Bill Text: FL S1900 | 2022 | Regular Session | Introduced
Bill Title: Preemption to the State
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2022-03-14 - Died in Community Affairs [S1900 Detail]
Download: Florida-2022-S1900-Introduced.html
Florida Senate - 2022 SB 1900 By Senator Torres 15-01682A-22 20221900__ 1 A bill to be entitled 2 An act relating to preemption to the state; amending 3 s. 106.08, F.S.; removing provisions which preempt 4 counties, municipalities, and other local governmental 5 entities from enacting or adopting any limitation or 6 restriction involving certain contributions and 7 expenditures, or establishing contribution limits 8 different than those established in the Florida 9 Election Code; amending s. 125.0103, F.S.; removing 10 provisions which require local governmental measures 11 imposing rent controls to expire within a specified 12 time period unless such measures are extended or 13 renewed in accordance with law; amending s. 125.01055, 14 F.S.; removing provisions which require counties to 15 provide incentives to fully offset costs of certain 16 affordable housing contributions or linkage fees; 17 amending s. 125.421, F.S.; removing provisions which 18 require counties and entities of local government to 19 pay ad valorem taxes or fees under specified 20 conditions on certain telecommunications facilities; 21 removing a waiver of immunity on taxation of property 22 for counties or entities of local government under 23 such circumstances; repealing s. 163.045, F.S., 24 relating to the pruning, trimming, or removal of trees 25 on residential property; repealing 163.211, F.S., 26 relating to licensing of occupations preempted to the 27 state; amending s. 163.31801, F.S.; removing 28 limitations on impact fee increases; repealing s. 29 163.3205, F.S., relating to a solar facility approval 30 process; amending s. 166.04151, F.S.; removing 31 provisions which require municipalities to provide 32 incentives to fully offset costs of certain affordable 33 housing contributions or linkage fees; amending s. 34 166.043, F.S.; removing provisions which require local 35 governmental measures that impose rent controls to 36 expire within a specified time period unless such 37 measures are extended or renewed in accordance with 38 law; amending s. 166.047, F.S.; removing provisions 39 which require municipalities and other entities of 40 local government to pay ad valorem taxes or fees under 41 specified conditions on certain telecommunications 42 facilities; amending s. 166.241, F.S.; removing 43 provisions authorizing specified elected officials to 44 file an appeal to the Administration Commission if the 45 governing body of a municipality makes a specified 46 reduction to the operating budget of the municipal law 47 enforcement agency; removing provisions requiring the 48 petition to contain specified information; removing 49 provisions requiring the Executive Office of the 50 Governor to conduct a budget hearing to consider the 51 matter and make findings and recommendations to the 52 Administration Commission; removing provisions 53 requiring the commission to approve, amend, or modify 54 the municipality’s budget; amending ss. 196.012, 55 199.183, and 212.08, F.S.; removing provisions that 56 prohibit certain property and use of two-way 57 telecommunications services under specified 58 circumstances from receiving certain tax exemptions; 59 repealing s. 218.077, F.S., relating to wage and 60 employment benefits requirements by political 61 subdivisions and restrictions thereon; amending s. 62 252.35, F.S.; removing limitations on the timeframe 63 for delegation of certain authorities by the Division 64 of Emergency Management; amending s. 252.38, F.S.; 65 removing requirements for the purpose and scope of 66 emergency orders; removing provisions on the automatic 67 expiration of emergency orders; removing provisions 68 authorizing the extension of emergency orders by a 69 majority vote of a governing body for a specified 70 duration; removing provisions authorizing the Governor 71 to invalidate certain emergency orders; removing 72 prohibitions on the issuance of certain emergency 73 orders; amending s. 252.46, F.S.; removing provisions 74 that a failure by a political subdivision to file 75 certain orders and rules with specified entities 76 within a specified timeframe voids the issued orders 77 or rules; repealing 311.25, F.S., relating to Florida 78 seaports and local ballot initiatives and referendums; 79 amending 331.502, F.S.; conforming a provision to 80 changes made by the act; amending s. 337.401, F.S.; 81 removing certain communications services lines as 82 items over which certain governmental entities are 83 authorized to prescribe and enforce reasonable rules 84 and regulations; removing time restrictions placed 85 upon certain counties and municipalities for 86 processing certain permit applications; removing 87 limitations and prohibitions on municipalities and 88 counties relating to registrations and renewals of 89 communications services providers; removing provisions 90 that authorize municipalities and counties to require 91 certain information as part of a registration; 92 removing provisions that prohibit municipalities and 93 counties from requiring a payment of fees, costs, or 94 charges for provider registration or renewal; removing 95 prohibitions against municipalities and counties 96 adopting or enforcing certain ordinances, rules, or 97 requirements; removing limitations on municipal and 98 county authority to regulate and manage municipal and 99 county roads or rights-of-way; removing provisions 100 that prohibit certain municipalities and counties from 101 imposing permit fees; removing provisions that specify 102 activities for which permit fees may not be imposed; 103 removing a requirement that enforcement of certain 104 ordinances be suspended until certain conditions are 105 met; removing a condition for certain in-kind 106 compensation; revising items over which municipalities 107 and counties may exercise regulatory control; removing 108 provisions for requirements relating to right-of-way 109 permits; removing provisions relating to municipal and 110 county authority over pass-through providers; removing 111 references to, and administration and provisions of, 112 the Advanced Wireless Infrastructure Deployment Act; 113 removing a provision authorizing a civil action for 114 specified violations; removing authorizations for a 115 court to take certain actions; removing provisions 116 requiring that work in certain authority rights-of-way 117 comply with a specified document; amending s. 350.81, 118 F.S.; removing procedures that must be followed by 119 governmental entities before providing communications 120 services; removing provisions relating to the use of 121 certain revenues to issue bonds to finance 122 communications services; removing provisions which 123 provide certain procedures if revenues do not exceed 124 operating costs after a specified time period; 125 removing exemptions of certain governmental entities 126 from certain requirements relating to 127 telecommunications services; removing a provision 128 specifying that certain airport authorities or other 129 governmental entities are not exempt from certain 130 procedural requirements relating to telecommunications 131 services; repealing s. 366.032, F.S., relating to 132 preemption over utility service restrictions; 133 repealing s. 377.707, F.S., relating to express 134 preemption of fuel retailers and related 135 transportation infrastructure; amending s. 403.412, 136 