Florida Senate - 2022                                    SB 1754
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01679-22                                           20221754__
    1                        A bill to be entitled                      
    2         An act relating to local government communications
    3         services; amending s. 125.421, F.S.; removing
    4         provisions which require counties and entities of
    5         local government to pay ad valorem taxes or fees under
    6         specified conditions on certain telecommunications
    7         facilities; removing a waiver on immunity on taxation
    8         of property for counties or entities of local
    9         government under such circumstances; amending s.
   10         166.047, F.S.; removing provisions which require
   11         municipalities and entities of local government to pay
   12         ad valorem taxes or fees under specified conditions on
   13         certain telecommunications facilities; removing a
   14         waiver on immunity on taxation of property for
   15         municipalities or entities of local government under
   16         such circumstances; amending ss. 196.012 and 199.183,
   17         F.S.; removing provisions prohibiting property and use
   18         of two-way telecommunications services under specified
   19         circumstances from receiving certain tax exemptions;
   20         amending s. 212.08, F.S.; removing provisions
   21         prohibiting sales, rental, use, consumption, or
   22         storage for use of two-way telecommunications services
   23         under specified circumstances from receiving a certain
   24         tax exemption; removing a waiver on immunity on
   25         taxation of property for political subdivisions or
   26         entities of local government under such circumstances;
   27         amending s. 350.81, F.S.; removing provisions that
   28         identify procedures which must be followed by
   29         governmental entities before providing communications
   30         services; removing a requirement for the Department of
   31         Revenue to send a specified notice; removing
   32         provisions relating to the use of certain revenues to
   33         issue bonds to finance communications services;
   34         removing provisions which provide certain procedures
   35         if revenues do not exceed operating costs after a
   36         specified time period; removing provisions exempting
   37         certain governmental entities from certain
   38         requirements relating to telecommunications services;
   39         removing a provision specifying that certain airport
   40         authorities or other governmental entities are not
   41         exempt from certain procedural requirements relating
   42         to telecommunications services; providing an effective
   43         date.
   44          
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Section 125.421, Florida Statutes, is amended to
   48  read:
   49         125.421 Telecommunications services.—A telecommunications
   50  company that is a county or other entity of local government may
   51  obtain or hold a certificate required by chapter 364, and the
   52  obtaining or holding of said certificate serves a public purpose
   53  only if the county or other entity of local government:
   54         (1) Separately accounts for the revenues, expenses,
   55  property, and source of investment dollars associated with the
   56  provision of such service; and
   57         (2) Is subject, without exemption, to all local
   58  requirements applicable to telecommunications companies; and
   59         (3)Notwithstanding any other provision of law, pays, on
   60  its telecommunications facilities used to provide two-way
   61  telecommunication services to the public for hire and for which
   62  a certificate is required under chapter 364, ad valorem taxes,
   63  or fees in amounts equal thereto, to any taxing jurisdiction in
   64  which the county or other entity of local government operates.
   65  Any entity of local government may pay and impose such ad
   66  valorem taxes or fees. Any immunity of any county or other
   67  entity of local government from taxation of the property taxed
   68  by this section is hereby waived.
   69  
   70  This section does not apply to the provision of
   71  telecommunications services for internal operational needs of a
   72  county or other entity of local government. This section does
   73  not apply to the provision of internal information services,
   74  including, but not limited to, tax records, engineering records,
   75  and property records, by a county or other entity of local
   76  government to the public for a fee.
   77         Section 2. Section 166.047, Florida Statutes, is amended to
   78  read:
   79         166.047 Telecommunications services.—A telecommunications
   80  company that is a municipality or other entity of local
   81  government may obtain or hold a certificate required by chapter
   82  364, and the obtaining or holding of said certificate serves a
   83  municipal or public purpose under the provision of s. 2(b), Art.
   84  VIII of the State Constitution, only if the municipality or
   85  other entity of local government:
   86         (1) Separately accounts for the revenues, expenses,
   87  property, and source of investment dollars associated with the
   88  provision of such services; and
   89         (2) Is subject, without exemption, to all local
   90  requirements applicable to telecommunications companies; and
   91         (3)Notwithstanding any other provision of law, pays, on
   92  its telecommunications facilities used to provide two-way
   93  telecommunications services to the public for hire and for which
   94  a certificate is required pursuant to chapter 364, ad valorem
   95  taxes, or fees in amounts equal thereto, to any taxing
   96  jurisdiction in which the municipality or other entity of local
   97  government operates. Any entity of local government may pay and
   98  impose such ad valorem taxes or fees.
