Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1000
       
       
       
       
       
       
                                Ì591504ÆÎ591504                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/13/2019           .                                
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       The Committee on Innovation, Industry, and Technology (Hutson)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 49 - 299
    4  and insert:
    5         Section 2. 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 3. 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, taking into account the distinct engineering,
   59  construction, operation, maintenance, public works, and safety
   60  requirements of the provider’s facilities, when imposing rules
   61  or regulations governing the placement or maintenance of
   62  communications facilities in the public roads or rights-of-way.
   63  Rules or regulations imposed by a municipality or county
   64  relating to providers of communications services placing or
   65  maintaining communications facilities in its roads or rights-of
   66  way must be generally applicable to all providers of
   67  communications services and, notwithstanding any other law, may
   68  not require a provider of communications services to apply for
   69  or enter into an individual license, franchise, or other
   70  agreement with the municipality or county as a condition of
   71  placing or maintaining communications facilities in its roads or
   72  rights-of-way. In addition to other reasonable rules or
   73  regulations that a municipality or county may adopt relating to
   74  the placement or maintenance of communications facilities in its
   75  roads or rights-of-way under this subsection or subsection (7),
   76  a municipality or county may require a provider of
   77  communications services that places or seeks to place facilities
   78  in its roads or rights-of-way to register with the municipality
   79  or county. To register, a provider of communications services
   80  only may be required to provide its name and to provide the name
   81  of the registrant; the name, address, and telephone number of a
   82  contact person for the registrant; the number of the
   83  registrant’s current certificate of authorization issued by the
   84  Florida Public Service Commission, the Federal Communications
   85  Commission, or the Department of State; and any required proof
   86  of insurance or self-insuring status adequate to defend and
   87  cover claims. A municipality or county may not require the
   88  provision of an inventory of communications facilities, maps,
   89  locations of such facilities, or other information by a
   90  registrant as a condition of registration, renewal, or for any
   91  other purpose; provided, however, that a municipality or county
   92  may require as part of a permit application that the applicant
   93  identify at-grade communications facilities within 25 feet of
   94  the proposed installation location for the placement of at-grade
   95  communications facilities. A municipality or county may not
   96  require registration renewal more frequently than every 5 years.
   97  A municipality or county may not require a provider to pay any
   98  fee, cost, or other charge for registration or renewal thereof.
   99  It is the intent of the Legislature that the placement,
  100  operation, maintenance, upgrading, and extension of
  101  communications facilities not be unreasonably interrupted or
  102  delayed through the permitting or other local regulatory
  103  process. Except as provided in this chapter or otherwise
  104  expressly authorized by chapter 202, chapter 364, or chapter
  105  610, a municipality or county may not adopt or enforce any
  106  ordinance, regulation, or requirement as to the placement or
  107  operation of communications facilities in a right-of-way by a
  108  communications services provider authorized by state or local
  109  law to operate in a right-of-way; regulate any communications
  110  services; or impose or collect any tax, fee, cost, charge, or
  111  exaction for the provision of communications services over the
  112  communications services provider’s communications facilities in
  113  a right-of-way.
  114         (b) Registration described in paragraph (a) does not
  115  establish a right to place or maintain, or priority for the
  116  placement or maintenance of, a communications facility in roads
  117  or rights-of-way of a municipality or county. Each municipality
  118  and county retains the authority to regulate and manage
  119  municipal and county roads or rights-of-way in exercising its
  120  police power, subject to the limitations imposed in this section
  121  and chapters 202 and 610. Any rules or regulations adopted by a
  122  municipality or county which govern the occupation of its roads
  123  or rights-of-way by providers of communications services must be
  124  related to the placement or maintenance of facilities in such
  125  roads or rights-of-way, must be reasonable and
  126  nondiscriminatory, and may include only those matters necessary
  127  to manage the roads or rights-of-way of the municipality or
  128  county.
  129         (c) Any municipality or county that, as of January 1, 2019,
  130  elected to require permit fees from any provider of
  131  communications services that uses or occupy municipal or county
  132  road or rights-of-way pursuant to former paragraph (c) or
  133  paragraph (j), Florida Statutes 2018, may continue to require
  134  and collect such fees. A municipality or county that elected as
  135  of such date to require permit fees may elect to forego such
  136  fees as provided herein. A municipality or county that elected
  137  as of such date not to require permit fees may not elect to
  138  impose permit fees.
  139         1.It is the intention of the state to treat all providers
  140  of communications services that use or occupy municipal or
  141  charter county roads or rights-of-way for the provision of
  142  communications services in a nondiscriminatory and competitively
  143  neutral manner with respect to the payment of permit fees.
  144  Certain providers of communications services have been granted
  145  by general law the authority to offset permit fees against
  146  franchise or other fees while other providers of communications
  147  services have not been granted this authority. In order to treat
  148  all providers of communications services in a nondiscriminatory
  149  and competitively neutral manner with respect to the payment of
  150  permit fees, each municipality and charter county shall make an
  151  election under either sub-subparagraph a. or sub-subparagraph b.
  152  and must inform the Department of Revenue of the election by
  153  certified mail by July 16, 2001. Such election shall take effect
  154  October 1, 2001.
  155         a.(I) The municipality or charter county may require and
  156  collect permit fees from any providers of communications
  157  services that use or occupy municipal or county roads or rights
  158  of-way. All fees authorized permitted under this paragraph sub
  159  subparagraph must be reasonable and commensurate with the direct
  160  and actual cost of the regulatory activity, including issuing
  161  and processing permits, plan reviews, physical inspection, and
  162  direct administrative costs; must be demonstrable; and must be
  163  equitable among users of the roads or rights-of-way. A fee
  164  authorized permitted under this paragraph sub-subparagraph may
  165  not: be offset against the tax imposed under chapter 202;
  166  include the costs of roads or rights-of-way acquisition or roads
  167  or rights-of-way rental; include any general administrative,
  168  management, or maintenance costs of the roads or rights-of-way;
  169  or be based on a percentage of the value or costs associated
  170  with the work to be performed on the roads or rights-of-way. In
  171  an action to recover amounts due for a fee not authorized
  172  permitted under this paragraph sub-subparagraph, the prevailing
  173  party may recover court costs and attorney attorney’s fees at
  174  trial and on appeal. In addition to the limitations set forth in
  175  this section, a fee levied by a municipality or charter county
  176  under this paragraph sub-subparagraph may not exceed $100.