F.S.; removing prohibitions against local governments 137 recognizing or granting certain legal rights to the 138 natural environment or granting such rights relating 139 to the natural environment to a person or political 140 subdivision; amending s. 403.7033, F.S.; removing the 141 prohibition against local laws relating to the 142 regulation of auxiliary containers, wrappings, and 143 disposable plastic bags; amending ss. 489.117, 144 489.1455, and 489.5335, F.S.; conforming provisions to 145 changes made by the act; amending s. 499.002, F.S.; 146 removing a provision that preempts the regulation of 147 over-the-counter proprietary drugs and cosmetics to 148 the state; repealing s. 500.90, F.S., relating to the 149 preemption of local laws relating to the use or sale 150 of polystyrene products to the Department of 151 Agriculture and Consumer Services; amending s. 152 790.251, F.S.; conforming a provision to changes made 153 by the act; repealing s. 569.0025, F.S., relating to 154 preemption of the regulation of tobacco products to 155 the state; repealing s. 569.315, F.S., relating to 156 preemption of the regulation of nicotine products to 157 the state; repealing s. 790.33, F.S., relating to the 158 preemption of the field of regulation of firearms and 159 ammunition to the Legislature, to the exclusion of 160 local jurisdictions; amending s. 570.07, F.S.; 161 removing provisions relating to the preemption of the 162 regulation of fertilizer to the state; repealing ch. 163 908, F.S, consisting of ss. 908.101, 908.102, 908.103, 164 908.104, 908.105, 908.106, 908.107, 908.108, and 165 908.109, F.S., relating to legislative findings and 166 intent, definitions, a prohibition on sanctuary 167 policies, cooperation with federal immigration 168 authorities, duties relating to immigration detainers, 169 reimbursement of costs, enforcement, education 170 records, and a prohibition on discrimination, 171 respectively; providing a contingent effective date. 172 173 Be It Enacted by the Legislature of the State of Florida: 174 175 Section 1. Subsection (11) of section 106.08, Florida 176 Statutes, is amended to read: 177 106.08 Contributions; limitations on.— 178(11)(a)A county, a municipality, or any other local179governmental entity is expressly preempted from enacting or180adopting:1811.Contribution limits that differ from the limitations182established in subsection (1);1832.Any limitation or restriction involving contributions to184a political committee or an electioneering communications185organization; or1863.Any limitation or restriction on expenditures for an187electioneering communication or an independent expenditure.188(b)Any existing or future limitation or restriction189enacted or adopted by a county, a municipality, or any other190local governmental entity which is in conflict with this191subsection is void.192 Section 2. Subsection (3) and present subsection (6) of 193 section 125.0103, Florida Statutes, are amended to read: 194 125.0103 Ordinances and rules imposing price controls; 195 findings required; procedures.— 196(3)Any law, ordinance, rule, or other measure which has197the effect of imposing controls on rents shall terminate and198expire within 1 year and shall not be extended or renewed except199by the adoption of a new measure meeting all the requirements of200this section.201 (5)(6)In any court action brought to challenge the 202 validity of rent control imposed pursuant to the provisions of 203 this section, the evidentiary effect of any findings or 204 recitations required by subsection (4)(5)shall be limited to 205 imposing upon any party challenging the validity of such measure 206 the burden of going forward with the evidence, and the burden of 207 proof (that is, the risk of nonpersuasion) shall rest upon any 208 party seeking to have the measure upheld. 209 Section 3. Subsection (4) of section 125.01055, Florida 210 Statutes, is amended to read: 211 125.01055 Affordable housing.— 212(4)In exchange for a developer fulfilling the requirements213of subsection (2) or, for residential or mixed-use residential214development, the requirements of subsection (3), a county must215provide incentives to fully offset all costs to the developer of216its affordable housing contribution or linkage fee. Such217incentives may include, but are not limited to:218(a)Allowing the developer density or intensity bonus219incentives or more floor space than allowed under the current or220proposed future land use designation or zoning;221(b)Reducing or waiving fees, such as impact fees or water222and sewer charges; or223(c)Granting other incentives.224 Section 4. Section 125.421, Florida Statutes, is amended to 225 read: 226 125.421 Telecommunications services.—A telecommunications 227 company that is a county or other entity of local government may 228 obtain or hold a certificate required by chapter 364, and the 229 obtaining or holding of said certificate serves a public purpose 230onlyif the county or other entity of local government: 231 (1) Separately accounts for the revenues, expenses, 232 property, and source of investment dollars associated with the 233 provision of such service; and 234 (2) Is subject, without exemption, to all local 235 requirements applicable to telecommunications companies; and236(3)Notwithstanding any other provision of law, pays, on237its telecommunications facilities used to provide two-way238telecommunication services to the public for hire and for which239a certificate is required under chapter 364, ad valorem taxes,240or fees in amounts equal thereto, to any taxing jurisdiction in241which the county or other entity of local government operates.242Any entity of local government may pay and impose such ad243valorem taxes or fees. Any immunity of any county or other244entity of local government from taxation of the property taxed245by this section is hereby waived. 246 247 This section does not apply to the provision of 248 telecommunications services for internal operational needs of a 249 county or other entity of local government. This section does 250 not apply to the provision of internal information services, 251 including, but not limited to, tax records, engineering records, 252 and property records, by a county or other entity of local 253 government to the public for a fee. 254 Section 5. Section 163.045, Florida Statutes, is repealed. 255 Section 6. Section 163.211, Florida Statutes, is repealed. 256 Section 7. Subsection (6) of section 163.31801, Florida 257 Statutes, is amended to read: 258 163.31801 Impact fees; short title; intent; minimum 259 requirements; audits; challenges.