Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1000
       
       
       
       
       
       
                                Ì296256@Î296256                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/19/2019           .                                
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       The Committee on Appropriations (Hutson) recommended the
       following:
       
    1         Senate Substitute for Amendment (500128) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Paragraph (b) of subsection (2) of section
    7  202.20, Florida Statutes, is amended to read:
    8         202.20 Local communications services tax conversion rates.—
    9         (2)
   10         (b) Except as otherwise provided in this subsection,
   11  “replaced revenue sources,” as used in this section, means the
   12  following taxes, charges, fees, or other impositions to the
   13  extent that the respective local taxing jurisdictions were
   14  authorized to impose them prior to July 1, 2000.
   15         1. With respect to municipalities and charter counties and
   16  the taxes authorized by s. 202.19(1):
   17         a. The public service tax on telecommunications authorized
   18  by former s. 166.231(9).
   19         b. Franchise fees on cable service providers as authorized
   20  by 47 U.S.C. s. 542.
   21         c. The public service tax on prepaid calling arrangements.
   22         d. Franchise fees on dealers of communications services
   23  which use the public roads or rights-of-way, up to the limit set
   24  forth in s. 337.401. For purposes of calculating rates under
   25  this section, it is the legislative intent that charter counties
   26  be treated as having had the same authority as municipalities to
   27  impose franchise fees on recurring local telecommunication
   28  service revenues prior to July 1, 2000. However, the Legislature
   29  recognizes that the authority of charter counties to impose such
   30  fees is in dispute, and the treatment provided in this section
   31  is not an expression of legislative intent that charter counties
   32  actually do or do not possess such authority.
   33         e. Actual permit fees relating to placing or maintaining
   34  facilities in or on public roads or rights-of-way, collected
   35  from providers of long-distance, cable, and mobile
   36  communications services for the fiscal year ending September 30,
   37  1999; however, if a municipality or charter county elects the
   38  option to charge permit fees pursuant to s. 337.401(3)(c)
   39  337.401(3)(c)1.a., such fees shall not be included as a replaced
   40  revenue source.
   41         2. With respect to all other counties and the taxes
   42  authorized in s. 202.19(1), franchise fees on cable service
   43  providers as authorized by 47 U.S.C. s. 542.
   44         Section 2. Subsection (3), paragraphs (d), (e), and (f) of
   45  subsection (6), and paragraphs (b), (c), (d), (e), (f), (g), and
   46  (i) of subsection (7) of section 337.401, Florida Statutes, are
   47  amended, paragraph (r) is added to subsection (7), and
   48  subsections (8) and (9) are added to that section, to read:
   49         337.401 Use of right-of-way for utilities subject to
   50  regulation; permit; fees.—
   51         (3)(a) Because of the unique circumstances applicable to
   52  providers of communications services, including, but not limited
   53  to, the circumstances described in paragraph (e) and the fact
   54  that federal and state law require the nondiscriminatory
   55  treatment of providers of telecommunications services, and
   56  because of the desire to promote competition among providers of
   57  communications services, it is the intent of the Legislature
   58  that municipalities and counties treat providers of
   59  communications services in a nondiscriminatory and competitively
   60  neutral manner when imposing rules or regulations governing the
   61  placement or maintenance of communications facilities in the
   62  public roads or rights-of-way. Rules or regulations imposed by a
   63  municipality or county relating to providers of communications
   64  services placing or maintaining communications facilities in its
   65  roads or rights-of-way must be generally applicable to all
   66  providers of communications services, taking into account the
   67  distinct engineering, construction, operation, maintenance,
   68  public works, and safety requirements of the provider’s
   69  facilities, and, notwithstanding any other law, may not require
   70  a provider of communications services to apply for or enter into
   71  an individual license, franchise, or other agreement with the
   72  municipality or county as a condition of placing or maintaining
   73  communications facilities in its roads or rights-of-way. In
   74  addition to other reasonable rules or regulations that a
   75  municipality or county may adopt relating to the placement or
   76  maintenance of communications facilities in its roads or rights
   77  of-way under this subsection or subsection (7), a municipality
   78  or county may require a provider of communications services that
   79  places or seeks to place facilities in its roads or rights-of
   80  way to register with the municipality or county. To register, a
   81  provider of communications services may be required only to
   82  provide its name and to provide the name of the registrant; the
   83  name, address, and telephone number of a contact person for the
   84  registrant; the number of the registrant’s current certificate
   85  of authorization issued by the Florida Public Service
   86  Commission, the Federal Communications Commission, or the
   87  Department of State; a statement of whether the registrant is a
   88  pass-through provider as defined in s. 337.401(6)(a)1.; the
   89  registrant’s federal employer identification number; and any
   90  required proof of insurance or self-insuring status adequate to
   91  defend and cover claims. A municipality or county may not
   92  require a registrant to renew a registration more frequently
   93  than every 5 years but may require during this period that a
   94  registrant update the registration information provided under
   95  this subsection within 90 days after a change in such
   96  information. A municipality or county may not require the
   97  registrant to provide an inventory of communications facilities,
   98  maps, locations of such facilities, or other information by a
   99  registrant as a condition of registration, renewal, or for any
  100  other purpose; provided, however, that a municipality or county
  101  may require as part of a permit application that the applicant
  102  identify at-grade communications facilities within 50 feet of
  103  the proposed installation location for the placement of at-grade
  104  communications facilities. A municipality or county may not
  105  require a provider to pay any fee, cost, or other charge for
  106  registration or renewal thereof. It is the intent of the
  107  Legislature that the placement, operation, maintenance,
  108  upgrading, and extension of communications facilities not be
  109  unreasonably interrupted or delayed through the permitting or
  110  other local regulatory process. Except as provided in this
  111  chapter or otherwise expressly authorized by chapter 202,
  112  chapter 364, or chapter 610, a municipality or county may not
  113  adopt or enforce any ordinance, regulation, or requirement as to
  114  the placement or operation of communications facilities in a
  115  right-of-way by a communications services provider authorized by
  116  state or local law to operate in a right-of-way; regulate any
  117  communications services; or impose or collect any tax, fee,
  118  cost, charge, or exaction for the provision of communications
  119  services over the communications services provider’s
  120  communications facilities in a right-of-way.
  121         (b) Registration described in paragraph (a) does not
  122  establish a right to place or maintain, or priority for the
  123  placement or maintenance of, a communications facility in roads
  124  or rights-of-way of a municipality or county. Each municipality
  125  and county retains the authority to regulate and manage
  126  municipal and county roads or rights-of-way in exercising its
  127  police power, subject to the limitations imposed in this section
  128  and chapters 202 and 610. Any rules or regulations adopted by a
  129  municipality or county which govern the occupation of its roads
  130  or rights-of-way by providers of communications services must be
  131  related to the placement or maintenance of facilities in such
  132  roads or rights-of-way, must be reasonable and
  133  nondiscriminatory, and may include only those matters necessary
  134  to manage the roads or rights-of-way of the municipality or
  135  county.