  177  However, permit fees may not be imposed with respect to permits
  178  that may be required for service drop lines not required to be
  179  noticed under s. 556.108(5) s. 556.108(5)(a)2. or for any
  180  activity that does not require the physical disturbance of the
  181  roads or rights-of-way or does not impair access to or full use
  182  of the roads or rights-of-way, including, but not limited to,
  183  any emergency repairs of existing lawfully placed facilities,
  184  extensions of such facilities for providing communications
  185  services to customers, and the placement of micro wireless
  186  facilities in accordance with subparagraph (7)(e)3.
  187         (II) To ensure competitive neutrality among providers of
  188  communications services, for any municipality or charter county
  189  that elects to exercise its authority to require and collect
  190  permit fees under this sub-subparagraph, the rate of the local
  191  communications services tax imposed by such jurisdiction, as
  192  computed under s. 202.20, shall automatically be reduced by a
  193  rate of 0.12 percent.
  194         b. Alternatively, the municipality or charter county may
  195  elect not to require and collect permit fees from any provider
  196  of communications services that uses or occupies municipal or
  197  charter county roads or rights-of-way for the provision of
  198  communications services; however, each municipality or charter
  199  county that elects to operate under this sub-subparagraph
  200  retains all authority to establish rules and regulations for
  201  providers of communications services to use or occupy roads or
  202  rights-of-way as provided in this section.
  203         1. If a municipality or charter county elects to not
  204  require permit fees operate under this sub-subparagraph, the
  205  total rate for the local communications services tax as computed
  206  under s. 202.20 for that municipality or charter county may be
  207  increased by ordinance or resolution by an amount not to exceed
  208  a rate of 0.12 percent. If a municipality or charter county
  209  elects to increase its rate effective October 1, 2001, the
  210  municipality or charter county shall inform the department of
  211  such increased rate by certified mail postmarked on or before
  212  July 16, 2001.
  213         c. A municipality or charter county that does not make an
  214  election as provided for in this subparagraph shall be presumed
  215  to have elected to operate under the provisions of sub
  216  subparagraph b.
  217         2. Each noncharter county shall make an election under
  218  either sub-subparagraph a. or sub-subparagraph b. and shall
  219  inform the Department of Revenue of the election by certified
  220  mail by July 16, 2001. Such election shall take effect October
  221  1, 2001.
  222         a. The noncharter county may elect to require and collect
  223  permit fees from any providers of communications services that
  224  use or occupy noncharter county roads or rights-of-way. All fees
  225  permitted under this sub-subparagraph must be reasonable and
  226  commensurate with the direct and actual cost of the regulatory
  227  activity, including issuing and processing permits, plan
  228  reviews, physical inspection, and direct administrative costs;
  229  must be demonstrable; and must be equitable among users of the
  230  roads or rights-of-way. A fee permitted under this sub
  231  subparagraph may not: be offset against the tax imposed under
  232  chapter 202; include the costs of roads or rights-of-way
  233  acquisition or roads or rights-of-way rental; include any
  234  general administrative, management, or maintenance costs of the
  235  roads or rights-of-way; or be based on a percentage of the value
  236  or costs associated with the work to be performed on the roads
  237  or rights-of-way. In an action to recover amounts due for a fee
  238  not permitted under this sub-subparagraph, the prevailing party
  239  may recover court costs and attorney’s fees at trial and on
  240  appeal. In addition to the limitations set forth in this
  241  section, a fee levied by a noncharter county under this sub
  242  subparagraph may not exceed $100. However, permit fees may not
  243  be imposed with respect to permits that may be required for
  244  service drop lines not required to be noticed under s.
  245  556.108(5)(a)2. or for any activity that does not require the
  246  physical disturbance of the roads or rights-of-way or does not
  247  impair access to or full use of the roads or rights-of-way.
  248         b. Alternatively, the noncharter county may elect not to
  249  require and collect permit fees from any provider of
  250  communications services that uses or occupies noncharter county
  251  roads or rights-of-way for the provision of communications
  252  services; however, each noncharter county that elects to operate
  253  under this sub-subparagraph shall retain all authority to
  254  establish rules and regulations for providers of communications
  255  services to use or occupy roads or rights-of-way as provided in
  256  this section.
  257         2. If a noncharter county elects to not require permit fees
  258  operate under this sub-subparagraph, the total rate for the
  259  local communications services tax as computed under s. 202.20
  260  for that noncharter county may be increased by ordinance or
  261  resolution by an amount not to exceed a rate of 0.24 percent, to
  262  replace the revenue the noncharter county would otherwise have
  263  received from permit fees for providers of communications
  264  services. If a noncharter county elects to increase its rate
  265  effective October 1, 2001, the noncharter county shall inform
  266  the department of such increased rate by certified mail
  267  postmarked on or before July 16, 2001.
  268         c. A noncharter county that does not make an election as
  269  provided for in this subparagraph shall be presumed to have
  270  elected to operate under the provisions of sub-subparagraph b.
  271         3. Except as provided in this paragraph, municipalities and
  272  counties retain all existing authority to require and collect
  273  permit fees from users or occupants of municipal or county roads
  274  or rights-of-way and to set appropriate permit fee amounts.
  275         (d) After January 1, 2001, In addition to any other notice
  276  requirements, a municipality must provide to the Secretary of
  277  State, at least 10 days prior to consideration on first reading,
  278  notice of a proposed ordinance governing a telecommunications
  279  company placing or maintaining telecommunications facilities in
  280  its roads or rights-of-way. After January 1, 2001, In addition
  281  to any other notice requirements, a county must provide to the
  282  Secretary of State, at least 15 days prior to consideration at a
  283  public hearing, notice of a proposed ordinance governing a
  284  telecommunications company placing or maintaining
  285  telecommunications facilities in its roads or rights-of-way. The
  286  notice required by this paragraph must be published by the
  287  Secretary of State on a designated Internet website. The failure
  288  of a municipality or county to provide such notice does not
  289  render the ordinance invalid, provided that enforcement of such
  290  ordinance must be suspended until the municipality or county
  291  provides the required notice and duly considers amendments from
  292  affected persons.
