Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for SB 818
Ì868666[Î868666
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/16/2025 .
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The Committee on Rules (McClain) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 17 - 155
4 and insert:
5 Section 1. Paragraphs (a) and (c) of subsection (3) of
6 section 202.18, Florida Statutes, are amended, and subsection
7 (4) is added to that section, to read:
8 202.18 Allocation and disposition of tax proceeds.—The
9 proceeds of the communications services taxes remitted under
10 this chapter shall be treated as follows:
11 (3)(a) Notwithstanding any law to the contrary, the
12 proceeds of each local communications services tax levied by a
13 municipality or county pursuant to s. 202.19(1) or s. 202.20(1),
14 less 7.5 percent distributed to the Department of Commerce to
15 fund the Utility Relocation Reimbursement Grant Program created
16 in subsection (4) and less the department’s costs of
17 administration, shall be transferred to the Local Communications
18 Services Tax Clearing Trust Fund and held there to be
19 distributed to such municipality or county. However, the
20 proceeds of any communications services tax imposed pursuant to
21 s. 202.19(5) shall be deposited and disbursed in accordance with
22 ss. 212.054 and 212.055. For purposes of this section, the
23 proceeds of any tax levied by a municipality, county, or school
24 board under s. 202.19(1) or s. 202.20(1) are all funds collected
25 and received by the department pursuant to a specific levy
26 authorized by such sections, including any interest and
27 penalties attributable to the tax levy.
28 (c)1. Except as otherwise provided in this paragraph,
29 proceeds of the taxes levied pursuant to s. 202.19, less 7.5
30 percent distributed to the Department of Commerce to fund the
31 Utility Relocation Reimbursement Grant Program created in
32 subsection (4) and less amounts deducted for costs of
33 administration in accordance with paragraph (b), shall be
34 distributed monthly to the appropriate jurisdictions. The
35 proceeds of taxes imposed pursuant to s. 202.19(5) shall be
36 distributed in the same manner as discretionary surtaxes are
37 distributed, in accordance with ss. 212.054 and 212.055.
38 2. The department shall make any adjustments to the
39 distributions pursuant to this section which are necessary to
40 reflect the proper amounts due to individual jurisdictions or
41 trust funds. In the event that the department adjusts amounts
42 due to reflect a correction in the situsing of a customer, such
43 adjustment shall be limited to the amount of tax actually
44 collected from such customer by the dealer of communication
45 services.
46 3.a. Adjustments in distributions which are necessary to
47 correct misallocations between jurisdictions shall be governed
48 by this subparagraph. If the department determines that
49 misallocations between jurisdictions occurred, it shall provide
50 written notice of such determination to all affected
51 jurisdictions. The notice shall include the amount of the
52 misallocations, the basis upon which the determination was made,
53 data supporting the determination, and the identity of each
54 affected jurisdiction. The notice shall also inform all affected
55 jurisdictions of their authority to enter into a written
56 agreement establishing a method of adjustment as described in
57 sub-subparagraph c.
58 b. An adjustment affecting a distribution to a jurisdiction
59 which is less than 90 percent of the average monthly
60 distribution to that jurisdiction for the 6 months immediately
61 preceding the department’s determination, as reported by all
62 communications services dealers, shall be made in the month
63 immediately following the department’s determination that
64 misallocations occurred.
65 c. If an adjustment affecting a distribution to a
66 jurisdiction equals or exceeds 90 percent of the average monthly
67 distribution to that jurisdiction for the 6 months immediately
68 preceding the department’s determination, as reported by all
69 communications services dealers, the affected jurisdictions may
70 enter into a written agreement establishing a method of
71 adjustment. If the agreement establishing a method of adjustment
72 provides for payments of local communications services tax
73 monthly distributions, the amount of any such payment agreed to
74 may not exceed the local communications services tax monthly
75 distributions available to the jurisdiction that was allocated
76 amounts in excess of those to which it was entitled. If affected
77 jurisdictions execute a written agreement specifying a method of
78 adjustment, a copy of the written agreement shall be provided to
79 the department no later than the first day of the month
80 following 90 days after the date the department transmits notice
81 of the misallocation. If the department does not receive a copy
82 of the written agreement within the specified time period, an
83 adjustment affecting a distribution to a jurisdiction made
84 pursuant to this sub-subparagraph shall be prorated over a time
85 period that equals the time period over which the misallocations
86 occurred.
