Bill Text: FL S1752 | 2022 | Regular Session | Introduced


Bill Title: Communications Services

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2022-03-14 - Died in Regulated Industries [S1752 Detail]

Download: Florida-2022-S1752-Introduced.html
       Florida Senate - 2022                                    SB 1752
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01723-22                                           20221752__
    1                        A bill to be entitled                      
    2         An act relating to communications services; amending
    3         s. 337.401, F.S.; removing certain communications
    4         services lines as items over which certain
    5         governmental entities are authorized to prescribe and
    6         enforce reasonable rules and regulations; removing
    7         time restrictions placed upon certain counties and
    8         municipalities for processing certain permit
    9         applications; removing provisions that specify
   10         limitations and prohibitions on municipalities and
   11         counties relating to registrations and renewals of
   12         communications services providers; removing provisions
   13         that authorize municipalities and counties to require
   14         certain information as part of a registration;
   15         removing provisions that prohibit municipalities and
   16         counties from requiring a payment of fees, costs, or
   17         charges for provider registration or renewal; removing
   18         provisions that prohibit municipalities and counties
   19         from adopting or enforcing certain ordinances,
   20         regulations, or requirements; removing limitations on
   21         municipal and county authority to regulate and manage
   22         municipal and county roads or rights-of-way; removing
   23         provisions that prohibit certain municipalities and
   24         counties from imposing permit fees; removing
   25         provisions that specify activities for which permit
   26         fees may not be imposed; removing the requirement that
   27         enforcement of certain ordinances must be suspended
   28         until certain conditions are met; removing a condition
   29         for certain in-kind compensation; revising items over
   30         which municipalities and counties may exercise
   31         regulatory control; removing provisions for
   32         requirements relating to right-of-way permits;
   33         removing provisions relating to municipal and county
   34         authority over pass-through providers; deleting
   35         references to, and administration and provisions of,
   36         the Advanced Wireless Infrastructure Deployment Act;
   37         removing a provision authorizing a civil action for
   38         specified violations; removing certain actions a court
   39         may take; removing provisions that require that work
   40         in certain authority rights-of-way must comply with a
   41         specified document; providing an effective date.
   42          
   43  Be It Enacted by the Legislature of the State of Florida:
   44  
   45         Section 1. Paragraph (a) of subsection (1), subsections (2)
   46  and (3), paragraph (d) of subsection (6), and subsections (7),
   47  (8), and (9) of section 337.401, Florida Statutes, are amended
   48  to read:
   49         337.401 Use of right-of-way for utilities subject to
   50  regulation; permit; fees.—
   51         (1)(a) The department and local governmental entities,
   52  referred to in this section and in ss. 337.402, 337.403, and
   53  337.404 as the “authority,” that have jurisdiction and control
   54  of public roads or publicly owned rail corridors are authorized
   55  to prescribe and enforce reasonable rules or regulations with
   56  reference to the placing and maintaining across, on, or within
   57  the right-of-way limits of any road or publicly owned rail
   58  corridors under their respective jurisdictions any electric
   59  transmission, voice, telegraph, data, or other communications
   60  services lines or wireless facilities; pole lines; poles;
   61  railways; ditches; sewers; water, heat, or gas mains; pipelines;
   62  fences; gasoline tanks and pumps; or other structures referred
   63  to in this section and in ss. 337.402, 337.403, and 337.404 as
   64  the “utility.” The department may enter into a permit-delegation
   65  agreement with a governmental entity if issuance of a permit is
   66  based on requirements that the department finds will ensure the
   67  safety and integrity of facilities of the Department of
   68  Transportation; however, the permit-delegation agreement does
   69  not apply to facilities of electric utilities as defined in s.
   70  366.02(2).
   71         (2) The authority may grant to any person who is a resident
   72  of this state, or to any corporation which is organized under
   73  the laws of this state or licensed to do business within this
   74  state, the use of a right-of-way for the utility in accordance
   75  with such rules or regulations as the authority may adopt. A
   76  utility may not be installed, located, or relocated unless
   77  authorized by a written permit issued by the authority. However,
   78  for public roads or publicly owned rail corridors under the
   79  jurisdiction of the department, a utility relocation schedule
   80  and relocation agreement may be executed in lieu of a written
   81  permit. The permit must require the permitholder to be
   82  responsible for any damage resulting from the issuance of such
   83  permit. The authority may initiate injunctive proceedings as
   84  provided in s. 120.69 to enforce provisions of this subsection
   85  or any rule or order issued or entered into pursuant thereto. A
   86  permit application required under this subsection by a county or
   87  municipality having jurisdiction and control of the right-of-way
   88  of any public road must be processed and acted upon in
   89  accordance with the timeframes provided in subparagraphs
   90  (7)(d)7., 8., and 9.