  136         (c) Any municipality or county that, as of January 1, 2019,
  137  elected to require permit fees from any provider of
  138  communications services that uses or occupies municipal or
  139  county roads or rights-of-way pursuant to former paragraph (c)
  140  or paragraph (j), Florida Statutes 2018, may continue to require
  141  and collect such fees. A municipality or county that elected as
  142  of January 1, 2019, to require permit fees may elect to forego
  143  such fees as provided herein. A municipality or county that
  144  elected as of January 1, 2019, not to require permit fees may
  145  not elect to impose permit fees.
  146         1.It is the intention of the state to treat all providers
  147  of communications services that use or occupy municipal or
  148  charter county roads or rights-of-way for the provision of
  149  communications services in a nondiscriminatory and competitively
  150  neutral manner with respect to the payment of permit fees.
  151  Certain providers of communications services have been granted
  152  by general law the authority to offset permit fees against
  153  franchise or other fees while other providers of communications
  154  services have not been granted this authority. In order to treat
  155  all providers of communications services in a nondiscriminatory
  156  and competitively neutral manner with respect to the payment of
  157  permit fees, each municipality and charter county shall make an
  158  election under either sub-subparagraph a. or sub-subparagraph b.
  159  and must inform the Department of Revenue of the election by
  160  certified mail by July 16, 2001. Such election shall take effect
  161  October 1, 2001.
  162         a.(I)The municipality or charter county may require and
  163  collect permit fees from any providers of communications
  164  services that use or occupy municipal or county roads or rights
  165  of-way. All fees authorized permitted under this paragraph sub
  166  subparagraph must be reasonable and commensurate with the direct
  167  and actual cost of the regulatory activity, including issuing
  168  and processing permits, plan reviews, physical inspection, and
  169  direct administrative costs; must be demonstrable; and must be
  170  equitable among users of the roads or rights-of-way. A fee
  171  authorized permitted under this paragraph sub-subparagraph may
  172  not: be offset against the tax imposed under chapter 202;
  173  include the costs of roads or rights-of-way acquisition or roads
  174  or rights-of-way rental; include any general administrative,
  175  management, or maintenance costs of the roads or rights-of-way;
  176  or be based on a percentage of the value or costs associated
  177  with the work to be performed on the roads or rights-of-way. In
  178  an action to recover amounts due for a fee not authorized
  179  permitted under this paragraph sub-subparagraph, the prevailing
  180  party may recover court costs and attorney attorney’s fees at
  181  trial and on appeal. In addition to the limitations set forth in
  182  this section, a fee levied by a municipality or charter county
  183  under this paragraph sub-subparagraph may not exceed $100.
  184  However, permit fees may not be imposed with respect to permits
  185  that may be required for service drop lines not required to be
  186  noticed under s. 556.108(5) s. 556.108(5)(a)2. or for any
  187  activity that does not require the physical disturbance of the
  188  roads or rights-of-way or does not impair access to or full use
  189  of the roads or rights-of-way, including, but not limited to,
  190  the performance of service restoration work on existing
  191  facilities, extensions of such facilities for providing
  192  communications services to customers, and the placement of micro
  193  wireless facilities in accordance with subparagraph (7)(e)3.
  194         (II)To ensure competitive neutrality among providers of
  195  communications services, for any municipality or charter county
  196  that elects to exercise its authority to require and collect
  197  permit fees under this sub-subparagraph, the rate of the local
  198  communications services tax imposed by such jurisdiction, as
  199  computed under s. 202.20, shall automatically be reduced by a
  200  rate of 0.12 percent.
  201         b.Alternatively, the municipality or charter county may
  202  elect not to require and collect permit fees from any provider
  203  of communications services that uses or occupies municipal or
  204  charter county roads or rights-of-way for the provision of
  205  communications services; however, each municipality or charter
  206  county that elects to operate under this sub-subparagraph
  207  retains all authority to establish rules and regulations for
  208  providers of communications services to use or occupy roads or
  209  rights-of-way as provided in this section.
  210         1. If a municipality or charter county elects to not
  211  require permit fees operate under this sub-subparagraph, the
  212  total rate for the local communications services tax as computed
  213  under s. 202.20 for that municipality or charter county may be
  214  increased by ordinance or resolution by an amount not to exceed
  215  a rate of 0.12 percent. If a municipality or charter county
  216  elects to increase its rate effective October 1, 2001, the
  217  municipality or charter county shall inform the department of
  218  such increased rate by certified mail postmarked on or before
  219  July 16, 2001.
  220         c.A municipality or charter county that does not make an
  221  election as provided for in this subparagraph shall be presumed
  222  to have elected to operate under the provisions of sub
  223  subparagraph b.
  224         2.Each noncharter county shall make an election under
  225  either sub-subparagraph a. or sub-subparagraph b. and shall
  226  inform the Department of Revenue of the election by certified
  227  mail by July 16, 2001. Such election shall take effect October
  228  1, 2001.
  229         a.The noncharter county may elect to require and collect
  230  permit fees from any providers of communications services that
  231  use or occupy noncharter county roads or rights-of-way. All fees
  232  permitted under this sub-subparagraph must be reasonable and
  233  commensurate with the direct and actual cost of the regulatory
  234  activity, including issuing and processing permits, plan
  235  reviews, physical inspection, and direct administrative costs;
  236  must be demonstrable; and must be equitable among users of the
  237  roads or rights-of-way. A fee permitted under this sub
  238  subparagraph may not: be offset against the tax imposed under
  239  chapter 202; include the costs of roads or rights-of-way
  240  acquisition or roads or rights-of-way rental; include any
  241  general administrative, management, or maintenance costs of the
  242  roads or rights-of-way; or be based on a percentage of the value
  243  or costs associated with the work to be performed on the roads
  244  or rights-of-way. In an action to recover amounts due for a fee
  245  not permitted under this sub-subparagraph, the prevailing party
  246  may recover court costs and attorney’s fees at trial and on
  247  appeal. In addition to the limitations set forth in this
  248  section, a fee levied by a noncharter county under this sub
  249  subparagraph may not exceed $100. However, permit fees may not
  250  be imposed with respect to permits that may be required for
  251  service drop lines not required to be noticed under s.
  252  556.108(5)(a)2. or for any activity that does not require the
  253  physical disturbance of the roads or rights-of-way or does not
  254  impair access to or full use of the roads or rights-of-way.
  255         b.Alternatively, the noncharter county may elect not to
  256  require and collect permit fees from any provider of
  257  communications services that uses or occupies noncharter county
  258  roads or rights-of-way for the provision of communications
  259  services; however, each noncharter county that elects to operate
  260  under this sub-subparagraph shall retain all authority to
  261  establish rules and regulations for providers of communications
  262  services to use or occupy roads or rights-of-way as provided in
  263  this section.
  264         2. If a noncharter county elects to not require permit fees
  265  operate under this sub-subparagraph, the total rate for the
  266  local communications services tax as computed under s. 202.20
  267  for that noncharter county may be increased by ordinance or
  268  resolution by an amount not to exceed a rate of 0.24 percent, to
  269  replace the revenue the noncharter county would otherwise have
  270  received from permit fees for providers of communications
  271  services. If a noncharter county elects to increase its rate
  272  effective October 1, 2001, the noncharter county shall inform
  273  the department of such increased rate by certified mail
  274  postmarked on or before July 16, 2001.
  275         c.A noncharter county that does not make an election as
  276  provided for in this subparagraph shall be presumed to have
  277  elected to operate under the provisions of sub-subparagraph b.