— 260(6)A local government, school district, or special261district may increase an impact fee only as provided in this262subsection.263(a)An impact fee may be increased only pursuant to a plan264for the imposition, collection, and use of the increased impact265fees which complies with this section.266(b)An increase to a current impact fee rate of not more267than 25 percent of the current rate must be implemented in two268equal annual increments beginning with the date on which the269increased fee is adopted.270(c)An increase to a current impact fee rate which exceeds27125 percent but is not more than 50 percent of the current rate272must be implemented in four equal installments beginning with273the date the increased fee is adopted.274(d)An impact fee increase may not exceed 50 percent of the275current impact fee rate.276(e)An impact fee may not be increased more than once every2774 years.278(f)An impact fee may not be increased retroactively for a279previous or current fiscal or calendar year.280(g)A local government, school district, or special281district may increase an impact fee rate beyond the phase-in282limitations established under paragraph (b), paragraph (c),283paragraph (d), or paragraph (e) by establishing the need for284such increase in full compliance with the requirements of285subsection (4), provided the following criteria are met:2861.A demonstrated-need study justifying any increase in287excess of those authorized in paragraph (b), paragraph (c),288paragraph (d), or paragraph (e) has been completed within the 12289months before the adoption of the impact fee increase and290expressly demonstrates the extraordinary circumstances291necessitating the need to exceed the phase-in limitations.2922.The local government jurisdiction has held not less than293two publicly noticed workshops dedicated to the extraordinary294circumstances necessitating the need to exceed the phase-in295limitations set forth in paragraph (b), paragraph (c), paragraph296(d), or paragraph (e).2973.The impact fee increase ordinance is approved by at298least a two-thirds vote of the governing body.299(h)This subsection operates retroactively to January 1,3002021.301 Section 8. Section 163.3205, Florida Statutes, is repealed. 302 Section 9. Subsection (4) of section 166.04151, Florida 303 Statutes, is amended to read: 304 166.04151 Affordable housing.— 305(4)In exchange for a developer fulfilling the requirements306of subsection (2) or, for residential or mixed-use residential307development, the requirements of subsection (3), a municipality308must provide incentives to fully offset all costs to the309developer of its affordable housing contribution or linkage fee.310Such incentives may include, but are not limited to:311(a)Allowing the developer density or intensity bonus312incentives or more floor space than allowed under the current or313proposed future land use designation or zoning;314(b)Reducing or waiving fees, such as impact fees or water315and sewer charges; or316(c)Granting other incentives.317 Section 10. Subsection (3) and present subsection (6) of 318 section 166.043, Florida Statutes, are amended to read: 319 166.043 Ordinances and rules imposing price controls; 320 findings required; procedures.— 321(3)Any law, ordinance, rule, or other measure which has322the effect of imposing controls on rents shall terminate and323expire within 1 year and shall not be extended or renewed except324by the adoption of a new measure meeting all the requirements of325this section.326 (5)(6)In any court action brought to challenge the 327 validity of rent control imposed pursuant to the provisions of 328 this section, the evidentiary effect of any findings or 329 recitations required by subsection (4)(5)shall be limited to 330 imposing upon any party challenging the validity of such measure 331 the burden of going forward with the evidence, and the burden of 332 proof (that is, the risk of nonpersuasion) shall rest upon any 333 party seeking to have the measure upheld. 334 Section 11. Section 166.047, Florida Statutes, is amended 335 to read: 336 166.047 Telecommunications services.—A telecommunications 337 company that is a municipality or other entity of local 338 government may obtain or hold a certificate required by chapter 339 364, and the obtaining or holding of said certificate serves a 340 municipal or public purpose under the provision of s. 2(b), Art. 341 VIII of the State Constitution, only if the municipality or 342 other entity of local government: 343 (1) Separately accounts for the revenues, expenses, 344 property, and source of investment dollars associated with the 345 provision of such services; and 346 (2) Is subject, without exemption, to all local 347 requirements applicable to telecommunications companies; and348(3)Notwithstanding any other provision of law, pays, on349its telecommunications facilities used to provide two-way350telecommunications services to the public for hire and for which351a certificate is required pursuant to chapter 364, ad valorem352taxes, or fees in amounts equal thereto, to any taxing353jurisdiction in which the municipality or other entity of local354government operates. Any entity of local government may pay and355impose such ad valorem taxes or fees. 356 357 This section does not apply to the provision of 358 telecommunications services for internal operational needs of a 359 municipality or other entity of local government. This section 360 does not apply to the provision of internal information 361 services, including, but not limited to, tax records, 362 engineering records, and property records, by a municipality or 363 other entity of local government to the public for a fee. 364 Section 12. Subsections (4), (5), and (8) of section 365 166.241, Florida Statutes, are amended to read: 366 166.241 Fiscal years, budgets, appeal of municipal law 367 enforcement agency budget, and budget amendments.— 368(4)(a)If the tentative budget of a municipality contains a369funding reduction to the operating budget of the municipal law370enforcement agency, the state attorney for the judicial circuit371in which the municipality is located, or a member of the372governing body who objects to the funding reduction, may file an373appeal by petition to the Administration Commission within 30374days after the day the tentative budget is posted to the375official website of the municipality under subsection (3). The376petition must set forth the tentative budget proposed by the377municipality, in the form and manner prescribed by the Executive378Office of the Governor and approved by the Administration379Commission, the operating budget of the municipal law380enforcement agency as approved by the municipality for the381previous year, and state the reasons or grounds for the appeal.382The petition shall be filed with the Executive Office of the383Governor and a copy served upon the governing body of the384municipality or to the clerk of the circuit court of the county385in which the municipality is located.386(b)The governing body of the municipality has 5 working387days after service of a copy of the petition to file a reply388with the Executive Office of the Governor and shall serve a copy389of such reply to the petitioner.390(5)Upon receipt of the petition, the Executive Office of391the Governor shall provide for a budget hearing at which the392matters presented in the petition and the reply shall be393considered. A report of the findings and recommendations of the394Executive Office of the Governor thereon shall be promptly395submitted to the Administration Commission, which, within 30396days, shall approve the action of the governing body of the397municipality or amend or modify the budget as to each separate398item within the operating budget of the municipal law399enforcement agency. The budget as approved, amended, or modified400by the Administration Commission shall be final.401 (6)(8)If the governing body of a municipality amends the 402 budget pursuant to paragraph (5)(c)(7)(c), the adopted 403 amendment must be posted on the official website of the 404 municipality within 5 days after adoption and must remain on the 405 website for at least 2 years. If the municipality does not 406 operate an official website, the municipality must, within a 407 reasonable period of time as established by the county or 408 counties in which the municipality is located, transmit the 409 adopted amendment to the manager or administrator of such county 410 or counties who shall post the adopted amendment on the county’s 411 website. 412 Section 13. Subsection (6) of section 196.012, Florida 413 Statutes, is amended to read: 414 196.012 Definitions.