   91         (3)(a) Because of the unique circumstances applicable to
   92  providers of communications services, including, but not limited
   93  to, the circumstances described in paragraph (e) and the fact
   94  that federal and state law require the nondiscriminatory
   95  treatment of providers of telecommunications services, and
   96  because of the desire to promote competition among providers of
   97  communications services, it is the intent of the Legislature
   98  that municipalities and counties treat providers of
   99  communications services in a nondiscriminatory and competitively
  100  neutral manner when imposing rules or regulations governing the
  101  placement or maintenance of communications facilities in the
  102  public roads or rights-of-way. Rules or regulations imposed by a
  103  municipality or county relating to providers of communications
  104  services placing or maintaining communications facilities in its
  105  roads or rights-of-way must be generally applicable to all
  106  providers of communications services, taking into account the
  107  distinct engineering, construction, operation, maintenance,
  108  public works, and safety requirements of the provider’s
  109  facilities, and, notwithstanding any other law, may not require
  110  a provider of communications services to apply for or enter into
  111  an individual license, franchise, or other agreement with the
  112  municipality or county as a condition of placing or maintaining
  113  communications facilities in its roads or rights-of-way. In
  114  addition to other reasonable rules or regulations that a
  115  municipality or county may adopt relating to the placement or
  116  maintenance of communications facilities in its roads or rights
  117  of-way under this subsection or subsection (7), a municipality
  118  or county may require a provider of communications services that
  119  places or seeks to place facilities in its roads or rights-of
  120  way to register with the municipality or county. To register, a
  121  provider of communications services may be required only to
  122  provide its name; the name, address, and telephone number of a
  123  contact person for the registrant; the number of the
  124  registrant’s current certificate of authorization issued by the
  125  Florida Public Service Commission, the Federal Communications
  126  Commission, or the Department of State; a statement of whether
  127  the registrant is a pass-through provider as defined in
  128  subparagraph (6)(a)1.; the registrant’s federal employer
  129  identification number; and any required proof of insurance or
  130  self-insuring status adequate to defend and cover claims. A
  131  municipality or county may not require a registrant to renew a
  132  registration more frequently than every 5 years but may require
  133  during this period that a registrant update the registration
  134  information provided under this subsection within 90 days after
  135  a change in such information. A municipality or county may not
  136  require the registrant to provide an inventory of communications
  137  facilities, maps, locations of such facilities, or other
  138  information by a registrant as a condition of registration,
  139  renewal, or for any other purpose; provided, however, that a
  140  municipality or county may require as part of a permit
  141  application that the applicant identify at-grade communications
  142  facilities within 50 feet of the proposed installation location
  143  for the placement of at-grade communications facilities. A
  144  municipality or county may not require a provider to pay any
  145  fee, cost, or other charge for registration or renewal thereof.
  146  It is the intent of the Legislature that the placement,
  147  operation, maintenance, upgrading, and extension of
  148  communications facilities not be unreasonably interrupted or
  149  delayed through the permitting or other local regulatory
  150  process. Except as provided in this chapter or otherwise
  151  expressly authorized by chapter 202, chapter 364, or chapter
  152  610, a municipality or county may not adopt or enforce any
  153  ordinance, regulation, or requirement as to the placement or
  154  operation of communications facilities in a right-of-way by a
  155  communications services provider authorized by state or local
  156  law to operate in a right-of-way; regulate any communications
  157  services; or impose or collect any tax, fee, cost, charge, or
  158  exaction for the provision of communications services over the
  159  communications services provider’s communications facilities in
  160  a right-of-way.
  161         (b) Registration described in paragraph (a) does not
  162  establish a right to place or maintain, or priority for the
  163  placement or maintenance of, a communications facility in roads
  164  or rights-of-way of a municipality or county. Each municipality
  165  and county retains the authority to regulate and manage
  166  municipal and county roads or rights-of-way in exercising its
  167  police power, subject to the limitations imposed in this section
  168  and chapters 202 and 610. Any rules or regulations adopted by a
  169  municipality or county which govern the occupation of its roads
  170  or rights-of-way by providers of communications services must be
  171  related to the placement or maintenance of facilities in such
  172  roads or rights-of-way, must be reasonable and
  173  nondiscriminatory, and may include only those matters necessary
  174  to manage the roads or rights-of-way of the municipality or
  175  county.
  176         (c) Any municipality or county that, as of January 1, 2019,
  177  elected to require permit fees from any provider of
  178  communications services that uses or occupies municipal or
  179  county roads or rights-of-way pursuant to former paragraph (c)
  180  or former paragraph (j), Florida Statutes 2018, may continue to
  181  require and collect such fees. A municipality or county that
  182  elected as of January 1, 2019, to require permit fees may elect
  183  to forego such fees as provided herein. A municipality or county
  184  that elected as of January 1, 2019, not to require permit fees
  185  may not elect to impose permit fees. All fees authorized under
  186  this paragraph must be reasonable and commensurate with the
  187  direct and actual cost of the regulatory activity, including
  188  issuing and processing permits, plan reviews, physical
  189  inspection, and direct administrative costs; must be
  190  demonstrable; and must be equitable among users of the roads or
  191  rights-of-way. A fee authorized under this paragraph may not be
  192  offset against the tax imposed under chapter 202; include the
  193  costs of roads or rights-of-way acquisition or roads or rights
  194  of-way rental; include any general administrative, management,
  195  or maintenance costs of the roads or rights-of-way; or be based
  196  on a percentage of the value or costs associated with the work
  197  to be performed on the roads or rights-of-way. In an action to
  198  recover amounts due for a fee not authorized under this
  199  paragraph, the prevailing party may recover court costs and
  200  attorney fees at trial and on appeal. In addition to the
  201  limitations set forth in this section, a fee levied by a
  202  municipality or charter county under this paragraph may not
  203  exceed $100. However, permit fees may not be imposed with
  204  respect to permits that may be required for service drop lines
  205  not required to be noticed under s. 556.108(5) or for any
  206  activity that does not require the physical disturbance of the
  207  roads or rights-of-way or does not impair access to or full use
  208  of the roads or rights-of-way, including, but not limited to,
  209  the performance of service restoration work on existing
  210  facilities, extensions of such facilities for providing
  211  communications services to customers, and the placement of micro
  212  wireless facilities in accordance with subparagraph (7)(e)3.
  213         1. If a municipality or charter county elects to not
  214  require permit fees, the total rate for the local communications
  215  services tax as computed under s. 202.20 for that municipality
  216  or charter county may be increased by ordinance or resolution by
  217  an amount not to exceed a rate of 0.12 percent.
  218         2. If a noncharter county elects to not require permit
  219  fees, the total rate for the local communications services tax
  220  as computed under s. 202.20 for that noncharter county may be
  221  increased by ordinance or resolution by an amount not to exceed
  222  a rate of 0.24 percent, to replace the revenue the noncharter
  223  county would otherwise have received from permit fees for
  224  providers of communications services.
  225         (d) In addition to any other notice requirements, a
  226  municipality must provide to the Secretary of State, at least 10
  227  days prior to consideration on first reading, notice of a
  228  proposed ordinance governing a telecommunications company
  229  placing or maintaining telecommunications facilities in its
  230  roads or rights-of-way. In addition to any other notice
  231  requirements, a county must provide to the Secretary of State,
  232  at least 15 days prior to consideration at a public hearing,
  233  notice of a proposed ordinance governing a telecommunications
  234  company placing or maintaining telecommunications facilities in
  235  its roads or rights-of-way. The notice required by this
  236  paragraph must be published by the Secretary of State on a
  237  designated Internet website. The failure of a municipality or
  238  county to provide such notice does not render the ordinance
  239  invalid, provided that enforcement of such ordinance must be
  240  suspended until 30 days after the municipality or county
  241  provides the required notice.
