HB 995

1	A bill to be entitled
2	An act relating to telephone and telegraph companies;
3	repealing s. 362.01, F.S., relating to the power of
4	telephone and telegraph companies to erect posts, wires,
5	and other fixtures on or beside any public road or
6	highway; repealing s. 362.02, F.S., relating to the right
7	of telephone and telegraph companies to construct,
8	maintain, and operate lines along and upon the right-of-
9	way of any railroad and to exercise eminent domain for
10	that purpose; amending s. 337.401, F.S.; conforming a
11	cross-reference; providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Sections 362.01 and 362.02, Florida Statutes,
16	are repealed.
17	Section 2.  Paragraph (h) of subsection (3) of section
18	337.401, Florida Statutes, is amended to read:
19	337.401  Use of right-of-way for utilities subject to
20	regulation; permit; fees.-
21	(3)
22	(h)  A provider of communications services that has
23	obtained permission to occupy the roads or rights-of-way of an
24	incorporated municipality pursuant to former s. 362.01 or that
25	is otherwise lawfully occupying the roads or rights-of-way of a
26	municipality shall not be required to obtain consent to continue
27	such lawful occupation of those roads or rights-of-way; however,
28	nothing in this paragraph shall be interpreted to limit the
29	power of a municipality to adopt or enforce reasonable rules or
30	regulations as provided in this section.
31	Section 3.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.