ENROLLED
2019 Legislature CS for CS for CS for SB 1000
20191000er
1
2 An act relating to communications services; amending
3 s. 202.20, F.S.; conforming a cross-reference;
4 amending s. 337.401, F.S.; revising legislative
5 intent; specifying limitations and prohibitions on
6 municipalities and counties relating to registrations
7 and renewals of communications service providers;
8 authorizing municipalities and counties to require
9 certain information as part of a registration;
10 prohibiting municipalities and counties from requiring
11 a payment of fees, costs, or charges for provider
12 registration or renewal; prohibiting municipalities
13 and counties from adopting or enforcing certain
14 ordinances, regulations, or requirements; specifying
15 limitations on municipal and county authority to
16 regulate and manage municipal and county roads or
17 rights-of-way; prohibiting certain municipalities and
18 counties from electing to impose permit fees;
19 providing retroactive applicability; authorizing
20 certain municipalities and counties to continue to
21 require and collect such fees; deleting obsolete
22 provisions; specifying activities for which permit
23 fees may not be imposed; deleting certain provisions
24 relating to municipality, charter county, and
25 noncharter county elections to impose, or not to
26 impose, permit fees; requiring that enforcement of
27 certain ordinances must be suspended until certain
28 conditions are met; revising legislative intent
29 relating to the imposition of certain fees, costs, and
30 exactions on providers; specifying a condition for
31 certain in-kind compensation; revising items over
32 which municipalities and counties may not exercise
33 regulatory control; authorizing municipalities and
34 counties to require a right-of-way permit for certain
35 purposes; providing requirements for processing
36 certain permit applications; prohibiting
37 municipalities and counties from certain actions
38 relating to certain aerial or underground
39 communications facilities; specifying limitations and
40 requirements for certain municipal and county rules
41 and regulations; revising definitions for the Advanced
42 Wireless Infrastructure Deployment Act; prohibiting
43 certain actions by an authority relating to certain
44 utility poles; prohibiting authorities from requiring
45 permit applicants to provide certain information,
46 except under certain circumstances; adding prohibited
47 acts by authorities relating to small wireless
48 facilities, application requirements, public
49 notification and public meetings, and the placement of
50 certain facilities; revising applicability of
51 authority rules and regulations governing the
52 placement of utility poles in the public rights-of
53 way; providing construction relating to judicial
54 review of certain application denials; specifying
55 grounds for an authority’s denial of a proposed
56 collocation of a small wireless facility or placement
57 of a utility pole in the public rights-of-way;
58 deleting an authority’s authorization to adopt
59 ordinances for performance bonds and security funds;
60 authorizing an authority to require a construction
61 bond, subject to certain conditions; requiring
62 authorities to accept certain financial instruments
63 for certain financial obligations; authorizing
64 providers to add authorities to certain financial
65 instruments; prohibiting an authority from requiring a
66 provider to indemnify an authority for certain
67 liabilities; prohibiting an authority from requiring a
68 permit, approval, fees, charges, costs, or exactions
69 for certain activities; authorizing and limiting
70 filings an authority may require relating to micro
71 wireless facility equipment; providing an exception to
72 a certain right-of-way permit for certain service
73 restoration work; providing conditions under which a
74 wireless provider must comply with certain
75 requirements of an authority which prohibit new
76 utility poles used to support small wireless
77 facilities in certain areas; providing that an
78 authority may require wireless providers to comply
79 with certain objective design standards adopted by
80 ordinance; authorizing an authority to waive such
81 design standards under certain circumstances;
82 providing a requirement for the waiver; revising an
83 authority’s authorization to apply certain ordinances
84 to applications filed before a certain timeframe;
85 authorizing a civil action for violations; providing
86 actions a court may take; requiring that work in
87 certain authority rights-of-way must comply with a
88 specified document; providing for statutory
89 construction; providing an effective date.
90
91 Be It Enacted by the Legislature of the State of Florida:
92
93 Section 1. Paragraph (b) of subsection (2) of section
94 202.20, Florida Statutes, is amended to read:
95 202.20 Local communications services tax conversion rates.—
96 (2)
97 (b) Except as otherwise provided in this subsection,
98 “replaced revenue sources,” as used in this section, means the
99 following taxes, charges, fees, or other impositions to the
100 extent that the respective local taxing jurisdictions were
101 authorized to impose them prior to July 1, 2000.
102 1. With respect to municipalities and charter counties and
103 the taxes authorized by s. 202.19(1):
104 a. The public service tax on telecommunications authorized
105 by former s. 166.231(9).
106 b. Franchise fees on cable service providers as authorized
107 by 47 U.S.C. s. 542.
108 c. The public service tax on prepaid calling arrangements.
109 d. Franchise fees on dealers of communications services
110 which use the public roads or rights-of-way, up to the limit set
111 forth in s. 337.401. For purposes of calculating rates under
112 this section, it is the legislative intent that charter counties
113 be treated as having had the same authority as municipalities to
114 impose franchise fees on recurring local telecommunication
115 service revenues prior to July 1, 2000. However, the Legislature
116 recognizes that the authority of charter counties to impose such
117 fees is in dispute, and the treatment provided in this section
118 is not an expression of legislative intent that charter counties
119 actually do or do not possess such authority.
120 e. Actual permit fees relating to placing or maintaining
121 facilities in or on public roads or rights-of-way, collected
122 from providers of long-distance, cable, and mobile
123 communications services for the fiscal year ending September 30,
124 1999; however, if a municipality or charter county elects the
125 option to charge permit fees pursuant to s. 337.401(3)(c)
126 337.401(3)(c)1.a., such fees shall not be included as a replaced
127 revenue source.
128 2. With respect to all other counties and the taxes
129 authorized in s. 202.19(1), franchise fees on cable service
130 providers as authorized by 47 U.S.C. s. 542.