  242         (e) The authority of municipalities and counties to require
  243  franchise fees from providers of communications services, with
  244  respect to the provision of communications services, is
  245  specifically preempted by the state because of unique
  246  circumstances applicable to providers of communications services
  247  when compared to other utilities occupying municipal or county
  248  roads or rights-of-way. Providers of communications services may
  249  provide similar services in a manner that requires the placement
  250  of facilities in municipal or county roads or rights-of-way or
  251  in a manner that does not require the placement of facilities in
  252  such roads or rights-of-way. Although similar communications
  253  services may be provided by different means, the state desires
  254  to treat providers of communications services in a
  255  nondiscriminatory manner and to have the taxes, franchise fees,
  256  and other fees, costs, and financial or regulatory exactions
  257  paid by or imposed on providers of communications services be
  258  competitively neutral. Municipalities and counties retain all
  259  existing authority, if any, to collect franchise fees from users
  260  or occupants of municipal or county roads or rights-of-way other
  261  than providers of communications services, and the provisions of
  262  this subsection shall have no effect upon this authority. The
  263  provisions of this subsection do not restrict the authority, if
  264  any, of municipalities or counties or other governmental
  265  entities to receive reasonable rental fees based on fair market
  266  value for the use of public lands and buildings on property
  267  outside the public roads or rights-of-way for the placement of
  268  communications antennas and towers.
  269         (f) Except as expressly allowed or authorized by general
  270  law and except for the rights-of-way permit fees subject to
  271  paragraph (c), a municipality or county may not levy on a
  272  provider of communications services a tax, fee, or other charge
  273  or imposition for operating as a provider of communications
  274  services within the jurisdiction of the municipality or county
  275  which is in any way related to using its roads or rights-of-way.
  276  A municipality or county may not require or solicit in-kind
  277  compensation, except as otherwise provided in s. 202.24(2)(c)8.,
  278  provided that the in-kind compensation is not a franchise fee
  279  under federal law. Nothing in this paragraph impairs the
  280  authority of a municipality or county to request public,
  281  educational, or governmental access channels pursuant to s.
  282  610.109. Nothing in this paragraph shall impair any ordinance or
  283  agreement in effect on May 22, 1998, or any voluntary agreement
  284  entered into subsequent to that date, which provides for or
  285  allows in-kind compensation by a telecommunications company.
  286         (g) A municipality or county may not use its authority over
  287  the placement of facilities in its roads and rights-of-way as a
  288  basis for asserting or exercising regulatory control over a
  289  provider of communications services regarding matters within the
  290  exclusive jurisdiction of the Florida Public Service Commission
  291  or the Federal Communications Commission, including, but not
  292  limited to, the operations, systems, equipment, technology,
  293  qualifications, services, service quality, service territory,
  294  and prices of a provider of communications services. A
  295  municipality or county may not require any permit for the
  296  maintenance, repair, replacement, extension, or upgrade of
  297  existing aerial wireline communications facilities on utility
  298  poles or for aerial wireline facilities between existing
  299  wireline communications facility attachments on utility poles by
  300  a communications services provider. However, a municipality or
  301  county may require a right-of-way permit for work that involves
  302  excavation, closure of a sidewalk, or closure of a vehicular
  303  lane or parking lane, unless the provider is performing service
  304  restoration to existing facilities. A permit application
  305  required by an authority under this section for the placement of
  306  communications facilities must be processed and acted upon
  307  consistent with the timeframes provided in subparagraphs
  308  (7)(d)7., 8., and 9. In addition, a municipality or county may
  309  not require any permit or other approval, fee, charge, or cost,
  310  or other exaction for the maintenance, repair, replacement,
  311  extension, or upgrade of existing aerial lines or underground
  312  communications facilities located on private property outside of
  313  the public rights-of-way. As used in this section, the term
  314  “extension of existing facilities” includes those extensions
  315  from the rights-of-way into a customer’s private property for
  316  purposes of placing a service drop or those extensions from the
  317  rights-of-way into a utility easement to provide service to a
  318  discrete identifiable customer or group of customers.
  319         (h) A provider of communications services that has obtained
  320  permission to occupy the roads or rights-of-way of an
  321  incorporated municipality pursuant to s. 362.01 or that is
  322  otherwise lawfully occupying the roads or rights-of-way of a
  323  municipality or county shall not be required to obtain consent
  324  to continue such lawful occupation of those roads or rights-of
  325  way; however, nothing in this paragraph shall be interpreted to
  326  limit the power of a municipality or county to adopt or enforce
  327  reasonable rules or regulations as provided in this section and
  328  consistent with chapters 202, 364, and 610. Any such rules or
  329  regulations must be in writing, and registered providers of
  330  communications services in the municipality or county must be
  331  given at least 60 days’ advance written notice of any changes to
  332  the rules and regulations.
  333         (i) Except as expressly provided in this section, this
  334  section does not modify the authority of municipalities and
  335  counties to levy the tax authorized in chapter 202 or the duties
  336  of providers of communications services under ss. 337.402
  337  337.404. This section does not apply to building permits, pole
  338  attachments, or private roads, private easements, and private
  339  rights-of-way.
  340         (j) Notwithstanding the provisions of s. 202.19, when a
  341  local communications services tax rate is changed as a result of
  342  an election made or changed under this subsection, such rate may
  343  not be rounded to tenths.
  344         (6)
  345         (d) The amounts charged pursuant to this subsection shall
  346  be based on the linear miles of roads or rights-of-way where a
  347  communications facility is placed, not based on a summation of
  348  the lengths of individual cables, conduits, strands, or fibers.
