Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1000
       
       
       
       
       
       
                                Ì281892CÎ281892                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/28/2019           .                                
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       The Committee on Community Affairs (Hutson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (2) of section
    6  202.20, Florida Statutes, is amended to read:
    7         202.20 Local communications services tax conversion rates.—
    8         (2)
    9         (b) Except as otherwise provided in this subsection,
   10  “replaced revenue sources,” as used in this section, means the
   11  following taxes, charges, fees, or other impositions to the
   12  extent that the respective local taxing jurisdictions were
   13  authorized to impose them prior to July 1, 2000.
   14         1. With respect to municipalities and charter counties and
   15  the taxes authorized by s. 202.19(1):
   16         a. The public service tax on telecommunications authorized
   17  by former s. 166.231(9).
   18         b. Franchise fees on cable service providers as authorized
   19  by 47 U.S.C. s. 542.
   20         c. The public service tax on prepaid calling arrangements.
   21         d. Franchise fees on dealers of communications services
   22  which use the public roads or rights-of-way, up to the limit set
   23  forth in s. 337.401. For purposes of calculating rates under
   24  this section, it is the legislative intent that charter counties
   25  be treated as having had the same authority as municipalities to
   26  impose franchise fees on recurring local telecommunication
   27  service revenues prior to July 1, 2000. However, the Legislature
   28  recognizes that the authority of charter counties to impose such
   29  fees is in dispute, and the treatment provided in this section
   30  is not an expression of legislative intent that charter counties
   31  actually do or do not possess such authority.
   32         e. Actual permit fees relating to placing or maintaining
   33  facilities in or on public roads or rights-of-way, collected
   34  from providers of long-distance, cable, and mobile
   35  communications services for the fiscal year ending September 30,
   36  1999; however, if a municipality or charter county elects the
   37  option to charge permit fees pursuant to s. 337.401(3)(c)
   38  337.401(3)(c)1.a., such fees shall not be included as a replaced
   39  revenue source.
   40         2. With respect to all other counties and the taxes
   41  authorized in s. 202.19(1), franchise fees on cable service
   42  providers as authorized by 47 U.S.C. s. 542.
   43         Section 2. Subsection (3), paragraphs (e) and (f) of
   44  subsection (6), and paragraphs (b), (c), (d), (e), (f), (g), and
   45  (i) of subsection (7) of section 337.401, Florida Statutes, are
   46  amended, and subsection (8) is added to that section, to read:
   47         337.401 Use of right-of-way for utilities subject to
   48  regulation; permit; fees.—
   49         (3)(a) Because of the unique circumstances applicable to
   50  providers of communications services, including, but not limited
   51  to, the circumstances described in paragraph (e) and the fact
   52  that federal and state law require the nondiscriminatory
   53  treatment of providers of telecommunications services, and
   54  because of the desire to promote competition among providers of
   55  communications services, it is the intent of the Legislature
   56  that municipalities and counties treat providers of
   57  communications services in a nondiscriminatory and competitively
   58  neutral manner when imposing rules or regulations governing the
   59  placement or maintenance of communications facilities in the
   60  public roads or rights-of-way. Rules or regulations imposed by a
   61  municipality or county relating to providers of communications
   62  services placing or maintaining communications facilities in its
   63  roads or rights-of-way must be generally applicable to all
   64  providers of communications services, taking into account the
   65  distinct engineering, construction, operation, maintenance,
   66  public works, and safety requirements of provider facilities,
   67  and, notwithstanding any other law, may not require a provider
   68  of communications services to apply for or enter into an
   69  individual license, franchise, or other agreement with the
   70  municipality or county as a condition of placing or maintaining
   71  communications facilities in its roads or rights-of-way. In
   72  addition to other reasonable rules or regulations that a
   73  municipality or county may adopt relating to the placement or
   74  maintenance of communications facilities in its roads or rights
   75  of-way under this subsection or subsection (7), a municipality
   76  or county may require a provider of communications services that
   77  places or seeks to place facilities in its roads or rights-of
   78  way to register with the municipality or county. To register, a
   79  provider of communications services only may be required to
   80  provide its name and to provide the name of the registrant; the
   81  name, address, and telephone number of a contact person for the
   82  registrant; the number of the registrant’s current certificate
   83  of authorization issued by the Florida Public Service
   84  Commission, the Federal Communications Commission, or the
   85  Department of State; and any required proof of insurance or
   86  self-insuring status adequate to defend and cover claims. A
   87  municipality or county may not require registration renewal more
   88  frequently than every 5 years, but may request that a provider
   89  submit any updates during this period if the registration
   90  information provided pursuant to this subsection changes. A
   91  municipality or county may not require the provision of an
   92  inventory of communications facilities, maps, locations of such
   93  facilities, or other information by a registrant as a condition
   94  of registration, renewal, or for any other purpose; provided,
   95  however, that a municipality or county may require as part of a
   96  permit application that the applicant identify at-grade
   97  communications facilities within 25 feet of the proposed
   98  installation location for the placement of at-grade
   99  communications facilities. A municipality or county may not
  100  require a provider to pay any fee, cost, or other charge for
  101  registration or renewal thereof. It is the intent of the
  102  Legislature that the placement, operation, maintenance,
  103  upgrading, and extension of communications facilities not be
  104  unreasonably interrupted or delayed through the permitting or
  105  other local regulatory process. Except as provided in this
  106  chapter or otherwise expressly authorized by chapter 202,
  107  chapter 364, or chapter 610, a municipality or county may not
  108  adopt or enforce any ordinance, regulation, or requirement as to
  109  the placement or operation of communications facilities in a
  110  right-of-way by a communications services provider authorized by
  111  state or local law to operate in a right-of-way; regulate any
  112  communications services; or impose or collect any tax, fee,
  113  cost, charge, or exaction for the provision of communications
  114  services over the communications services provider’s
  115  communications facilities in a right-of-way.
  116         (b) Registration described in paragraph (a) does not
  117  establish a right to place or maintain, or priority for the
  118  placement or maintenance of, a communications facility in roads
  119  or rights-of-way of a municipality or county. Each municipality
  120  and county retains the authority to regulate and manage
  121  municipal and county roads or rights-of-way in exercising its
  122  police power, subject to the limitations imposed in this section
  123  and chapters 202 and 610. Any rules or regulations adopted by a
  124  municipality or county which govern the occupation of its roads
  125  or rights-of-way by providers of communications services must be
  126  related to the placement or maintenance of facilities in such
  127  roads or rights-of-way, must be reasonable and
  128  nondiscriminatory, and may include only those matters necessary
  129  to manage the roads or rights-of-way of the municipality or
  130  county.