  293         (e) The authority of municipalities and counties to require
  294  franchise fees from providers of communications services, with
  295  respect to the provision of communications services, is
  296  specifically preempted by the state because of unique
  297  circumstances applicable to providers of communications services
  298  when compared to other utilities occupying municipal or county
  299  roads or rights-of-way. Providers of communications services may
  300  provide similar services in a manner that requires the placement
  301  of facilities in municipal or county roads or rights-of-way or
  302  in a manner that does not require the placement of facilities in
  303  such roads or rights-of-way. Although similar communications
  304  services may be provided by different means, the state desires
  305  to treat providers of communications services in a
  306  nondiscriminatory manner and to have the taxes, franchise fees,
  307  and other fees, costs, and financial or regulatory exactions
  308  paid by or imposed on providers of communications services be
  309  competitively neutral. Municipalities and counties retain all
  310  existing authority, if any, to collect franchise fees from users
  311  or occupants of municipal or county roads or rights-of-way other
  312  than providers of communications services, and the provisions of
  313  this subsection shall have no effect upon this authority. The
  314  provisions of this subsection do not restrict the authority, if
  315  any, of municipalities or counties or other governmental
  316  entities to receive reasonable rental fees based on fair market
  317  value for the use of public lands and buildings on property
  318  outside the public roads or rights-of-way for the placement of
  319  communications antennas and towers.
  320         (f) Except as expressly allowed or authorized by general
  321  law and except for the rights-of-way permit fees subject to
  322  paragraph (c), a municipality or county may not levy on a
  323  provider of communications services a tax, fee, or other charge
  324  or imposition for operating as a provider of communications
  325  services within the jurisdiction of the municipality or county
  326  which is in any way related to using its roads or rights-of-way.
  327  A municipality or county may not require or solicit in-kind
  328  compensation, except as otherwise provided in s. 202.24(2)(c)8.
  329  or s. 610.109, provided that the in-kind compensation is not a
  330  franchise fee under federal law. Nothing in this paragraph shall
  331  impair any ordinance or agreement in effect on May 22, 1998, or
  332  any voluntary agreement entered into subsequent to that date,
  333  which provides for or allows in-kind compensation by a
  334  telecommunications company.
  335         (g) A municipality or county may not use its authority over
  336  the placement of facilities in its roads and rights-of-way as a
  337  basis for asserting or exercising regulatory control over a
  338  provider of communications services regarding matters within the
  339  exclusive jurisdiction of the Florida Public Service Commission
  340  or the Federal Communications Commission, including, but not
  341  limited to, the operations, systems, equipment, technology,
  342  qualifications, services, service quality, service territory,
  343  and prices of a provider of communications services. A
  344  municipality or county may not require any permit for the
  345  installation, placement, maintenance, or replacement of aerial
  346  wireline communications facilities on or between existing
  347  utility poles by a communications services provider; provided,
  348  however, that a municipality or county may require a right-of
  349  way permit for work that involves excavation, closure of a
  350  sidewalk, or closure of a vehicular lane, unless the provider is
  351  making emergency restoration or repair work to existing lawfully
  352  placed facilities. Any permit application required by an
  353  authority under this section for the placement of communications
  354  facilities must be processed and acted upon consistent with the
  355  timeframes provided in subparagraphs (7)(d)7.-9. In addition, a
  356  municipality or county may not require any permit or other
  357  approval, fee, charge, or cost, or other exaction for the
  358  extension, routine maintenance and repair, or replacement and
  359  upgrade of existing aerial or underground communications
  360  facilities located on private property outside of the public
  361  rights-of-way.
  362         (h) A provider of communications services that has obtained
  363  permission to occupy the roads or rights-of-way of an
  364  incorporated municipality pursuant to s. 362.01 or that is
  365  otherwise lawfully occupying the roads or rights-of-way of a
  366  municipality or county shall not be required to obtain consent
  367  to continue such lawful occupation of those roads or rights-of
  368  way; however, nothing in this paragraph shall be interpreted to
  369  limit the power of a municipality or county to adopt or enforce
  370  reasonable rules or regulations as provided in this section and
  371  consistent with chapters 202, 364, and 610. Any such rules or
  372  regulations must be in writing, and providers of communications
  373  services in the municipality or county must be given at least 60
  374  days advance written notice of any changes to the rules and
  375  regulations.
  376         (i) Except as expressly provided in this section, this
  377  section does not modify the authority of municipalities and
  378  counties to levy the tax authorized in chapter 202 or the duties
  379  of providers of communications services under ss. 337.402
  380  337.404. This section does not apply to building permits, pole
  381  attachments, or private roads, private easements, and private
  382  rights-of-way.
  383         (j) Pursuant to this paragraph, any county or municipality
  384  may by ordinance change either its election made on or before
  385  July 16, 2001, under paragraph (c) or an election made under
  386  this paragraph.
  387         1.a. If a municipality or charter county changes its
  388  election under this paragraph in order to exercise its authority
  389  to require and collect permit fees in accordance with this
  390  subsection, the rate of the local communications services tax
  391  imposed by such jurisdiction pursuant to ss. 202.19 and 202.20
  392  shall automatically be reduced by the sum of 0.12 percent plus
  393  the percentage, if any, by which such rate was increased
  394  pursuant to sub-subparagraph (c)1.b.
  395         b. If a municipality or charter county changes its election
  396  under this paragraph in order to discontinue requiring and
  397  collecting permit fees, the rate of the local communications
  398  services tax imposed by such jurisdiction pursuant to ss. 202.19
  399  and 202.20 may be increased by ordinance or resolution by an
  400  amount not to exceed 0.24 percent.
  401         2.a. If a noncharter county changes its election under this
  402  paragraph in order to exercise its authority to require and
  403  collect permit fees in accordance with this subsection, the rate
  404  of the local communications services tax imposed by such
  405  jurisdiction pursuant to ss. 202.19 and 202.20 shall
  406  automatically be reduced by the percentage, if any, by which
  407  such rate was increased pursuant to sub-subparagraph (c)2.b.