  349  The amounts referenced in this subsection may be charged only
  350  once annually and only to one person annually for any
  351  communications facility. A municipality or county shall
  352  discontinue charging such amounts to a person that has ceased to
  353  be a pass-through provider. Any annual amounts charged shall be
  354  reduced for a prorated portion of any 12-month period during
  355  which the person remits taxes imposed by the municipality or
  356  county pursuant to chapter 202. Any excess amounts paid to a
  357  municipality or county shall be refunded to the person upon
  358  written notice of the excess to the municipality or county. A
  359  municipality or county may require a pass-through provider to
  360  provide an annual notarized statement identifying the total
  361  number of linear miles of pass-through facilities in the
  362  municipality’s or county’s rights-of-way. Upon request from a
  363  municipality or county, a pass-through provider must provide
  364  reasonable access to maps of pass-through facilities located in
  365  the rights-of-way of the municipality or county making the
  366  request. The scope of the request must be limited to only those
  367  maps of pass-through facilities from which the calculation of
  368  the linear miles of pass-through facilities in the rights-of-way
  369  can be determined. The request must be accompanied by an
  370  affidavit that the person making the request is authorized by
  371  the municipality or county to review tax information related to
  372  the revenue and mileage calculations for pass-through providers.
  373  A request may not be made more than once annually to a pass
  374  through provider.
  375         (7)(a)This subsection may be cited as the “Advanced
  376  Wireless Infrastructure Deployment Act.”
  377         (b)As used in this subsection, the term:
  378         1.“Antenna” means communications equipment that transmits
  379  or receives electromagnetic radio frequency signals used in
  380  providing wireless services.
  381         2.“Applicable codes” means uniform building, fire,
  382  electrical, plumbing, or mechanical codes adopted by a
  383  recognized national code organization or local amendments to
  384  those codes enacted solely to address threats of destruction of
  385  property or injury to persons, and includes the National
  386  Electric Safety Code and the 2017 edition of the Florida
  387  Department of Transportation Utility Accommodation Manual.
  388         3.“Applicant” means a person who submits an application
  389  and is a wireless provider.
  390         4.“Application” means a request submitted by an applicant
  391  to an authority for a permit to collocate small wireless
  392  facilities or to place a new utility pole used to support a
  393  small wireless facility.
  394         5.“Authority” means a county or municipality having
  395  jurisdiction and control of the rights-of-way of any public
  396  road. The term does not include the Department of
  397  Transportation. Rights-of-way under the jurisdiction and control
  398  of the department are excluded from this subsection.
  399         6.“Authority utility pole” means a utility pole owned by
  400  an authority in the right-of-way. The term does not include a
  401  utility pole owned by a municipal electric utility, a utility
  402  pole used to support municipally owned or operated electric
  403  distribution facilities, or a utility pole located in the right
  404  of-way within:
  405         a.A retirement community that:
  406         (I)Is deed restricted as housing for older persons as
  407  defined in s. 760.29(4)(b);
  408         (II)Has more than 5,000 residents; and
  409         (III)Has underground utilities for electric transmission
  410  or distribution.
  411         b.A municipality that:
  412         (I)Is located on a coastal barrier island as defined in s.
  413  161.053(1)(b)3.;
  414         (II)Has a land area of less than 5 square miles;
  415         (III)Has less than 10,000 residents; and
  416         (IV)Has, before July 1, 2017, received referendum approval
  417  to issue debt to finance municipal-wide undergrounding of its
  418  utilities for electric transmission or distribution.
  419         7.“Collocate” or “collocation” means to install, mount,
  420  maintain, modify, operate, or replace one or more wireless
  421  facilities on, under, within, or adjacent to a wireless support
  422  structure or utility pole. The term does not include the
  423  installation of a new utility pole or wireless support structure
  424  in the public rights-of-way.
  425         8.“FCC” means the Federal Communications Commission.
  426         9.“Micro wireless facility” means a small wireless
  427  facility having dimensions no larger than 24 inches in length,
  428  15 inches in width, and 12 inches in height and an exterior
  429  antenna, if any, no longer than 11 inches.
  430         10.“Small wireless facility” means a wireless facility
  431  that meets the following qualifications:
  432         a.Each antenna associated with the facility is located
  433  inside an enclosure of no more than 6 cubic feet in volume or,
  434  in the case of antennas that have exposed elements, each antenna
  435  and all of its exposed elements could fit within an enclosure of
  436  no more than 6 cubic feet in volume; and
  437         b.All other wireless equipment associated with the
  438  facility is cumulatively no more than 28 cubic feet in volume.
  439  The following types of associated ancillary equipment are not
  440  included in the calculation of equipment volume: electric
  441  meters, concealment elements, telecommunications demarcation
  442  boxes, ground-based enclosures, grounding equipment, power
  443  transfer switches, cutoff switches, vertical cable runs for the
  444  connection of power and other services, and utility poles or
  445  other support structures.
  446         11.“Utility pole” means a pole or similar structure that
  447  is used in whole or in part to provide communications services
  448  or for electric distribution, lighting, traffic control,
  449  signage, or a similar function. The term includes the vertical
  450  support structure for traffic lights but does not include a
  451  horizontal structure to which signal lights or other traffic
  452  control devices are attached and does not include a pole or
  453  similar structure 15 feet in height or less unless an authority
  454  grants a waiver for such pole.
  455         12.“Wireless facility” means equipment at a fixed location
  456  which enables wireless communications between user equipment and
  457  a communications network, including radio transceivers,
  458  antennas, wires, coaxial or fiber-optic cable or other cables,
  459  regular and backup power supplies, and comparable equipment,
  460  regardless of technological configuration, and equipment
  461  associated with wireless communications. The term includes small
  462  wireless facilities. The term does not include:
  463         a.The structure or improvements on, under, within, or
  464  adjacent to the structure on which the equipment is collocated;
  465         b.Wireline backhaul facilities; or
  466         c.Coaxial or fiber-optic cable that is between wireless
  467  structures or utility poles or that is otherwise not immediately
  468  adjacent to or directly associated with a particular antenna.
  469         13.“Wireless infrastructure provider” means a person who
  470  has been certificated under chapter 364 to provide
  471  telecommunications service or under chapter 610 to provide cable
  472  or video services in this state, or that person’s affiliate, and
  473  who builds or installs wireless communication transmission
  474  equipment, wireless facilities, or wireless support structures
  475  but is not a wireless services provider.