  278         3.Except as provided in this paragraph, municipalities and
  279  counties retain all existing authority to require and collect
  280  permit fees from users or occupants of municipal or county roads
  281  or rights-of-way and to set appropriate permit fee amounts.
  282         (d) After January 1, 2001, In addition to any other notice
  283  requirements, a municipality must provide to the Secretary of
  284  State, at least 10 days prior to consideration on first reading,
  285  notice of a proposed ordinance governing a telecommunications
  286  company placing or maintaining telecommunications facilities in
  287  its roads or rights-of-way. After January 1, 2001, In addition
  288  to any other notice requirements, a county must provide to the
  289  Secretary of State, at least 15 days prior to consideration at a
  290  public hearing, notice of a proposed ordinance governing a
  291  telecommunications company placing or maintaining
  292  telecommunications facilities in its roads or rights-of-way. The
  293  notice required by this paragraph must be published by the
  294  Secretary of State on a designated Internet website. The failure
  295  of a municipality or county to provide such notice does not
  296  render the ordinance invalid, provided that enforcement of such
  297  ordinance must be suspended until 30 days after the municipality
  298  or county provides the required notice.
  299         (e) The authority of municipalities and counties to require
  300  franchise fees from providers of communications services, with
  301  respect to the provision of communications services, is
  302  specifically preempted by the state because of unique
  303  circumstances applicable to providers of communications services
  304  when compared to other utilities occupying municipal or county
  305  roads or rights-of-way. Providers of communications services may
  306  provide similar services in a manner that requires the placement
  307  of facilities in municipal or county roads or rights-of-way or
  308  in a manner that does not require the placement of facilities in
  309  such roads or rights-of-way. Although similar communications
  310  services may be provided by different means, the state desires
  311  to treat providers of communications services in a
  312  nondiscriminatory manner and to have the taxes, franchise fees,
  313  and other fees, costs, and financial or regulatory exactions
  314  paid by or imposed on providers of communications services be
  315  competitively neutral. Municipalities and counties retain all
  316  existing authority, if any, to collect franchise fees from users
  317  or occupants of municipal or county roads or rights-of-way other
  318  than providers of communications services, and the provisions of
  319  this subsection shall have no effect upon this authority. The
  320  provisions of this subsection do not restrict the authority, if
  321  any, of municipalities or counties or other governmental
  322  entities to receive reasonable rental fees based on fair market
  323  value for the use of public lands and buildings on property
  324  outside the public roads or rights-of-way for the placement of
  325  communications antennas and towers.
  326         (f) Except as expressly allowed or authorized by general
  327  law and except for the rights-of-way permit fees subject to
  328  paragraph (c), a municipality or county may not levy on a
  329  provider of communications services a tax, fee, or other charge
  330  or imposition for operating as a provider of communications
  331  services within the jurisdiction of the municipality or county
  332  which is in any way related to using its roads or rights-of-way.
  333  A municipality or county may not require or solicit in-kind
  334  compensation, except as otherwise provided in s. 202.24(2)(c)8.,
  335  provided that the in-kind compensation is not a franchise fee
  336  under federal law. Nothing in this paragraph impairs the
  337  authority of a municipality or county to request public,
  338  educational, or governmental access channels pursuant to or s.
  339  610.109. Nothing in this paragraph shall impair any ordinance or
  340  agreement in effect on May 22, 1998, or any voluntary agreement
  341  entered into subsequent to that date, which provides for or
  342  allows in-kind compensation by a telecommunications company.
  343         (g) A municipality or county may not use its authority over
  344  the placement of facilities in its roads and rights-of-way as a
  345  basis for asserting or exercising regulatory control over a
  346  provider of communications services regarding matters within the
  347  exclusive jurisdiction of the Florida Public Service Commission
  348  or the Federal Communications Commission, including, but not
  349  limited to, the operations, systems, equipment, technology,
  350  qualifications, services, service quality, service territory,
  351  and prices of a provider of communications services. A
  352  municipality or county may not require any permit for the
  353  maintenance, repair, replacement, extension, or upgrade of
  354  existing aerial wireline communications facilities on utility
  355  poles or for aerial wireline facilities between existing
  356  wireline communications facility attachments on utility poles by
  357  a communications services provider. However, a municipality or
  358  county may require a right-of-way permit for work that involves
  359  excavation, closure of a sidewalk, or closure of a vehicular
  360  lane or parking lane, unless the provider is performing service
  361  restoration to existing facilities. A permit application
  362  required by an authority under this section for the placement of
  363  communications facilities must be processed and acted upon
  364  consistent with the timeframes provided in subparagraphs
  365  (7)(d)7. 8, and 9. In addition, a municipality or county may not
  366  require any permit or other approval, fee, charge, or cost, or
  367  other exaction for the maintenance, repair, replacement,
  368  extension, or upgrade of existing aerial lines or underground
  369  communications facilities located on private property outside of
  370  the public rights-of-way. As used in this section, the term
  371  “extension of existing facilities” includes those extensions
  372  from the rights of way into a customer’s private property for
  373  purposes of placing a service drop or those extensions from the
  374  rights of way into a utility easement to provide service to a
  375  discrete identifiable customer or group of customers.
  376         (h) A provider of communications services that has obtained
  377  permission to occupy the roads or rights-of-way of an
  378  incorporated municipality pursuant to s. 362.01 or that is
  379  otherwise lawfully occupying the roads or rights-of-way of a
  380  municipality or county shall not be required to obtain consent
  381  to continue such lawful occupation of those roads or rights-of
  382  way; however, nothing in this paragraph shall be interpreted to
  383  limit the power of a municipality or county to adopt or enforce
  384  reasonable rules or regulations as provided in this section and
  385  consistent with chapters 202, 364, and 610. Any such rules or
  386  regulations must be in writing, and registered providers of
  387  communications services in the municipality or county must be
  388  given at least 60 days advance written notice of any changes to
  389  the rules and regulations.
  390         (i) Except as expressly provided in this section, this
  391  section does not modify the authority of municipalities and
  392  counties to levy the tax authorized in chapter 202 or the duties
  393  of providers of communications services under ss. 337.402
  394  337.404. This section does not apply to building permits, pole
  395  attachments, or private roads, private easements, and private
  396  rights-of-way.
  397         (j) Pursuant to this paragraph, any county or municipality
  398  may by ordinance change either its election made on or before
  399  July 16, 2001, under paragraph (c) or an election made under
  400  this paragraph.
  401         1.a.If a municipality or charter county changes its
  402  election under this paragraph in order to exercise its authority
  403  to require and collect permit fees in accordance with this
  404  subsection, the rate of the local communications services tax
  405  imposed by such jurisdiction pursuant to ss. 202.19 and 202.20
  406  shall automatically be reduced by the sum of 0.12 percent plus
  407  the percentage, if any, by which such rate was increased
  408  pursuant to sub-subparagraph (c)1.b.
  409         b.If a municipality or charter county changes its election
  410  under this paragraph in order to discontinue requiring and
  411  collecting permit fees, the rate of the local communications
  412  services tax imposed by such jurisdiction pursuant to ss. 202.19
  413  and 202.20 may be increased by ordinance or resolution by an
  414  amount not to exceed 0.24 percent.