—For the purpose of this chapter, the 415 following terms are defined as follows, except where the context 416 clearly indicates otherwise: 417 (6) Governmental, municipal, or public purpose or function 418 shall be deemed to be served or performed when the lessee under 419 any leasehold interest created in property of the United States, 420 the state or any of its political subdivisions, or any 421 municipality, agency, special district, authority, or other 422 public body corporate of the state is demonstrated to perform a 423 function or serve a governmental purpose which could properly be 424 performed or served by an appropriate governmental unit or which 425 is demonstrated to perform a function or serve a purpose which 426 would otherwise be a valid subject for the allocation of public 427 funds. For purposes of the preceding sentence, an activity 428 undertaken by a lessee which is permitted under the terms of its 429 lease of real property designated as an aviation area on an 430 airport layout plan which has been approved by the Federal 431 Aviation Administration and which real property is used for the 432 administration, operation, business offices and activities 433 related specifically thereto in connection with the conduct of 434 an aircraft full service fixed base operation which provides 435 goods and services to the general aviation public in the 436 promotion of air commerce shall be deemed an activity which 437 serves a governmental, municipal, or public purpose or function. 438 Any activity undertaken by a lessee which is permitted under the 439 terms of its lease of real property designated as a public 440 airport as defined in s. 332.004(14) by municipalities, 441 agencies, special districts, authorities, or other public bodies 442 corporate and public bodies politic of the state, a spaceport as 443 defined in s. 331.303, or which is located in a deepwater port 444 identified in s. 403.021(9)(b) and owned by one of the foregoing 445 governmental units, subject to a leasehold or other possessory 446 interest of a nongovernmental lessee that is deemed to perform 447 an aviation, airport, aerospace, maritime, or port purpose or 448 operation shall be deemed an activity that serves a 449 governmental, municipal, or public purpose. The use by a lessee, 450 licensee, or management company of real property or a portion 451 thereof as a convention center, visitor center, sports facility 452 with permanent seating, concert hall, arena, stadium, park, or 453 beach is deemed a use that serves a governmental, municipal, or 454 public purpose or function when access to the property is open 455 to the general public with or without a charge for admission. If 456 property deeded to a municipality by the United States is 457 subject to a requirement that the Federal Government, through a 458 schedule established by the Secretary of the Interior, determine 459 that the property is being maintained for public historic 460 preservation, park, or recreational purposes and if those 461 conditions are not met the property will revert back to the 462 Federal Government, then such property shall be deemed to serve 463 a municipal or public purpose. The term “governmental purpose” 464 also includes a direct use of property on federal lands in 465 connection with the Federal Government’s Space Exploration 466 Program or spaceport activities as defined in s. 212.02(22). 467 Real property and tangible personal property owned by the 468 Federal Government or Space Florida and used for defense and 469 space exploration purposes or which is put to a use in support 470 thereof shall be deemed to perform an essential national 471 governmental purpose and shall be exempt. “Owned by the lessee” 472 as used in this chapter does not include personal property, 473 buildings, or other real property improvements used for the 474 administration, operation, business offices and activities 475 related specifically thereto in connection with the conduct of 476 an aircraft full service fixed based operation which provides 477 goods and services to the general aviation public in the 478 promotion of air commerce provided that the real property is 479 designated as an aviation area on an airport layout plan 480 approved by the Federal Aviation Administration. For purposes of 481 determination of “ownership,” buildings and other real property 482 improvements which will revert to the airport authority or other 483 governmental unit upon expiration of the term of the lease shall 484 be deemed “owned” by the governmental unit and not the lessee. 485Providing two-way telecommunications services to the public for486hire by the use of a telecommunications facility, as defined in487s. 364.02(14), and for which a certificate is required under488chapter 364 does not constitute an exempt use for purposes of s.489196.199, unless the telecommunications services are provided by490the operator of a public-use airport, as defined in s. 332.004,491for the operator’s provision of telecommunications services for492the airport or its tenants, concessionaires, or licensees, or493unless the telecommunications services are provided by a public494hospital.495 Section 14. Subsection (1) of section 199.183, Florida 496 Statutes, is amended to read: 497 199.183 Taxpayers exempt from nonrecurring taxes.— 498 (1) Intangible personal property owned by this state or any 499 of its political subdivisions or municipalities shall be exempt 500 from taxation under this chapter. This exemption does not apply 501 to: 502 (a) Any leasehold or other interest that is described in s. 503 199.023(1)(d), Florida Statutes 2005; or 504 (b)Property related to the provision of two-way505telecommunications services to the public for hire by the use of506a telecommunications facility, as defined in s. 364.02(14), and507for which a certificate is required under chapter 364, when the508service is provided by any county, municipality, or other509political subdivision of the state. Any immunity of any510political subdivision of the state or other entity of local511government from taxation of the property used to provide512telecommunication services that is taxed as a result of this513paragraph is hereby waived. However,Intangible personal 514 property related to the provision of telecommunications services 515 provided by the operator of a public-use airport, as defined in 516 s. 332.004, for the operator’s provision of telecommunications 517 services for the airport or its tenants, concessionaires, or 518 licensees, and intangible personal property related to the 519 provision of telecommunications services provided by a public 520 hospital, are exempt from taxation under this chapter. 521 Section 15. Paragraph (a) of subsection (6) of section 522 212.08, Florida Statutes, is amended to read: 523 212.08 Sales, rental, use, consumption, distribution, and 524 storage tax; specified exemptions.—The sale at retail, the 525 rental, the use, the consumption, the distribution, and the 526 storage to be used or consumed in this state of the following 527 are hereby specifically exempt from the tax imposed by this 528 chapter. 529 (6) EXEMPTIONS; POLITICAL SUBDIVISIONS.