131 Section 2. Subsection (3), paragraphs (d), (e), and (f) of
132 subsection (6), and paragraphs (b), (c), (d), (e), (f), (g), and
133 (i) of subsection (7) of section 337.401, Florida Statutes, are
134 amended, paragraph (r) is added to subsection (7), and
135 subsections (8) and (9) are added to that section, to read:
136 337.401 Use of right-of-way for utilities subject to
137 regulation; permit; fees.—
138 (3)(a) Because of the unique circumstances applicable to
139 providers of communications services, including, but not limited
140 to, the circumstances described in paragraph (e) and the fact
141 that federal and state law require the nondiscriminatory
142 treatment of providers of telecommunications services, and
143 because of the desire to promote competition among providers of
144 communications services, it is the intent of the Legislature
145 that municipalities and counties treat providers of
146 communications services in a nondiscriminatory and competitively
147 neutral manner when imposing rules or regulations governing the
148 placement or maintenance of communications facilities in the
149 public roads or rights-of-way. Rules or regulations imposed by a
150 municipality or county relating to providers of communications
151 services placing or maintaining communications facilities in its
152 roads or rights-of-way must be generally applicable to all
153 providers of communications services, taking into account the
154 distinct engineering, construction, operation, maintenance,
155 public works, and safety requirements of the provider’s
156 facilities, and, notwithstanding any other law, may not require
157 a provider of communications services to apply for or enter into
158 an individual license, franchise, or other agreement with the
159 municipality or county as a condition of placing or maintaining
160 communications facilities in its roads or rights-of-way. In
161 addition to other reasonable rules or regulations that a
162 municipality or county may adopt relating to the placement or
163 maintenance of communications facilities in its roads or rights
164 of-way under this subsection or subsection (7), a municipality
165 or county may require a provider of communications services that
166 places or seeks to place facilities in its roads or rights-of
167 way to register with the municipality or county. To register, a
168 provider of communications services may be required only to
169 provide its name and to provide the name of the registrant; the
170 name, address, and telephone number of a contact person for the
171 registrant; the number of the registrant’s current certificate
172 of authorization issued by the Florida Public Service
173 Commission, the Federal Communications Commission, or the
174 Department of State; a statement of whether the registrant is a
175 pass-through provider as defined in s. 337.401(6)(a)1.; the
176 registrant’s federal employer identification number; and any
177 required proof of insurance or self-insuring status adequate to
178 defend and cover claims. A municipality or county may not
179 require a registrant to renew a registration more frequently
180 than every 5 years but may require during this period that a
181 registrant update the registration information provided under
182 this subsection within 90 days after a change in such
183 information. A municipality or county may not require the
184 registrant to provide an inventory of communications facilities,
185 maps, locations of such facilities, or other information by a
186 registrant as a condition of registration, renewal, or for any
187 other purpose; provided, however, that a municipality or county
188 may require as part of a permit application that the applicant
189 identify at-grade communications facilities within 50 feet of
190 the proposed installation location for the placement of at-grade
191 communications facilities. A municipality or county may not
192 require a provider to pay any fee, cost, or other charge for
193 registration or renewal thereof. It is the intent of the
194 Legislature that the placement, operation, maintenance,
195 upgrading, and extension of communications facilities not be
196 unreasonably interrupted or delayed through the permitting or
197 other local regulatory process. Except as provided in this
198 chapter or otherwise expressly authorized by chapter 202,
199 chapter 364, or chapter 610, a municipality or county may not
200 adopt or enforce any ordinance, regulation, or requirement as to
201 the placement or operation of communications facilities in a
202 right-of-way by a communications services provider authorized by
203 state or local law to operate in a right-of-way; regulate any
204 communications services; or impose or collect any tax, fee,
205 cost, charge, or exaction for the provision of communications
206 services over the communications services provider’s
207 communications facilities in a right-of-way.
208 (b) Registration described in paragraph (a) does not
209 establish a right to place or maintain, or priority for the
210 placement or maintenance of, a communications facility in roads
211 or rights-of-way of a municipality or county. Each municipality
212 and county retains the authority to regulate and manage
213 municipal and county roads or rights-of-way in exercising its
214 police power, subject to the limitations imposed in this section
215 and chapters 202 and 610. Any rules or regulations adopted by a
216 municipality or county which govern the occupation of its roads
217 or rights-of-way by providers of communications services must be
218 related to the placement or maintenance of facilities in such
219 roads or rights-of-way, must be reasonable and
220 nondiscriminatory, and may include only those matters necessary
221 to manage the roads or rights-of-way of the municipality or
222 county.
223 (c) Any municipality or county that, as of January 1, 2019,
224 elected to require permit fees from any provider of
225 communications services that uses or occupies municipal or
226 county roads or rights-of-way pursuant to former paragraph (c)
227 or paragraph (j), Florida Statutes 2018, may continue to require
228 and collect such fees. A municipality or county that elected as
229 of January 1, 2019, to require permit fees may elect to forego
230 such fees as provided herein. A municipality or county that
231 elected as of January 1, 2019, not to require permit fees may
232 not elect to impose permit fees.
233 1. It is the intention of the state to treat all providers
234 of communications services that use or occupy municipal or
235 charter county roads or rights-of-way for the provision of
236 communications services in a nondiscriminatory and competitively
237 neutral manner with respect to the payment of permit fees.
238 Certain providers of communications services have been granted
239 by general law the authority to offset permit fees against
240 franchise or other fees while other providers of communications
241 services have not been granted this authority. In order to treat
242 all providers of communications services in a nondiscriminatory
243 and competitively neutral manner with respect to the payment of
244 permit fees, each municipality and charter county shall make an
245 election under either sub-subparagraph a. or sub-subparagraph b.
246 and must inform the Department of Revenue of the election by
247 certified mail by July 16, 2001. Such election shall take effect
248 October 1, 2001.
249 a.(I) The municipality or charter county may require and
250 collect permit fees from any providers of communications
251 services that use or occupy municipal or county roads or rights
252 of-way. All fees authorized permitted under this paragraph sub
253 subparagraph must be reasonable and commensurate with the direct
254 and actual cost of the regulatory activity, including issuing
255 and processing permits, plan reviews, physical inspection, and
256 direct administrative costs; must be demonstrable; and must be
257 equitable among users of the roads or rights-of-way. A fee
258 authorized permitted under this paragraph sub-subparagraph may
259 not: be offset against the tax imposed under chapter 202;
260 include the costs of roads or rights-of-way acquisition or roads
261 or rights-of-way rental; include any general administrative,
262 management, or maintenance costs of the roads or rights-of-way;
263 or be based on a percentage of the value or costs associated
264 with the work to be performed on the roads or rights-of-way. In
265 an action to recover amounts due for a fee not authorized
266 permitted under this paragraph sub-subparagraph, the prevailing
267 party may recover court costs and attorney attorney’s fees at
268 trial and on appeal. In addition to the limitations set forth in
269 this section, a fee levied by a municipality or charter county
270 under this paragraph sub-subparagraph may not exceed $100.
271 However, permit fees may not be imposed with respect to permits
272 that may be required for service drop lines not required to be
273 noticed under s. 556.108(5) s. 556.108(5)(a)2. or for any
274 activity that does not require the physical disturbance of the
275 roads or rights-of-way or does not impair access to or full use
276 of the roads or rights-of-way, including, but not limited to,
277 the performance of service restoration work on existing
278 facilities, extensions of such facilities for providing
279 communications services to customers, and the placement of micro
280 wireless facilities in accordance with subparagraph (7)(e)3.
281 (II) To ensure competitive neutrality among providers of
282 communications services, for any municipality or charter county
283 that elects to exercise its authority to require and collect
284 permit fees under this sub-subparagraph, the rate of the local
285 communications services tax imposed by such jurisdiction, as
286 computed under s. 202.20, shall automatically be reduced by a
287 rate of 0.12 percent.