  415         2.a.If a noncharter county changes its election under this
  416  paragraph in order to exercise its authority to require and
  417  collect permit fees in accordance with this subsection, the rate
  418  of the local communications services tax imposed by such
  419  jurisdiction pursuant to ss. 202.19 and 202.20 shall
  420  automatically be reduced by the percentage, if any, by which
  421  such rate was increased pursuant to sub-subparagraph (c)2.b.
  422         b.If a noncharter county changes its election under this
  423  paragraph in order to discontinue requiring and collecting
  424  permit fees, the rate of the local communications services tax
  425  imposed by such jurisdiction pursuant to ss. 202.19 and 202.20
  426  may be increased by ordinance or resolution by an amount not to
  427  exceed 0.24 percent.
  428         3.a.Any change of election pursuant to this paragraph and
  429  any tax rate change resulting from such change of election shall
  430  be subject to the notice requirements of s. 202.21; however, no
  431  such change of election shall become effective prior to January
  432  1, 2003.
  433         b.Any county or municipality changing its election under
  434  this paragraph in order to exercise its authority to require and
  435  collect permit fees shall, in addition to complying with the
  436  notice requirements under s. 202.21, provide to all dealers
  437  providing communications services in such jurisdiction written
  438  notice of such change of election by September 1 immediately
  439  preceding the January 1 on which such change of election becomes
  440  effective. For purposes of this sub-subparagraph, dealers
  441  providing communications services in such jurisdiction shall
  442  include every dealer reporting tax to such jurisdiction pursuant
  443  to s. 202.37 on the return required under s. 202.27 to be filed
  444  on or before the 20th day of May immediately preceding the
  445  January 1 on which such change of election becomes effective.
  446         (k) Notwithstanding the provisions of s. 202.19, when a
  447  local communications services tax rate is changed as a result of
  448  an election made or changed under this subsection, such rate may
  449  shall not be rounded to tenths.
  450         (6)
  451         (d) The amounts charged pursuant to this subsection shall
  452  be based on the linear miles of roads or rights-of-way where a
  453  communications facility is placed, not based on a summation of
  454  the lengths of individual cables, conduits, strands, or fibers.
  455  The amounts referenced in this subsection may be charged only
  456  once annually and only to one person annually for any
  457  communications facility. A municipality or county shall
  458  discontinue charging such amounts to a person that has ceased to
  459  be a pass-through provider. Any annual amounts charged shall be
  460  reduced for a prorated portion of any 12-month period during
  461  which the person remits taxes imposed by the municipality or
  462  county pursuant to chapter 202. Any excess amounts paid to a
  463  municipality or county shall be refunded to the person upon
  464  written notice of the excess to the municipality or county. A
  465  municipality or county may require a pass-through provider to
  466  provide an annual notarized statement identifying the total
  467  number of linear miles of pass-through facilities in the
  468  municipality’s or county’s rights-of-way. Upon request from a
  469  municipality or county, a pass-through provider must provide
  470  reasonable access to maps of pass-through facilities located in
  471  the rights-of-way of the municipality or county making the
  472  request. The scope of the request must be limited to only those
  473  maps of pass-through facilities from which the calculation of
  474  the linear miles of pass-through facilities in the rights-of-way
  475  can be determined. The request must be accompanied by an
  476  affidavit that the person making the request is authorized by
  477  the municipality or county to review tax information related to
  478  the revenue and mileage calculations for pass-through providers.
  479  A request may not be made more than once annually to a pass
  480  through provider.
  481         (e) This subsection does not alter any provision of this
  482  section or s. 202.24 relating to taxes, fees, or other charges
  483  or impositions by a municipality or county on a dealer of
  484  communications services or authorize that any charges be
  485  assessed on a dealer of communications services, except as
  486  specifically set forth herein. A municipality or county may not
  487  charge a pass-through provider any amounts other than the
  488  charges under this subsection as a condition to the placement or
  489  maintenance of a communications facility in the roads or rights
  490  of-way of a municipality or county by a pass-through provider,
  491  except that a municipality or county may impose permit fees on a
  492  pass-through provider consistent with paragraph (3)(c) if the
  493  municipality or county elects to exercise its authority to
  494  collect permit fees under paragraph (3)(c).
  495         (f) The charges under this subsection do not apply to
  496  communications facilities placed in a municipality’s or county’s
  497  rights-of-way prior to the effective date of this subsection
  498  with permission from the municipality or county, if any was
  499  required, except to the extent the facilities of a pass-through
  500  provider were subject to per linear foot or mile charges in
  501  effect as of October 1, 2001, in which case the municipality or
  502  county may only impose on a pass-through provider charges
  503  consistent with paragraph (b) or paragraph (c) for such
  504  facilities. Notwithstanding the foregoing, this subsection does
  505  not impair any written agreement between a pass-through provider
  506  and a municipality or county imposing per linear foot or mile
  507  charges for communications facilities placed in municipal or
  508  county roads or rights-of-way that is in effect prior to the
  509  effective date of this subsection. Upon the termination or
  510  expiration of any such written agreement, any charges imposed
  511  must shall be consistent with this section paragraph (b) or
  512  paragraph (c). Notwithstanding the foregoing, until October 1,
  513  2005, this subsection shall not affect a municipality or county
  514  continuing to impose charges in excess of the charges authorized
  515  in this subsection on facilities of a pass-through provider that
  516  is not a dealer of communications services in the state under
  517  chapter 202, but only to the extent such charges were imposed by
  518  municipal or county ordinance or resolution adopted prior to
  519  February 1, 2002. Effective October 1, 2005, any charges imposed
  520  shall be consistent with paragraph (b) or paragraph (c).
  521         (7)
  522         (b) As used in this subsection, the term:
  523         1. “Antenna” means communications equipment that transmits
  524  or receives electromagnetic radio frequency signals used in
  525  providing wireless services.
  526         2. “Applicable codes” means uniform building, fire,
  527  electrical, plumbing, or mechanical codes adopted by a
  528  recognized national code organization or local amendments to
  529  those codes enacted solely to address threats of destruction of
  530  property or injury to persons, and includes the National
  531  Electric Safety Code and the 2017 edition of the Florida
  532  Department of Transportation Utility Accommodation Manual or
  533  local codes or ordinances adopted to implement this subsection.
  534  The term includes objective design standards adopted by
  535  ordinance that may require a new utility pole that replaces an
  536  existing utility pole to be of substantially similar design,
  537  material, and color or that may require reasonable spacing
  538  requirements concerning the location of ground-mounted
  539  equipment. The term includes objective design standards adopted
  540  by ordinance that may require a small wireless facility to meet
  541  reasonable location context, color, stealth, and concealment
  542  requirements; however, such design standards may be waived by
  543  the authority upon a showing that the design standards are not
  544  reasonably compatible for the particular location of a small
  545  wireless facility or that the design standards impose an
  546  excessive expense. The waiver shall be granted or denied within
  547  45 days after the date of the request.
  548         3. “Applicant” means a person who submits an application
  549  and is a wireless provider.
  550         4. “Application” means a request submitted by an applicant
  551  to an authority for a permit to collocate small wireless
  552  facilities or to place a new utility pole used to support a
  553  small wireless facility.