  131         (c) Any municipality or county that, as of January 1, 2019,
  132  elected to require permit fees from any provider of
  133  communications services that uses or occupy municipal or county
  134  road or rights-of-way pursuant to former paragraph (c) or
  135  paragraph (j), Florida Statutes 2018, may continue to require
  136  and collect such fees. A municipality or county that elected as
  137  of such date to require permit fees may elect to forego such
  138  fees as provided herein. A municipality or county that elected
  139  as of such date not to require permit fees may not elect to
  140  impose permit fees.
  141         1.It is the intention of the state to treat all providers
  142  of communications services that use or occupy municipal or
  143  charter county roads or rights-of-way for the provision of
  144  communications services in a nondiscriminatory and competitively
  145  neutral manner with respect to the payment of permit fees.
  146  Certain providers of communications services have been granted
  147  by general law the authority to offset permit fees against
  148  franchise or other fees while other providers of communications
  149  services have not been granted this authority. In order to treat
  150  all providers of communications services in a nondiscriminatory
  151  and competitively neutral manner with respect to the payment of
  152  permit fees, each municipality and charter county shall make an
  153  election under either sub-subparagraph a. or sub-subparagraph b.
  154  and must inform the Department of Revenue of the election by
  155  certified mail by July 16, 2001. Such election shall take effect
  156  October 1, 2001.
  157         a.(I) The municipality or charter county may require and
  158  collect permit fees from any providers of communications
  159  services that use or occupy municipal or county roads or rights
  160  of-way. All fees authorized permitted under this paragraph sub
  161  subparagraph must be reasonable and commensurate with the direct
  162  and actual cost of the regulatory activity, including issuing
  163  and processing permits, plan reviews, physical inspection, and
  164  direct administrative costs; must be demonstrable; and must be
  165  equitable among users of the roads or rights-of-way. A fee
  166  authorized permitted under this paragraph sub-subparagraph may
  167  not: be offset against the tax imposed under chapter 202;
  168  include the costs of roads or rights-of-way acquisition or roads
  169  or rights-of-way rental; include any general administrative,
  170  management, or maintenance costs of the roads or rights-of-way;
  171  or be based on a percentage of the value or costs associated
  172  with the work to be performed on the roads or rights-of-way. In
  173  an action to recover amounts due for a fee not authorized
  174  permitted under this paragraph sub-subparagraph, the prevailing
  175  party may recover court costs and attorney attorney’s fees at
  176  trial and on appeal. In addition to the limitations set forth in
  177  this section, a fee levied by a municipality or charter county
  178  under this paragraph sub-subparagraph may not exceed $100.
  179  However, permit fees may not be imposed with respect to permits
  180  that may be required for service drop lines not required to be
  181  noticed under s. 556.108(5) s. 556.108(5)(a)2. or for any
  182  activity that does not require the physical disturbance of the
  183  roads or rights-of-way or does not impair access to or full use
  184  of the roads or rights-of-way, including, but not limited to,
  185  any emergency repairs of existing facilities, extensions of such
  186  facilities for providing communications services to customers,
  187  and the placement of micro wireless facilities in accordance
  188  with subparagraph (7)(e)3.
  189         (II) To ensure competitive neutrality among providers of
  190  communications services, for any municipality or charter county
  191  that elects to exercise its authority to require and collect
  192  permit fees under this sub-subparagraph, the rate of the local
  193  communications services tax imposed by such jurisdiction, as
  194  computed under s. 202.20, shall automatically be reduced by a
  195  rate of 0.12 percent.
  196         b. Alternatively, the municipality or charter county may
  197  elect not to require and collect permit fees from any provider
  198  of communications services that uses or occupies municipal or
  199  charter county roads or rights-of-way for the provision of
  200  communications services; however, each municipality or charter
  201  county that elects to operate under this sub-subparagraph
  202  retains all authority to establish rules and regulations for
  203  providers of communications services to use or occupy roads or
  204  rights-of-way as provided in this section.
  205         1. If a municipality or charter county elects to not
  206  require permit fees operate under this sub-subparagraph, the
  207  total rate for the local communications services tax as computed
  208  under s. 202.20 for that municipality or charter county may be
  209  increased by ordinance or resolution by an amount not to exceed
  210  a rate of 0.12 percent. If a municipality or charter county
  211  elects to increase its rate effective October 1, 2001, the
  212  municipality or charter county shall inform the department of
  213  such increased rate by certified mail postmarked on or before
  214  July 16, 2001.
  215         c. A municipality or charter county that does not make an
  216  election as provided for in this subparagraph shall be presumed
  217  to have elected to operate under the provisions of sub
  218  subparagraph b.
  219         2. Each noncharter county shall make an election under
  220  either sub-subparagraph a. or sub-subparagraph b. and shall
  221  inform the Department of Revenue of the election by certified
  222  mail by July 16, 2001. Such election shall take effect October
  223  1, 2001.
  224         a. The noncharter county may elect to require and collect
  225  permit fees from any providers of communications services that
  226  use or occupy noncharter county roads or rights-of-way. All fees
  227  permitted under this sub-subparagraph must be reasonable and
  228  commensurate with the direct and actual cost of the regulatory
  229  activity, including issuing and processing permits, plan
  230  reviews, physical inspection, and direct administrative costs;
  231  must be demonstrable; and must be equitable among users of the
  232  roads or rights-of-way. A fee permitted under this sub
  233  subparagraph may not: be offset against the tax imposed under
  234  chapter 202; include the costs of roads or rights-of-way
  235  acquisition or roads or rights-of-way rental; include any
  236  general administrative, management, or maintenance costs of the
  237  roads or rights-of-way; or be based on a percentage of the value
  238  or costs associated with the work to be performed on the roads
  239  or rights-of-way. In an action to recover amounts due for a fee
  240  not permitted under this sub-subparagraph, the prevailing party
  241  may recover court costs and attorney’s fees at trial and on
  242  appeal. In addition to the limitations set forth in this
  243  section, a fee levied by a noncharter county under this sub
  244  subparagraph may not exceed $100. However, permit fees may not
  245  be imposed with respect to permits that may be required for
  246  service drop lines not required to be noticed under s.
  247  556.108(5)(a)2. or for any activity that does not require the
  248  physical disturbance of the roads or rights-of-way or does not
  249  impair access to or full use of the roads or rights-of-way.