288 b. Alternatively, the municipality or charter county may
289 elect not to require and collect permit fees from any provider
290 of communications services that uses or occupies municipal or
291 charter county roads or rights-of-way for the provision of
292 communications services; however, each municipality or charter
293 county that elects to operate under this sub-subparagraph
294 retains all authority to establish rules and regulations for
295 providers of communications services to use or occupy roads or
296 rights-of-way as provided in this section.
297 1. If a municipality or charter county elects to not
298 require permit fees operate under this sub-subparagraph, the
299 total rate for the local communications services tax as computed
300 under s. 202.20 for that municipality or charter county may be
301 increased by ordinance or resolution by an amount not to exceed
302 a rate of 0.12 percent. If a municipality or charter county
303 elects to increase its rate effective October 1, 2001, the
304 municipality or charter county shall inform the department of
305 such increased rate by certified mail postmarked on or before
306 July 16, 2001.
307 c. A municipality or charter county that does not make an
308 election as provided for in this subparagraph shall be presumed
309 to have elected to operate under the provisions of sub
310 subparagraph b.
311 2. Each noncharter county shall make an election under
312 either sub-subparagraph a. or sub-subparagraph b. and shall
313 inform the Department of Revenue of the election by certified
314 mail by July 16, 2001. Such election shall take effect October
315 1, 2001.
316 a. The noncharter county may elect to require and collect
317 permit fees from any providers of communications services that
318 use or occupy noncharter county roads or rights-of-way. All fees
319 permitted under this sub-subparagraph must be reasonable and
320 commensurate with the direct and actual cost of the regulatory
321 activity, including issuing and processing permits, plan
322 reviews, physical inspection, and direct administrative costs;
323 must be demonstrable; and must be equitable among users of the
324 roads or rights-of-way. A fee permitted under this sub
325 subparagraph may not: be offset against the tax imposed under
326 chapter 202; include the costs of roads or rights-of-way
327 acquisition or roads or rights-of-way rental; include any
328 general administrative, management, or maintenance costs of the
329 roads or rights-of-way; or be based on a percentage of the value
330 or costs associated with the work to be performed on the roads
331 or rights-of-way. In an action to recover amounts due for a fee
332 not permitted under this sub-subparagraph, the prevailing party
333 may recover court costs and attorney’s fees at trial and on
334 appeal. In addition to the limitations set forth in this
335 section, a fee levied by a noncharter county under this sub
336 subparagraph may not exceed $100. However, permit fees may not
337 be imposed with respect to permits that may be required for
338 service drop lines not required to be noticed under s.
339 556.108(5)(a)2. or for any activity that does not require the
340 physical disturbance of the roads or rights-of-way or does not
341 impair access to or full use of the roads or rights-of-way.
342 b. Alternatively, the noncharter county may elect not to
343 require and collect permit fees from any provider of
344 communications services that uses or occupies noncharter county
345 roads or rights-of-way for the provision of communications
346 services; however, each noncharter county that elects to operate
347 under this sub-subparagraph shall retain all authority to
348 establish rules and regulations for providers of communications
349 services to use or occupy roads or rights-of-way as provided in
350 this section.
351 2. If a noncharter county elects to not require permit fees
352 operate under this sub-subparagraph, the total rate for the
353 local communications services tax as computed under s. 202.20
354 for that noncharter county may be increased by ordinance or
355 resolution by an amount not to exceed a rate of 0.24 percent, to
356 replace the revenue the noncharter county would otherwise have
357 received from permit fees for providers of communications
358 services. If a noncharter county elects to increase its rate
359 effective October 1, 2001, the noncharter county shall inform
360 the department of such increased rate by certified mail
361 postmarked on or before July 16, 2001.
362 c. A noncharter county that does not make an election as
363 provided for in this subparagraph shall be presumed to have
364 elected to operate under the provisions of sub-subparagraph b.
365 3. Except as provided in this paragraph, municipalities and
366 counties retain all existing authority to require and collect
367 permit fees from users or occupants of municipal or county roads
368 or rights-of-way and to set appropriate permit fee amounts.
369 (d) After January 1, 2001, In addition to any other notice
370 requirements, a municipality must provide to the Secretary of
371 State, at least 10 days prior to consideration on first reading,
372 notice of a proposed ordinance governing a telecommunications
373 company placing or maintaining telecommunications facilities in
374 its roads or rights-of-way. After January 1, 2001, In addition
375 to any other notice requirements, a county must provide to the
376 Secretary of State, at least 15 days prior to consideration at a
377 public hearing, notice of a proposed ordinance governing a
378 telecommunications company placing or maintaining
379 telecommunications facilities in its roads or rights-of-way. The
380 notice required by this paragraph must be published by the
381 Secretary of State on a designated Internet website. The failure
382 of a municipality or county to provide such notice does not
383 render the ordinance invalid, provided that enforcement of such
384 ordinance must be suspended until 30 days after the municipality
385 or county provides the required notice.
386 (e) The authority of municipalities and counties to require
387 franchise fees from providers of communications services, with
388 respect to the provision of communications services, is
389 specifically preempted by the state because of unique
390 circumstances applicable to providers of communications services
391 when compared to other utilities occupying municipal or county
392 roads or rights-of-way. Providers of communications services may
393 provide similar services in a manner that requires the placement
394 of facilities in municipal or county roads or rights-of-way or
395 in a manner that does not require the placement of facilities in
396 such roads or rights-of-way. Although similar communications
397 services may be provided by different means, the state desires
398 to treat providers of communications services in a
399 nondiscriminatory manner and to have the taxes, franchise fees,
400 and other fees, costs, and financial or regulatory exactions
401 paid by or imposed on providers of communications services be
402 competitively neutral. Municipalities and counties retain all
403 existing authority, if any, to collect franchise fees from users
404 or occupants of municipal or county roads or rights-of-way other
405 than providers of communications services, and the provisions of
406 this subsection shall have no effect upon this authority. The
407 provisions of this subsection do not restrict the authority, if
408 any, of municipalities or counties or other governmental
409 entities to receive reasonable rental fees based on fair market
410 value for the use of public lands and buildings on property
411 outside the public roads or rights-of-way for the placement of
412 communications antennas and towers.
413 (f) Except as expressly allowed or authorized by general
414 law and except for the rights-of-way permit fees subject to
415 paragraph (c), a municipality or county may not levy on a
416 provider of communications services a tax, fee, or other charge
417 or imposition for operating as a provider of communications
418 services within the jurisdiction of the municipality or county
419 which is in any way related to using its roads or rights-of-way.
420 A municipality or county may not require or solicit in-kind
421 compensation, except as otherwise provided in s. 202.24(2)(c)8.,
422 provided that the in-kind compensation is not a franchise fee
423 under federal law. Nothing in this paragraph impairs the
424 authority of a municipality or county to request public,
425 educational, or governmental access channels pursuant to or s.