  554         5. “Authority” means a county or municipality having
  555  jurisdiction and control of the rights-of-way of any public
  556  road. The term does not include the Department of
  557  Transportation. Rights-of-way under the jurisdiction and control
  558  of the department are excluded from this subsection.
  559         6. “Authority utility pole” means a utility pole owned by
  560  an authority in the right-of-way. The term does not include a
  561  utility pole owned by a municipal electric utility, a utility
  562  pole used to support municipally owned or operated electric
  563  distribution facilities, or a utility pole located in the right
  564  of-way within:
  565         a. A retirement community that:
  566         (I) Is deed restricted as housing for older persons as
  567  defined in s. 760.29(4)(b);
  568         (II) Has more than 5,000 residents; and
  569         (III) Has underground utilities for electric transmission
  570  or distribution.
  571         b. A municipality that:
  572         (I) Is located on a coastal barrier island as defined in s.
  573  161.053(1)(b)3.;
  574         (II) Has a land area of less than 5 square miles;
  575         (III) Has less than 10,000 residents; and
  576         (IV) Has, before July 1, 2017, received referendum approval
  577  to issue debt to finance municipal-wide undergrounding of its
  578  utilities for electric transmission or distribution.
  579         7. “Collocate” or “collocation” means to install, mount,
  580  maintain, modify, operate, or replace one or more wireless
  581  facilities on, under, within, or adjacent to a wireless support
  582  structure or utility pole. The term does not include the
  583  installation of a new utility pole or wireless support structure
  584  in the public rights-of-way.
  585         8. “FCC” means the Federal Communications Commission.
  586         9. “Micro wireless facility” means a small wireless
  587  facility having dimensions no larger than 24 inches in length,
  588  15 inches in width, and 12 inches in height and an exterior
  589  antenna, if any, no longer than 11 inches.
  590         10. “Small wireless facility” means a wireless facility
  591  that meets the following qualifications:
  592         a. Each antenna associated with the facility is located
  593  inside an enclosure of no more than 6 cubic feet in volume or,
  594  in the case of antennas that have exposed elements, each antenna
  595  and all of its exposed elements could fit within an enclosure of
  596  no more than 6 cubic feet in volume; and
  597         b. All other wireless equipment associated with the
  598  facility is cumulatively no more than 28 cubic feet in volume.
  599  The following types of associated ancillary equipment are not
  600  included in the calculation of equipment volume: electric
  601  meters, concealment elements, telecommunications demarcation
  602  boxes, ground-based enclosures, grounding equipment, power
  603  transfer switches, cutoff switches, vertical cable runs for the
  604  connection of power and other services, and utility poles or
  605  other support structures.
  606         11. “Utility pole” means a pole or similar structure that
  607  is used in whole or in part to provide communications services
  608  or for electric distribution, lighting, traffic control,
  609  signage, or a similar function. The term includes the vertical
  610  support structure for traffic lights but does not include a
  611  horizontal structure to which signal lights or other traffic
  612  control devices are attached and does not include a pole or
  613  similar structure 15 feet in height or less unless an authority
  614  grants a waiver for such pole.
  615         12. “Wireless facility” means equipment at a fixed location
  616  which enables wireless communications between user equipment and
  617  a communications network, including radio transceivers,
  618  antennas, wires, coaxial or fiber-optic cable or other cables,
  619  regular and backup power supplies, and comparable equipment,
  620  regardless of technological configuration, and equipment
  621  associated with wireless communications. The term includes small
  622  wireless facilities. The term does not include:
  623         a. The structure or improvements on, under, within, or
  624  adjacent to the structure on which the equipment is collocated;
  625         b. Wireline backhaul facilities; or
  626         c. Coaxial or fiber-optic cable that is between wireless
  627  structures or utility poles or that is otherwise not immediately
  628  adjacent to or directly associated with a particular antenna.
  629         13. “Wireless infrastructure provider” means a person who
  630  has been certificated under chapter 364 to provide
  631  telecommunications service in the state or under chapter 610 to
  632  provide cable or video services in this state, or that person’s
  633  affiliate, and who builds or installs wireless communication
  634  transmission equipment, wireless facilities, or wireless support
  635  structures but is not a wireless services provider.
  636         14. “Wireless provider” means a wireless infrastructure
  637  provider or a wireless services provider.
  638         15. “Wireless services” means any services provided using
  639  licensed or unlicensed spectrum, whether at a fixed location or
  640  mobile, using wireless facilities.
  641         16. “Wireless services provider” means a person who
  642  provides wireless services.
  643         17. “Wireless support structure” means a freestanding
  644  structure, such as a monopole, a guyed or self-supporting tower,
  645  or another existing or proposed structure designed to support or
  646  capable of supporting wireless facilities. The term does not
  647  include a utility pole, pedestal, or other support structure for
  648  ground-based equipment not mounted on a utility pole and less
  649  than 5 feet in height.
  650         (c) Except as provided in this subsection, an authority may
  651  not prohibit, regulate, or charge for the collocation of small
  652  wireless facilities in the public rights-of-way or for the
  653  installation, maintenance, modification, operation, or
  654  replacement of utility poles used for the collocation of small
  655  wireless facilities in the public rights-of-way.
  656         (d) An authority may require a registration process and
  657  permit fees in accordance with subsection (3). An authority
  658  shall accept applications for permits and shall process and
  659  issue permits subject to the following requirements:
  660         1. An authority may not directly or indirectly require an
  661  applicant to perform services unrelated to the collocation for
  662  which approval is sought, such as in-kind contributions to the
  663  authority, including reserving fiber, conduit, or pole space for
  664  the authority.
  665         2. An applicant may not be required to provide more
  666  information to obtain a permit than is necessary to demonstrate
  667  the applicant’s compliance with applicable codes for the
  668  placement of small wireless facilities in the locations
  669  identified in the application. An applicant may not be required
  670  to provide inventories, maps, or locations of communications
  671  facilities in the right-of-way other than as necessary to avoid
  672  interference with other at-grade or aerial facilities located at
  673  the specific location proposed for a small wireless facility or
  674  within 50 feet of such location.
  675         3. An authority may not:
  676         a. Require the placement of small wireless facilities on
  677  any specific utility pole or category of poles; or
  678         b. Require the placement of multiple antenna systems on a
  679  single utility pole;
  680         c.Require a demonstration that collocation of a small
  681  wireless facility on an existing structure is not legally or
  682  technically possible as a condition for granting a permit for
  683  the collocation of a small wireless facility on a new utility
  684  pole except as provided in paragraph (i);
  685         d.Require compliance with an authority’s provisions
  686  regarding placement of small wireless facilities or a new
  687  utility pole used to support a small wireless facility in
  688  rights-of-way under the control of the department unless the
  689  authority has received a delegation from the department for the
  690  location of the small wireless facility or utility pole, or
  691  require such compliance as a condition to receive a permit that
  692  is ancillary to the permit for collocation of a small wireless
  693  facility, including an electrical permit;
  694         e.Require a meeting before filing an application;
  695         f.Require direct or indirect public notification or a
  696  public meeting for the placement of communication facilities in
  697  the right-of-way;
  698         g.Limit the size or configuration of a small wireless
  699  facility or any of its components, if the small wireless
  700  facility complies with the size limits in this subsection;
  701         h.Prohibit the installation of a new utility pole used to
  702  support the collocation of a small wireless facility if the
  703  installation otherwise meets the requirements of this
  704  subsection; or
  705         i.Require that any component of a small wireless facility
  706  be placed underground except as provided in paragraph (i).