  476         14.“Wireless provider” means a wireless infrastructure
  477  provider or a wireless services provider.
  478         15.“Wireless services” means any services provided using
  479  licensed or unlicensed spectrum, whether at a fixed location or
  480  mobile, using wireless facilities.
  481         16.“Wireless services provider” means a person who
  482  provides wireless services.
  483         17.“Wireless support structure” means a freestanding
  484  structure, such as a monopole, a guyed or self-supporting tower,
  485  or another existing or proposed structure designed to support or
  486  capable of supporting wireless facilities. The term does not
  487  include a utility pole, pedestal, or other support structure for
  488  ground-based equipment not mounted on a utility pole and less
  489  than 5 feet in height.
  490         (c)Except as provided in this subsection, an authority may
  491  not prohibit, regulate, or charge for the collocation of small
  492  wireless facilities in the public rights-of-way or for the
  493  installation, maintenance, modification, operation, or
  494  replacement of utility poles used for the collocation of small
  495  wireless facilities in the public rights-of-way.
  496         (d)An authority may require a registration process and
  497  permit fees in accordance with subsection (3). An authority
  498  shall accept applications for permits and shall process and
  499  issue permits subject to the following requirements:
  500         1.An authority may not directly or indirectly require an
  501  applicant to perform services unrelated to the collocation for
  502  which approval is sought, such as in-kind contributions to the
  503  authority, including reserving fiber, conduit, or pole space for
  504  the authority.
  505         2.An applicant may not be required to provide more
  506  information to obtain a permit than is necessary to demonstrate
  507  the applicant’s compliance with applicable codes for the
  508  placement of small wireless facilities in the locations
  509  identified in the application. An applicant may not be required
  510  to provide inventories, maps, or locations of communications
  511  facilities in the right-of-way other than as necessary to avoid
  512  interference with other at-grade or aerial facilities located at
  513  the specific location proposed for a small wireless facility or
  514  within 50 feet of such location.
  515         3.An authority may not:
  516         a.Require the placement of small wireless facilities on
  517  any specific utility pole or category of poles;
  518         b.Require the placement of multiple antenna systems on a
  519  single utility pole;
  520         c.Require a demonstration that collocation of a small
  521  wireless facility on an existing structure is not legally or
  522  technically possible as a condition for granting a permit for
  523  the collocation of a small wireless facility on a new utility
  524  pole except as provided in paragraph (i);
  525         d.Require compliance with an authority’s provisions
  526  regarding placement of small wireless facilities or a new
  527  utility pole used to support a small wireless facility in
  528  rights-of-way under the control of the department unless the
  529  authority has received a delegation from the department for the
  530  location of the small wireless facility or utility pole, or
  531  require such compliance as a condition to receive a permit that
  532  is ancillary to the permit for collocation of a small wireless
  533  facility, including an electrical permit;
  534         e.Require a meeting before filing an application;
  535         f.Require direct or indirect public notification or a
  536  public meeting for the placement of communication facilities in
  537  the right-of-way;
  538         g.Limit the size or configuration of a small wireless
  539  facility or any of its components, if the small wireless
  540  facility complies with the size limits in this subsection;
  541         h.Prohibit the installation of a new utility pole used to
  542  support the collocation of a small wireless facility if the
  543  installation otherwise meets the requirements of this
  544  subsection; or
  545         i.Require that any component of a small wireless facility
  546  be placed underground except as provided in paragraph (i).
  547         4.Subject to paragraph (r), an authority may not limit the
  548  placement, by minimum separation distances, of small wireless
  549  facilities, utility poles on which small wireless facilities are
  550  or will be collocated, or other at-grade communications
  551  facilities. However, within 14 days after the date of filing the
  552  application, an authority may request that the proposed location
  553  of a small wireless facility be moved to another location in the
  554  right-of-way and placed on an alternative authority utility pole
  555  or support structure or placed on a new utility pole. The
  556  authority and the applicant may negotiate the alternative
  557  location, including any objective design standards and
  558  reasonable spacing requirements for ground-based equipment, for
  559  30 days after the date of the request. At the conclusion of the
  560  negotiation period, if the alternative location is accepted by
  561  the applicant, the applicant must notify the authority of such
  562  acceptance and the application shall be deemed granted for any
  563  new location for which there is agreement and all other
  564  locations in the application. If an agreement is not reached,
  565  the applicant must notify the authority of such nonagreement and
  566  the authority must grant or deny the original application within
  567  90 days after the date the application was filed. A request for
  568  an alternative location, an acceptance of an alternative
  569  location, or a rejection of an alternative location must be in
  570  writing and provided by electronic mail.
  571         5.An authority shall limit the height of a small wireless
  572  facility to 10 feet above the utility pole or structure upon
  573  which the small wireless facility is to be collocated. Unless
  574  waived by an authority, the height for a new utility pole is
  575  limited to the tallest existing utility pole as of July 1, 2017,
  576  located in the same right-of-way, other than a utility pole for
  577  which a waiver has previously been granted, measured from grade
  578  in place within 500 feet of the proposed location of the small
  579  wireless facility. If there is no utility pole within 500 feet,
  580  the authority shall limit the height of the utility pole to 50
  581  feet.
  582         6.The installation by a communications services provider
  583  of a utility pole in the public rights-of-way, other than a
  584  utility pole used to support a small wireless facility, is
  585  subject to authority rules or regulations governing the
  586  placement of utility poles in the public rights-of-way.
  587         7.Within 14 days after receiving an application, an
  588  authority must determine and notify the applicant by electronic
  589  mail as to whether the application is complete. If an
  590  application is deemed incomplete, the authority must
  591  specifically identify the missing information. An application is
  592  deemed complete if the authority fails to provide notification
  593  to the applicant within 14 days.
  594         8.An application must be processed on a nondiscriminatory
  595  basis. A complete application is deemed approved if an authority
  596  fails to approve or deny the application within 60 days after
  597  receipt of the application. If an authority does not use the 30
  598  day negotiation period provided in subparagraph 4., the parties
  599  may mutually agree to extend the 60-day application review
  600  period. The authority shall grant or deny the application at the
  601  end of the extended period. A permit issued pursuant to an
  602  approved application shall remain effective for 1 year unless
  603  extended by the authority.