  408         b. If a noncharter county changes its election under this
  409  paragraph in order to discontinue requiring and collecting
  410  permit fees, the rate of the local communications services tax
  411  imposed by such jurisdiction pursuant to ss. 202.19 and 202.20
  412  may be increased by ordinance or resolution by an amount not to
  413  exceed 0.24 percent.
  414         3.a. Any change of election pursuant to this paragraph and
  415  any tax rate change resulting from such change of election shall
  416  be subject to the notice requirements of s. 202.21; however, no
  417  such change of election shall become effective prior to January
  418  1, 2003.
  419         b. Any county or municipality changing its election under
  420  this paragraph in order to exercise its authority to require and
  421  collect permit fees shall, in addition to complying with the
  422  notice requirements under s. 202.21, provide to all dealers
  423  providing communications services in such jurisdiction written
  424  notice of such change of election by September 1 immediately
  425  preceding the January 1 on which such change of election becomes
  426  effective. For purposes of this sub-subparagraph, dealers
  427  providing communications services in such jurisdiction shall
  428  include every dealer reporting tax to such jurisdiction pursuant
  429  to s. 202.37 on the return required under s. 202.27 to be filed
  430  on or before the 20th day of May immediately preceding the
  431  January 1 on which such change of election becomes effective.
  432         (k) Notwithstanding the provisions of s. 202.19, when a
  433  local communications services tax rate is changed as a result of
  434  an election made or changed under this subsection, such rate may
  435  shall not be rounded to tenths.
  436         (6)
  437         (e) This subsection does not alter any provision of this
  438  section or s. 202.24 relating to taxes, fees, or other charges
  439  or impositions by a municipality or county on a dealer of
  440  communications services or authorize that any charges be
  441  assessed on a dealer of communications services, except as
  442  specifically set forth herein. A municipality or county may not
  443  charge a pass-through provider any amounts other than the
  444  charges under this subsection as a condition to the placement or
  445  maintenance of a communications facility in the roads or rights
  446  of-way of a municipality or county by a pass-through provider,
  447  except that a municipality or county may impose permit fees on a
  448  pass-through provider consistent with paragraph (3)(c) if the
  449  municipality or county elects to exercise its authority to
  450  collect permit fees under paragraph (3)(c).
  451         (f) The charges under this subsection do not apply to
  452  communications facilities placed in a municipality’s or county’s
  453  rights-of-way prior to the effective date of this subsection
  454  with permission from the municipality or county, if any was
  455  required, except to the extent the facilities of a pass-through
  456  provider were subject to per linear foot or mile charges in
  457  effect as of October 1, 2001, in which case the municipality or
  458  county may only impose on a pass-through provider charges
  459  consistent with paragraph (b) or paragraph (c) for such
  460  facilities. Notwithstanding the foregoing, this subsection does
  461  not impair any written agreement between a pass-through provider
  462  and a municipality or county imposing per linear foot or mile
  463  charges for communications facilities placed in municipal or
  464  county roads or rights-of-way that is in effect prior to the
  465  effective date of this subsection. Upon the termination or
  466  expiration of any such written agreement, any charges imposed
  467  must shall be consistent with this section paragraph (b) or
  468  paragraph (c). Notwithstanding the foregoing, until October 1,
  469  2005, this subsection shall not affect a municipality or county
  470  continuing to impose charges in excess of the charges authorized
  471  in this subsection on facilities of a pass-through provider that
  472  is not a dealer of communications services in the state under
  473  chapter 202, but only to the extent such charges were imposed by
  474  municipal or county ordinance or resolution adopted prior to
  475  February 1, 2002. Effective October 1, 2005, any charges imposed
  476  shall be consistent with paragraph (b) or paragraph (c).
  477         (7)
  478         (b) As used in this subsection, the term:
  479         1. “Antenna” means communications equipment that transmits
  480  or receives electromagnetic radio frequency signals used in
  481  providing wireless services.
  482         2. “Applicable codes” means uniform building, fire,
  483  electrical, plumbing, or mechanical codes adopted by a
  484  recognized national code organization or local amendments to
  485  those codes enacted solely to address threats of destruction of
  486  property or injury to persons, or local codes or ordinances
  487  adopted to implement this subsection. The term includes
  488  objective design standards adopted by ordinance that may require
  489  a new utility pole that replaces an existing utility pole to be
  490  of substantially similar design, material, and color or that may
  491  require reasonable spacing requirements concerning the location
  492  of ground-mounted equipment. The term includes objective design
  493  standards adopted by ordinance that may require a small wireless
  494  facility to meet reasonable location context, color, stealth,
  495  and concealment requirements; however, such design standards may
  496  be waived by the authority upon a showing that the design
  497  standards are not reasonably compatible for the particular
  498  location of a small wireless facility or that the design
  499  standards impose an excessive expense. The waiver shall be
  500  granted or denied within 45 days after the date of the request.
  501         3. “Applicant” means a person who submits an application
  502  and is a wireless provider.
  503         4. “Application” means a request submitted by an applicant
  504  to an authority for a permit to collocate small wireless
  505  facilities or to place a new utility pole used to support a
  506  small wireless facility.
  507         5. “Authority” means a county or municipality having
  508  jurisdiction and control of the rights-of-way of any public
  509  road. The term does not include the Department of
  510  Transportation. Rights-of-way under the jurisdiction and control
  511  of the department are excluded from this subsection.
  512         6. “Authority utility pole” means a utility pole owned by
  513  an authority in the right-of-way. The term does not include a
  514  utility pole owned by a municipal electric utility, a utility
  515  pole used to support municipally owned or operated electric
  516  distribution facilities, or a utility pole located in the right
  517  of-way within:
  518         a. A retirement community that:
  519         (I) Is deed restricted as housing for older persons as
  520  defined in s. 760.29(4)(b);
  521         (II) Has more than 5,000 residents; and
  522         (III) Has underground utilities for electric transmission
  523  or distribution.
  524         b. A municipality that:
  525         (I) Is located on a coastal barrier island as defined in s.
  526  161.053(1)(b)3.;
  527         (II) Has a land area of less than 5 square miles;
  528         (III) Has less than 10,000 residents; and
  529         (IV) Has, before July 1, 2017, received referendum approval
  530  to issue debt to finance municipal-wide undergrounding of its
  531  utilities for electric transmission or distribution.