   99  
  100  This section does not apply to the provision of
  101  telecommunications services for internal operational needs of a
  102  municipality or other entity of local government. This section
  103  does not apply to the provision of internal information
  104  services, including, but not limited to, tax records,
  105  engineering records, and property records, by a municipality or
  106  other entity of local government to the public for a fee.
  107         Section 3. Subsection (6) of section 196.012, Florida
  108  Statutes, is amended to read:
  109         196.012 Definitions.—For the purpose of this chapter, the
  110  following terms are defined as follows, except where the context
  111  clearly indicates otherwise:
  112         (6) Governmental, municipal, or public purpose or function
  113  shall be deemed to be served or performed when the lessee under
  114  any leasehold interest created in property of the United States,
  115  the state or any of its political subdivisions, or any
  116  municipality, agency, special district, authority, or other
  117  public body corporate of the state is demonstrated to perform a
  118  function or serve a governmental purpose which could properly be
  119  performed or served by an appropriate governmental unit or which
  120  is demonstrated to perform a function or serve a purpose which
  121  would otherwise be a valid subject for the allocation of public
  122  funds. For purposes of the preceding sentence, an activity
  123  undertaken by a lessee which is permitted under the terms of its
  124  lease of real property designated as an aviation area on an
  125  airport layout plan which has been approved by the Federal
  126  Aviation Administration and which real property is used for the
  127  administration, operation, business offices and activities
  128  related specifically thereto in connection with the conduct of
  129  an aircraft full service fixed base operation which provides
  130  goods and services to the general aviation public in the
  131  promotion of air commerce shall be deemed an activity which
  132  serves a governmental, municipal, or public purpose or function.
  133  Any activity undertaken by a lessee which is permitted under the
  134  terms of its lease of real property designated as a public
  135  airport as defined in s. 332.004(14) by municipalities,
  136  agencies, special districts, authorities, or other public bodies
  137  corporate and public bodies politic of the state, a spaceport as
  138  defined in s. 331.303, or which is located in a deepwater port
  139  identified in s. 403.021(9)(b) and owned by one of the foregoing
  140  governmental units, subject to a leasehold or other possessory
  141  interest of a nongovernmental lessee that is deemed to perform
  142  an aviation, airport, aerospace, maritime, or port purpose or
  143  operation shall be deemed an activity that serves a
  144  governmental, municipal, or public purpose. The use by a lessee,
  145  licensee, or management company of real property or a portion
  146  thereof as a convention center, visitor center, sports facility
  147  with permanent seating, concert hall, arena, stadium, park, or
  148  beach is deemed a use that serves a governmental, municipal, or
  149  public purpose or function when access to the property is open
  150  to the general public with or without a charge for admission. If
  151  property deeded to a municipality by the United States is
  152  subject to a requirement that the Federal Government, through a
  153  schedule established by the Secretary of the Interior, determine
  154  that the property is being maintained for public historic
  155  preservation, park, or recreational purposes and if those
  156  conditions are not met the property will revert back to the
  157  Federal Government, then such property shall be deemed to serve
  158  a municipal or public purpose. The term “governmental purpose”
  159  also includes a direct use of property on federal lands in
  160  connection with the Federal Government’s Space Exploration
  161  Program or spaceport activities as defined in s. 212.02(22).
  162  Real property and tangible personal property owned by the
  163  Federal Government or Space Florida and used for defense and
  164  space exploration purposes or which is put to a use in support
  165  thereof shall be deemed to perform an essential national
  166  governmental purpose and shall be exempt. “Owned by the lessee”
  167  as used in this chapter does not include personal property,
  168  buildings, or other real property improvements used for the
  169  administration, operation, business offices and activities
  170  related specifically thereto in connection with the conduct of
  171  an aircraft full service fixed based operation which provides
  172  goods and services to the general aviation public in the
  173  promotion of air commerce provided that the real property is
  174  designated as an aviation area on an airport layout plan
  175  approved by the Federal Aviation Administration. For purposes of
  176  determination of “ownership,” buildings and other real property
  177  improvements which will revert to the airport authority or other
  178  governmental unit upon expiration of the term of the lease shall
  179  be deemed “owned” by the governmental unit and not the lessee.
  180  Providing two-way telecommunications services to the public for
  181  hire by the use of a telecommunications facility, as defined in
  182  s. 364.02(14), and for which a certificate is required under
  183  chapter 364 does not constitute an exempt use for purposes of s.
  184  196.199, unless the telecommunications services are provided by
  185  the operator of a public-use airport, as defined in s. 332.004,
  186  for the operator’s provision of telecommunications services for
  187  the airport or its tenants, concessionaires, or licensees, or
  188  unless the telecommunications services are provided by a public
  189  hospital.