  707         4. Subject to paragraph (r), an authority may not limit the
  708  placement, by minimum separation distances, of small wireless
  709  facilities, utility poles on which small wireless facilities are
  710  or will be collocated, or other at-grade communications
  711  facilities by minimum separation distances. However, within 14
  712  days after the date of filing the application, an authority may
  713  request that the proposed location of a small wireless facility
  714  be moved to another location in the right-of-way and placed on
  715  an alternative authority utility pole or support structure or
  716  placed on may place a new utility pole. The authority and the
  717  applicant may negotiate the alternative location, including any
  718  objective design standards and reasonable spacing requirements
  719  for ground-based equipment, for 30 days after the date of the
  720  request. At the conclusion of the negotiation period, if the
  721  alternative location is accepted by the applicant, the applicant
  722  must notify the authority of such acceptance and the application
  723  shall be deemed granted for any new location for which there is
  724  agreement and all other locations in the application. If an
  725  agreement is not reached, the applicant must notify the
  726  authority of such nonagreement and the authority must grant or
  727  deny the original application within 90 days after the date the
  728  application was filed. A request for an alternative location, an
  729  acceptance of an alternative location, or a rejection of an
  730  alternative location must be in writing and provided by
  731  electronic mail.
  732         5. An authority shall limit the height of a small wireless
  733  facility to 10 feet above the utility pole or structure upon
  734  which the small wireless facility is to be collocated. Unless
  735  waived by an authority, the height for a new utility pole is
  736  limited to the tallest existing utility pole as of July 1, 2017,
  737  located in the same right-of-way, other than a utility pole for
  738  which a waiver has previously been granted, measured from grade
  739  in place within 500 feet of the proposed location of the small
  740  wireless facility. If there is no utility pole within 500 feet,
  741  the authority shall limit the height of the utility pole to 50
  742  feet.
  743         6. Except as provided in subparagraphs 4. and 5., The
  744  installation by a communications services provider of a utility
  745  pole in the public rights-of-way, other than a utility pole used
  746  designed to support a small wireless facility, is shall be
  747  subject to authority rules or regulations governing the
  748  placement of utility poles in the public rights-of-way andshall
  749  be subject to the application review timeframes in this
  750  subsection.
  751         7. Within 14 days after receiving an application, an
  752  authority must determine and notify the applicant by electronic
  753  mail as to whether the application is complete. If an
  754  application is deemed incomplete, the authority must
  755  specifically identify the missing information. An application is
  756  deemed complete if the authority fails to provide notification
  757  to the applicant within 14 days.
  758         8. An application must be processed on a nondiscriminatory
  759  basis. A complete application is deemed approved if an authority
  760  fails to approve or deny the application within 60 days after
  761  receipt of the application. If an authority does not use the 30
  762  day negotiation period provided in subparagraph 4., the parties
  763  may mutually agree to extend the 60-day application review
  764  period. The authority shall grant or deny the application at the
  765  end of the extended period. A permit issued pursuant to an
  766  approved application shall remain effective for 1 year unless
  767  extended by the authority.
  768         9. An authority must notify the applicant of approval or
  769  denial by electronic mail. An authority shall approve a complete
  770  application unless it does not meet the authority’s applicable
  771  codes. If the application is denied, the authority must specify
  772  in writing the basis for denial, including the specific code
  773  provisions on which the denial was based, and send the
  774  documentation to the applicant by electronic mail on the day the
  775  authority denies the application. The applicant may cure the
  776  deficiencies identified by the authority and resubmit the
  777  application within 30 days after notice of the denial is sent to
  778  the applicant. The authority shall approve or deny the revised
  779  application within 30 days after receipt or the application is
  780  deemed approved. The review of a revised application is Any
  781  subsequent review shall be limited to the deficiencies cited in
  782  the denial. If an authority provides for administrative review
  783  of the denial of an application, the review must be complete and
  784  a written decision issued within 45 days after a written request
  785  for review is made. A denial must identify the specific code
  786  provisions on which the denial is based. If the administrative
  787  review is not complete within 45 days, the authority waives any
  788  claim regarding failure to exhaust administrative remedies in
  789  any judicial review of the denial of an application.
  790         10. An applicant seeking to collocate small wireless
  791  facilities within the jurisdiction of a single authority may, at
  792  the applicant’s discretion, file a consolidated application and
  793  receive a single permit for the collocation of up to 30 small
  794  wireless facilities. If the application includes multiple small
  795  wireless facilities, an authority may separately address small
  796  wireless facility collocations for which incomplete information
  797  has been received or which are denied.
  798         11. An authority may deny an application to collocate a
  799  proposed collocation of a small wireless facility or place a
  800  utility pole used to support a small wireless facility in the
  801  public rights-of-way if the proposed small wireless facility or
  802  utility pole used to support a small wireless facility
  803  collocation:
  804         a. Materially interferes with the safe operation of traffic
  805  control equipment.
  806         b. Materially interferes with sight lines or clear zones
  807  for transportation, pedestrians, or public safety purposes.
  808         c. Materially interferes with compliance with the Americans
  809  with Disabilities Act or similar federal or state standards
  810  regarding pedestrian access or movement.
  811         d. Materially fails to comply with the 2017 2010 edition of
  812  the Florida Department of Transportation Utility Accommodation
  813  Manual.
  814         e. Fails to comply with applicable codes.
  815         f.Fails to comply with objective design standards
  816  authorized under paragraph (r).
  817         12. An authority may adopt by ordinance provisions for
  818  insurance coverage, indemnification, performance bonds, security
  819  funds, force majeure, abandonment, authority liability, or
  820  authority warranties. Such provisions must be reasonable and
  821  nondiscriminatory. An authority may require a construction bond
  822  to secure restoration of the postconstruction rights-of-way to
  823  the preconstruction condition. However, such bond must be time
  824  limited to not more than 18 months after the construction to
  825  which the bond applies is completed. For any financial
  826  obligation required by an authority allowed under this section,
  827  the authority shall accept a letter of credit or similar
  828  financial instrument issued by any financial institution that is
  829  authorized to do business within the United States, provided
  830  that a claim against the financial instrument may be made by
  831  electronic means, including by facsimile. A provider of
  832  communications services may add an authority to any existing
  833  bond, insurance policy, or other relevant financial instrument,
  834  and the authority must accept such proof of coverage without any
  835  conditions other than consent to venue for purposes of any
  836  litigation to which the authority is a party. An authority may
  837  not require a communications services provider to indemnify it
  838  for liabilities not caused by the provider, including
  839  liabilities arising from the authority’s negligence, gross
  840  negligence, or willful conduct.
  841         13. Collocation of a small wireless facility on an
  842  authority utility pole does not provide the basis for the
  843  imposition of an ad valorem tax on the authority utility pole.
  844         14. An authority may reserve space on authority utility
  845  poles for future public safety uses. However, a reservation of
  846  space may not preclude collocation of a small wireless facility.