  532         7. “Collocate” or “collocation” means to install, mount,
  533  maintain, modify, operate, or replace one or more wireless
  534  facilities on, under, within, or adjacent to a wireless support
  535  structure or utility pole. The term does not include the
  536  installation of a new utility pole or wireless support structure
  537  in the public rights-of-way.
  538         8. “FCC” means the Federal Communications Commission.
  539         9. “Micro wireless facility” means a small wireless
  540  facility having dimensions no larger than 24 inches in length,
  541  15 inches in width, and 12 inches in height and an exterior
  542  antenna, if any, no longer than 11 inches.
  543         10. “Small wireless facility” means a wireless facility
  544  that meets the following qualifications:
  545         a. Each antenna associated with the facility is located
  546  inside an enclosure of no more than 6 cubic feet in volume or,
  547  in the case of antennas that have exposed elements, each antenna
  548  and all of its exposed elements could fit within an enclosure of
  549  no more than 6 cubic feet in volume; and
  550         b. All other wireless equipment associated with the
  551  facility is cumulatively no more than 28 cubic feet in volume.
  552  The following types of associated ancillary equipment are not
  553  included in the calculation of equipment volume: electric
  554  meters, concealment elements, telecommunications demarcation
  555  boxes, ground-based enclosures, grounding equipment, power
  556  transfer switches, cutoff switches, vertical cable runs for the
  557  connection of power and other services, and utility poles or
  558  other support structures.
  559         11. “Utility pole” means a pole or similar structure that
  560  is used in whole or in part to provide communications services
  561  or for electric distribution, lighting, traffic control,
  562  signage, or a similar function. The term includes the vertical
  563  support structure for traffic lights but does not include a
  564  horizontal structure to which signal lights or other traffic
  565  control devices are attached and does not include a pole or
  566  similar structure 15 feet in height or less unless an authority
  567  grants a waiver for such pole.
  568         12. “Wireless facility” means equipment at a fixed location
  569  which enables wireless communications between user equipment and
  570  a communications network, including radio transceivers,
  571  antennas, wires, coaxial or fiber-optic cable or other cables,
  572  regular and backup power supplies, and comparable equipment,
  573  regardless of technological configuration, and equipment
  574  associated with wireless communications. The term includes small
  575  wireless facilities. The term does not include:
  576         a. The structure or improvements on, under, within, or
  577  adjacent to the structure on which the equipment is collocated;
  578         b. Wireline backhaul facilities; or
  579         c. Coaxial or fiber-optic cable that is between wireless
  580  structures or utility poles or that is otherwise not immediately
  581  adjacent to or directly associated with a particular antenna.
  582         13. “Wireless infrastructure provider” means a person who
  583  has been certificated under chapter 364 to provide
  584  telecommunications service in the state or under chapter 610 to
  585  provide cable or video services in this state, or that person’s
  586  affiliate, and who builds or installs wireless communication
  587  transmission equipment, wireless facilities, or wireless support
  588  structures but is not a wireless services provider.
  589         14. “Wireless provider” means a wireless infrastructure
  590  provider or a wireless services provider.
  591         15. “Wireless services” means any services provided using
  592  licensed or unlicensed spectrum, whether at a fixed location or
  593  mobile, using wireless facilities.
  594         16. “Wireless services provider” means a person who
  595  provides wireless services.
  596         17. “Wireless support structure” means a freestanding
  597  structure, such as a monopole, a guyed or self-supporting tower,
  598  or another existing or proposed structure designed to support or
  599  capable of supporting wireless facilities. The term does not
  600  include a utility pole, pedestal, or other support structure for
  601  ground-based equipment not mounted on a utility pole and less
  602  than 10 feet in height.
  603         (c) Except as provided in this subsection, an authority may
  604  not prohibit, regulate, or charge for the collocation of small
  605  wireless facilities in the public rights-of-way or for the
  606  installation, maintenance, modification, operation, or
  607  replacement of utility poles used for the collocation of small
  608  wireless facilities in the public rights-of-way.
  609         (d) An authority may require a registration process and
  610  permit fees in accordance with subsection (3). An authority
  611  shall accept applications for permits and shall process and
  612  issue permits subject to the following requirements:
  613         1. An authority may not directly or indirectly require an
  614  applicant to perform services unrelated to the collocation for
  615  which approval is sought, such as in-kind contributions to the
  616  authority, including reserving fiber, conduit, or pole space for
  617  the authority.
  618         2. An applicant may not be required to provide more
  619  information to obtain a permit than is necessary to demonstrate
  620  the applicant’s compliance with applicable codes for the
  621  placement of small wireless facilities in the locations
  622  identified in the application. An applicant may not be required
  623  to provide inventories, maps, or locations of communications
  624  facilities in the right-of-way other than as necessary to avoid
  625  interference with other at-grade facilities located at the
  626  specific location proposed for a small wireless facility or
  627  within 25 feet of such location.
  628         3. An authority may not:
  629         a. Require the placement of small wireless facilities on
  630  any specific utility pole or category of poles; or
  631         b. Require the placement of multiple antenna systems on a
  632  single utility pole;
  633         c.Require a demonstration that collocation of a small
  634  wireless facility on an existing structure is not legally or
  635  technically possible as a condition for granting a permit for
  636  the collocation of a small wireless facility on a new utility
  637  pole;
  638         d.Require compliance with an authority’s provisions
  639  regarding placement of small wireless facilities or a new
  640  utility pole used to support a small wireless facility in
  641  rights-of-way not under the control of the authority pursuant to
  642  a delegation from the department, or require such compliance as
  643  a condition to receive a permit that is ancillary to the permit
  644  for collocation of a small wireless facility, including an
  645  electrical permit;
  646         e.Require a meeting before filing an application;
  647         f.Require direct or indirect public notification or a
  648  public meeting for the placement of communication facilities in
  649  the right-of-way;
  650         g.Limit the size or configuration of a small wireless
  651  facility or any of its components, if the small wireless
  652  facility complies with the size limits in this subsection;
  653         h.Prohibit the installation of a new utility pole used to
  654  support the collocation of a small wireless facility if the
  655  installation otherwise meets the requirements of this
  656  subsection;
  657         i.Require that any component of a small wireless facility
  658  be placed underground; or
  659         j.Require that any existing communication facility be
  660  placed underground, except as provided in ss. 337.403 and
  661  337.404.