  250         b. Alternatively, the noncharter county may elect not to
  251  require and collect permit fees from any provider of
  252  communications services that uses or occupies noncharter county
  253  roads or rights-of-way for the provision of communications
  254  services; however, each noncharter county that elects to operate
  255  under this sub-subparagraph shall retain all authority to
  256  establish rules and regulations for providers of communications
  257  services to use or occupy roads or rights-of-way as provided in
  258  this section.
  259         2. If a noncharter county elects to not require permit fees
  260  operate under this sub-subparagraph, the total rate for the
  261  local communications services tax as computed under s. 202.20
  262  for that noncharter county may be increased by ordinance or
  263  resolution by an amount not to exceed a rate of 0.24 percent, to
  264  replace the revenue the noncharter county would otherwise have
  265  received from permit fees for providers of communications
  266  services. If a noncharter county elects to increase its rate
  267  effective October 1, 2001, the noncharter county shall inform
  268  the department of such increased rate by certified mail
  269  postmarked on or before July 16, 2001.
  270         c. A noncharter county that does not make an election as
  271  provided for in this subparagraph shall be presumed to have
  272  elected to operate under the provisions of sub-subparagraph b.
  273         3. Except as provided in this paragraph, municipalities and
  274  counties retain all existing authority to require and collect
  275  permit fees from users or occupants of municipal or county roads
  276  or rights-of-way and to set appropriate permit fee amounts.
  277         (d) After January 1, 2001, In addition to any other notice
  278  requirements, a municipality must provide to the Secretary of
  279  State, at least 10 days prior to consideration on first reading,
  280  notice of a proposed ordinance governing a telecommunications
  281  company placing or maintaining telecommunications facilities in
  282  its roads or rights-of-way. After January 1, 2001, In addition
  283  to any other notice requirements, a county must provide to the
  284  Secretary of State, at least 15 days prior to consideration at a
  285  public hearing, notice of a proposed ordinance governing a
  286  telecommunications company placing or maintaining
  287  telecommunications facilities in its roads or rights-of-way. The
  288  notice required by this paragraph must be published by the
  289  Secretary of State on a designated Internet website. The failure
  290  of a municipality or county to provide such notice does not
  291  render the ordinance invalid, provided that enforcement of such
  292  ordinance must be suspended until 30 days after the municipality
  293  or county provides the required notice.
  294         (e) The authority of municipalities and counties to require
  295  franchise fees from providers of communications services, with
  296  respect to the provision of communications services, is
  297  specifically preempted by the state because of unique
  298  circumstances applicable to providers of communications services
  299  when compared to other utilities occupying municipal or county
  300  roads or rights-of-way. Providers of communications services may
  301  provide similar services in a manner that requires the placement
  302  of facilities in municipal or county roads or rights-of-way or
  303  in a manner that does not require the placement of facilities in
  304  such roads or rights-of-way. Although similar communications
  305  services may be provided by different means, the state desires
  306  to treat providers of communications services in a
  307  nondiscriminatory manner and to have the taxes, franchise fees,
  308  and other fees, costs, and financial or regulatory exactions
  309  paid by or imposed on providers of communications services be
  310  competitively neutral. Municipalities and counties retain all
  311  existing authority, if any, to collect franchise fees from users
  312  or occupants of municipal or county roads or rights-of-way other
  313  than providers of communications services, and the provisions of
  314  this subsection shall have no effect upon this authority. The
  315  provisions of this subsection do not restrict the authority, if
  316  any, of municipalities or counties or other governmental
  317  entities to receive reasonable rental fees based on fair market
  318  value for the use of public lands and buildings on property
  319  outside the public roads or rights-of-way for the placement of
  320  communications antennas and towers.
  321         (f) Except as expressly allowed or authorized by general
  322  law and except for the rights-of-way permit fees subject to
  323  paragraph (c), a municipality or county may not levy on a
  324  provider of communications services a tax, fee, or other charge
  325  or imposition for operating as a provider of communications
  326  services within the jurisdiction of the municipality or county
  327  which is in any way related to using its roads or rights-of-way.
  328  A municipality or county may not require or solicit in-kind
  329  compensation, except as otherwise provided in s. 202.24(2)(c)8.
  330  or s. 610.109, provided that the in-kind compensation is not a
  331  franchise fee under federal law. Nothing in this paragraph shall
  332  impair any ordinance or agreement in effect on May 22, 1998, or
  333  any voluntary agreement entered into subsequent to that date,
  334  which provides for or allows in-kind compensation by a
  335  telecommunications company.
  336         (g) A municipality or county may not use its authority over
  337  the placement of facilities in its roads and rights-of-way as a
  338  basis for asserting or exercising regulatory control over a
  339  provider of communications services regarding matters within the
  340  exclusive jurisdiction of the Florida Public Service Commission
  341  or the Federal Communications Commission, including, but not
  342  limited to, the operations, systems, equipment, technology,
  343  qualifications, services, service quality, service territory,
  344  and prices of a provider of communications services. A
  345  municipality or county may not require any permit for the
  346  maintenance, repair, replacement, or upgrade of existing aerial
  347  wireline communications facilities on utility poles or for
  348  aerial wireline facilities between existing wireline
  349  communications facility attachments on utility poles by a
  350  communications services provider; provided, however, that a
  351  municipality or county may require a right-of-way permit for
  352  work that involves excavation, closure of a sidewalk, or closure
  353  of a vehicular lane, unless the provider is making emergency
  354  restoration or repair work to existing facilities. Any permit
  355  application required by an authority under this section for the
  356  placement of communications facilities must be processed and
  357  acted upon consistent with the timeframes provided in
  358  subparagraphs (7)(d)7.-9. In addition, a municipality or county
  359  may not require any permit or other approval, fee, charge, or
  360  cost, or other exaction for the maintenance, repair,
  361  replacement, or upgrade of existing aerial or underground
  362  communications facilities located on private property outside of
  363  the public rights-of-way.
  364         (h) A provider of communications services that has obtained
  365  permission to occupy the roads or rights-of-way of an
  366  incorporated municipality pursuant to s. 362.01 or that is
  367  otherwise lawfully occupying the roads or rights-of-way of a
  368  municipality or county shall not be required to obtain consent
  369  to continue such lawful occupation of those roads or rights-of
  370  way; however, nothing in this paragraph shall be interpreted to
  371  limit the power of a municipality or county to adopt or enforce
  372  reasonable rules or regulations as provided in this section and
  373  consistent with chapters 202, 364, and 610. Any such rules or
  374  regulations must be in writing, and registered providers of
  375  communications services in the municipality or county must be
  376  given at least 60 days advance written notice of any changes to
  377  the rules and regulations.