— 530 (a) There are also exempt from the tax imposed by this 531 chapter sales made to the United States Government, a state, or 532 any county, municipality, or political subdivision of a state 533 when payment is made directly to the dealer by the governmental 534 entity. This exemption shall not inure to any transaction 535 otherwise taxable under this chapter when payment is made by a 536 government employee by any means, including, but not limited to, 537 cash, check, or credit card when that employee is subsequently 538 reimbursed by the governmental entity. This exemption does not 539 include sales, rental, use, consumption, or storage for use in 540 any political subdivision or municipality in this state of 541 machines and equipment and parts and accessories therefor used 542 in the generation, transmission, or distribution of electrical 543 energy by systems owned and operated by a political subdivision 544 in this state for transmission or distribution expansion. 545 Likewise exempt are charges for services rendered by radio and 546 television stations, including line charges, talent fees, or 547 license fees and charges for films, videotapes, and 548 transcriptions used in producing radio or television broadcasts. 549The exemption provided in this subsection does not include550sales, rental, use, consumption, or storage for use in any551political subdivision or municipality in this state of machines552and equipment and parts and accessories therefor used in553providing two-way telecommunications services to the public for554hire by the use of a telecommunications facility, as defined in555s. 364.02(14), and for which a certificate is required under556chapter 364, which facility is owned and operated by any county,557municipality, or other political subdivision of the state. Any558immunity of any political subdivision of the state or other559entity of local government from taxation of the property used to560provide telecommunication services that is taxed as a result of561this section is hereby waived.However, the exemption provided 562 in this subsection includes transactions taxable under this 563 chapter which are for use by the operator of a public-use 564 airport, as defined in s. 332.004, in providing such 565 telecommunications services for the airport or its tenants, 566 concessionaires, or licensees, or which are for use by a public 567 hospital for the provision of such telecommunications services. 568 Section 16. Section 218.077, Florida Statutes, is repealed. 569 Section 17. Paragraph (w) of subsection (2) of section 570 252.35, Florida Statutes, is amended to read: 571 252.35 Emergency management powers; Division of Emergency 572 Management.— 573 (2) The division is responsible for carrying out the 574 provisions of ss. 252.31-252.90. In performing its duties, the 575 division shall: 576 (w) Delegate, as necessary and appropriate, authority 577 vested in it under ss. 252.31-252.90 and provide for the 578 subdelegation of such authority.The duration of each such579delegation or subdelegation during an emergency may not exceed58060 days; however, a delegation or subdelegation may be renewed581during the emergency, as necessary.582 Section 18. Subsection (4) of section 252.38, Florida 583 Statutes, is amended to read: 584 252.38 Emergency management powers of political 585 subdivisions.—Safeguarding the life and property of its citizens 586 is an innate responsibility of the governing body of each 587 political subdivision of the state. 588(4)EXPIRATION AND EXTENSION OF EMERGENCY ORDERS.—589(a)As used in this subsection, the term “emergency order”590means an order or ordinance issued or enacted by a political591subdivision in response to an emergency pursuant to this chapter592or chapter 381 that limits the rights or liberties of593individuals or businesses within the political subdivision. The594term does not apply to orders issued in response to hurricanes595or other weather-related emergencies.596(b)It is the intent of the Legislature to minimize the597negative effects of an emergency order issued by a political598subdivision. Notwithstanding any other law, an emergency order599issued by a political subdivision must be narrowly tailored to600serve a compelling public health or safety purpose. Any such601emergency order must be limited in duration, applicability, and602scope in order to reduce any infringement on individual rights603or liberties to the greatest extent possible.604(c)An emergency order automatically expires 7 days after605issuance but may be extended by a majority vote of the governing606body of the political subdivision, as necessary, in 7-day607increments for a total duration of not more than 42 days.608(d)The Governor may, at any time, invalidate an emergency609order issued by a political subdivision if the Governor610determines that such order unnecessarily restricts individual611rights or liberties.612(e)Upon the expiration of an emergency order, a political613subdivision may not issue a substantially similar order.614 Section 19. Subsection (2) of section 252.46, Florida 615 Statutes, is amended to read: 616 252.46 Orders and rules.— 617 (2) All orders and rules adopted by the division or any 618 political subdivision or other agency authorized by ss. 252.31 619 252.90 to make orders and rules have full force and effect of 620 law after adoption in accordance with chapter 120 in the event 621 of issuance by the division or any state agency or, if adopted 622 by a political subdivision of the state or agency thereof, when 623 filed in the office of the clerk or recorder of the political 624 subdivision or agency adopting the same.Failure of a political625subdivision to file any such order or rule with the office of626the clerk or recorder within 3 days after issuance voids the627order or rule.All existing laws, ordinances, and rules 628 inconsistent with ss. 252.31-252.90, or any order or rule issued 629 under the authority of ss. 252.31-252.90, must be suspended 630 during the period of time and to the extent that such conflict 631 exists. 632 Section 20. Section 311.25, Florida Statutes, is repealed. 633 Section 21. Paragraph (b) of subsection (1) of section 634 331.502, Florida Statutes, is amended to read: 635 331.502 Recovery of spaceflight assets.— 636 (1) As used in this section, the term: 637(b)“Law enforcement agency” has the same meaning as638provided in s. 908.102.639 Section 22. Paragraph (a) of subsection (1), subsections 640 (2) and (3), paragraph (d) of subsection (6), and subsections 641 (7), (8), and (9) of section 337.401, Florida Statutes, are 642 amended to read: 643 337.401 Use of right-of-way for utilities subject to 644 regulation; permit; fees.— 645 (1)(a) The department and local governmental entities, 646 referred to in this section and in ss. 337.402, 337.403, and 647 337.404 as the “authority,” that have jurisdiction and control 648 of public roads or publicly owned rail corridors are authorized 649 to prescribe and enforce reasonable rules or regulations with 650 reference to the placing and maintaining across, on, or within 651 the right-of-way limits of any road or publicly owned rail 652 corridors under their respective jurisdictions any electric 653 transmission, voice, telegraph,data,or other communications 654 services linesor wireless facilities; pole lines; poles; 655 railways; ditches; sewers; water, heat, or gas mains; pipelines; 656 fences; gasoline tanks and pumps; or other structures referred 657 to in this section and in ss. 337.402, 337.403, and 337.404 as 658 the “utility.” The department may enter into a permit-delegation 659 agreement with a governmental entity if issuance of a permit is 660 based on requirements that the department finds will ensure the 661 safety and integrity of facilities of the Department of 662 Transportation; however, the permit-delegation agreement does 663 not apply to facilities of electric utilities as defined in s. 664 366.02(2). 