  662         4. Subject to sub-subparagraph (f)6.b., an authority may
  663  not limit the placement, by minimum separation distances, of
  664  small wireless facilities, utility poles on which small wireless
  665  facilities are or will be collocated, or other at-grade
  666  communications facilities by minimum separation distances.
  667  However, within 14 days after the date of filing the
  668  application, an authority may request that the proposed location
  669  of a small wireless facility be moved to another location in the
  670  right-of-way and placed on an alternative authority utility pole
  671  or support structure or placed on may place a new utility pole.
  672  The authority and the applicant may negotiate the alternative
  673  location, including any objective design standards and
  674  reasonable spacing requirements for ground-based equipment, for
  675  30 days after the date of the request. At the conclusion of the
  676  negotiation period, if the alternative location is accepted by
  677  the applicant, the applicant must notify the authority of such
  678  acceptance and the application shall be deemed granted for any
  679  new location for which there is agreement and all other
  680  locations in the application. If an agreement is not reached,
  681  the applicant must notify the authority of such nonagreement and
  682  the authority must grant or deny the original application within
  683  90 days after the date the application was filed. A request for
  684  an alternative location, an acceptance of an alternative
  685  location, or a rejection of an alternative location must be in
  686  writing and provided by electronic mail.
  687         5. An authority shall limit the height of a small wireless
  688  facility to 10 feet above the utility pole or structure upon
  689  which the small wireless facility is to be collocated. Unless
  690  waived by an authority, the height for a new utility pole is
  691  limited to the tallest existing utility pole as of July 1, 2017,
  692  located in the same right-of-way, other than a utility pole for
  693  which a waiver has previously been granted, measured from grade
  694  in place within 500 feet of the proposed location of the small
  695  wireless facility. If there is no utility pole within 500 feet,
  696  the authority shall limit the height of the utility pole to 50
  697  feet.
  698         6. Except as provided in subparagraphs 4. and 5., The
  699  installation by a communications services provider of a utility
  700  pole in the public rights-of-way, other than a utility pole used
  701  designed to support a small wireless facility, is shall be
  702  subject to authority rules or regulations governing the
  703  placement of utility poles in the public rights-of-way and is
  704  shall be subject to the application review timeframes in this
  705  subsection.
  706         7. Within 14 days after receiving an application, an
  707  authority must determine and notify the applicant by electronic
  708  mail as to whether the application is complete. If an
  709  application is deemed incomplete, the authority must
  710  specifically identify the missing information. An application is
  711  deemed complete if the authority fails to provide notification
  712  to the applicant within 14 days.
  713         8. An application must be processed on a nondiscriminatory
  714  basis. A complete application is deemed approved if an authority
  715  fails to approve or deny the application within 60 days after
  716  receipt of the application. If an authority does not use the 30
  717  day negotiation period provided in subparagraph 4., the parties
  718  may mutually agree to extend the 60-day application review
  719  period. The authority shall grant or deny the application at the
  720  end of the extended period. A permit issued pursuant to an
  721  approved application shall remain effective for 1 year unless
  722  extended by the authority.
  723         9. An authority must notify the applicant of approval or
  724  denial by electronic mail. An authority shall approve a complete
  725  application unless it does not meet the authority’s applicable
  726  codes. If the application is denied, the authority must specify
  727  in writing the basis for denial, including the specific code
  728  provisions on which the denial was based, and send the
  729  documentation to the applicant by electronic mail on the day the
  730  authority denies the application. The applicant may cure the
  731  deficiencies identified by the authority and resubmit the
  732  application within 30 days after notice of the denial is sent to
  733  the applicant. The authority shall approve or deny the revised
  734  application within 30 days after receipt or the application is
  735  deemed approved. The review of a revised application is Any
  736  subsequent review shall be limited to the deficiencies cited in
  737  the denial. The availability of any subsequent review by the
  738  authority does not bar review of a denial in a court of
  739  competent jurisdiction.
  740         10. An applicant seeking to collocate small wireless
  741  facilities within the jurisdiction of a single authority may, at
  742  the applicant’s discretion, file a consolidated application and
  743  receive a single permit for the collocation of up to 30 small
  744  wireless facilities. If the application includes multiple small
  745  wireless facilities, an authority may separately address small
  746  wireless facility collocations for which incomplete information
  747  has been received or which are denied.
  748         11. An authority may deny a proposed collocation of a small
  749  wireless facility in the public rights-of-way if the proposed
  750  collocation:
  751         a. Materially interferes with the safe operation of traffic
  752  control equipment.
  753         b. Materially interferes with sight lines or clear zones
  754  for transportation, pedestrians, or public safety purposes.
  755         c. Materially interferes with compliance with the Americans
  756  with Disabilities Act or similar federal or state standards
  757  regarding pedestrian access or movement.
  758         d. Materially fails to comply with the 2010 edition of the
  759  Florida Department of Transportation Utility Accommodation
  760  Manual.
  761         e. Fails to comply with applicable codes.
  762         f.Fails to comply with objective design standards
  763  authorized under subparagraph (f)6.
  764         12. An authority may adopt by ordinance provisions for
  765  insurance coverage, indemnification, performance bonds, security
  766  funds, force majeure, abandonment, authority liability, or
  767  authority warranties. Such provisions must be reasonable and
  768  nondiscriminatory. An authority may require a construction bond
  769  to secure restoration of the postconstruction rights-of-way to
  770  its preconstruction condition. However, such bond must be time
  771  limited to no more than 1 year after the construction to which
  772  the bond applies is completed. For any financial obligation
  773  required by an authority allowed under this section, the
  774  authority shall accept a letter of credit or similar financial
  775  instrument issued by any financial institution that is
  776  authorized to do business within the United States, provided
  777  that a claim against the financial instrument may be made by
  778  electronic means, including by facsimile. A provider of
  779  communications services may add an authority to any existing
  780  bond, insurance policy, or other relevant financial instrument,
  781  and the authority must accept such proof of coverage without any
  782  conditions. An authority may not require a communications
  783  services provider to indemnify it for liabilities not caused by
  784  the provider, including liabilities arising from the authority’s
  785  negligence, gross negligence, or willful conduct.
