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 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
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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.
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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.
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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
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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
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1 as defined in 47 U.S.C. s. 522; or
2 (g) An intrastate interexchange telecommunications
3 company.
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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
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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
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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
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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,
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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
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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.
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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
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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
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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
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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).
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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
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 2232
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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
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Bill No. CS for SB 2232
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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
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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;
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