 3 Public Counsel shall certify and maintain claims submitted by 4 a customer for eligibility under the income test authorized by 5 this subsection. 6 Section 8. Section 364.502, Florida Statutes, is 7 repealed. 8 Section 9. Subsection (1) of section 364.335, Florida 9 Statutes, is amended to read: 10 364.335 Application for certificate.-- 11 (1) Each applicant for a certificate shall: 12 (a) Provide all information required by rule or order 13 of the commission, which may include a detailed inquiry into 14 the ability of the applicant to provide service, a detailed 15 inquiry into the territory and facilities involved, and a 16 detailed inquiry into the existence of service from other 17 sources within geographical proximity to the territory applied 18 for. 19 (b) File with the commission schedules showing all 20 rates for service of every kind furnished by it and all rules 21 and contracts relating to such service. 22 (c) File the application fee required by the 23 commission in an amount not to exceed $500 $250. Such fees 24 shall be deposited in accordance with s. 350.113. 25 (d) Submit an affidavit that the applicant has caused 26 notice of its application to be given to such persons and in 27 such manner as may be prescribed by commission rule. 28 Section 10. Section 364.336, Florida Statutes, is 29 amended to read: 30 364.336 Regulatory assessment fees.--Notwithstanding 31 any provisions of law to the contrary, each telecommunications 11 8:44 AM 04/18/05 s2232.cm27.00y
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 745618 1 company licensed or operating under this chapter, for any part 2 of the preceding 6-month period, shall pay to the commission, 3 within 30 days following the end of each 6-month period, a fee 4 that may not exceed 0.25 percent annually of its gross 5 operating revenues derived from intrastate business, except, 6 for purposes of this section and the fee specified in s. 7 350.113(3), any amount paid to another telecommunications 8 company for the use of any telecommunications network shall be 9 deducted from the gross operating revenue for purposes of 10 computing the fee due. The commission shall by rule assess a 11 minimum fee in an amount up to $1,000. The minimum amount may 12 vary depending on the type of service provided by the 13 telecommunications company, and shall, to the extent 14 practicable, be related to the cost of regulating such type of 15 company. Differences, if any, between the amount paid in any 16 6-month period and the amount actually determined by the 17 commission to be due shall, upon motion by the commission, be 18 immediately paid or refunded. Fees under this section may not 19 be less than $50 annually. Such fees shall be deposited in 20 accordance with s. 350.113. The commission may by rule 21 establish criteria for payment of the regulatory assessment 22 fee on an annual basis rather than on a semiannual basis. 23 Section 11. Subsection (6) of section 196.012, Florida 24 Statutes, is amended to read: 25 196.012 Definitions.--For the purpose of this chapter, 26 the following terms are defined as follows, except where the 27 context clearly indicates otherwise: 28 (6) Governmental, municipal, or public purpose or 29 function shall be deemed to be served or performed when the 30 lessee under any leasehold interest created in property of the 31 United States, the state or any of its political subdivisions, 12 8:44 AM 04/18/05 s2232.cm27.00y
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 745618 1 or any municipality, agency, special district, authority, or 2 other public body corporate of the state is demonstrated to 3 perform a function or serve a governmental purpose which could 4 properly be performed or served by an appropriate governmental 5 unit or which is demonstrated to perform a function or serve a 6 purpose which would otherwise be a valid subject for the 7 allocation of public funds. For purposes of the preceding 8 sentence, an activity undertaken by a lessee which is 9 permitted under the terms of its lease of real property 10 designated as an aviation area on an airport layout plan which 11 has been approved by the Federal Aviation Administration and 12 which real property is used for the administration, operation, 13 business offices and activities related specifically thereto 14 in connection with the conduct of an aircraft full service 15 fixed base operation which provides goods and services to the 16 general aviation public in the promotion of air commerce shall 17 be deemed an activity which serves a governmental, municipal, 18 or public purpose or function. Any activity undertaken by a 19 lessee which is permitted under the terms of its lease of real 20 property designated as a public airport as defined in s. 21 332.004(14) by municipalities, agencies, special districts, 22 authorities, or other public bodies corporate and public 23 bodies politic of the state, a spaceport as defined in s. 24 331.303(19), or which is located in a deepwater port 25 identified in s. 403.021(9)(b) and owned by one of the 26 foregoing governmental units, subject to a leasehold or other 27 possessory interest of a nongovernmental lessee that is deemed 28 to perform an aviation, airport, aerospace, maritime, or port 29 purpose or operation shall be deemed an activity that serves a 30 governmental, municipal, or public purpose. The use by a 31 lessee, licensee, or management company of real property or a 13 8:44 AM 04/18/05 s2232.cm27.00y