  190         Section 4. Subsection (1) of section 199.183, Florida
  191  Statutes, is amended to read:
  192         199.183 Taxpayers exempt from nonrecurring taxes.—
  193         (1) Intangible personal property owned by this state or any
  194  of its political subdivisions or municipalities shall be exempt
  195  from taxation under this chapter. Intangible personal property
  196  related to the provision of telecommunications services provided
  197  by the operator of a public-use airport, as defined in s.
  198  332.004, for the operator’s provision of telecommunications
  199  services for the airport or its tenants, concessionaires, or
  200  licensees, and intangible personal property related to the
  201  provision of telecommunications services provided by a public
  202  hospital, are exempt from taxation under this chapter. This
  203  exemption does not apply to:
  204         (a) any leasehold or other interest that is described in s.
  205  199.023(1)(d), Florida Statutes 2005; or
  206         (b)Property related to the provision of two-way
  207  telecommunications services to the public for hire by the use of
  208  a telecommunications facility, as defined in s. 364.02(14), and
  209  for which a certificate is required under chapter 364, when the
  210  service is provided by any county, municipality, or other
  211  political subdivision of the state. Any immunity of any
  212  political subdivision of the state or other entity of local
  213  government from taxation of the property used to provide
  214  telecommunication services that is taxed as a result of this
  215  paragraph is hereby waived. However, intangible personal
  216  property related to the provision of telecommunications services
  217  provided by the operator of a public-use airport, as defined in
  218  s. 332.004, for the operator’s provision of telecommunications
  219  services for the airport or its tenants, concessionaires, or
  220  licensees, and intangible personal property related to the
  221  provision of telecommunications services provided by a public
  222  hospital, are exempt from taxation under this chapter.
  223         Section 5. Paragraph (a) of subsection (6) of section
  224  212.08, Florida Statutes, is amended to read:
  225         212.08 Sales, rental, use, consumption, distribution, and
  226  storage tax; specified exemptions.—The sale at retail, the
  227  rental, the use, the consumption, the distribution, and the
  228  storage to be used or consumed in this state of the following
  229  are hereby specifically exempt from the tax imposed by this
  230  chapter.
  231         (6) EXEMPTIONS; POLITICAL SUBDIVISIONS.—
  232         (a) There are also exempt from the tax imposed by this
  233  chapter sales made to the United States Government, a state, or
  234  any county, municipality, or political subdivision of a state
  235  when payment is made directly to the dealer by the governmental
  236  entity. This exemption shall not inure to any transaction
  237  otherwise taxable under this chapter when payment is made by a
  238  government employee by any means, including, but not limited to,
  239  cash, check, or credit card when that employee is subsequently
  240  reimbursed by the governmental entity. This exemption does not
  241  include sales, rental, use, consumption, or storage for use in
  242  any political subdivision or municipality in this state of
  243  machines and equipment and parts and accessories therefor used
  244  in the generation, transmission, or distribution of electrical
  245  energy by systems owned and operated by a political subdivision
  246  in this state for transmission or distribution expansion.
  247  Likewise exempt are charges for services rendered by radio and
  248  television stations, including line charges, talent fees, or
  249  license fees and charges for films, videotapes, and
  250  transcriptions used in producing radio or television broadcasts.
  251  The exemption provided in this subsection does not include
  252  sales, rental, use, consumption, or storage for use in any
  253  political subdivision or municipality in this state of machines
  254  and equipment and parts and accessories therefor used in
  255  providing two-way telecommunications services to the public for
  256  hire by the use of a telecommunications facility, as defined in
  257  s. 364.02(14), and for which a certificate is required under
  258  chapter 364, which facility is owned and operated by any county,
  259  municipality, or other political subdivision of the state. Any
  260  immunity of any political subdivision of the state or other
  261  entity of local government from taxation of the property used to
  262  provide telecommunication services that is taxed as a result of
  263  this section is hereby waived. However, the exemption provided
  264  in this subsection includes transactions taxable under this
  265  chapter which are for use by the operator of a public-use
  266  airport, as defined in s. 332.004, in providing such
  267  telecommunications services for the airport or its tenants,
  268  concessionaires, or licensees, or which are for use by a public
  269  hospital for the provision of such telecommunications services.