426 610.109. Nothing in this paragraph shall impair any ordinance or
427 agreement in effect on May 22, 1998, or any voluntary agreement
428 entered into subsequent to that date, which provides for or
429 allows in-kind compensation by a telecommunications company.
430 (g) A municipality or county may not use its authority over
431 the placement of facilities in its roads and rights-of-way as a
432 basis for asserting or exercising regulatory control over a
433 provider of communications services regarding matters within the
434 exclusive jurisdiction of the Florida Public Service Commission
435 or the Federal Communications Commission, including, but not
436 limited to, the operations, systems, equipment, technology,
437 qualifications, services, service quality, service territory,
438 and prices of a provider of communications services. A
439 municipality or county may not require any permit for the
440 maintenance, repair, replacement, extension, or upgrade of
441 existing aerial wireline communications facilities on utility
442 poles or for aerial wireline facilities between existing
443 wireline communications facility attachments on utility poles by
444 a communications services provider. However, a municipality or
445 county may require a right-of-way permit for work that involves
446 excavation, closure of a sidewalk, or closure of a vehicular
447 lane or parking lane, unless the provider is performing service
448 restoration to existing facilities. A permit application
449 required by an authority under this section for the placement of
450 communications facilities must be processed and acted upon
451 consistent with the timeframes provided in subparagraphs
452 (7)(d)7., 8., and 9. In addition, a municipality or county may
453 not require any permit or other approval, fee, charge, or cost,
454 or other exaction for the maintenance, repair, replacement,
455 extension, or upgrade of existing aerial lines or underground
456 communications facilities located on private property outside of
457 the public rights-of-way. As used in this section, the term
458 “extension of existing facilities” includes those extensions
459 from the rights of way into a customer’s private property for
460 purposes of placing a service drop or those extensions from the
461 rights of way into a utility easement to provide service to a
462 discrete identifiable customer or group of customers.
463 (h) A provider of communications services that has obtained
464 permission to occupy the roads or rights-of-way of an
465 incorporated municipality pursuant to s. 362.01 or that is
466 otherwise lawfully occupying the roads or rights-of-way of a
467 municipality or county shall not be required to obtain consent
468 to continue such lawful occupation of those roads or rights-of
469 way; however, nothing in this paragraph shall be interpreted to
470 limit the power of a municipality or county to adopt or enforce
471 reasonable rules or regulations as provided in this section and
472 consistent with chapters 202, 364, and 610. Any such rules or
473 regulations must be in writing, and registered providers of
474 communications services in the municipality or county must be
475 given at least 60 days advance written notice of any changes to
476 the rules and regulations.
477 (i) Except as expressly provided in this section, this
478 section does not modify the authority of municipalities and
479 counties to levy the tax authorized in chapter 202 or the duties
480 of providers of communications services under ss. 337.402
481 337.404. This section does not apply to building permits, pole
482 attachments, or private roads, private easements, and private
483 rights-of-way.
484 (j) Pursuant to this paragraph, any county or municipality
485 may by ordinance change either its election made on or before
486 July 16, 2001, under paragraph (c) or an election made under
487 this paragraph.
488 1.a. If a municipality or charter county changes its
489 election under this paragraph in order to exercise its authority
490 to require and collect permit fees in accordance with this
491 subsection, the rate of the local communications services tax
492 imposed by such jurisdiction pursuant to ss. 202.19 and 202.20
493 shall automatically be reduced by the sum of 0.12 percent plus
494 the percentage, if any, by which such rate was increased
495 pursuant to sub-subparagraph (c)1.b.
496 b. If a municipality or charter county changes its election
497 under this paragraph in order to discontinue requiring and
498 collecting permit fees, the rate of the local communications
499 services tax imposed by such jurisdiction pursuant to ss. 202.19
500 and 202.20 may be increased by ordinance or resolution by an
501 amount not to exceed 0.24 percent.
502 2.a. If a noncharter county changes its election under this
503 paragraph in order to exercise its authority to require and
504 collect permit fees in accordance with this subsection, the rate
505 of the local communications services tax imposed by such
506 jurisdiction pursuant to ss. 202.19 and 202.20 shall
507 automatically be reduced by the percentage, if any, by which
508 such rate was increased pursuant to sub-subparagraph (c)2.b.
509 b. If a noncharter county changes its election under this
510 paragraph in order to discontinue requiring and collecting
511 permit fees, the rate of the local communications services tax
512 imposed by such jurisdiction pursuant to ss. 202.19 and 202.20
513 may be increased by ordinance or resolution by an amount not to
514 exceed 0.24 percent.
515 3.a. Any change of election pursuant to this paragraph and
516 any tax rate change resulting from such change of election shall
517 be subject to the notice requirements of s. 202.21; however, no
518 such change of election shall become effective prior to January
519 1, 2003.
520 b. Any county or municipality changing its election under
521 this paragraph in order to exercise its authority to require and
522 collect permit fees shall, in addition to complying with the
523 notice requirements under s. 202.21, provide to all dealers
524 providing communications services in such jurisdiction written
525 notice of such change of election by September 1 immediately
526 preceding the January 1 on which such change of election becomes
527 effective. For purposes of this sub-subparagraph, dealers
528 providing communications services in such jurisdiction shall
529 include every dealer reporting tax to such jurisdiction pursuant
530 to s. 202.37 on the return required under s. 202.27 to be filed
531 on or before the 20th day of May immediately preceding the
532 January 1 on which such change of election becomes effective.
533 (k) Notwithstanding the provisions of s. 202.19, when a
534 local communications services tax rate is changed as a result of
535 an election made or changed under this subsection, such rate may
536 shall not be rounded to tenths.
537 (6)
538 (d) The amounts charged pursuant to this subsection shall
539 be based on the linear miles of roads or rights-of-way where a
540 communications facility is placed, not based on a summation of
541 the lengths of individual cables, conduits, strands, or fibers.
542 The amounts referenced in this subsection may be charged only
543 once annually and only to one person annually for any
544 communications facility. A municipality or county shall
545 discontinue charging such amounts to a person that has ceased to
546 be a pass-through provider. Any annual amounts charged shall be
547 reduced for a prorated portion of any 12-month period during
548 which the person remits taxes imposed by the municipality or
549 county pursuant to chapter 202. Any excess amounts paid to a
550 municipality or county shall be refunded to the person upon
551 written notice of the excess to the municipality or county. A
552 municipality or county may require a pass-through provider to
553 provide an annual notarized statement identifying the total
554 number of linear miles of pass-through facilities in the
555 municipality’s or county’s rights-of-way. Upon request from a
556 municipality or county, a pass-through provider must provide
557 reasonable access to maps of pass-through facilities located in
558 the rights-of-way of the municipality or county making the
559 request. The scope of the request must be limited to only those
560 maps of pass-through facilities from which the calculation of
561 the linear miles of pass-through facilities in the rights-of-way
562 can be determined. The request must be accompanied by an
563 affidavit that the person making the request is authorized by
564 the municipality or county to review tax information related to
565 the revenue and mileage calculations for pass-through providers.