  847  If replacement of the authority utility pole is necessary to
  848  accommodate the collocation of the small wireless facility and
  849  the future public safety use, the pole replacement is subject to
  850  make-ready provisions and the replaced pole shall accommodate
  851  the future public safety use.
  852         15. A structure granted a permit and installed pursuant to
  853  this subsection shall comply with chapter 333 and federal
  854  regulations pertaining to airport airspace protections.
  855         (e) An authority may not require any permit or other
  856  approval or require fees, or other charges, costs, or other
  857  exactions for:
  858         1. Routine maintenance, the performance of service
  859  restoration work on existing facilities, or repair work,
  860  including, but not limited to, emergency repairs of existing
  861  facilities or extensions of such facilities for providing
  862  communications services to customers;
  863         2. Replacement of existing wireless facilities with
  864  wireless facilities that are substantially similar or of the
  865  same or smaller size; or
  866         3. Installation, placement, maintenance, or replacement of
  867  micro wireless facilities that are suspended on cables strung
  868  between existing utility poles in compliance with applicable
  869  codes by or for a communications services provider authorized to
  870  occupy the rights-of-way and who is remitting taxes under
  871  chapter 202. An authority may require an initial letter from or
  872  on behalf of such provider, which is effective upon filing,
  873  attesting that the micro wireless facility dimensions comply
  874  with the limits of this subsection. The authority may not
  875  require any additional filing or other information as long as
  876  the provider is deploying the same, a substantially similar, or
  877  a smaller size micro wireless facility equipment.
  878  
  879  Notwithstanding this paragraph, an authority may require a
  880  right-of-way permit for work that involves excavation, closure
  881  of a sidewalk, or closure of a vehicular lane or parking lane,
  882  unless the provider is performing service restoration on an
  883  existing facility and the work is done in compliance with the
  884  2017 edition of the Florida Department of Transportation Utility
  885  Accommodation Manual. An authority may require notice of such
  886  work within 30 days after restoration and may require an after
  887  the-fact permit for work which would otherwise have required a
  888  permit.
  889         (f) Collocation of small wireless facilities on authority
  890  utility poles is subject to the following requirements:
  891         1. An authority may not enter into an exclusive arrangement
  892  with any person for the right to attach equipment to authority
  893  utility poles.
  894         2. The rates and fees for collocations on authority utility
  895  poles must be nondiscriminatory, regardless of the services
  896  provided by the collocating person.
  897         3. The rate to collocate small wireless facilities on an
  898  authority utility pole may not exceed $150 per pole annually.
  899         4. Agreements between authorities and wireless providers
  900  that are in effect on July 1, 2017, and that relate to the
  901  collocation of small wireless facilities in the right-of-way,
  902  including the collocation of small wireless facilities on
  903  authority utility poles, remain in effect, subject to applicable
  904  termination provisions. The wireless provider may accept the
  905  rates, fees, and terms established under this subsection for
  906  small wireless facilities and utility poles that are the subject
  907  of an application submitted after the rates, fees, and terms
  908  become effective.
  909         5. A person owning or controlling an authority utility pole
  910  shall offer rates, fees, and other terms that comply with this
  911  subsection. By the later of January 1, 2018, or 3 months after
  912  receiving a request to collocate its first small wireless
  913  facility on a utility pole owned or controlled by an authority,
  914  the person owning or controlling the authority utility pole
  915  shall make available, through ordinance or otherwise, rates,
  916  fees, and terms for the collocation of small wireless facilities
  917  on the authority utility pole which comply with this subsection.
  918         a. The rates, fees, and terms must be nondiscriminatory and
  919  competitively neutral and must comply with this subsection.
  920         b. For an authority utility pole that supports an aerial
  921  facility used to provide communications services or electric
  922  service, the parties shall comply with the process for make
  923  ready work under 47 U.S.C. s. 224 and implementing regulations.
  924  The good faith estimate of the person owning or controlling the
  925  pole for any make-ready work necessary to enable the pole to
  926  support the requested collocation must include pole replacement
  927  if necessary.
  928         c. For an authority utility pole that does not support an
  929  aerial facility used to provide communications services or
  930  electric service, the authority shall provide a good faith
  931  estimate for any make-ready work necessary to enable the pole to
  932  support the requested collocation, including necessary pole
  933  replacement, within 60 days after receipt of a complete
  934  application. Make-ready work, including any pole replacement,
  935  must be completed within 60 days after written acceptance of the
  936  good faith estimate by the applicant. Alternatively, an
  937  authority may require the applicant seeking to collocate a small
  938  wireless facility to provide a make-ready estimate at the
  939  applicant’s expense for the work necessary to support the small
  940  wireless facility, including pole replacement, and perform the
  941  make-ready work. If pole replacement is required, the scope of
  942  the make-ready estimate is limited to the design, fabrication,
  943  and installation of a utility pole that is substantially similar
  944  in color and composition. The authority may not condition or
  945  restrict the manner in which the applicant obtains, develops, or
  946  provides the estimate or conducts the make-ready work subject to
  947  usual construction restoration standards for work in the right
  948  of-way. The replaced or altered utility pole shall remain the
  949  property of the authority.
  950         d. An authority may not require more make-ready work than
  951  is required to meet applicable codes or industry standards. Fees
  952  for make-ready work may not include costs related to preexisting
  953  damage or prior noncompliance. Fees for make-ready work,
  954  including any pole replacement, may not exceed actual costs or
  955  the amount charged to communications services providers other
  956  than wireless services providers for similar work and may not
  957  include any consultant fee or expense.
  958         (g) For any applications filed before the effective date of
  959  ordinances implementing this subsection, an authority may apply
  960  current ordinances relating to placement of communications
  961  facilities in the right-of-way related to registration,
  962  permitting, insurance coverage, indemnification, performance
  963  bonds, security funds, force majeure, abandonment, authority
  964  liability, or authority warranties. Permit application
  965  requirements and small wireless facility placement requirements,
  966  including utility pole height limits, that conflict with this
  967  subsection must shall be waived by the authority. An authority
  968  may not institute, either expressly or de facto, a moratorium,
  969  zoning-in-progress, or other mechanism that would prohibit or
  970  delay the filing, receiving, or processing of registrations,
  971  applications, or issuing of permits or other approvals for the
  972  collocation of small wireless facilities or the installation,
  973  modification, or replacement of utility poles used to support
  974  the collocation of small wireless facilities.
  975         (i)1.In an area where an authority has required all public
  976  utility lines in the rights-of-way to be placed underground, a
  977  wireless provider must comply with written, objective,
  978  reasonable, and nondiscriminatory requirements that prohibit new
  979  utility poles used to support small wireless facilities if:
  980         a.The authority, at least 90 days prior to the submission
  981  of an application, has required all public utility lines to be
  982  placed underground;
  983         b.Structures that the authority allows to remain above
  984  ground are reasonably available to wireless providers for the
  985  collocation of small wireless facilities and may be replaced by
  986  a wireless provider to accommodate the collocation of small
  987  wireless facilities; and
  988         c.A wireless provider may install a new utility pole in
  989  the designated area in the right-of-way that otherwise complies
  990  with this subsection and it is not reasonably able to provide
  991  wireless service by collocating on a remaining utility pole or
  992  other structure in the right-of-way.