  378         (i) Except as expressly provided in this section, this
  379  section does not modify the authority of municipalities and
  380  counties to levy the tax authorized in chapter 202 or the duties
  381  of providers of communications services under ss. 337.402
  382  337.404. This section does not apply to building permits, pole
  383  attachments, or private roads, private easements, and private
  384  rights-of-way.
  385         (j) Pursuant to this paragraph, any county or municipality
  386  may by ordinance change either its election made on or before
  387  July 16, 2001, under paragraph (c) or an election made under
  388  this paragraph.
  389         1.a. If a municipality or charter county changes its
  390  election under this paragraph in order to exercise its authority
  391  to require and collect permit fees in accordance with this
  392  subsection, the rate of the local communications services tax
  393  imposed by such jurisdiction pursuant to ss. 202.19 and 202.20
  394  shall automatically be reduced by the sum of 0.12 percent plus
  395  the percentage, if any, by which such rate was increased
  396  pursuant to sub-subparagraph (c)1.b.
  397         b. If a municipality or charter county changes its election
  398  under this paragraph in order to discontinue requiring and
  399  collecting permit fees, the rate of the local communications
  400  services tax imposed by such jurisdiction pursuant to ss. 202.19
  401  and 202.20 may be increased by ordinance or resolution by an
  402  amount not to exceed 0.24 percent.
  403         2.a. If a noncharter county changes its election under this
  404  paragraph in order to exercise its authority to require and
  405  collect permit fees in accordance with this subsection, the rate
  406  of the local communications services tax imposed by such
  407  jurisdiction pursuant to ss. 202.19 and 202.20 shall
  408  automatically be reduced by the percentage, if any, by which
  409  such rate was increased pursuant to sub-subparagraph (c)2.b.
  410         b. If a noncharter county changes its election under this
  411  paragraph in order to discontinue requiring and collecting
  412  permit fees, the rate of the local communications services tax
  413  imposed by such jurisdiction pursuant to ss. 202.19 and 202.20
  414  may be increased by ordinance or resolution by an amount not to
  415  exceed 0.24 percent.
  416         3.a. Any change of election pursuant to this paragraph and
  417  any tax rate change resulting from such change of election shall
  418  be subject to the notice requirements of s. 202.21; however, no
  419  such change of election shall become effective prior to January
  420  1, 2003.
  421         b. Any county or municipality changing its election under
  422  this paragraph in order to exercise its authority to require and
  423  collect permit fees shall, in addition to complying with the
  424  notice requirements under s. 202.21, provide to all dealers
  425  providing communications services in such jurisdiction written
  426  notice of such change of election by September 1 immediately
  427  preceding the January 1 on which such change of election becomes
  428  effective. For purposes of this sub-subparagraph, dealers
  429  providing communications services in such jurisdiction shall
  430  include every dealer reporting tax to such jurisdiction pursuant
  431  to s. 202.37 on the return required under s. 202.27 to be filed
  432  on or before the 20th day of May immediately preceding the
  433  January 1 on which such change of election becomes effective.
  434         (k) Notwithstanding the provisions of s. 202.19, when a
  435  local communications services tax rate is changed as a result of
  436  an election made or changed under this subsection, such rate may
  437  shall not be rounded to tenths.
  438         (6)
  439         (e) This subsection does not alter any provision of this
  440  section or s. 202.24 relating to taxes, fees, or other charges
  441  or impositions by a municipality or county on a dealer of
  442  communications services or authorize that any charges be
  443  assessed on a dealer of communications services, except as
  444  specifically set forth herein. A municipality or county may not
  445  charge a pass-through provider any amounts other than the
  446  charges under this subsection as a condition to the placement or
  447  maintenance of a communications facility in the roads or rights
  448  of-way of a municipality or county by a pass-through provider,
  449  except that a municipality or county may impose permit fees on a
  450  pass-through provider consistent with paragraph (3)(c) if the
  451  municipality or county elects to exercise its authority to
  452  collect permit fees under paragraph (3)(c).
  453         (f) The charges under this subsection do not apply to
  454  communications facilities placed in a municipality’s or county’s
  455  rights-of-way prior to the effective date of this subsection
  456  with permission from the municipality or county, if any was
  457  required, except to the extent the facilities of a pass-through
  458  provider were subject to per linear foot or mile charges in
  459  effect as of October 1, 2001, in which case the municipality or
  460  county may only impose on a pass-through provider charges
  461  consistent with paragraph (b) or paragraph (c) for such
  462  facilities. Notwithstanding the foregoing, this subsection does
  463  not impair any written agreement between a pass-through provider
  464  and a municipality or county imposing per linear foot or mile
  465  charges for communications facilities placed in municipal or
  466  county roads or rights-of-way that is in effect prior to the
  467  effective date of this subsection. Upon the termination or
  468  expiration of any such written agreement, any charges imposed
  469  must shall be consistent with this section paragraph (b) or
  470  paragraph (c). Notwithstanding the foregoing, until October 1,
  471  2005, this subsection shall not affect a municipality or county
  472  continuing to impose charges in excess of the charges authorized
  473  in this subsection on facilities of a pass-through provider that
  474  is not a dealer of communications services in the state under
  475  chapter 202, but only to the extent such charges were imposed by
  476  municipal or county ordinance or resolution adopted prior to
  477  February 1, 2002. Effective October 1, 2005, any charges imposed
  478  shall be consistent with paragraph (b) or paragraph (c).
  479         (7)
  480         (b) As used in this subsection, the term:
  481         1. “Antenna” means communications equipment that transmits
  482  or receives electromagnetic radio frequency signals used in
  483  providing wireless services.
  484         2. “Applicable codes” means uniform building, fire,
  485  electrical, plumbing, or mechanical codes adopted by a
  486  recognized national code organization or local amendments to
  487  those codes enacted solely to address threats of destruction of
  488  property or injury to persons, or local codes or ordinances
  489  adopted to implement this subsection. The term includes
  490  objective design standards adopted by ordinance that may require
  491  a new utility pole that replaces an existing utility pole to be
  492  of substantially similar design, material, and color or that may
  493  require reasonable spacing requirements concerning the location
  494  of ground-mounted equipment. The term includes objective design
  495  standards adopted by ordinance that may require a small wireless
  496  facility to meet reasonable location context, color, stealth,
  497  and concealment requirements; however, such design standards may
  498  be waived by the authority upon a showing that the design
  499  standards are not reasonably compatible for the particular
  500  location of a small wireless facility or that the design
  501  standards impose an excessive expense. The waiver shall be
  502  granted or denied within 45 days after the date of the request.
  503         3. “Applicant” means a person who submits an application
  504  and is a wireless provider.