87 (4) There is created within the Department of Commerce a
88 Utility Relocation Reimbursement Grant Program. The purpose of
89 the program is to reimburse providers of communications services
90 which are subject to this chapter for eligible costs incurred in
91 relocating facilities at the request of a county or municipal
92 authority.
93 (a) Beginning October 1, 2025, the department shall deposit
94 the proceeds to be distributed to the Department of Commerce
95 under subsection (3) into an account to fund the Utility
96 Relocation Reimbursement Grant Program. The department shall
97 ensure the transfer of such funds on a monthly basis.
98 (b) The Department of Commerce shall establish by rule all
99 of the following:
100 1. The criteria and process by which service providers may
101 apply for reimbursement.
102 2. The minimum documentation required to verify eligible
103 relocation costs, which may not be excessive or burdensome.
104 3. The timeline for application review and reimbursement
105 disbursement, which may not exceed 90 days from submission.
106 (c) Program funds may be used only to reimburse actual,
107 documented expenses directly attributable to the physical
108 relocation of facilities required by a county or municipal
109 authority. Reimbursement may not be made to a service provider
110 for indirect or administrative costs.
111 (d) Program funds are exempt from s. 215.20 and any
112 interest earnings shall accrue to the program’s fund.
113 Section 2. Subsection (1) of section 337.403, Florida
114 Statutes, is amended, and subsection (4) is added to that
115 section, to read:
116 337.403 Interference caused by utility; expenses.—
117 (1) If a utility that is placed upon, under, over, or
118 within the right-of-way limits of any public road or publicly
119 owned rail corridor is found by the authority to be unreasonably
120 interfering in any way with the convenient, safe, or continuous
121 use, or the maintenance, improvement, extension, or expansion,
122 of such public road or publicly owned rail corridor, the utility
123 owner must shall, within 30 days after upon 30 days’ written
124 notice to the utility or its agent by the authority, initiate
125 the work necessary to alleviate the interference at its own
126 expense except as provided in paragraphs (a)-(k) (a)-(j). The
127 work must be completed within such reasonable time as stated in
128 the notice or such time as agreed to by the authority and the
129 utility owner.
130 (a) If the relocation of utility facilities, as referred to
131 in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
132 84-627, is necessitated by the construction of a project on the
133 federal-aid interstate system, including extensions thereof
134 within urban areas, and the cost of the project is eligible and
135 approved for reimbursement by the Federal Government to the
136 extent of 90 percent or more under the Federal-Aid Highway Act,
137 or any amendment thereof, then in that event the utility owning
138 or operating such facilities must shall perform any necessary
139 work upon notice from the department, and the state must shall
140 pay the entire expense properly attributable to such work after
141 deducting therefrom any increase in the value of a new facility
142 and any salvage value derived from an old facility.
143 (b) When a joint agreement between the department and the
144 utility is executed for utility work to be accomplished as part
145 of a contract for construction of a transportation facility, the
146 department may participate in those utility work costs that
147 exceed the department’s official estimate of the cost of the
148 work by more than 10 percent. The amount of such participation
149 is limited to the difference between the official estimate of
150 all the work in the joint agreement plus 10 percent and the
151 amount awarded for this work in the construction contract for
152 such work. The department may not participate in any utility
153 work costs that occur as a result of changes or additions during
154 the course of the contract.
155 (c) When an agreement between the department and utility is
156 executed for utility work to be accomplished in advance of a
157 contract for construction of a transportation facility, the
158 department may participate in the cost of clearing and grubbing
159 necessary to perform such work.