566 A request may not be made more than once annually to a pass
567 through provider.
568 (e) This subsection does not alter any provision of this
569 section or s. 202.24 relating to taxes, fees, or other charges
570 or impositions by a municipality or county on a dealer of
571 communications services or authorize that any charges be
572 assessed on a dealer of communications services, except as
573 specifically set forth herein. A municipality or county may not
574 charge a pass-through provider any amounts other than the
575 charges under this subsection as a condition to the placement or
576 maintenance of a communications facility in the roads or rights
577 of-way of a municipality or county by a pass-through provider,
578 except that a municipality or county may impose permit fees on a
579 pass-through provider consistent with paragraph (3)(c) if the
580 municipality or county elects to exercise its authority to
581 collect permit fees under paragraph (3)(c).
582 (f) The charges under this subsection do not apply to
583 communications facilities placed in a municipality’s or county’s
584 rights-of-way prior to the effective date of this subsection
585 with permission from the municipality or county, if any was
586 required, except to the extent the facilities of a pass-through
587 provider were subject to per linear foot or mile charges in
588 effect as of October 1, 2001, in which case the municipality or
589 county may only impose on a pass-through provider charges
590 consistent with paragraph (b) or paragraph (c) for such
591 facilities. Notwithstanding the foregoing, this subsection does
592 not impair any written agreement between a pass-through provider
593 and a municipality or county imposing per linear foot or mile
594 charges for communications facilities placed in municipal or
595 county roads or rights-of-way that is in effect prior to the
596 effective date of this subsection. Upon the termination or
597 expiration of any such written agreement, any charges imposed
598 must shall be consistent with this section paragraph (b) or
599 paragraph (c). Notwithstanding the foregoing, until October 1,
600 2005, this subsection shall not affect a municipality or county
601 continuing to impose charges in excess of the charges authorized
602 in this subsection on facilities of a pass-through provider that
603 is not a dealer of communications services in the state under
604 chapter 202, but only to the extent such charges were imposed by
605 municipal or county ordinance or resolution adopted prior to
606 February 1, 2002. Effective October 1, 2005, any charges imposed
607 shall be consistent with paragraph (b) or paragraph (c).
608 (7)
609 (b) As used in this subsection, the term:
610 1. “Antenna” means communications equipment that transmits
611 or receives electromagnetic radio frequency signals used in
612 providing wireless services.
613 2. “Applicable codes” means uniform building, fire,
614 electrical, plumbing, or mechanical codes adopted by a
615 recognized national code organization or local amendments to
616 those codes enacted solely to address threats of destruction of
617 property or injury to persons, and includes the National
618 Electric Safety Code and the 2017 edition of the Florida
619 Department of Transportation Utility Accommodation Manual or
620 local codes or ordinances adopted to implement this subsection.
621 The term includes objective design standards adopted by
622 ordinance that may require a new utility pole that replaces an
623 existing utility pole to be of substantially similar design,
624 material, and color or that may require reasonable spacing
625 requirements concerning the location of ground-mounted
626 equipment. The term includes objective design standards adopted
627 by ordinance that may require a small wireless facility to meet
628 reasonable location context, color, stealth, and concealment
629 requirements; however, such design standards may be waived by
630 the authority upon a showing that the design standards are not
631 reasonably compatible for the particular location of a small
632 wireless facility or that the design standards impose an
633 excessive expense. The waiver shall be granted or denied within
634 45 days after the date of the request.
635 3. “Applicant” means a person who submits an application
636 and is a wireless provider.
637 4. “Application” means a request submitted by an applicant
638 to an authority for a permit to collocate small wireless
639 facilities or to place a new utility pole used to support a
640 small wireless facility.
641 5. “Authority” means a county or municipality having
642 jurisdiction and control of the rights-of-way of any public
643 road. The term does not include the Department of
644 Transportation. Rights-of-way under the jurisdiction and control
645 of the department are excluded from this subsection.
646 6. “Authority utility pole” means a utility pole owned by
647 an authority in the right-of-way. The term does not include a
648 utility pole owned by a municipal electric utility, a utility
649 pole used to support municipally owned or operated electric
650 distribution facilities, or a utility pole located in the right
651 of-way within:
652 a. A retirement community that:
653 (I) Is deed restricted as housing for older persons as
654 defined in s. 760.29(4)(b);
655 (II) Has more than 5,000 residents; and
656 (III) Has underground utilities for electric transmission
657 or distribution.
658 b. A municipality that:
659 (I) Is located on a coastal barrier island as defined in s.
660 161.053(1)(b)3.;
661 (II) Has a land area of less than 5 square miles;
662 (III) Has less than 10,000 residents; and
663 (IV) Has, before July 1, 2017, received referendum approval
664 to issue debt to finance municipal-wide undergrounding of its
665 utilities for electric transmission or distribution.
666 7. “Collocate” or “collocation” means to install, mount,
667 maintain, modify, operate, or replace one or more wireless
668 facilities on, under, within, or adjacent to a wireless support
669 structure or utility pole. The term does not include the
670 installation of a new utility pole or wireless support structure
671 in the public rights-of-way.
672 8. “FCC” means the Federal Communications Commission.
673 9. “Micro wireless facility” means a small wireless
674 facility having dimensions no larger than 24 inches in length,
675 15 inches in width, and 12 inches in height and an exterior
676 antenna, if any, no longer than 11 inches.
677 10. “Small wireless facility” means a wireless facility
678 that meets the following qualifications:
679 a. Each antenna associated with the facility is located
680 inside an enclosure of no more than 6 cubic feet in volume or,
681 in the case of antennas that have exposed elements, each antenna
682 and all of its exposed elements could fit within an enclosure of
683 no more than 6 cubic feet in volume; and
684 b. All other wireless equipment associated with the
685 facility is cumulatively no more than 28 cubic feet in volume.
686 The following types of associated ancillary equipment are not
687 included in the calculation of equipment volume: electric
688 meters, concealment elements, telecommunications demarcation
689 boxes, ground-based enclosures, grounding equipment, power
690 transfer switches, cutoff switches, vertical cable runs for the
691 connection of power and other services, and utility poles or
692 other support structures.
693 11. “Utility pole” means a pole or similar structure that
694 is used in whole or in part to provide communications services
695 or for electric distribution, lighting, traffic control,
696 signage, or a similar function. The term includes the vertical
697 support structure for traffic lights but does not include a
698 horizontal structure to which signal lights or other traffic
699 control devices are attached and does not include a pole or
700 similar structure 15 feet in height or less unless an authority
701 grants a waiver for such pole.