  505         4. “Application” means a request submitted by an applicant
  506  to an authority for a permit to collocate small wireless
  507  facilities or to place a new utility pole used to support a
  508  small wireless facility.
  509         5. “Authority” means a county or municipality having
  510  jurisdiction and control of the rights-of-way of any public
  511  road. The term does not include the Department of
  512  Transportation. Rights-of-way under the jurisdiction and control
  513  of the department are excluded from this subsection.
  514         6. “Authority utility pole” means a utility pole owned by
  515  an authority in the right-of-way. The term does not include a
  516  utility pole owned by a municipal electric utility, a utility
  517  pole used to support municipally owned or operated electric
  518  distribution facilities, or a utility pole located in the right
  519  of-way within:
  520         a. A retirement community that:
  521         (I) Is deed restricted as housing for older persons as
  522  defined in s. 760.29(4)(b);
  523         (II) Has more than 5,000 residents; and
  524         (III) Has underground utilities for electric transmission
  525  or distribution.
  526         b. A municipality that:
  527         (I) Is located on a coastal barrier island as defined in s.
  528  161.053(1)(b)3.;
  529         (II) Has a land area of less than 5 square miles;
  530         (III) Has less than 10,000 residents; and
  531         (IV) Has, before July 1, 2017, received referendum approval
  532  to issue debt to finance municipal-wide undergrounding of its
  533  utilities for electric transmission or distribution.
  534         7. “Collocate” or “collocation” means to install, mount,
  535  maintain, modify, operate, or replace one or more wireless
  536  facilities on, under, within, or adjacent to a wireless support
  537  structure or utility pole. The term does not include the
  538  installation of a new utility pole or wireless support structure
  539  in the public rights-of-way.
  540         8. “FCC” means the Federal Communications Commission.
  541         9. “Micro wireless facility” means a small wireless
  542  facility having dimensions no larger than 24 inches in length,
  543  15 inches in width, and 12 inches in height and an exterior
  544  antenna, if any, no longer than 11 inches.
  545         10. “Small wireless facility” means a wireless facility
  546  that meets the following qualifications:
  547         a. Each antenna associated with the facility is located
  548  inside an enclosure of no more than 6 cubic feet in volume or,
  549  in the case of antennas that have exposed elements, each antenna
  550  and all of its exposed elements could fit within an enclosure of
  551  no more than 6 cubic feet in volume; and
  552         b. All other wireless equipment associated with the
  553  facility is cumulatively no more than 28 cubic feet in volume.
  554  The following types of associated ancillary equipment are not
  555  included in the calculation of equipment volume: electric
  556  meters, concealment elements, telecommunications demarcation
  557  boxes, ground-based enclosures, grounding equipment, power
  558  transfer switches, cutoff switches, vertical cable runs for the
  559  connection of power and other services, and utility poles or
  560  other support structures.
  561         11. “Utility pole” means a pole or similar structure that
  562  is used in whole or in part to provide communications services
  563  or for electric distribution, lighting, traffic control,
  564  signage, or a similar function. The term includes the vertical
  565  support structure for traffic lights but does not include a
  566  horizontal structure to which signal lights or other traffic
  567  control devices are attached and does not include a pole or
  568  similar structure 15 feet in height or less unless an authority
  569  grants a waiver for such pole.
  570         12. “Wireless facility” means equipment at a fixed location
  571  which enables wireless communications between user equipment and
  572  a communications network, including radio transceivers,
  573  antennas, wires, coaxial or fiber-optic cable or other cables,
  574  regular and backup power supplies, and comparable equipment,
  575  regardless of technological configuration, and equipment
  576  associated with wireless communications. The term includes small
  577  wireless facilities. The term does not include:
  578         a. The structure or improvements on, under, within, or
  579  adjacent to the structure on which the equipment is collocated;
  580         b. Wireline backhaul facilities; or
  581         c. Coaxial or fiber-optic cable that is between wireless
  582  structures or utility poles or that is otherwise not immediately
  583  adjacent to or directly associated with a particular antenna.
  584         13. “Wireless infrastructure provider” means a person who
  585  has been certificated under chapter 364 to provide
  586  telecommunications service in the state or under chapter 610 to
  587  provide cable or video services in this state, or that person’s
  588  affiliate, and who builds or installs wireless communication
  589  transmission equipment, wireless facilities, or wireless support
  590  structures but is not a wireless services provider.
  591         14. “Wireless provider” means a wireless infrastructure
  592  provider or a wireless services provider.
  593         15. “Wireless services” means any services provided using
  594  licensed or unlicensed spectrum, whether at a fixed location or
  595  mobile, using wireless facilities.
  596         16. “Wireless services provider” means a person who
  597  provides wireless services.
  598         17. “Wireless support structure” means a freestanding
  599  structure, such as a monopole, a guyed or self-supporting tower,
  600  or another existing or proposed structure designed to support or
  601  capable of supporting wireless facilities. The term does not
  602  include a utility pole, pedestal, or other support structure for
  603  ground-based equipment not mounted on a utility pole and less
  604  than 10 feet in height.
  605         (c) Except as provided in this subsection, an authority may
  606  not prohibit, regulate, or charge for the collocation of small
  607  wireless facilities in the public rights-of-way or for the
  608  installation, maintenance, modification, operation, or
  609  replacement of utility poles used for the collocation of small
  610  wireless facilities in the public rights-of-way.
  611         (d) An authority may require a registration process and
  612  permit fees in accordance with subsection (3). An authority
  613  shall accept applications for permits and shall process and
  614  issue permits subject to the following requirements:
  615         1. An authority may not directly or indirectly require an
  616  applicant to perform services unrelated to the collocation for
  617  which approval is sought, such as in-kind contributions to the
  618  authority, including reserving fiber, conduit, or pole space for
  619  the authority.
  620         2. An applicant may not be required to provide more
  621  information to obtain a permit than is necessary to demonstrate
  622  the applicant’s compliance with applicable codes for the
  623  placement of small wireless facilities in the locations
  624  identified in the application. An applicant may not be required
  625  to provide inventories, maps, or locations of communications
  626  facilities in the right-of-way other than as necessary to avoid
  627  interference with other at-grade facilities located at the
  628  specific location proposed for a small wireless facility or
  629  within 25 feet of such location.