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 745618 1 portion thereof as a convention center, visitor center, sports 2 facility with permanent seating, concert hall, arena, stadium, 3 park, or beach is deemed a use that serves a governmental, 4 municipal, or public purpose or function when access to the 5 property is open to the general public with or without a 6 charge for admission. If property deeded to a municipality by 7 the United States is subject to a requirement that the Federal 8 Government, through a schedule established by the Secretary of 9 the Interior, determine that the property is being maintained 10 for public historic preservation, park, or recreational 11 purposes and if those conditions are not met the property will 12 revert back to the Federal Government, then such property 13 shall be deemed to serve a municipal or public purpose. The 14 term "governmental purpose" also includes a direct use of 15 property on federal lands in connection with the Federal 16 Government's Space Exploration Program or spaceport activities 17 as defined in s. 212.02(22). Real property and tangible 18 personal property owned by the Federal Government or the 19 Florida Space Authority and used for defense and space 20 exploration purposes or which is put to a use in support 21 thereof shall be deemed to perform an essential national 22 governmental purpose and shall be exempt. "Owned by the 23 lessee" as used in this chapter does not include personal 24 property, buildings, or other real property improvements used 25 for the administration, operation, business offices and 26 activities related specifically thereto in connection with the 27 conduct of an aircraft full service fixed based operation 28 which provides goods and services to the general aviation 29 public in the promotion of air commerce provided that the real 30 property is designated as an aviation area on an airport 31 layout plan approved by the Federal Aviation Administration. 14 8:44 AM 04/18/05 s2232.cm27.00y
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 745618 1 For purposes of determination of "ownership," buildings and 2 other real property improvements which will revert to the 3 airport authority or other governmental unit upon expiration 4 of the term of the lease shall be deemed "owned" by the 5 governmental unit and not the lessee. Providing two-way 6 telecommunications services to the public for hire by the use 7 of a telecommunications facility, as defined in s. 364.02(15) 8 s.364.02(14), and for which a certificate is required under 9 chapter 364 does not constitute an exempt use for purposes of 10 s. 196.199, unless the telecommunications services are 11 provided by the operator of a public-use airport, as defined 12 in s. 332.004, for the operator's provision of 13 telecommunications services for the airport or its tenants, 14 concessionaires, or licensees, or unless the 15 telecommunications services are provided by a public hospital. 16 However, property that is being used to provide such 17 telecommunications services on or before October 1, 1997, 18 shall remain exempt, but such exemption expires October 1, 19 2004. 20 Section 12. Paragraph (b) of subsection (1) of section 21 199.183, Florida Statutes, is amended to read: 22 199.183 Taxpayers exempt from annual and nonrecurring 23 taxes.-- 24 (1) Intangible personal property owned by this state 25 or any of its political subdivisions or municipalities shall 26 be exempt from taxation under this chapter. This exemption 27 does not apply to: 28 (b) Property related to the provision of two-way 29 telecommunications services to the public for hire by the use 30 of a telecommunications facility, as defined in s. 364.02(15) 31 s. 364.02(14), and for which a certificate is required under 15 8:44 AM 04/18/05 s2232.cm27.00y
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 745618 1 chapter 364, when the such service is provided by any county, 2 municipality, or other political subdivision of the state. Any 3 immunity of any political subdivision of the state or other 4 entity of local government from taxation of the property used 5 to provide telecommunication services that is taxed as a 6 result of this paragraph is hereby waived. However, intangible 7 personal property related to the provision of such 8 telecommunications services provided by the operator of a 9 public-use airport, as defined in s. 332.004, for the 10 operator's provision of telecommunications services for the 11 airport or its tenants, concessionaires, or licensees, and 12 intangible personal property related to the provision of such 13 telecommunications services provided by a public hospital, are 14 exempt from taxation under this chapter. 