702 12. “Wireless facility” means equipment at a fixed location
703 which enables wireless communications between user equipment and
704 a communications network, including radio transceivers,
705 antennas, wires, coaxial or fiber-optic cable or other cables,
706 regular and backup power supplies, and comparable equipment,
707 regardless of technological configuration, and equipment
708 associated with wireless communications. The term includes small
709 wireless facilities. The term does not include:
710 a. The structure or improvements on, under, within, or
711 adjacent to the structure on which the equipment is collocated;
712 b. Wireline backhaul facilities; or
713 c. Coaxial or fiber-optic cable that is between wireless
714 structures or utility poles or that is otherwise not immediately
715 adjacent to or directly associated with a particular antenna.
716 13. “Wireless infrastructure provider” means a person who
717 has been certificated under chapter 364 to provide
718 telecommunications service in the state or under chapter 610 to
719 provide cable or video services in this state, or that person’s
720 affiliate, and who builds or installs wireless communication
721 transmission equipment, wireless facilities, or wireless support
722 structures but is not a wireless services provider.
723 14. “Wireless provider” means a wireless infrastructure
724 provider or a wireless services provider.
725 15. “Wireless services” means any services provided using
726 licensed or unlicensed spectrum, whether at a fixed location or
727 mobile, using wireless facilities.
728 16. “Wireless services provider” means a person who
729 provides wireless services.
730 17. “Wireless support structure” means a freestanding
731 structure, such as a monopole, a guyed or self-supporting tower,
732 or another existing or proposed structure designed to support or
733 capable of supporting wireless facilities. The term does not
734 include a utility pole, pedestal, or other support structure for
735 ground-based equipment not mounted on a utility pole and less
736 than 5 feet in height.
737 (c) Except as provided in this subsection, an authority may
738 not prohibit, regulate, or charge for the collocation of small
739 wireless facilities in the public rights-of-way or for the
740 installation, maintenance, modification, operation, or
741 replacement of utility poles used for the collocation of small
742 wireless facilities in the public rights-of-way.
743 (d) An authority may require a registration process and
744 permit fees in accordance with subsection (3). An authority
745 shall accept applications for permits and shall process and
746 issue permits subject to the following requirements:
747 1. An authority may not directly or indirectly require an
748 applicant to perform services unrelated to the collocation for
749 which approval is sought, such as in-kind contributions to the
750 authority, including reserving fiber, conduit, or pole space for
751 the authority.
752 2. An applicant may not be required to provide more
753 information to obtain a permit than is necessary to demonstrate
754 the applicant’s compliance with applicable codes for the
755 placement of small wireless facilities in the locations
756 identified in the application. An applicant may not be required
757 to provide inventories, maps, or locations of communications
758 facilities in the right-of-way other than as necessary to avoid
759 interference with other at-grade or aerial facilities located at
760 the specific location proposed for a small wireless facility or
761 within 50 feet of such location.
762 3. An authority may not:
763 a. Require the placement of small wireless facilities on
764 any specific utility pole or category of poles; or
765 b. Require the placement of multiple antenna systems on a
766 single utility pole;
767 c. Require a demonstration that collocation of a small
768 wireless facility on an existing structure is not legally or
769 technically possible as a condition for granting a permit for
770 the collocation of a small wireless facility on a new utility
771 pole except as provided in paragraph (i);
772 d. Require compliance with an authority’s provisions
773 regarding placement of small wireless facilities or a new
774 utility pole used to support a small wireless facility in
775 rights-of-way under the control of the department unless the
776 authority has received a delegation from the department for the
777 location of the small wireless facility or utility pole, or
778 require such compliance as a condition to receive a permit that
779 is ancillary to the permit for collocation of a small wireless
780 facility, including an electrical permit;
781 e. Require a meeting before filing an application;
782 f. Require direct or indirect public notification or a
783 public meeting for the placement of communication facilities in
784 the right-of-way;
785 g. Limit the size or configuration of a small wireless
786 facility or any of its components, if the small wireless
787 facility complies with the size limits in this subsection;
788 h. Prohibit the installation of a new utility pole used to
789 support the collocation of a small wireless facility if the
790 installation otherwise meets the requirements of this
791 subsection; or
792 i. Require that any component of a small wireless facility
793 be placed underground except as provided in paragraph (i).
794 4. Subject to paragraph (r), an authority may not limit the
795 placement, by minimum separation distances, of small wireless
796 facilities, utility poles on which small wireless facilities are
797 or will be collocated, or other at-grade communications
798 facilities by minimum separation distances. However, within 14
799 days after the date of filing the application, an authority may
800 request that the proposed location of a small wireless facility
801 be moved to another location in the right-of-way and placed on
802 an alternative authority utility pole or support structure or
803 placed on may place a new utility pole. The authority and the
804 applicant may negotiate the alternative location, including any
805 objective design standards and reasonable spacing requirements
806 for ground-based equipment, for 30 days after the date of the
807 request. At the conclusion of the negotiation period, if the
808 alternative location is accepted by the applicant, the applicant
809 must notify the authority of such acceptance and the application
810 shall be deemed granted for any new location for which there is
811 agreement and all other locations in the application. If an
812 agreement is not reached, the applicant must notify the
813 authority of such nonagreement and the authority must grant or
814 deny the original application within 90 days after the date the
815 application was filed. A request for an alternative location, an
816 acceptance of an alternative location, or a rejection of an
817 alternative location must be in writing and provided by
818 electronic mail.
819 5. An authority shall limit the height of a small wireless
820 facility to 10 feet above the utility pole or structure upon
821 which the small wireless facility is to be collocated. Unless
822 waived by an authority, the height for a new utility pole is
823 limited to the tallest existing utility pole as of July 1, 2017,
824 located in the same right-of-way, other than a utility pole for
825 which a waiver has previously been granted, measured from grade
826 in place within 500 feet of the proposed location of the small
827 wireless facility. If there is no utility pole within 500 feet,
828 the authority shall limit the height of the utility pole to 50
829 feet.
830 6. Except as provided in subparagraphs 4. and 5., The
831 installation by a communications services provider of a utility
832 pole in the public rights-of-way, other than a utility pole used
833 designed to support a small wireless facility, is shall be
834 subject to authority rules or regulations governing the
835 placement of utility poles in the public rights-of-way and shall
836 be subject to the application review timeframes in this
837 subsection.
838 7. Within 14 days after receiving an application, an
839 authority must determine and notify the applicant by electronic
840 mail as to whether the application is complete. If an
841 application is deemed incomplete, the authority must
842 specifically identify the missing information. An application is
843 deemed complete if the authority fails to provide notification
844 to the applicant within 14 days.
845 8. An application must be processed on a nondiscriminatory
846 basis. A complete application is deemed approved if an authority
847 fails to approve or deny the application within 60 days after
848 receipt of the application. If an authority does not use the 30
849 day negotiation period provided in subparagraph 4., the parties
850 may mutually agree to extend the 60-day application review
851 period. The authority shall grant or deny the application at the
852 end of the extended period. A permit issued pursuant to an
853 approved application shall remain effective for 1 year unless
854 extended by the authority.