  630         3. An authority may not:
  631         a. Require the placement of small wireless facilities on
  632  any specific utility pole or category of poles; or
  633         b. Require the placement of multiple antenna systems on a
  634  single utility pole;
  635         c.Require a demonstration that collocation of a small
  636  wireless facility on an existing structure is not legally or
  637  technically possible as a condition for granting a permit for
  638  the collocation of a small wireless facility on a new utility
  639  pole;
  640         d.Require compliance with an authority’s provisions
  641  regarding placement of small wireless facilities or a new
  642  utility pole used to support a small wireless facility in
  643  rights-of-way under the control of the department, unless the
  644  authority has received a delegation from the department for the
  645  location of the small wireless facility or utility pole; or
  646  require such compliance as a condition to receive a permit that
  647  is ancillary to the permit for collocation of a small wireless
  648  facility, including an electrical permit;
  649         e.Require a meeting before filing an application;
  650         f.Require direct or indirect public notification or a
  651  public meeting for the placement of communication facilities in
  652  the right-of-way;
  653         g.Limit the size or configuration of a small wireless
  654  facility or any of its components, if the small wireless
  655  facility complies with the size limits in this subsection;
  656         h.Prohibit the installation of a new utility pole used to
  657  support the collocation of a small wireless facility if the
  658  installation otherwise meets the requirements of this
  659  subsection;
  660         i.Require that any component of a small wireless facility
  661  be placed underground; or
  662         j.Require that any existing communication facility be
  663  placed underground, except as provided in ss. 337.403 and
  664  337.404.
  665         4. Subject to sub-subparagraph (f)6.b., an authority may
  666  not limit the placement, by minimum separation distances, of
  667  small wireless facilities, utility poles on which small wireless
  668  facilities are or will be collocated, or other at-grade
  669  communications facilities by minimum separation distances.
  670  However, within 14 days after the date of filing the
  671  application, an authority may request that the proposed location
  672  of a small wireless facility be moved to another location in the
  673  right-of-way and placed on an alternative authority utility pole
  674  or support structure or placed on may place a new utility pole.
  675  The authority and the applicant may negotiate the alternative
  676  location, including any objective design standards and
  677  reasonable spacing requirements for ground-based equipment, for
  678  30 days after the date of the request. At the conclusion of the
  679  negotiation period, if the alternative location is accepted by
  680  the applicant, the applicant must notify the authority of such
  681  acceptance and the application shall be deemed granted for any
  682  new location for which there is agreement and all other
  683  locations in the application. If an agreement is not reached,
  684  the applicant must notify the authority of such nonagreement and
  685  the authority must grant or deny the original application within
  686  90 days after the date the application was filed. A request for
  687  an alternative location, an acceptance of an alternative
  688  location, or a rejection of an alternative location must be in
  689  writing and provided by electronic mail.
  690         5. An authority shall limit the height of a small wireless
  691  facility to 10 feet above the utility pole or structure upon
  692  which the small wireless facility is to be collocated. Unless
  693  waived by an authority, the height for a new utility pole is
  694  limited to the tallest existing utility pole as of July 1, 2017,
  695  located in the same right-of-way, other than a utility pole for
  696  which a waiver has previously been granted, measured from grade
  697  in place within 500 feet of the proposed location of the small
  698  wireless facility. If there is no utility pole within 500 feet,
  699  the authority shall limit the height of the utility pole to 50
  700  feet.
  701         6. Except as provided in subparagraphs 4. and 5., The
  702  installation by a communications services provider of a utility
  703  pole in the public rights-of-way, other than a utility pole used
  704  designed to support a small wireless facility, is shall be
  705  subject to authority rules or regulations governing the
  706  placement of utility poles in the public rights-of-way and is
  707  shall be subject to the application review timeframes in this
  708  subsection.
  709         7. Within 14 days after receiving an application, an
  710  authority must determine and notify the applicant by electronic
  711  mail as to whether the application is complete. If an
  712  application is deemed incomplete, the authority must
  713  specifically identify the missing information. An application is
  714  deemed complete if the authority fails to provide notification
  715  to the applicant within 14 days.
  716         8. An application must be processed on a nondiscriminatory
  717  basis. A complete application is deemed approved if an authority
  718  fails to approve or deny the application within 60 days after
  719  receipt of the application. If an authority does not use the 30
  720  day negotiation period provided in subparagraph 4., the parties
  721  may mutually agree to extend the 60-day application review
  722  period. The authority shall grant or deny the application at the
  723  end of the extended period. A permit issued pursuant to an
  724  approved application shall remain effective for 1 year unless
  725  extended by the authority.
  726         9. An authority must notify the applicant of approval or
  727  denial by electronic mail. An authority shall approve a complete
  728  application unless it does not meet the authority’s applicable
  729  codes. If the application is denied, the authority must specify
  730  in writing the basis for denial, including the specific code
  731  provisions on which the denial was based, and send the
  732  documentation to the applicant by electronic mail on the day the
  733  authority denies the application. The applicant may cure the
  734  deficiencies identified by the authority and resubmit the
  735  application within 30 days after notice of the denial is sent to
  736  the applicant. The authority shall approve or deny the revised
  737  application within 30 days after receipt or the application is
  738  deemed approved. The review of a revised application is Any
  739  subsequent review shall be limited to the deficiencies cited in
  740  the denial. The availability of any subsequent review by the
  741  authority does not bar review of a denial in a court of
  742  competent jurisdiction.
  743         10. An applicant seeking to collocate small wireless
  744  facilities within the jurisdiction of a single authority may, at
  745  the applicant’s discretion, file a consolidated application and
  746  receive a single permit for the collocation of up to 30 small
  747  wireless facilities. If the application includes multiple small
  748  wireless facilities, an authority may separately address small
  749  wireless facility collocations for which incomplete information
  750  has been received or which are denied.
  751         11. An authority may deny a proposed collocation of a small
  752  wireless facility in the public rights-of-way if the proposed
  753  collocation:
  754         a. Materially interferes with the safe operation of traffic
  755  control equipment.
  756         b. Materially interferes with sight lines or clear zones
  757  for transportation, pedestrians, or public safety purposes.
  758         c. Materially interferes with compliance with the Americans
  759  with Disabilities Act or similar federal or state standards
  760  regarding pedestrian access or movement.
  761         d. Materially fails to comply with the 2010 edition of the
  762  Florida Department of Transportation Utility Accommodation
  763  Manual.
  764         e. Fails to comply with applicable codes.
  765         f.Fails to comply with objective design standards
  766  authorized under subparagraph (f)6.