  786         13. Collocation of a small wireless facility on an
  787  authority utility pole does not provide the basis for the
  788  imposition of an ad valorem tax on the authority utility pole.
  789         14. An authority may reserve space on authority utility
  790  poles for future public safety uses. However, a reservation of
  791  space may not preclude collocation of a small wireless facility.
  792  If replacement of the authority utility pole is necessary to
  793  accommodate the collocation of the small wireless facility and
  794  the future public safety use, the pole replacement is subject to
  795  make-ready provisions and the replaced pole shall accommodate
  796  the future public safety use.
  797         15. A structure granted a permit and installed pursuant to
  798  this subsection shall comply with chapter 333 and federal
  799  regulations pertaining to airport airspace protections.
  800         (e) An authority may not require any permit or other
  801  approval or require fees, or other charges, costs, or other
  802  exactions for:
  803         1. Routine maintenance or repair work, including, but not
  804  limited to, emergency repairs of existing lawfully placed
  805  facilities, or extensions of such facilities, for providing
  806  communications services to customers;
  807         2. Replacement of existing wireless facilities with
  808  wireless facilities that are substantially similar or of the
  809  same or smaller size; or
  810         3. Installation, placement, maintenance, or replacement of
  811  micro wireless facilities that are suspended on cables strung
  812  between existing utility poles in compliance with applicable
  813  codes by or for a communications services provider authorized to
  814  occupy the rights-of-way and who is remitting taxes under
  815  chapter 202. An authority may require an initial letter from or
  816  on behalf of such provider, which is effective upon filing,
  817  attesting that the micro wireless facility dimensions comply
  818  with the limits of this subsection. The authority may not
  819  require any additional filing or other information as long as
  820  the provider is deploying the same, a substantially similar, or
  821  a smaller size micro wireless facility equipment.
  822  
  823  Notwithstanding this paragraph, an authority may require a
  824  right-of-way permit for work that involves excavation, closure
  825  of a sidewalk, or closure of a vehicular lane unless the
  826  provider is making emergency restoration or repair work to
  827  existing lawfully placed facilities.
  828         (f) Collocation of small wireless facilities on authority
  829  utility poles is subject to the following requirements:
  830         1. An authority may not enter into an exclusive arrangement
  831  with any person for the right to attach equipment to authority
  832  utility poles.
  833         2. The rates and fees for collocations on authority utility
  834  poles must be nondiscriminatory, regardless of the services
  835  provided by the collocating person.
  836         3. The rate to collocate small wireless facilities on an
  837  authority utility pole may not exceed $150 per pole annually.
  838         4. Agreements between authorities and wireless providers
  839  that are in effect on July 1, 2017, and that relate to the
  840  collocation of small wireless facilities in the right-of-way,
  841  including the collocation of small wireless facilities on
  842  authority utility poles, remain in effect, subject to applicable
  843  termination provisions. The wireless provider may accept the
  844  rates, fees, and terms established under this subsection for
  845  small wireless facilities and utility poles that are the subject
  846  of an application submitted after the rates, fees, and terms
  847  become effective.
  848         5. A person owning or controlling an authority utility pole
  849  shall offer rates, fees, and other terms that comply with this
  850  subsection. By the later of January 1, 2018, or 3 months after
  851  receiving a request to collocate its first small wireless
  852  facility on a utility pole owned or controlled by an authority,
  853  the person owning or controlling the authority utility pole
  854  shall make available, through ordinance or otherwise, rates,
  855  fees, and terms for the collocation of small wireless facilities
  856  on the authority utility pole which comply with this subsection.
  857         a. The rates, fees, and terms must be nondiscriminatory and
  858  competitively neutral and must comply with this subsection.
  859         b. For an authority utility pole that supports an aerial
  860  facility used to provide communications services or electric
  861  service, the parties shall comply with the process for make
  862  ready work under 47 U.S.C. s. 224 and implementing regulations.
  863  The good faith estimate of the person owning or controlling the
  864  pole for any make-ready work necessary to enable the pole to
  865  support the requested collocation must include pole replacement
  866  if necessary.
  867         c. For an authority utility pole that does not support an
  868  aerial facility used to provide communications services or
  869  electric service, the authority shall provide a good faith
  870  estimate for any make-ready work necessary to enable the pole to
  871  support the requested collocation, including necessary pole
  872  replacement, within 60 days after receipt of a complete
  873  application. Make-ready work, including any pole replacement,
  874  must be completed within 60 days after written acceptance of the
  875  good faith estimate by the applicant. Alternatively, an
  876  authority may require the applicant seeking to collocate a small
  877  wireless facility to provide a make-ready estimate at the
  878  applicant’s expense for the work necessary to support the small
  879  wireless facility, including pole replacement, and perform the
  880  make-ready work. If pole replacement is required, the scope of
  881  the make-ready estimate is limited to the design, fabrication,
  882  and installation of a utility pole that is substantially similar
  883  in color and composition. The authority may not condition or
  884  restrict the manner in which the applicant obtains, develops, or
  885  provides the estimate or conducts the make-ready work subject to
  886  usual construction restoration standards for work in the right
  887  of-way. The replaced or altered utility pole shall remain the
  888  property of the authority.
  889         d. An authority may not require more make-ready work than
  890  is required to meet applicable codes or industry standards. Fees
  891  for make-ready work may not include costs related to preexisting
  892  damage or prior noncompliance. Fees for make-ready work,
  893  including any pole replacement, may not exceed actual costs or
  894  the amount charged to communications services providers other
  895  than wireless services providers for similar work and may not
  896  include any consultant fee or expense.
  897         6.An authority may require wireless providers to comply
  898  with objective design standards adopted by ordinance. The
  899  ordinance may require:
  900         a.A new utility pole that replaces an existing utility
  901  pole to be of substantially similar design, material, and color;
  902         b.Reasonable spacing requirements concerning the location
  903  of a ground-mounted component of a small wireless facility which
  904  does not exceed 15 feet from the associated support structure;
  905  or
  906         c.A small wireless facility to meet reasonable location
  907  context, color, camouflage, and concealment requirements,
  908  subject to the limitations in this subsection.