160 (d) If the utility facility was initially installed to
161 exclusively serve the authority or its tenants, or both, the
162 authority must shall bear the costs of the utility work.
163 However, the authority is not responsible for the cost of
164 utility work related to any subsequent additions to that
165 facility for the purpose of serving others. For a county or
166 municipality, if such utility facility was installed in the
167 right-of-way as a means to serve a county or municipal facility
168 on a parcel of property adjacent to the right-of-way and if the
169 intended use of the county or municipal facility is for a use
170 other than transportation purposes, the obligation of the county
171 or municipality to bear the costs of the utility work shall
172 extend only to utility work on the parcel of property on which
173 the facility of the county or municipality originally served by
174 the utility facility is located.
175 (e) If, under an agreement between a utility and the
176 authority entered into after July 1, 2009, the utility conveys,
177 subordinates, or relinquishes a compensable property right to
178 the authority for the purpose of accommodating the acquisition
179 or use of the right-of-way by the authority, without the
180 agreement expressly addressing future responsibility for the
181 cost of necessary utility work, the authority must shall bear
182 the cost of removal or relocation. This paragraph does not
183 impair or restrict, and may not be used to interpret, the terms
184 of any such agreement entered into before July 1, 2009.
185 (f) If the utility is an electric facility being relocated
186 underground in order to enhance vehicular, bicycle, and
187 pedestrian safety and in which ownership of the electric
188 facility to be placed underground has been transferred from a
189 private to a public utility within the past 5 years, the
190 department must shall incur all costs of the necessary utility
191 work.
192 (g) An authority may bear the costs of utility work
193 required to eliminate an unreasonable interference when the
194 utility is not able to establish that it has a compensable
195 property right in the particular property where the utility is
196 located if:
197 1. The utility was physically located on the particular
198 property before the authority acquired rights in the property;
199 2. The utility demonstrates that it has a compensable
200 property right in adjacent properties along the alignment of the
201 utility or, after due diligence, certifies that the utility does
202 not have evidence to prove or disprove that it has a compensable
203 property right in the particular property where the utility is
204 located; and
205 3. The information available to the authority does not
206 establish the relative priorities of the authority’s and the
207 utility’s interests in the particular property.
208 (h) If a municipally owned utility or county-owned utility
209 is located in a rural area of opportunity, as defined in s.
210 288.0656(2), and the department determines that the utility is
211 unable, and will not be able within the next 10 years, to pay
212 for the cost of utility work necessitated by a department
213 project on the State Highway System, the department may pay, in
214 whole or in part, the cost of such utility work performed by the
215 department or its contractor.
216 (i) If the relocation of utility facilities is necessitated
217 by the construction of a commuter rail service project or an
218 intercity passenger rail service project and the cost of the
219 project is eligible and approved for reimbursement by the
220 Federal Government, then in that event the utility owning or
221 operating such facilities located by permit on a department
222 owned rail corridor must shall perform any necessary utility
223 relocation work upon notice from the department, and the
224 department must shall pay the expense properly attributable to
225 such utility relocation work in the same proportion as federal
226 funds are expended on the commuter rail service project or an
227 intercity passenger rail service project after deducting
228 therefrom any increase in the value of a new facility and any
229 salvage value derived from an old facility. In no event is shall
230 the state be required to use state dollars for such utility
231 relocation work. This paragraph does not apply to any phase of
232 the Central Florida Commuter Rail project, known as SunRail.
233 (j) If a utility is lawfully located within an existing and
234 valid utility easement granted by recorded plat, regardless of
235 whether such land was subsequently acquired by the authority by
236 dedication, transfer of fee, or otherwise, the authority must
237 bear the cost of the utility work required to eliminate an
238 unreasonable interference. The authority shall pay the entire
239 expense properly attributable to such work after deducting any
240 increase in the value of a new facility and any salvage value
241 derived from an old facility.