  767         12. An authority may adopt by ordinance provisions for
  768  insurance coverage, indemnification, performance bonds, security
  769  funds, force majeure, abandonment, authority liability, or
  770  authority warranties. Such provisions must be reasonable and
  771  nondiscriminatory. An authority may require a construction bond
  772  to secure restoration of the postconstruction rights-of-way to
  773  its preconstruction condition. However, such bond must be time
  774  limited to no more than 1 year after the construction to which
  775  the bond applies is completed. For any financial obligation
  776  required by an authority allowed under this section, the
  777  authority shall accept a letter of credit or similar financial
  778  instrument issued by any financial institution that is
  779  authorized to do business within the United States, provided
  780  that a claim against the financial instrument may be made by
  781  electronic means, including by facsimile. A provider of
  782  communications services may add an authority to any existing
  783  bond, insurance policy, or other relevant financial instrument,
  784  and the authority must accept such proof of coverage without any
  785  conditions. An authority may not require a communications
  786  services provider to indemnify it for liabilities not caused by
  787  the provider, including liabilities arising from the authority’s
  788  negligence, gross negligence, or willful conduct.
  789         13. Collocation of a small wireless facility on an
  790  authority utility pole does not provide the basis for the
  791  imposition of an ad valorem tax on the authority utility pole.
  792         14. An authority may reserve space on authority utility
  793  poles for future public safety uses. However, a reservation of
  794  space may not preclude collocation of a small wireless facility.
  795  If replacement of the authority utility pole is necessary to
  796  accommodate the collocation of the small wireless facility and
  797  the future public safety use, the pole replacement is subject to
  798  make-ready provisions and the replaced pole shall accommodate
  799  the future public safety use.
  800         15. A structure granted a permit and installed pursuant to
  801  this subsection shall comply with chapter 333 and federal
  802  regulations pertaining to airport airspace protections.
  803         (e) An authority may not require any permit or other
  804  approval or require fees, or other charges, costs, or other
  805  exactions for:
  806         1. Routine maintenance or repair work, including, but not
  807  limited to, emergency repairs of existing facilities, or
  808  extensions of such facilities, for providing communications
  809  services to customers;
  810         2. Replacement of existing wireless facilities with
  811  wireless facilities that are substantially similar or of the
  812  same or smaller size; or
  813         3. Installation, placement, maintenance, or replacement of
  814  micro wireless facilities that are suspended on cables strung
  815  between existing utility poles in compliance with applicable
  816  codes by or for a communications services provider authorized to
  817  occupy the rights-of-way and who is remitting taxes under
  818  chapter 202. An authority may require an initial letter from or
  819  on behalf of such provider, which is effective upon filing,
  820  attesting that the micro wireless facility dimensions comply
  821  with the limits of this subsection. The authority may not
  822  require any additional filing or other information as long as
  823  the provider is deploying the same, a substantially similar, or
  824  a smaller size micro wireless facility equipment.
  825  
  826  Notwithstanding this paragraph, an authority may require a
  827  right-of-way permit for work that involves excavation, closure
  828  of a sidewalk, or closure of a vehicular lane unless the
  829  provider is making emergency restoration or repair work to
  830  existing facilities.
  831         (f) Collocation of small wireless facilities on authority
  832  utility poles is subject to the following requirements:
  833         1. An authority may not enter into an exclusive arrangement
  834  with any person for the right to attach equipment to authority
  835  utility poles.
  836         2. The rates and fees for collocations on authority utility
  837  poles must be nondiscriminatory, regardless of the services
  838  provided by the collocating person.
  839         3. The rate to collocate small wireless facilities on an
  840  authority utility pole may not exceed $150 per pole annually.
  841         4. Agreements between authorities and wireless providers
  842  that are in effect on July 1, 2017, and that relate to the
  843  collocation of small wireless facilities in the right-of-way,
  844  including the collocation of small wireless facilities on
  845  authority utility poles, remain in effect, subject to applicable
  846  termination provisions. The wireless provider may accept the
  847  rates, fees, and terms established under this subsection for
  848  small wireless facilities and utility poles that are the subject
  849  of an application submitted after the rates, fees, and terms
  850  become effective.
  851         5. A person owning or controlling an authority utility pole
  852  shall offer rates, fees, and other terms that comply with this
  853  subsection. By the later of January 1, 2018, or 3 months after
  854  receiving a request to collocate its first small wireless
  855  facility on a utility pole owned or controlled by an authority,
  856  the person owning or controlling the authority utility pole
  857  shall make available, through ordinance or otherwise, rates,
  858  fees, and terms for the collocation of small wireless facilities
  859  on the authority utility pole which comply with this subsection.
  860         a. The rates, fees, and terms must be nondiscriminatory and
  861  competitively neutral and must comply with this subsection.
  862         b. For an authority utility pole that supports an aerial
  863  facility used to provide communications services or electric
  864  service, the parties shall comply with the process for make
  865  ready work under 47 U.S.C. s. 224 and implementing regulations.
  866  The good faith estimate of the person owning or controlling the
  867  pole for any make-ready work necessary to enable the pole to
  868  support the requested collocation must include pole replacement
  869  if necessary.
  870         c. For an authority utility pole that does not support an
  871  aerial facility used to provide communications services or
  872  electric service, the authority shall provide a good faith
  873  estimate for any make-ready work necessary to enable the pole to
  874  support the requested collocation, including necessary pole
  875  replacement, within 60 days after receipt of a complete
  876  application. Make-ready work, including any pole replacement,
  877  must be completed within 60 days after written acceptance of the
  878  good faith estimate by the applicant. Alternatively, an
  879  authority may require the applicant seeking to collocate a small
  880  wireless facility to provide a make-ready estimate at the
  881  applicant’s expense for the work necessary to support the small
  882  wireless facility, including pole replacement, and perform the
  883  make-ready work. If pole replacement is required, the scope of
  884  the make-ready estimate is limited to the design, fabrication,
  885  and installation of a utility pole that is substantially similar
  886  in color and composition. The authority may not condition or
  887  restrict the manner in which the applicant obtains, develops, or
  888  provides the estimate or conducts the make-ready work subject to
  889  usual construction restoration standards for work in the right
  890  of-way. The replaced or altered utility pole shall remain the
  891  property of the authority.
  892         d. An authority may not require more make-ready work than
  893  is required to meet applicable codes or industry standards. Fees
  894  for make-ready work may not include costs related to preexisting
  895  damage or prior noncompliance. Fees for make-ready work,
  896  including any pole replacement, may not exceed actual costs or
  897  the amount charged to communications services providers other
  898  than wireless services providers for similar work and may not
  899  include any consultant fee or expense.