855 9. An authority must notify the applicant of approval or
856 denial by electronic mail. An authority shall approve a complete
857 application unless it does not meet the authority’s applicable
858 codes. If the application is denied, the authority must specify
859 in writing the basis for denial, including the specific code
860 provisions on which the denial was based, and send the
861 documentation to the applicant by electronic mail on the day the
862 authority denies the application. The applicant may cure the
863 deficiencies identified by the authority and resubmit the
864 application within 30 days after notice of the denial is sent to
865 the applicant. The authority shall approve or deny the revised
866 application within 30 days after receipt or the application is
867 deemed approved. The review of a revised application is Any
868 subsequent review shall be limited to the deficiencies cited in
869 the denial. If an authority provides for administrative review
870 of the denial of an application, the review must be complete and
871 a written decision issued within 45 days after a written request
872 for review is made. A denial must identify the specific code
873 provisions on which the denial is based. If the administrative
874 review is not complete within 45 days, the authority waives any
875 claim regarding failure to exhaust administrative remedies in
876 any judicial review of the denial of an application.
877 10. An applicant seeking to collocate small wireless
878 facilities within the jurisdiction of a single authority may, at
879 the applicant’s discretion, file a consolidated application and
880 receive a single permit for the collocation of up to 30 small
881 wireless facilities. If the application includes multiple small
882 wireless facilities, an authority may separately address small
883 wireless facility collocations for which incomplete information
884 has been received or which are denied.
885 11. An authority may deny an application to collocate a
886 proposed collocation of a small wireless facility or place a
887 utility pole used to support a small wireless facility in the
888 public rights-of-way if the proposed small wireless facility or
889 utility pole used to support a small wireless facility
890 collocation:
891 a. Materially interferes with the safe operation of traffic
892 control equipment.
893 b. Materially interferes with sight lines or clear zones
894 for transportation, pedestrians, or public safety purposes.
895 c. Materially interferes with compliance with the Americans
896 with Disabilities Act or similar federal or state standards
897 regarding pedestrian access or movement.
898 d. Materially fails to comply with the 2017 2010 edition of
899 the Florida Department of Transportation Utility Accommodation
900 Manual.
901 e. Fails to comply with applicable codes.
902 f. Fails to comply with objective design standards
903 authorized under paragraph (r).
904 12. An authority may adopt by ordinance provisions for
905 insurance coverage, indemnification, performance bonds, security
906 funds, force majeure, abandonment, authority liability, or
907 authority warranties. Such provisions must be reasonable and
908 nondiscriminatory. An authority may require a construction bond
909 to secure restoration of the postconstruction rights-of-way to
910 the preconstruction condition. However, such bond must be time
911 limited to not more than 18 months after the construction to
912 which the bond applies is completed. For any financial
913 obligation required by an authority allowed under this section,
914 the authority shall accept a letter of credit or similar
915 financial instrument issued by any financial institution that is
916 authorized to do business within the United States, provided
917 that a claim against the financial instrument may be made by
918 electronic means, including by facsimile. A provider of
919 communications services may add an authority to any existing
920 bond, insurance policy, or other relevant financial instrument,
921 and the authority must accept such proof of coverage without any
922 conditions other than consent to venue for purposes of any
923 litigation to which the authority is a party. An authority may
924 not require a communications services provider to indemnify it
925 for liabilities not caused by the provider, including
926 liabilities arising from the authority’s negligence, gross
927 negligence, or willful conduct.
928 13. Collocation of a small wireless facility on an
929 authority utility pole does not provide the basis for the
930 imposition of an ad valorem tax on the authority utility pole.
931 14. An authority may reserve space on authority utility
932 poles for future public safety uses. However, a reservation of
933 space may not preclude collocation of a small wireless facility.
934 If replacement of the authority utility pole is necessary to
935 accommodate the collocation of the small wireless facility and
936 the future public safety use, the pole replacement is subject to
937 make-ready provisions and the replaced pole shall accommodate
938 the future public safety use.
939 15. A structure granted a permit and installed pursuant to
940 this subsection shall comply with chapter 333 and federal
941 regulations pertaining to airport airspace protections.
942 (e) An authority may not require any permit or other
943 approval or require fees, or other charges, costs, or other
944 exactions for:
945 1. Routine maintenance, the performance of service
946 restoration work on existing facilities, or repair work,
947 including, but not limited to, emergency repairs of existing
948 facilities or extensions of such facilities for providing
949 communications services to customers;
950 2. Replacement of existing wireless facilities with
951 wireless facilities that are substantially similar or of the
952 same or smaller size; or
953 3. Installation, placement, maintenance, or replacement of
954 micro wireless facilities that are suspended on cables strung
955 between existing utility poles in compliance with applicable
956 codes by or for a communications services provider authorized to
957 occupy the rights-of-way and who is remitting taxes under
958 chapter 202. An authority may require an initial letter from or
959 on behalf of such provider, which is effective upon filing,
960 attesting that the micro wireless facility dimensions comply
961 with the limits of this subsection. The authority may not
962 require any additional filing or other information as long as
963 the provider is deploying the same, a substantially similar, or
964 a smaller size micro wireless facility equipment.
965
966 Notwithstanding this paragraph, an authority may require a
967 right-of-way permit for work that involves excavation, closure
968 of a sidewalk, or closure of a vehicular lane or parking lane,
969 unless the provider is performing service restoration on an
970 existing facility and the work is done in compliance with the
971 2017 edition of the Florida Department of Transportation Utility
972 Accommodation Manual. An authority may require notice of such
973 work within 30 days after restoration and may require an after
974 the-fact permit for work which would otherwise have required a
975 permit.
976 (f) Collocation of small wireless facilities on authority
977 utility poles is subject to the following requirements:
978 1. An authority may not enter into an exclusive arrangement
979 with any person for the right to attach equipment to authority
980 utility poles.
981 2. The rates and fees for collocations on authority utility
982 poles must be nondiscriminatory, regardless of the services
983 provided by the collocating person.
984 3. The rate to collocate small wireless facilities on an
985 authority utility pole may not exceed $150 per pole annually.
986 4. Agreements between authorities and wireless providers
987 that are in effect on July 1, 2017, and that relate to the
988 collocation of small wireless facilities in the right-of-way,
989 including the collocation of small wireless facilities on
990 authority utility poles, remain in effect, subject to applicable
991 termination provisions. The wireless provider may accept the
992 rates, fees, and terms established under this subsection for
993 small wireless facilities and utility poles that are the subject
994 of an application submitted after the rates, fees, and terms
995 become effective.