15 Section 13. Subsection (6) of section 212.08, Florida 16 Statutes, is amended to read: 17 212.08 Sales, rental, use, consumption, distribution, 18 and storage tax; specified exemptions.--The sale at retail, 19 the rental, the use, the consumption, the distribution, and 20 the storage to be used or consumed in this state of the 21 following are hereby specifically exempt from the tax imposed 22 by this chapter. 23 (6) EXEMPTIONS; POLITICAL SUBDIVISIONS.--There are 24 also exempt from the tax imposed by this chapter sales made to 25 the United States Government, a state, or any county, 26 municipality, or political subdivision of a state when payment 27 is made directly to the dealer by the governmental entity. 28 This exemption shall not inure to any transaction otherwise 29 taxable under this chapter when payment is made by a 30 government employee by any means, including, but not limited 31 to, cash, check, or credit card when that employee is 16 8:44 AM 04/18/05 s2232.cm27.00y
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 745618 1 subsequently reimbursed by the governmental entity. This 2 exemption does not include sales of tangible personal property 3 made to contractors employed either directly or as agents of 4 any such government or political subdivision thereof when such 5 tangible personal property goes into or becomes a part of 6 public works owned by such government or political 7 subdivision. A determination whether a particular transaction 8 is properly characterized as an exempt sale to a government 9 entity or a taxable sale to a contractor shall be based on the 10 substance of the transaction rather than the form in which the 11 transaction is cast. The department shall adopt rules that 12 give special consideration to factors that govern the status 13 of the tangible personal property before its affixation to 14 real property. In developing these rules, assumption of the 15 risk of damage or loss is of paramount consideration in the 16 determination. This exemption does not include sales, rental, 17 use, consumption, or storage for use in any political 18 subdivision or municipality in this state of machines and 19 equipment and parts and accessories therefor used in the 20 generation, transmission, or distribution of electrical energy 21 by systems owned and operated by a political subdivision in 22 this state for transmission or distribution expansion. 23 Likewise exempt are charges for services rendered by radio and 24 television stations, including line charges, talent fees, or 25 license fees and charges for films, videotapes, and 26 transcriptions used in producing radio or television 27 broadcasts. The exemption provided in this subsection does not 28 include sales, rental, use, consumption, or storage for use in 29 any political subdivision or municipality in this state of 30 machines and equipment and parts and accessories therefor used 31 in providing two-way telecommunications services to the public 17 8:44 AM 04/18/05 s2232.cm27.00y
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 745618 1 for hire by the use of a telecommunications facility, as 2 defined in s. 364.02(15) s. 364.02(14), and for which a 3 certificate is required under chapter 364, which facility is 4 owned and operated by any county, municipality, or other 5 political subdivision of the state. Any immunity of any 6 political subdivision of the state or other entity of local 7 government from taxation of the property used to provide 8 telecommunication services that is taxed as a result of this 9 section is hereby waived. However, the exemption provided in 10 this subsection includes transactions taxable under this 11 chapter which are for use by the operator of a public-use 12 airport, as defined in s. 332.004, in providing such 13 telecommunications services for the airport or its tenants, 14 concessionaires, or licensees, or which are for use by a 15 public hospital for the provision of such telecommunications 16 services. 17 Section 14. Subsection (8) of section 290.007, Florida 18 Statutes, is amended to read: 19 290.007 State incentives available in enterprise 20 zones.--The following incentives are provided by the state to 21 encourage the revitalization of enterprise zones: 22 (8) Notwithstanding any law to the contrary, the 23 Public Service Commission may allow public utilities and 24 telecommunications companies to grant discounts of up to 50 25 percent on tariffed rates for services to small businesses 26 located in an enterprise zone designated pursuant to s. 27 290.0065. Such discounts may be granted for a period not to 28 exceed 5 years. For purposes of this subsection, the term 29 "public utility" has the same meaning as in s. 366.02(1) and 30 the term "telecommunications company" has the same meaning as 31 in s. 364.02(14) s. 364.02(13). 18 8:44 AM 04/18/05 s2232.cm27.00y