  993         2.For small wireless facilities installed before an
  994  authority adopts requirements that public utility lines be
  995  placed underground, an authority adopting such requirements
  996  must:
  997         a.Allow a wireless provider to maintain the small wireless
  998  facilities in place subject to any applicable pole attachment
  999  agreement with the pole owner; or
 1000         b.Allow the wireless provider to replace the associated
 1001  pole within 50 feet of the prior location in accordance with
 1002  paragraph (r). A wireless provider shall, in relation to a small
 1003  wireless facility, utility pole, or wireless support structure
 1004  in the public rights-of-way, comply with nondiscriminatory
 1005  undergrounding requirements of an authority that prohibit above
 1006  ground structures in public rights-of-way. Any such requirements
 1007  may be waived by the authority.
 1008         (r)An authority may require wireless providers to comply
 1009  with objective design standards adopted by ordinance. The
 1010  ordinance may only require:
 1011         1.A new utility pole that replaces an existing utility
 1012  pole to be of substantially similar design, material, and color;
 1013         2.Reasonable spacing requirements concerning the location
 1014  of a ground-mounted component of a small wireless facility which
 1015  does not exceed 15 feet from the associated support structure;
 1016  or
 1017         3.A small wireless facility to meet reasonable location
 1018  context, color, camouflage, and concealment requirements,
 1019  subject to the limitations in this subsection; and
 1020         4.A new utility pole used to support a small wireless
 1021  facility to meet reasonable location context, color, and
 1022  material of the predominant utility pole type at the proposed
 1023  location of the new utility pole.
 1024  
 1025  Such design standards under this paragraph may be waived by the
 1026  authority upon a showing that the design standards are not
 1027  reasonably compatible for the particular location of a small
 1028  wireless facility or utility pole or are technically infeasible
 1029  or that the design standards impose an excessive expense. The
 1030  waiver must be granted or denied within 45 days after the date
 1031  of the request.
 1032         (8)(a)Any person aggrieved by a violation of this section
 1033  may bring a civil action in a United States District Court or in
 1034  any other court of competent jurisdiction.
 1035         (b)The court may:
 1036         1.Grant temporary or permanent injunctions on terms as it
 1037  may deem reasonable to prevent or restrain violations of this
 1038  section; and
 1039         2.Direct the recovery of full costs, including awarding
 1040  reasonable attorney fees, to the party who prevails.
 1041         (9)All work in the authority’s rights-of-way under this
 1042  section must comply with the 2017 edition of the Florida
 1043  Department of Transportation Utility Accommodation Manual.
 1044         Section 3. Nothing in this act shall be construed to delay
 1045  the issuance of permits for other utility work, including, but
 1046  not limited to, permits related to electricity or gas work in
 1047  the rights-of-way.
 1048         Section 4. This act shall take effect July 1, 2019.
 1049  
 1050  ================= T I T L E  A M E N D M E N T ================
 1051  And the title is amended as follows:
 1052         Delete everything before the enacting clause
 1053  and insert:
 1054                        A bill to be entitled                      
 1055         An act relating to communications services; amending
 1056         s. 202.20, F.S.; conforming a cross-reference;
 1057         amending s. 337.401, F.S.; revising legislative
 1058         intent; specifying limitations and prohibitions on
 1059         municipalities and counties relating to registrations
 1060         and renewals of communications service providers;
 1061         authorizing municipalities and counties to require
 1062         certain information as part of a registration;
 1063         prohibiting municipalities and counties from requiring
 1064         a payment of fees, costs, or charges for provider
 1065         registration or renewal; prohibiting municipalities
 1066         and counties from adopting or enforcing certain
 1067         ordinances, regulations, or requirements; specifying
 1068         limitations on municipal and county authority to
 1069         regulate and manage municipal and county roads or
 1070         rights-of-way; prohibiting certain municipalities and
 1071         counties from electing to impose permit fees;
 1072         providing retroactive applicability; authorizing
 1073         certain municipalities and counties to continue to
 1074         require and collect such fees; deleting obsolete
 1075         provisions; specifying activities for which permit
 1076         fees may not be imposed; deleting certain provisions
 1077         relating to municipality, charter county, and
 1078         noncharter county elections to impose, or not to
 1079         impose, permit fees; requiring that enforcement of
 1080         certain ordinances must be suspended until certain
 1081         conditions are met; revising legislative intent
 1082         relating to the imposition of certain fees, costs, and
 1083         exactions on providers; specifying a condition for
 1084         certain in-kind compensation; revising items over
 1085         which municipalities and counties may not exercise
 1086         regulatory control; authorizing municipalities and
 1087         counties to require a right-of-way permit for certain
 1088         purposes; providing requirements for processing
 1089         certain permit applications; prohibiting
 1090         municipalities and counties from certain actions
 1091         relating to certain aerial or underground
 1092         communications facilities; specifying limitations and
 1093         requirements for certain municipal and county rules
 1094         and regulations; revising definitions for the Advanced
 1095         Wireless Infrastructure Deployment Act; prohibiting
 1096         certain actions by an authority relating to certain
 1097         utility poles; prohibiting authorities from requiring
 1098         permit applicants to provide certain information,
 1099         except under certain circumstances; adding prohibited
 1100         acts by authorities relating to small wireless
 1101         facilities, application requirements, public
 1102         notification and public meetings, and the placement of
 1103         certain facilities; revising applicability of
 1104         authority rules and regulations governing the
 1105         placement of utility poles in the public rights-of
 1106         way; providing construction relating to judicial
 1107         review of certain application denials; specifying
 1108         grounds for an authority’s denial of a proposed
 1109         collocation of a small wireless facility or placement
 1110         of a utility pole in the public rights-of-way;
 1111         deleting an authority’s authorization to adopt
 1112         ordinances for performance bonds and security funds;
 1113         authorizing an authority to require a construction
 1114         bond, subject to certain conditions; requiring
 1115         authorities to accept certain financial instruments
 1116         for certain financial obligations; authorizing
 1117         providers to add authorities to certain financial
 1118         instruments; prohibiting an authority from requiring a
 1119         provider to indemnify an authority for certain
 1120         liabilities; prohibiting an authority from requiring a
 1121         permit, approval, fees, charges, costs, or exactions
 1122         for certain activities; authorizing and limiting
 1123         filings an authority may require relating to micro
 1124         wireless facility equipment; providing an exception to
 1125         a certain right-of-way permit for certain service
 1126         restoration work; providing conditions under which a
 1127         wireless provider must comply with certain
 1128         requirements of an authority that prohibit new utility
 1129         poles used to support small wireless facilities in
 1130         certain areas; providing that an authority may require
 1131         wireless providers to comply with certain objective
 1132         design standards adopted by ordinance; authorizing an
 1133         authority to waive such design standards under certain
 1134         circumstances; providing a requirement for the waiver;
 1135         revising an authority’s authorization to apply certain
 1136         ordinances to applications filed before a certain
 1137         timeframe; authorizing a civil action for violations;
 1138         providing actions a court may take; requiring the work
 1139         of certain authority rights-of-way to comply with a
 1140         specified document; providing a statement of
 1141         legislative intent; providing an effective date.