665 (2) The authority may grant to any person who is a resident 666 of this state, or to any corporation which is organized under 667 the laws of this state or licensed to do business within this 668 state, the use of a right-of-way for the utility in accordance 669 with such rules or regulations as the authority may adopt. A 670 utility may not be installed, located, or relocated unless 671 authorized by a written permit issued by the authority. However, 672 for public roads or publicly owned rail corridors under the 673 jurisdiction of the department, a utility relocation schedule 674 and relocation agreement may be executed in lieu of a written 675 permit. The permit must require the permitholder to be 676 responsible for any damage resulting from the issuance of such 677 permit. The authority may initiate injunctive proceedings as 678 provided in s. 120.69 to enforce provisions of this subsection 679 or any rule or order issued or entered into pursuant thereto.A680permit application required under this subsection by a county or681municipality having jurisdiction and control of the right-of-way682of any public road must be processed and acted upon in683accordance with the timeframes provided in subparagraphs684(7)(d)7., 8., and 9.685 (3)(a) Because of the unique circumstances applicable to 686 providers of communications services, including, but not limited 687 to, the circumstances described in paragraph (e) and the fact 688 that federal and state law require the nondiscriminatory 689 treatment of providers of telecommunications services, and 690 because of the desire to promote competition among providers of 691 communications services, it is the intent of the Legislature 692 that municipalities and counties treat providers of 693 communications services in a nondiscriminatory and competitively 694 neutral manner when imposing rules or regulations governing the 695 placement or maintenance of communications facilities in the 696 public roads or rights-of-way. Rules or regulations imposed by a 697 municipality or county relating to providers of communications 698 services placing or maintaining communications facilities in its 699 roads or rights-of-way must be generally applicable to all 700 providers of communications services, taking into account the701distinct engineering, construction, operation, maintenance,702public works, and safety requirements of the provider’s703facilities,and, notwithstanding any other law, may not require 704 a provider of communications services to apply for or enter into 705 an individual license, franchise, or other agreement with the 706 municipality or county as a condition of placing or maintaining 707 communications facilities in its roads or rights-of-way. In 708 addition to other reasonable rules or regulations that a 709 municipality or county may adopt relating to the placement or 710 maintenance of communications facilities in its roads or rights 711 of-way under this subsectionor subsection (7), a municipality 712 or county may require a provider of communications services that 713 places or seeks to place facilities in its roads or rights-of 714 way to register with the municipality or county. To register, a715provider of communications services may be required onlyto 716 provide its name; the name, address, and telephone number of a 717 contact person for the registrant; the number of the 718 registrant’s current certificate of authorization issued by the 719 Florida Public Service Commission, the Federal Communications 720 Commission, or the Department of State;a statement of whether721the registrant is a pass-through provider as defined in722subparagraph (6)(a)1.; the registrant’s federal employer723identification number;andany requiredproof of insurance or 724 self-insuring status adequate to defend and cover claims.A725municipality or county may not require a registrant to renew a726registration more frequently than every 5 years but may require727during this period that a registrant update the registration728information provided under this subsection within 90 days after729a change in such information. A municipality or county may not730require the registrant to provide an inventory of communications731facilities, maps, locations of such facilities, or other732information by a registrant as a condition of registration,733renewal, or for any other purpose; provided, however, that a734municipality or county may require as part of a permit735application that the applicant identify at-grade communications736facilities within 50 feet of the proposed installation location737for the placement of at-grade communications facilities. A738municipality or county may not require a provider to pay any739fee, cost, or other charge for registration or renewal thereof.740It is the intent of the Legislature that the placement,741operation, maintenance, upgrading, and extension of742communications facilities not be unreasonably interrupted or743delayed through the permitting or other local regulatory744process. Except as provided in this chapter or otherwise745expressly authorized by chapter 202, chapter 364, or chapter746610, a municipality or county may not adopt or enforce any747ordinance, regulation, or requirement as to the placement or748operation of communications facilities in a right-of-way by a749communications services provider authorized by state or local750law to operate in a right-of-way; regulate any communications751services; or impose or collect any tax, fee, cost, charge, or752exaction for the provision of communications services over the753communications services provider’s communications facilities in754a right-of-way.755 (b) Registration described in paragraph (a) does not 756 establish a right to place or maintain, or priority for the 757 placement or maintenance of, a communications facility in roads 758 or rights-of-way of a municipality or county. Each municipality 759 and county retains the authority to regulate and manage 760 municipal and county roads or rights-of-way in exercising its 761 police power, subject to the limitations imposed in this section762and chapters 202 and 610. Any rules or regulations adopted by a 763 municipality or county which govern the occupation of its roads 764 or rights-of-way by providers of communications services must be 765 related to the placement or maintenance of facilities in such 766 roads or rights-of-way, must be reasonable and 767 nondiscriminatory, and may include only those matters necessary 768 to manage the roads or rights-of-way of the municipality or 769 county. 