  909  
  910  Such design standards under this subparagraph may be waived by
  911  the authority upon a showing that the design standards are not
  912  reasonably compatible for the particular location of a small
  913  wireless facility or are technically infeasible or that the
  914  design standards impose an excessive expense. The waiver must be
  915  granted or denied within 45 days after the date of the request.
  916         (g) For any applications filed before the effective date of
  917  ordinances implementing this subsection, an authority may apply
  918  current ordinances relating to placement of communications
  919  facilities in the right-of-way related to registration,
  920  permitting, insurance coverage, indemnification, performance
  921  bonds, security funds, force majeure, abandonment, authority
  922  liability, or authority warranties. Permit application
  923  requirements and small wireless facility placement requirements,
  924  including utility pole height limits, that conflict with this
  925  subsection must shall be waived by the authority. An authority
  926  may not institute, either expressly or de facto, a moratorium,
  927  zoning-in-progress, or other mechanism that would prohibit or
  928  delay the filing, receiving, or processing of registrations,
  929  applications, or issuing of permits or other approvals for the
  930  collocation of small wireless facilities or the installation,
  931  modification, or replacement of utility poles used to support
  932  the collocation of small wireless facilities.
  933         (i) A wireless provider shall, in relation to a small
  934  wireless facility, utility pole, or wireless support structure
  935  in the public rights-of-way, comply with nondiscriminatory
  936  undergrounding requirements of an authority that prohibit above
  937  ground structures in public rights-of-way. Any such requirements
  938  may be waived by the authority.
  939         (8)(a)Any person aggrieved by a violation of this section
  940  may bring a civil action in a United States District Court or in
  941  any other court of competent jurisdiction.
  942         (b)The court may:
  943         1.Grant temporary or permanent injunctions on terms as it
  944  may deem reasonable to prevent or restrain violations of this
  945  section; and
  946         2.Direct the recovery of full costs, including awarding
  947  reasonable attorney fees, to an aggrieved party who prevails.
  948  
  949  ================= T I T L E  A M E N D M E N T ================
  950  And the title is amended as follows:
  951         Delete lines 2 - 11
  952  and insert:
  953         An act relating to communications services; amending
  954         s. 202.12, F.S.; reducing the rates of certain
  955         communications services taxes; amending s. 202.20,
  956         F.S.; conforming a cross-reference; amending s.
  957         337.401, F.S.; revising legislative intent; specifying
  958         limitations and prohibitions on municipalities and
  959         counties relating to registrations and renewals of
  960         communications services providers; authorizing
  961         municipalities and counties to require certain
  962         information as part of a permit application;
  963         prohibiting municipalities and counties from requiring
  964         a payment of fees, costs, or charges for provider
  965         registration or renewal; prohibiting municipalities
  966         and counties from adopting or enforcing certain
  967         ordinances, regulations, or requirements; specifying
  968         limitations on municipal and county authority to
  969         regulate and manage municipal and county roads or
  970         rights-of-way; prohibiting certain municipalities and
  971         counties from electing to impose permit fees;
  972         providing retroactive applicability; authorizing
  973         certain municipalities and counties to continue to
  974         require and collect such fees; deleting obsolete
  975         provisions; specifying activities for which permit
  976         fees may not be imposed; deleting certain provisions
  977         relating to municipality, charter county, and
  978         noncharter county elections to impose, or not to
  979         impose, permit fees; requiring that enforcement of
  980         certain ordinances must be suspended until certain
  981         conditions are met; revising legislative intent
  982         relating to the imposition of certain fees, costs, and
  983         exactions on providers; specifying a condition for
  984         certain in-kind compensation; specifying prohibited
  985         acts by municipalities and countries in the use of
  986         their authority over the placement of facilities for
  987         certain purposes; authorizing municipalities and
  988         counties to require a right-of-way permit for certain
  989         purposes; providing requirements for processing
  990         certain permit applications; prohibiting
  991         municipalities and counties from certain actions
  992         relating to certain aerial or underground
  993         communications facilities; specifying limitations and
  994         requirements for certain municipal and county rules
  995         and regulations; revising definitions under the
  996         Advanced Wireless Infrastructure Deployment Act;
  997         prohibiting certain actions by an authority relating
  998         to certain utility poles; prohibiting authorities from
  999         requiring permit applicants to provide certain
 1000         information, except under certain circumstances;
 1001         adding prohibited acts by authorities relating to
 1002         small wireless facilities, application requirements,
 1003         public notification and public meetings, and the
 1004         placement of certain facilities; revising
 1005         applicability of authority rules and regulations
 1006         governing the placement of utility poles in the public
 1007         rights-of-way; providing construction relating to
 1008         judicial review of certain application denials; adding
 1009         grounds for an authority’s denial of a proposed
 1010         collocation of a small wireless facility in the public
 1011         rights-of-way; deleting an authority’s authorization
 1012         to adopt ordinances for performance bonds and security
 1013         funds; authorizing an authority to require a
 1014         construction bond, subject to certain conditions;
 1015         requiring authorities to accept certain financial
 1016         instruments for certain financial obligations;
 1017         authorizing providers to add authorities to certain
 1018         financial instruments; prohibiting an authority from
 1019         requiring a provider to indemnify the authority for
 1020         certain liabilities; prohibiting an authority from
 1021         requiring a permit, approval, fees, charges, costs, or
 1022         exactions for certain activities; authorizing and
 1023         limiting filings the authority may require relating to
 1024         micro wireless facility equipment; providing an
 1025         exception to a provision authorizing an authority to
 1026         require a certain right-of-way permit; authorizing
 1027         authorities to require wireless providers to comply
 1028         with certain objective design standards adopted by
 1029         ordinance; authorizing the authority to waive such
 1030         design standards under certain circumstances;
 1031         providing a requirement for the waiver; revising an
 1032         authority’s authorization to apply certain ordinances
 1033         to applications filed before a certain timeframe;
 1034         prohibiting authorities from certain actions relating
 1035         to registrations, applications, permits, and approvals
 1036         in relation to small wireless facilities; deleting a
 1037         requirement for wireless providers to comply with
 1038         certain undergrounding requirements; authorizing a
 1039         civil action for violations; authorizing actions a
 1040         court may take; providing