  270         Section 6. Paragraphs (a) through (e), (k), and (l) of
  271  subsection (2), and subsections (4) and (6) of section 350.81,
  272  Florida Statutes, are amended to read:
  273         350.81 Communications services offered by governmental
  274  entities.—
  275         (2)(a) A governmental entity that proposes to provide a
  276  communications service shall hold no less than two public
  277  hearings, which shall be held not less than 30 days apart. At
  278  least 30 days before the first of the two public hearings, The
  279  governmental entity must give notice of the hearing in the
  280  predominant newspaper of general circulation in the area
  281  considered for service. At least 40 days before the first public
  282  hearing, the governmental entity must electronically provide
  283  notice to the Department of Revenue and the Public Service
  284  Commission, which shall post the notice on the department’s and
  285  the commission’s website to be available to the public. The
  286  Department of Revenue shall also send the notice by United
  287  States Postal Service to the known addresses for all dealers of
  288  communications services registered with the department under
  289  chapter 202 or provide an electronic notification, if the means
  290  are available, within 10 days after receiving the notice. The
  291  notice must include the time and place of the hearings and must
  292  state that the purpose of the hearings is to consider whether
  293  the governmental entity will provide communications services.
  294  The notice must include, at a minimum, the geographic areas
  295  proposed to be served by the governmental entity and the
  296  services, if any, which the governmental entity believes are not
  297  currently being adequately provided. The notice must also state
  298  that any dealer who wishes to do so may appear and be heard at
  299  the public hearings.
  300         (b) At a public hearing required by this subsection, a
  301  governmental entity must, at a minimum, consider:
  302         1. Whether the service that is proposed to be provided is
  303  currently being offered in the community and, if so, whether the
  304  service is generally available throughout the community.
  305         2. Whether a similar service is currently being offered in
  306  the community and, if so, whether the service is generally
  307  available throughout the community.
  308         3. If the same or similar service is not currently offered,
  309  whether any other service provider proposes to offer the same or
  310  a similar service and, if so, what assurances that service
  311  provider is willing or able to offer regarding the same or
  312  similar service.
  313         3.4. The capital investment required by the government
  314  entity to provide the communications service, the estimated
  315  realistic cost of operation and maintenance and, using a full
  316  cost-accounting method, the estimated realistic revenues and
  317  expenses of providing the service and the proposed method of
  318  financing.
  319         4.5. The private and public costs and benefits of providing
  320  the service by a private entity or a governmental entity,
  321  including the affect on existing and future jobs, actual
  322  economic development prospects, tax-base growth, education, and
  323  public health.
  324         (c) At one or more of the public hearings under this
  325  subsection, the governmental entity must make available to the
  326  public a written business plan for the proposed communications
  327  service venture containing, at a minimum:
  328         1.The projected number of subscribers to be served by the
  329  venture.
  330         2.The geographic area to be served by the venture.
  331         3.The types of communications services to be provided.
  332         4.A plan to ensure that revenues exceed operating expenses
  333  and payment of principal and interest on debt within 4 years.
  334         5.Estimated capital and operational costs and revenues for
  335  the first 4 years.
  336         6.Projected network modernization and technological
  337  upgrade plans, including estimated costs.
  338         (d) After making specific findings regarding the factors in
  339  paragraphs (b) and (c), The governmental entity may authorize
  340  providing a communications service by a majority recorded vote
  341  and by resolution, ordinance, or other formal means of adoption.
  342         (e)1. The governing body of a governmental entity may issue
  343  one or more bonds to finance the capital costs for facilities to
  344  provide a communications service. However:
  345         1.A governmental entity may only pledge revenues in
  346  support of the issuance of any bond to finance providing a
  347  communications service:
  348         a.Within the county in which the governmental entity is
  349  located;
  350         b.Within an area in which the governmental entity provides
  351  electric service outside its home county under an electric
  352  service territorial agreement approved by the Public Service
  353  Commission before the effective date of this act; or
  354         c.If the governmental entity is a municipality or special
  355  district, within its corporate limits or in an area in which the
  356  municipality or special district provides water, wastewater,
  357  electric, or natural gas service, or within an urban service
  358  area designated in a comprehensive plan, whichever is larger,
  359  unless the municipality or special district obtains the consent
  360  by formal action of the governmental entity within the
  361  boundaries of which the municipality or special district
  362  proposes to provide service. For consent to be effective, any
  363  governmental entity from which consent is sought shall be
  364  located within the county in which the governmental entity is
  365  located or that county.
  366         2. Revenue bonds issued in order to finance providing a
  367  communications service are not subject to the approval of the
  368  electors if the revenue bonds mature within 15 years. Revenue
  369  bonds issued to finance providing a communications service that
  370  does not mature within 15 years must be approved by the
  371  electors. The election must be conducted as specified in chapter
  372  100.