  604         9.An authority must notify the applicant of approval or
  605  denial by electronic mail. An authority shall approve a complete
  606  application unless it does not meet the authority’s applicable
  607  codes. If the application is denied, the authority must specify
  608  in writing the basis for denial, including the specific code
  609  provisions on which the denial was based, and send the
  610  documentation to the applicant by electronic mail on the day the
  611  authority denies the application. The applicant may cure the
  612  deficiencies identified by the authority and resubmit the
  613  application within 30 days after notice of the denial is sent to
  614  the applicant. The authority shall approve or deny the revised
  615  application within 30 days after receipt or the application is
  616  deemed approved. The review of a revised application is limited
  617  to the deficiencies cited in the denial. If an authority
  618  provides for administrative review of the denial of an
  619  application, the review must be complete and a written decision
  620  issued within 45 days after a written request for review is
  621  made. A denial must identify the specific code provisions on
  622  which the denial is based. If the administrative review is not
  623  complete within 45 days, the authority waives any claim
  624  regarding failure to exhaust administrative remedies in any
  625  judicial review of the denial of an application.
  626         10.An applicant seeking to collocate small wireless
  627  facilities within the jurisdiction of a single authority may, at
  628  the applicant’s discretion, file a consolidated application and
  629  receive a single permit for the collocation of up to 30 small
  630  wireless facilities. If the application includes multiple small
  631  wireless facilities, an authority may separately address small
  632  wireless facility collocations for which incomplete information
  633  has been received or which are denied.
  634         11.An authority may deny an application to collocate a
  635  small wireless facility or place a utility pole used to support
  636  a small wireless facility in the public rights-of-way if the
  637  proposed small wireless facility or utility pole used to support
  638  a small wireless facility:
  639         a.Materially interferes with the safe operation of traffic
  640  control equipment.
  641         b.Materially interferes with sight lines or clear zones
  642  for transportation, pedestrians, or public safety purposes.
  643         c.Materially interferes with compliance with the Americans
  644  with Disabilities Act or similar federal or state standards
  645  regarding pedestrian access or movement.
  646         d.Materially fails to comply with the 2017 edition of the
  647  Florida Department of Transportation Utility Accommodation
  648  Manual.
  649         e.Fails to comply with applicable codes.
  650         f.Fails to comply with objective design standards
  651  authorized under paragraph (r).
  652         12.An authority may adopt by ordinance provisions for
  653  insurance coverage, indemnification, force majeure, abandonment,
  654  authority liability, or authority warranties. Such provisions
  655  must be reasonable and nondiscriminatory. An authority may
  656  require a construction bond to secure restoration of the
  657  postconstruction rights-of-way to the preconstruction condition.
  658  However, such bond must be time-limited to not more than 18
  659  months after the construction to which the bond applies is
  660  completed. For any financial obligation required by an authority
  661  allowed under this section, the authority shall accept a letter
  662  of credit or similar financial instrument issued by any
  663  financial institution that is authorized to do business within
  664  the United States, provided that a claim against the financial
  665  instrument may be made by electronic means, including by
  666  facsimile. A provider of communications services may add an
  667  authority to any existing bond, insurance policy, or other
  668  relevant financial instrument, and the authority must accept
  669  such proof of coverage without any conditions other than consent
  670  to venue for purposes of any litigation to which the authority
  671  is a party. An authority may not require a communications
  672  services provider to indemnify it for liabilities not caused by
  673  the provider, including liabilities arising from the authority’s
  674  negligence, gross negligence, or willful conduct.
  675         13.Collocation of a small wireless facility on an
  676  authority utility pole does not provide the basis for the
  677  imposition of an ad valorem tax on the authority utility pole.
  678         14.An authority may reserve space on authority utility
  679  poles for future public safety uses. However, a reservation of
  680  space may not preclude collocation of a small wireless facility.
  681  If replacement of the authority utility pole is necessary to
  682  accommodate the collocation of the small wireless facility and
  683  the future public safety use, the pole replacement is subject to
  684  make-ready provisions and the replaced pole shall accommodate
  685  the future public safety use.
  686         15.A structure granted a permit and installed pursuant to
  687  this subsection shall comply with chapter 333 and federal
  688  regulations pertaining to airport airspace protections.
  689         (e)An authority may not require any permit or other
  690  approval or require fees or other charges, costs, or other
  691  exactions for:
  692         1.Routine maintenance, the performance of service
  693  restoration work on existing facilities, or repair work,
  694  including, but not limited to, emergency repairs of existing
  695  facilities or extensions of such facilities for providing
  696  communications services to customers;
  697         2.Replacement of existing wireless facilities with
  698  wireless facilities that are substantially similar or of the
  699  same or smaller size; or
  700         3.Installation, placement, maintenance, or replacement of
  701  micro wireless facilities that are suspended on cables strung
  702  between existing utility poles in compliance with applicable
  703  codes by or for a communications services provider authorized to
  704  occupy the rights-of-way and who is remitting taxes under
  705  chapter 202. An authority may require an initial letter from or
  706  on behalf of such provider, which is effective upon filing,
  707  attesting that the micro wireless facility dimensions comply
  708  with the limits of this subsection. The authority may not
  709  require any additional filing or other information as long as
  710  the provider is deploying the same, a substantially similar, or
  711  a smaller size micro wireless facility equipment.
  712  
  713  Notwithstanding this paragraph, an authority may require a
  714  right-of-way permit for work that involves excavation, closure
  715  of a sidewalk, or closure of a vehicular lane or parking lane,
  716  unless the provider is performing service restoration on an
  717  existing facility and the work is done in compliance with the
  718  2017 edition of the Florida Department of Transportation Utility
  719  Accommodation Manual. An authority may require notice of such
  720  work within 30 days after restoration and may require an after
  721  the-fact permit for work which would otherwise have required a
  722  permit.