996 5. A person owning or controlling an authority utility pole
997 shall offer rates, fees, and other terms that comply with this
998 subsection. By the later of January 1, 2018, or 3 months after
999 receiving a request to collocate its first small wireless
1000 facility on a utility pole owned or controlled by an authority,
1001 the person owning or controlling the authority utility pole
1002 shall make available, through ordinance or otherwise, rates,
1003 fees, and terms for the collocation of small wireless facilities
1004 on the authority utility pole which comply with this subsection.
1005 a. The rates, fees, and terms must be nondiscriminatory and
1006 competitively neutral and must comply with this subsection.
1007 b. For an authority utility pole that supports an aerial
1008 facility used to provide communications services or electric
1009 service, the parties shall comply with the process for make
1010 ready work under 47 U.S.C. s. 224 and implementing regulations.
1011 The good faith estimate of the person owning or controlling the
1012 pole for any make-ready work necessary to enable the pole to
1013 support the requested collocation must include pole replacement
1014 if necessary.
1015 c. For an authority utility pole that does not support an
1016 aerial facility used to provide communications services or
1017 electric service, the authority shall provide a good faith
1018 estimate for any make-ready work necessary to enable the pole to
1019 support the requested collocation, including necessary pole
1020 replacement, within 60 days after receipt of a complete
1021 application. Make-ready work, including any pole replacement,
1022 must be completed within 60 days after written acceptance of the
1023 good faith estimate by the applicant. Alternatively, an
1024 authority may require the applicant seeking to collocate a small
1025 wireless facility to provide a make-ready estimate at the
1026 applicant’s expense for the work necessary to support the small
1027 wireless facility, including pole replacement, and perform the
1028 make-ready work. If pole replacement is required, the scope of
1029 the make-ready estimate is limited to the design, fabrication,
1030 and installation of a utility pole that is substantially similar
1031 in color and composition. The authority may not condition or
1032 restrict the manner in which the applicant obtains, develops, or
1033 provides the estimate or conducts the make-ready work subject to
1034 usual construction restoration standards for work in the right
1035 of-way. The replaced or altered utility pole shall remain the
1036 property of the authority.
1037 d. An authority may not require more make-ready work than
1038 is required to meet applicable codes or industry standards. Fees
1039 for make-ready work may not include costs related to preexisting
1040 damage or prior noncompliance. Fees for make-ready work,
1041 including any pole replacement, may not exceed actual costs or
1042 the amount charged to communications services providers other
1043 than wireless services providers for similar work and may not
1044 include any consultant fee or expense.
1045 (g) For any applications filed before the effective date of
1046 ordinances implementing this subsection, an authority may apply
1047 current ordinances relating to placement of communications
1048 facilities in the right-of-way related to registration,
1049 permitting, insurance coverage, indemnification, performance
1050 bonds, security funds, force majeure, abandonment, authority
1051 liability, or authority warranties. Permit application
1052 requirements and small wireless facility placement requirements,
1053 including utility pole height limits, that conflict with this
1054 subsection must shall be waived by the authority. An authority
1055 may not institute, either expressly or de facto, a moratorium,
1056 zoning-in-progress, or other mechanism that would prohibit or
1057 delay the filing, receiving, or processing of registrations,
1058 applications, or issuing of permits or other approvals for the
1059 collocation of small wireless facilities or the installation,
1060 modification, or replacement of utility poles used to support
1061 the collocation of small wireless facilities.
1062 (i)1. In an area where an authority has required all public
1063 utility lines in the rights-of-way to be placed underground, a
1064 wireless provider must comply with written, objective,
1065 reasonable, and nondiscriminatory requirements that prohibit new
1066 utility poles used to support small wireless facilities if:
1067 a. The authority, at least 90 days prior to the submission
1068 of an application, has required all public utility lines to be
1069 placed underground;
1070 b. Structures that the authority allows to remain above
1071 ground are reasonably available to wireless providers for the
1072 collocation of small wireless facilities and may be replaced by
1073 a wireless provider to accommodate the collocation of small
1074 wireless facilities; and
1075 c. A wireless provider may install a new utility pole in
1076 the designated area in the right-of-way that otherwise complies
1077 with this subsection and it is not reasonably able to provide
1078 wireless service by collocating on a remaining utility pole or
1079 other structure in the right-of-way.
1080 2. For small wireless facilities installed before an
1081 authority adopts requirements that public utility lines be
1082 placed underground, an authority adopting such requirements
1083 must:
1084 a. Allow a wireless provider to maintain the small wireless
1085 facilities in place subject to any applicable pole attachment
1086 agreement with the pole owner; or
1087 b. Allow the wireless provider to replace the associated
1088 pole within 50 feet of the prior location in accordance with
1089 paragraph (r). A wireless provider shall, in relation to a small
1090 wireless facility, utility pole, or wireless support structure
1091 in the public rights-of-way, comply with nondiscriminatory
1092 undergrounding requirements of an authority that prohibit above
1093 ground structures in public rights-of-way. Any such requirements
1094 may be waived by the authority.
1095 (r) An authority may require wireless providers to comply
1096 with objective design standards adopted by ordinance. The
1097 ordinance may only require:
1098 1. A new utility pole that replaces an existing utility
1099 pole to be of substantially similar design, material, and color;
1100 2. Reasonable spacing requirements concerning the location
1101 of a ground-mounted component of a small wireless facility which
1102 does not exceed 15 feet from the associated support structure;
1103 or
1104 3. A small wireless facility to meet reasonable location
1105 context, color, camouflage, and concealment requirements,
1106 subject to the limitations in this subsection; and
1107 4. A new utility pole used to support a small wireless
1108 facility to meet reasonable location context, color, and
1109 material of the predominant utility pole type at the proposed
1110 location of the new utility pole.
1111
1112 Such design standards under this paragraph may be waived by the
1113 authority upon a showing that the design standards are not
1114 reasonably compatible for the particular location of a small
1115 wireless facility or utility pole or are technically infeasible
1116 or that the design standards impose an excessive expense. The
1117 waiver must be granted or denied within 45 days after the date
1118 of the request.
1119 (8)(a) Any person aggrieved by a violation of this section
1120 may bring a civil action in a United States District Court or in
1121 any other court of competent jurisdiction.
1122 (b) The court may:
1123 1. Grant temporary or permanent injunctions on terms as it
1124 may deem reasonable to prevent or restrain violations of this
1125 section; and
1126 2. Direct the recovery of full costs, including awarding
1127 reasonable attorney fees, to the party who prevails.
1128 (9) All work in the authority’s rights-of-way under this
1129 section must comply with the 2017 edition of the Florida
1130 Department of Transportation Utility Accommodation Manual.
1131 Section 3. Nothing in this act shall be construed to delay
1132 the issuance of permits for other utility work, including, but
1133 not limited to, permits related to electricity or gas work in
1134 the rights-of-way.
1135 Section 4. This act shall take effect July 1, 2019.