  373         (k) The governmental entity shall conduct an annual review
  374  at a formal public meeting to consider the progress the
  375  governmental entity is making toward reaching its business plan
  376  goals and objectives for providing communication services. At
  377  the public meeting the governmental entity shall review the
  378  related revenues, operating expenses, and payment of interest on
  379  debt.
  380         (l)If, after 4 years following the initiation of the
  381  provision of communications services by a governmental entity or
  382  4 years after the effective date of this act, whichever is
  383  later, revenues do not exceed operating expenses and payment of
  384  principal and interest on the debt for a governmental entity’s
  385  provision of communications services, no later than 60 days
  386  following the end of the 4-year period a governmental entity
  387  shall hold a public hearing at which the governmental entity
  388  shall do at least one of the following:
  389         1.Approve a plan to cease providing communications
  390  services;
  391         2.Approve a plan to dispose of the system the governmental
  392  entity is using to provide communications services and,
  393  accordingly, to cease providing communications services;
  394         3.Approve a plan to create a partnership with a private
  395  entity in order to achieve operations in which revenues exceed
  396  operating expenses and payment of principal and interest on
  397  debt; or
  398         4.Approve the continuing provision of communications
  399  services by a majority vote of the governing body of the
  400  governing authority.
  401         (4)(a) If a governmental entity was providing, as of April
  402  1, 2005, advanced services, cable services, or
  403  telecommunications services, then it is not required to comply
  404  with paragraph (2)(a), paragraph (2)(b), paragraph (2)(c),
  405  paragraph (2)(d), sub-subparagraph (2)(e)1.c., paragraph (2)(f),
  406  or paragraph (2)(k) in order to continue to provide advanced
  407  services, cable services, or telecommunications services,
  408  respectively, but it must comply with and be subject to all
  409  other provisions of this section.
  410         (b) If a governmental entity, as of April 1, 2005, had
  411  issued debt pledging revenues from an advanced service, cable
  412  service, or telecommunications service, then it is not required
  413  to comply with paragraph (2)(a), paragraph (2)(b), paragraph
  414  (2)(c), paragraph (2)(d), sub-subparagraph (2)(e)1.c., paragraph
  415  (2)(f), or paragraph (2)(k) in order to provide advanced
  416  services, cable services, or telecommunications services,
  417  respectively, but it must comply with and be subject to all
  418  other provisions of this section.
  419         (c) If a governmental entity, as of April 1, 2005, has
  420  purchased equipment specifically for the provisioning of
  421  advanced service, cable service, or telecommunication service,
  422  and, as of May 6, 2005, has a population of less than 7,500, and
  423  has authorized by formal action the providing of an advanced
  424  service, cable service, or telecommunication service, then it is
  425  not required to comply with paragraph (2)(a), paragraph (2)(b),
  426  paragraph (2)(c), paragraph (2)(d), sub-subparagraph (2)(e)1.c.,
  427  paragraph (2)(f), or paragraph (2)(k) in order to provide
  428  advanced service, cable service, or telecommunication service,
  429  respectively, but it must comply with and be subject to all
  430  other provisions of this section.
  431  
  432  This subsection does not relieve a governmental entity from
  433  complying with subsection (5).
  434         (6) To ensure the safe and secure transportation of
  435  passengers and freight through an airport facility, as defined
  436  in s. 159.27(17), an airport authority or other governmental
  437  entity that provides or is proposing to provide communications
  438  services only within the boundaries of its airport layout plan,
  439  as defined in s. 333.01(6), to subscribers which are integral
  440  and essential to the safe and secure transportation of
  441  passengers and freight through the airport facility, is exempt
  442  from this section. An airport authority or other governmental
  443  entity that provides or is proposing to provide shared-tenant
  444  service under s. 364.339, but not dial tone enabling subscribers
  445  to complete calls outside the airport layout plan, to one or
  446  more subscribers within its airport layout plan which are not
  447  integral and essential to the safe and secure transportation of
  448  passengers and freight through the airport facility is exempt
  449  from this section. An airport authority or other governmental
  450  entity that provides or is proposing to provide communications
  451  services to one or more subscribers within its airport layout
  452  plan which are not integral and essential to the safe and secure
  453  transportation of passengers and freight through the airport
  454  facility, or to one or more subscribers outside its airport
  455  layout plan, is not exempt from this section. By way of example
  456  and not limitation, the integral, essential subscribers may
  457  include airlines and emergency service entities, and the
  458  nonintegral, nonessential subscribers may include retail shops,
  459  restaurants, hotels, or rental car companies.
  460         Section 7. This act shall take effect July 1, 2022.