  723         (f)Collocation of small wireless facilities on authority
  724  utility poles is subject to the following requirements:
  725         1.An authority may not enter into an exclusive arrangement
  726  with any person for the right to attach equipment to authority
  727  utility poles.
  728         2.The rates and fees for collocations on authority utility
  729  poles must be nondiscriminatory, regardless of the services
  730  provided by the collocating person.
  731         3.The rate to collocate small wireless facilities on an
  732  authority utility pole may not exceed $150 per pole annually.
  733         4.Agreements between authorities and wireless providers
  734  that are in effect on July 1, 2017, and that relate to the
  735  collocation of small wireless facilities in the right-of-way,
  736  including the collocation of small wireless facilities on
  737  authority utility poles, remain in effect, subject to applicable
  738  termination provisions. The wireless provider may accept the
  739  rates, fees, and terms established under this subsection for
  740  small wireless facilities and utility poles that are the subject
  741  of an application submitted after the rates, fees, and terms
  742  become effective.
  743         5.A person owning or controlling an authority utility pole
  744  shall offer rates, fees, and other terms that comply with this
  745  subsection. By the later of January 1, 2018, or 3 months after
  746  receiving a request to collocate its first small wireless
  747  facility on a utility pole owned or controlled by an authority,
  748  the person owning or controlling the authority utility pole
  749  shall make available, through ordinance or otherwise, rates,
  750  fees, and terms for the collocation of small wireless facilities
  751  on the authority utility pole which comply with this subsection.
  752         a.The rates, fees, and terms must be nondiscriminatory and
  753  competitively neutral and must comply with this subsection.
  754         b.For an authority utility pole that supports an aerial
  755  facility used to provide communications services or electric
  756  service, the parties shall comply with the process for make
  757  ready work under 47 U.S.C. s. 224 and implementing regulations.
  758  The good faith estimate of the person owning or controlling the
  759  pole for any make-ready work necessary to enable the pole to
  760  support the requested collocation must include pole replacement
  761  if necessary.
  762         c.For an authority utility pole that does not support an
  763  aerial facility used to provide communications services or
  764  electric service, the authority shall provide a good faith
  765  estimate for any make-ready work necessary to enable the pole to
  766  support the requested collocation, including necessary pole
  767  replacement, within 60 days after receipt of a complete
  768  application. Make-ready work, including any pole replacement,
  769  must be completed within 60 days after written acceptance of the
  770  good faith estimate by the applicant. Alternatively, an
  771  authority may require the applicant seeking to collocate a small
  772  wireless facility to provide a make-ready estimate at the
  773  applicant’s expense for the work necessary to support the small
  774  wireless facility, including pole replacement, and perform the
  775  make-ready work. If pole replacement is required, the scope of
  776  the make-ready estimate is limited to the design, fabrication,
  777  and installation of a utility pole that is substantially similar
  778  in color and composition. The authority may not condition or
  779  restrict the manner in which the applicant obtains, develops, or
  780  provides the estimate or conducts the make-ready work subject to
  781  usual construction restoration standards for work in the right
  782  of-way. The replaced or altered utility pole shall remain the
  783  property of the authority.
  784         d.An authority may not require more make-ready work than
  785  is required to meet applicable codes or industry standards. Fees
  786  for make-ready work may not include costs related to preexisting
  787  damage or prior noncompliance. Fees for make-ready work,
  788  including any pole replacement, may not exceed actual costs or
  789  the amount charged to communications services providers other
  790  than wireless services providers for similar work and may not
  791  include any consultant fee or expense.
  792         (g)For any applications filed before the effective date of
  793  ordinances implementing this subsection, an authority may apply
  794  current ordinances relating to placement of communications
  795  facilities in the right-of-way related to registration,
  796  permitting, insurance coverage, indemnification, force majeure,
  797  abandonment, authority liability, or authority warranties.
  798  Permit application requirements and small wireless facility
  799  placement requirements, including utility pole height limits,
  800  that conflict with this subsection must be waived by the
  801  authority. An authority may not institute, either expressly or
  802  de facto, a moratorium, zoning-in-progress, or other mechanism
  803  that would prohibit or delay the filing, receiving, or
  804  processing of registrations, applications, or issuing of permits
  805  or other approvals for the collocation of small wireless
  806  facilities or the installation, modification, or replacement of
  807  utility poles used to support the collocation of small wireless
  808  facilities.
  809         (h)Except as provided in this section or specifically
  810  required by state law, an authority may not adopt or enforce any
  811  regulation on the placement or operation of communications
  812  facilities in the rights-of-way by a provider authorized by
  813  state law to operate in the rights-of-way and may not regulate
  814  any communications services or impose or collect any tax, fee,
  815  or charge not specifically authorized under state law. This
  816  paragraph does not alter any law regarding an authority’s
  817  ability to regulate the relocation of facilities.
  818         (i)1.In an area where an authority has required all public
  819  utility lines in the rights-of-way to be placed underground, a
  820  wireless provider must comply with written, objective,
  821  reasonable, and nondiscriminatory requirements that prohibit new
  822  utility poles used to support small wireless facilities if:
  823         a.The authority, at least 90 days prior to the submission
  824  of an application, has required all public utility lines to be
  825  placed underground;
  826         b.Structures that the authority allows to remain above
  827  ground are reasonably available to wireless providers for the
  828  collocation of small wireless facilities and may be replaced by
  829  a wireless provider to accommodate the collocation of small
  830  wireless facilities; and
  831         c.A wireless provider may install a new utility pole in
  832  the designated area in the right-of-way that otherwise complies
  833  with this subsection and it is not reasonably able to provide
  834  wireless service by collocating on a remaining utility pole or
  835  other structure in the right-of-way.
  836         2.For small wireless facilities installed before an
  837  authority adopts requirements that public utility lines be
  838  placed underground, an authority adopting such requirements
  839  must:
  840         a.Allow a wireless provider to maintain the small wireless
  841  facilities in place subject to any applicable pole attachment
  842  agreement with the pole owner; or
  843         b.Allow the wireless provider to replace the associated
  844  pole within 50 feet of the prior location in accordance with
  845  paragraph (r).