242 (k)1. Except as provided in subparagraph 2., if the
243 authority requires a provider of communications services which
244 is subject to chapter 202 to relocate a facility used to provide
245 such communications services, the service provider owning or
246 operating such facility must perform any necessary work upon
247 notice from the authority. The authority requiring the
248 relocation shall pay the entire expense properly attributable to
249 such work.
250 2. If a county or municipal authority requires a provider
251 of communications services which is subject to chapter 202 to
252 relocate a facility used to provide such communications
253 services, the service provider owning or operating such facility
254 must perform any necessary work upon notice from the authority.
255 The county or municipal authority requiring such relocation is
256 not responsible for paying the expense of such work. The service
257 provider may apply for reimbursement of relocation expenses from
258 the Utility Relocation Reimbursement Grant Program pursuant to
259 s. 202.18(4), subject to the availability of funds and in
260 compliance with the requirements of the program.
261 (4) Notwithstanding paragraph (1)(k), a department shall
262 notify providers of communications services that are subject to
263 chapter 202 which have permitted infrastructure within a planned
264 or existing public right-of-way within 90 days after a project
265 is added to the department’s project schedule which may require
266 the provider to relocate its infrastructure for roadway
267 improvements to increase safety or reduce congestion. For
268 purposes of this subsection, the term “department” means the
269 Department of Transportation or an agency of the state created
270 under chapter 348 or chapter 349.
271 (a) The notification provided under this subsection must
272 include an estimated project schedule and timeline, including
273 the anticipated year of construction.
274 (b) Within 90 days after receipt of the notification, the
275 provider shall respond to the department with an estimated
276 timeframe and project cost for the relocation of the provider’s
277 infrastructure. The response must include a draft relocation
278 schedule within or adjacent to the existing or planned public
279 right-of-way.
280 (c) Notwithstanding any other provision of this section,
281 the department shall provide a reasonable offer for joint
282 participation in relocation costs, so long as the provider
283 begins work within a mutually agreed upon timeframe and, if the
284 infrastructure relocation is a result of roadway improvements
285 within the public right-of-way to increase safety or reduce
286 congestion and the impacted infrastructure was, at the time of
287 notification under this subsection, installed within the past 7
288 state fiscal years, the department must incur at least 50
289 percent of the costs for relocation work as described in a joint
290 participation agreement.
291 (d) This subsection may not be construed to prevent a
292 department from pursuing the additional relocation processes,
293 agreements, or payment options authorized under this section or
294 to prevent a provider from using grant funds provided through
295 other government sources to support all or a portion of the
296 relocation costs.
297
298 ================= T I T L E A M E N D M E N T ================
299 And the title is amended as follows:
300 Delete lines 3 - 10
301 and insert:
302 202.18, F.S.; requiring that a specified percentage of
303 a local communications services tax levied by
304 municipalities and counties be distributed to the
305 Department of Commerce to fund a Utility Relocation
306 Reimbursement Grant Program; creating the program
307 within the department; providing the purpose of the
308 program; requiring the Department of Revenue to
309 deposit certain proceeds into an account to fund the
310 program beginning on a certain date; requiring the
311 Department of Commerce to establish program
312 requirements by rule; authorizing certain uses of
313 program funds; exempting program funds from a certain
314 service charge; providing that interest earned on
315 program funds accrues to the program’s fund; amending
316 s. 337.403, F.S.; requiring a service provider to
317 perform communications services facility relocation
318 work under certain circumstances; requiring the
319 authority to pay the expense properly attributable to
320 such work; providing an exception for county and
321 municipal authorities; authorizing a service provider
322 to apply to the Utility Relocation Reimbursement Grant
323 Program for reimbursement of relocation expenses;
324 requiring a department to notify certain providers of
325 communications services of certain projects within a
326 specified timeframe; defining the term “department”;
327 providing notification requirements; requiring a
328 provider to respond to the notification with certain
329 information within a specified timeframe; requiring a
330 department to provide a reasonable offer for joint
331 participation in certain relocation costs under
332 certain conditions; providing construction; amending
333 s. 125.42, F.S.; conforming a