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 745618 1 Section 15. Subsection (3) of section 350.0605, 2 Florida Statutes, is amended to read: 3 350.0605 Former commissioners and employees; 4 representation of clients before commission.-- 5 (3) For a period of 2 years following termination of 6 service on the commission, a former member may not accept 7 employment by or compensation from a business entity which, 8 directly or indirectly, owns or controls a public utility 9 regulated by the commission, from a public utility regulated 10 by the commission, from a business entity which, directly or 11 indirectly, is an affiliate or subsidiary of a public utility 12 regulated by the commission or is an actual business 13 competitor of a local exchange company or public utility 14 regulated by the commission and is otherwise exempt from 15 regulation by the commission under ss. 364.02(14) 364.02(13) 16 and 366.02(1), or from a business entity or trade association 17 that has been a party to a commission proceeding within the 2 18 years preceding the member's termination of service on the 19 commission. This subsection applies only to members of the 20 Florida Public Service Commission who are appointed or 21 reappointed after May 10, 1993. 22 Section 16. Subsection (4) of section 364.602, Florida 23 Statutes, is amended to read: 24 364.602 Definitions.--For purposes of this part: 25 (4) "Originating party" means any person, firm, 26 corporation, or other entity, including a telecommunications 27 company or a billing clearinghouse, that provides any 28 telecommunications service or information service to a 29 customer or bills a customer through a billing party, except 30 the term "originating party" does not include any entity 31 specifically exempted from the definition of 19 8:44 AM 04/18/05 s2232.cm27.00y
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 745618 1 "telecommunications company" as provided in s. 364.02(14) s. 2 364.02(13). 3 Section 17. Subsection (5) of section 489.103, Florida 4 Statutes, is amended to read: 5 489.103 Exemptions.--This part does not apply to: 6 (5) Public utilities, including special gas districts 7 as defined in chapter 189, telecommunications companies as 8 defined in s. 364.02(14) s. 364.02(13) and natural gas 9 transmission companies as defined in s. 368.103(4), on 10 construction, maintenance, and development work performed by 11 their employees, which work, including, but not limited to, 12 work on bridges, roads, streets, highways, or railroads, is 13 incidental to their business. The board shall define, by rule, 14 the term "incidental to their business" for purposes of this 15 subsection. 16 17 (Redesignate subsequent sections.) 18 19 20 ================ T I T L E A M E N D M E N T =============== 21 And the title is amended as follows: 22 On page 1, lines 1 & 2, delete "the regulation of 23 telephone rates;" 24 25 and insert: 26 A bill to be entitled 27 An act relating to telecommunications; amending 28 s. 364.01, F.S.; specifying the exclusive 29 jurisdiction of the Florida Public Service 30 Commission to regulate telecommunications 31 companies; providing that state laws governing 20 8:44 AM 04/18/05 s2232.cm27.00y
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 745618 1 business and consumer protection be applied to 2 communications activities that are not 3 regulated by the commission; revising 4 provisions governing the exclusive jurisdiction 5 of the commission; creating s. 364.011, F.S.; 6 specifying certain services that are exempt 7 from oversight by the commission; creating s. 8 364.012, F.S.; requiring the commission to 9 coordinate with federal agencies; providing 10 that ch. 364, F.S., does not limit or modify 11 certain duties of a local exchange carrier; 12 creating s. 364.013, F.S.; requiring that 13 broadband service remain free of state and 14 local regulation; requiring that 15 voice-over-Internet protocol remain free of 16 regulation, except as specifically provided in 17 ch. 364, F.S., or by federal law; amending s. 18 364.02, F.S.; defining the terms "broadband 19 service" and "VoIP"; redefining the term 20 "service"; amending s. 364.0361, F.S.; 21 prohibiting a local government from regulating 22 voice-over-Internet protocol regardless of the 23 platform or provider; amending s. 364.10, F.S.; 24 revising the income threshold for eligibility 25 for Lifeline service; repealing s. 364.502, 26 F.S., relating to video programming services; 27 amending s. 364.335, F.S.; increasing to $500 28 from $250 the maximum allowable filing fee for 29 certification of telecommunications carriers; 30 amending s. 364.336, F.S.; authorizing the 31 Public Service Commission to establish a 21 8:44 AM 04/18/05 s2232.cm27.00y
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2232 Barcode 745618 1 minimum fee of up to $1,000; authorizing 2 different fees for different types of services 3 provided by telecommunications companies; 4 amending ss. 196.012, 199.183, 212.08, 290.007, 5 350.0605, 364.602, and 489.103, F.S.; 6 conforming cross-references; 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 22 8:44 AM 04/18/05 s2232.cm27.00y