  846         (j)A wireless infrastructure provider may apply to an
  847  authority to place utility poles in the public rights-of-way to
  848  support the collocation of small wireless facilities. The
  849  application must include an attestation that small wireless
  850  facilities will be collocated on the utility pole or structure
  851  and will be used by a wireless services provider to provide
  852  service within 9 months after the date the application is
  853  approved. The authority shall accept and process the application
  854  in accordance with subparagraph (d)6. and any applicable codes
  855  and other local codes governing the placement of utility poles
  856  in the public rights-of-way.
  857         (k)This subsection does not limit a local government’s
  858  authority to enforce historic preservation zoning regulations
  859  consistent with the preservation of local zoning authority under
  860  47 U.S.C. s. 332(c)(7), the requirements for facility
  861  modifications under 47 U.S.C. s. 1455(a), or the National
  862  Historic Preservation Act of 1966, as amended, and the
  863  regulations adopted to implement such laws. An authority may
  864  enforce local codes, administrative rules, or regulations
  865  adopted by ordinance in effect on April 1, 2017, which are
  866  applicable to a historic area designated by the state or
  867  authority. An authority may enforce pending local ordinances,
  868  administrative rules, or regulations applicable to a historic
  869  area designated by the state if the intent to adopt such changes
  870  has been publicly declared on or before April 1, 2017. An
  871  authority may waive any ordinances or other requirements that
  872  are subject to this paragraph.
  873         (l)This subsection does not authorize a person to
  874  collocate or attach wireless facilities, including any antenna,
  875  micro wireless facility, or small wireless facility, on a
  876  privately owned utility pole, a utility pole owned by an
  877  electric cooperative or a municipal electric utility, a
  878  privately owned wireless support structure, or other private
  879  property without the consent of the property owner.
  880         (m)The approval of the installation, placement,
  881  maintenance, or operation of a small wireless facility pursuant
  882  to this subsection does not authorize the provision of any
  883  voice, data, or video communications services or the
  884  installation, placement, maintenance, or operation of any
  885  communications facilities other than small wireless facilities
  886  in the right-of-way.
  887         (n)This subsection does not affect provisions relating to
  888  pass-through providers in subsection (6).
  889         (o)This subsection does not authorize a person to
  890  collocate or attach small wireless facilities or micro wireless
  891  facilities on a utility pole, unless otherwise permitted by
  892  federal law, or erect a wireless support structure in the right
  893  of-way located within a retirement community that:
  894         1.Is deed restricted as housing for older persons as
  895  defined in s. 760.29(4)(b);
  896         2.Has more than 5,000 residents; and
  897         3.Has underground utilities for electric transmission or
  898  distribution.
  899  
  900  This paragraph does not apply to the installation, placement,
  901  maintenance, or replacement of micro wireless facilities on any
  902  existing and duly authorized aerial communications facilities,
  903  provided that once aerial facilities are converted to
  904  underground facilities, any such collocation or construction
  905  shall be only as provided by the municipality’s underground
  906  utilities ordinance.
  907         (p)This subsection does not authorize a person to
  908  collocate or attach small wireless facilities or micro wireless
  909  facilities on a utility pole, unless otherwise permitted by
  910  federal law, or erect a wireless support structure in the right
  911  of-way located within a municipality that:
  912         1.Is located on a coastal barrier island as defined in s.
  913  161.053(1)(b)3.;
  914         2.Has a land area of less than 5 square miles;
  915         3.Has fewer than 10,000 residents; and
  916         4.Has, before July 1, 2017, received referendum approval
  917  to issue debt to finance municipal-wide undergrounding of its
  918  utilities for electric transmission or distribution.
  919  
  920  This paragraph does not apply to the installation, placement,
  921  maintenance, or replacement of micro wireless facilities on any
  922  existing and duly authorized aerial communications facilities,
  923  provided that once aerial facilities are converted to
  924  underground facilities, any such collocation or construction
  925  shall be only as provided by the municipality’s underground
  926  utilities ordinance.
  927         (q)This subsection does not authorize a person to
  928  collocate small wireless facilities or micro wireless facilities
  929  on an authority utility pole or erect a wireless support
  930  structure in a location subject to covenants, conditions,
  931  restrictions, articles of incorporation, and bylaws of a
  932  homeowners’ association. This paragraph does not apply to the
  933  installation, placement, maintenance, or replacement of micro
  934  wireless facilities on any existing and duly authorized aerial
  935  communications facilities.
  936         (r)An authority may require wireless providers to comply
  937  with objective design standards adopted by ordinance. The
  938  ordinance may only require:
  939         1.A new utility pole that replaces an existing utility
  940  pole to be of substantially similar design, material, and color;
  941         2.Reasonable spacing requirements concerning the location
  942  of a ground-mounted component of a small wireless facility which
  943  does not exceed 15 feet from the associated support structure;
  944  or
  945         3.A small wireless facility to meet reasonable location
  946  context, color, camouflage, and concealment requirements,
  947  subject to the limitations in this subsection; and
  948         4.A new utility pole used to support a small wireless
  949  facility to meet reasonable location context, color, and
  950  material of the predominant utility pole type at the proposed
  951  location of the new utility pole.
  952  
  953  Such design standards under this paragraph may be waived by the
  954  authority upon a showing that the design standards are not
  955  reasonably compatible for the particular location of a small
  956  wireless facility or utility pole or are technically infeasible
  957  or that the design standards impose an excessive expense. The
  958  waiver must be granted or denied within 45 days after the date
  959  of the request.
  960         (8)(a)Any person aggrieved by a violation of this section
  961  may bring a civil action in a United States District Court or in
  962  any other court of competent jurisdiction.
  963         (b)The court may:
  964         1.Grant temporary or permanent injunctions on terms as it
  965  may deem reasonable to prevent or restrain violations of this
  966  section; and
  967         2.Direct the recovery of full costs, including awarding
  968  reasonable attorney fees, to the party who prevails.
  969         (9)All work in the authority’s rights-of-way under this
  970  section must comply with the 2017 edition of the Florida
  971  Department of Transportation Utility Accommodation Manual.
  972         Section 2. This act shall take effect July 1, 2022.

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