  900         6.An authority may require wireless providers to comply
  901  with objective design standards adopted by ordinance. The
  902  ordinance may require:
  903         a.A new utility pole that replaces an existing utility
  904  pole to be of substantially similar design, material, and color;
  905         b.Reasonable spacing requirements concerning the location
  906  of a ground-mounted component of a small wireless facility which
  907  does not exceed 15 feet from the associated support structure;
  908  or
  909         c.A small wireless facility to meet reasonable location
  910  context, color, camouflage, and concealment requirements,
  911  subject to the limitations in this subsection.
  912  
  913  Such design standards under this subparagraph may be waived by
  914  the authority upon a showing that the design standards are not
  915  reasonably compatible for the particular location of a small
  916  wireless facility or are technically infeasible or that the
  917  design standards impose an excessive expense. The waiver must be
  918  granted or denied within 45 days after the date of the request.
  919         (g) For any applications filed before the effective date of
  920  ordinances implementing this subsection, an authority may apply
  921  current ordinances relating to placement of communications
  922  facilities in the right-of-way related to registration,
  923  permitting, insurance coverage, indemnification, performance
  924  bonds, security funds, force majeure, abandonment, authority
  925  liability, or authority warranties. Permit application
  926  requirements and small wireless facility placement requirements,
  927  including utility pole height limits, that conflict with this
  928  subsection must shall be waived by the authority. An authority
  929  may not institute, either expressly or de facto, a moratorium,
  930  zoning-in-progress, or other mechanism that would prohibit or
  931  delay the filing, receiving, or processing of registrations,
  932  applications, or issuing of permits or other approvals for the
  933  collocation of small wireless facilities or the installation,
  934  modification, or replacement of utility poles used to support
  935  the collocation of small wireless facilities.
  936         (i) A wireless provider shall, in relation to a small
  937  wireless facility, utility pole, or wireless support structure
  938  in the public rights-of-way, comply with nondiscriminatory
  939  undergrounding requirements of an authority that prohibit above
  940  ground structures in public rights-of-way. Any such requirements
  941  may be waived by the authority.
  942         (8)(a)Any person aggrieved by a violation of this section
  943  may bring a civil action in a United States District Court or in
  944  any other court of competent jurisdiction.
  945         (b)The court may:
  946         1.Grant temporary or permanent injunctions on terms as it
  947  may deem reasonable to prevent or restrain violations of this
  948  section; and
  949         2.Direct the recovery of full costs, including awarding
  950  reasonable attorney fees, to the party who prevails.
  951         Section 3. This act shall take effect July 1, 2019.
  952  
  953  ================= T I T L E  A M E N D M E N T ================
  954  And the title is amended as follows:
  955         Delete everything before the enacting clause
  956  and insert:
  957                        A bill to be entitled                      
  958         An act relating to communications services; amending
  959         s. 202.20, F.S.; conforming a cross-reference;
  960         amending s. 337.401, F.S.; revising legislative
  961         intent; specifying limitations and prohibitions on
  962         municipalities and counties relating to registrations
  963         and renewals of communications services providers;
  964         authorizing municipalities and counties to require
  965         certain information as part of a permit application
  966         and to request certain updates from providers;
  967         prohibiting municipalities and counties from requiring
  968         a payment of fees, costs, or charges for provider
  969         registration or renewal; prohibiting municipalities
  970         and counties from adopting or enforcing certain
  971         ordinances, regulations, or requirements; specifying
  972         limitations on municipal and county authority to
  973         regulate and manage municipal and county roads or
  974         rights-of-way; prohibiting certain municipalities and
  975         counties from electing to impose permit fees;
  976         providing retroactive applicability; authorizing
  977         certain municipalities and counties to continue to
  978         require and collect such fees; deleting obsolete
  979         provisions; specifying activities for which permit
  980         fees may not be imposed; deleting certain provisions
  981         relating to municipality, charter county, and
  982         noncharter county elections to impose, or not to
  983         impose, permit fees; requiring that enforcement of
  984         certain ordinances must be suspended until certain
  985         conditions are met; revising legislative intent
  986         relating to the imposition of certain fees, costs, and
  987         exactions on providers; specifying a condition for
  988         certain in-kind compensation; specifying prohibited
  989         acts by municipalities and countries in the use of
  990         their authority over the placement of facilities for
  991         certain purposes; authorizing municipalities and
  992         counties to require a right-of-way permit for certain
  993         purposes; providing requirements for processing
  994         certain permit applications; prohibiting
  995         municipalities and counties from certain actions
  996         relating to certain aerial or underground
  997         communications facilities; specifying limitations and
  998         requirements for certain municipal and county rules
  999         and regulations; revising definitions under the
 1000         Advanced Wireless Infrastructure Deployment Act;
 1001         prohibiting certain actions by an authority relating
 1002         to certain utility poles; prohibiting authorities from
 1003         requiring permit applicants to provide certain
 1004         information, except under certain circumstances;
 1005         adding prohibited acts by authorities relating to
 1006         small wireless facilities, application requirements,
 1007         public notification and public meetings, and the
 1008         placement of certain facilities; revising
 1009         applicability of authority rules and regulations
 1010         governing the placement of utility poles in the public
 1011         rights-of-way; providing construction relating to
 1012         judicial review of certain application denials; adding
 1013         grounds for an authority’s denial of a proposed
 1014         collocation of a small wireless facility in the public
 1015         rights-of-way; deleting an authority’s authorization
 1016         to adopt ordinances for performance bonds and security
 1017         funds; authorizing an authority to require a
 1018         construction bond, subject to certain conditions;
 1019         requiring authorities to accept certain financial
 1020         instruments for certain financial obligations;
 1021         authorizing providers to add authorities to certain
 1022         financial instruments; prohibiting an authority from
 1023         requiring a provider to indemnify the authority for
 1024         certain liabilities; prohibiting an authority from
 1025         requiring a permit, approval, fees, charges, costs, or
 1026         exactions for certain activities; authorizing and
 1027         limiting filings the authority may require relating to
 1028         micro wireless facility equipment; providing an
 1029         exception to a provision authorizing an authority to
 1030         require a certain right-of-way permit; authorizing
 1031         authorities to require wireless providers to comply
 1032         with certain objective design standards adopted by
 1033         ordinance; authorizing the authority to waive such
 1034         design standards under certain circumstances;
 1035         providing a requirement for the waiver; revising an
 1036         authority’s authorization to apply certain ordinances
 1037         to applications filed before a certain timeframe;
 1038         prohibiting authorities from certain actions relating
 1039         to registrations, applications, permits, and approvals
 1040         in relation to small wireless facilities; deleting a
 1041         requirement for wireless providers to comply with
 1042         certain undergrounding requirements; authorizing a
 1043         civil action for violations; authorizing actions a
 1044         court may take; providing an effective date.