770 (c)Any municipality or county that, as of January 1, 2019,771elected to require permit fees from any provider of772communications services that uses or occupies municipal or773county roads or rights-of-way pursuant to former paragraph (c)774or former paragraph (j), Florida Statutes 2018, may continue to775require and collect such fees. A municipality or county that776elected as of January 1, 2019, to require permit fees may elect777to forego such fees as provided herein. A municipality or county778that elected as of January 1, 2019, not to require permit fees779may not elect to impose permit fees.All fees authorized under 780 this paragraph must be reasonable and commensurate with the 781 direct and actual cost of the regulatory activity, including 782 issuing and processing permits, plan reviews, physical 783 inspection, and direct administrative costs; must be 784 demonstrable; and must be equitable among users of the roads or 785 rights-of-way. A fee authorized under this paragraph may not be 786 offset against the tax imposed under chapter 202; include the 787 costs of roads or rights-of-way acquisition or roads or rights 788 of-way rental; include any general administrative, management, 789 or maintenance costs of the roads or rights-of-way; or be based 790 on a percentage of the value or costs associated with the work 791 to be performed on the roads or rights-of-way. In an action to 792 recover amounts due for a fee not authorized under this 793 paragraph, the prevailing party may recover court costs and 794 attorney fees at trial and on appeal. In addition to the 795 limitations set forth in this section, a fee levied by a 796 municipality or charter county under this paragraph may not 797 exceed $100. However, permit fees may not be imposed with 798 respect to permits that may be required for service drop lines 799 not required to be noticed under s. 556.108(5) or for any 800 activity that does not require the physical disturbance of the 801 roads or rights-of-way or does not impair access to or full use 802 of the roads or rights-of-way, including, but not limited to,803the performance of service restoration work on existing804facilities, extensions of such facilities for providing805communications services to customers, and the placement of micro806wireless facilities in accordance with subparagraph (7)(e)3. 807 1. If a municipality or charter county elects to not 808 require permit fees, the total rate for the local communications 809 services tax as computed under s. 202.20 for that municipality 810 or charter county may be increased by ordinance or resolution by 811 an amount not to exceed a rate of 0.12 percent. 812 2. If a noncharter county elects to not require permit 813 fees, the total rate for the local communications services tax 814 as computed under s. 202.20 for that noncharter county may be 815 increased by ordinance or resolution by an amount not to exceed 816 a rate of 0.24 percent, to replace the revenue the noncharter 817 county would otherwise have received from permit fees for 818 providers of communications services. 819 (d) In addition to any other notice requirements, a 820 municipality must provide to the Secretary of State, at least 10 821 days prior to consideration on first reading, notice of a 822 proposed ordinance governing a telecommunications company 823 placing or maintaining telecommunications facilities in its 824 roads or rights-of-way. In addition to any other notice 825 requirements, a county must provide to the Secretary of State, 826 at least 15 days prior to consideration at a public hearing, 827 notice of a proposed ordinance governing a telecommunications 828 company placing or maintaining telecommunications facilities in 829 its roads or rights-of-way. The notice required by this 830 paragraph must be published by the Secretary of State on a 831 designated Internet website. The failure of a municipality or 832 county to provide such notice does not render the ordinance 833 invalid, provided that enforcement of such ordinance must be834suspended until 30 days after the municipality or county835provides the required notice. 836 (e) The authority of municipalities and counties to require 837 franchise fees from providers of communications services, with 838 respect to the provision of communications services, is 839 specifically preempted by the state because of unique 840 circumstances applicable to providers of communications services 841 when compared to other utilities occupying municipal or county 842 roads or rights-of-way. Providers of communications services may 843 provide similar services in a manner that requires the placement 844 of facilities in municipal or county roads or rights-of-way or 845 in a manner that does not require the placement of facilities in 846 such roads or rights-of-way. Although similar communications 847 services may be provided by different means, the state desires 848 to treat providers of communications services in a 849 nondiscriminatory manner and to have the taxes, franchise fees, 850 and other fees, costs, and financial or regulatory exactions851 paid byor imposed onproviders of communications services be 852 competitively neutral. Municipalities and counties retain all 853 existing authority, if any, to collect franchise fees from users 854 or occupants of municipal or county roads or rights-of-way other 855 than providers of communications services, and the provisions of 856 this subsection shall have no effect upon this authority. The 857 provisions of this subsection do not restrict the authority, if 858 any, of municipalities or counties or other governmental 859 entities to receive reasonable rental fees based on fair market 860 value for the use of public lands and buildings on property 861 outside the public roads or rights-of-way for the placement of 862 communications antennas and towers. 863 (f) Except as expressly allowed or authorized by general 864 law and except for the rights-of-way permit fees subject to 865 paragraph (c), a municipality or county may not levy on a 866 provider of communications services a tax, fee, or other charge 867 or imposition for operating as a provider of communications 868 services within the jurisdiction of the municipality or county 869 which is in any way related to using its roads or rights-of-way. 870 A municipality or county may not require or solicit in-kind 871 compensation, except as otherwise provided in s. 202.24(2)(c)8. 872 or, provided that the in-kind compensation is not a franchise873fee under federal law. Nothing in this paragraph impairs the874authority of a municipality or county to request public,875educational, or governmental access channels pursuant tos. 876 610.109. Nothing in this paragraph shall impair any ordinance or 877 agreement in effect on May 22, 1998, or any voluntary agreement 878 entered into subsequent to that date, which provides for or 879 allows in-kind compensation by a telecommunications company. 880 (g) A municipality or county may not use its authority over 881 the placement of facilities in its roads and rights-of-way as a 882 basis for asserting or exercising regulatory control over a 883 provider of communications services regarding matters within the 884 exclusive jurisdiction of the Florida Public Service Commission 885 or the Federal Communications Commission, including, but not 886 limited to, the operations, systems,equipment, technology,887 qualifications, services, service quality, service territory, 888 and prices of a provider of communications services.A889municipality or county may not require any permit for the890maintenance, repair, replacement, extension, or upgrade of891existing aerial wireline communications facilities on utility892poles or for aerial wireline facilities between existing893wireline communications facility attachments on utility poles by894a communications services provider. However, a municipality or895county may require a right-of-way permit for work that involves896excavation, closure of a sidewalk, or closure of a vehicular897lane or parking lane, unless the provider is performing service898restoration to existing facilities. A permit application899required by an authority under this section for the placement of900communications facilities must be processed and acted upon901consistent with the timeframes provided in subparagraphs902(7)(d)7., 8., and 9. In addition, a municipality or county may903not require any permit or other approval, fee, charge, or cost,904or other exaction for the maintenance, repair, replacement,905extension, or upgrade of existing aerial lines or underground906communications facilities located on private property outside of907the public rights-of-way. As used in this section, the term908“extension of existing facilities” includes those extensions909from the rights-of-way into a customer’s private property for910purposes of placing a service drop or those extensions from the911rights-of-way into a utility easement to provide service to a912discrete identifiable customer or group of customers.913 (h) A provider of communications services that has obtained 914 permission to occupy the roads or rights-of-way of an 915 incorporated municipality pursuant to s. 362.01 or that is 916 otherwise lawfully occupying the roads or rights-of-way of a 917 municipalityor countyshall not be required to obtain consent 918 to continue such lawful occupation of those roads or rights-of 919 way; however, nothing in this paragraph shall be interpreted to 920 limit the power of a municipalityor countyto adopt or enforce 921 reasonable rules or regulations as provided in this sectionand922consistent with chapters 202, 364, and 610. Any such rules or923regulations must be in writing, and registered providers of924communications services in the municipality or county must be925given at least 60 days’ advance written notice of any changes to926the rules and regulations. 927 (i) Except as expressly provided in this section, this 928 section does not modify the authority of municipalities and 929 counties to levy the tax authorized in chapter 202 or the duties 930 of providers of communications services under ss. 337.402 931 337.404. This section does not apply to building permits, pole 932 attachments, or private roads, private easements, and private 933 rights-of-way. 934 (j) Notwithstanding the provisions of s. 202.19, when a 935 local communications services tax rate is changed as a result of 936 an election made or changed under this subsection, such rate may 937 not be rounded to tenths. 938 (6) 939 (d) The amounts charged pursuant to this subsection shall 940 be based on the linear miles of roads or rights-of-way where a 941 communications facility is placed, not based on a summation of 942 the lengths of individual cables, conduits, strands, or fibers. 943 The amounts referenced in this subsection may be charged only 944 once annually and only to one person annually for any 945 communications facility. A municipality or county shall 946 discontinue charging such amounts to a person that has ceased to 947 be a pass-through provider. Any annual amounts charged shall be 948 reduced for a prorated portion of any 12-month period during 949 which the person remits taxes imposed by the municipality or 950 county pursuant to chapter 202. Any excess amounts paid to a 951 municipality or county shall be refunded to the person upon 952 written notice of the excess to the municipality or county.A953municipality or county may require a pass-through provider to954provide an annual notarized statement identifying the total955number of linear miles of pass-through facilities in the956municipality’s or county’s rights-of-way. Upon request from a957municipality or county, a pass-through provider must provide958reasonable access to maps of pass-through facilities located in959the rights-of-way of the municipality or county making the960request. The scope of the request must be limited to only those961maps of pass-through facilities from which the calculation of962the linear miles of pass-through facilities in the rights-of-way963can be determined. The request must be accompanied by an964affidavit that the person making the request is authorized by965the municipality or county to review tax information related to966the revenue and mileage calculations for pass-through providers.967A request may not be made more than once annually to a pass968through provider.969(7)(a)This subsection may be cited as the “Advanced970Wireless Infrastructure Deployment Act.”971(b)As used in this subsection, the term:9721.“Antenna” means communications equipment that transmits973or receives electromagnetic radio frequency signals used in974providing wireless services.9752.“Applicable codes” means uniform building, fire,976electrical, plumbing, or mechanical codes adopted by a977recognized national code organization or local amendments to978those codes enacted solely to address threats of destruction of979property or injury to persons, and includes the National980Electric Safety Code and the 2017 edition of the Florida981Department of Transportation Utility Accommodation Manual.9823.“Applicant” means a person who submits an application983and is a wireless provider.9844.“Application” means a request submitted by an applicant985to an authority for a permit to collocate small wireless986facilities or to place a new utility pole used to support a987small wireless facility.9885.“Authority” means a county or municipality having989jurisdiction and control of the rights-of-way of any public990road. The term does not include the Department of991Transportation. Rights-of-way under the jurisdiction and control992of the department are excluded from this subsection.9936.“Authority utility pole” means a utility pole owned by994an authority in the right-of-way. The term does not include a995utility pole owned by a municipal electric utility, a utility996pole used to support municipally owned or operated electric997distribution facilities, or a utility pole located in the right998of-way within:999a.A retirement community that:1000(I)Is deed restricted as housing for older persons as1001defined in s. 760.29(4)(b);1002(II)Has more than 5,000 residents; and1003(III)Has underground utilities for electric transmission1004or distribution.1005b.A municipality that:1006(I)Is located on a coastal barrier island as defined in s.1007161.053(1)(b)3.;1008(II)Has a land area of less than 5 square miles;1009(III)Has less than 10,000 residents; and1010(IV)Has, before July 1, 2017, received referendum approval1011to issue debt to finance municipal-wide undergrounding of its1012utilities for electric transmission or distribution.10137.“Collocate” or “collocation” means to install, mount,1014maintain, modify, operate, or replace one or more wireless1015facilities on, under, within, or adjacent to a wireless support1016structure or utility pole. The term does not include the1017installation of a new utility pole or wireless support structure1018in the public rights-of-way.10198.“FCC” means the Federal Communications Commission.10209.“Micro wireless facility” means a small wireless1021facility having dimensions no larger than 24 inches in length,102215 inches in width, and 12 inches in height and an exterior1023antenna, if any, no longer than 11 inches.102410.“Small wireless facility” means a wireless facility1025that meets the following qualifications:1026a.Each antenna associated with the facility is located1027inside an enclosure of no more than 6 cubic feet in volume or,1028in the case of antennas that have exposed elements, each antenna1029and all of its exposed elements could fit within an enclosure of1030no more than 6 cubic feet in volume; and1031b.All other wireless equipment associated with the1032facility is cumulatively no more than 28 cubic feet in volume.1033The following types of associated ancillary equipment are not1034included in the calculation of equipment volume: electric1035meters, concealment elements, telecommunications demarcation1036boxes, ground-based enclosures, grounding equipment, power1037transfer switches, cutoff switches, vertical cable runs for the1038connection of power and other services, and utility poles or1039other support structures.104011.“Utility pole” means a pole or similar structure that1041is used in whole or in part to provide communications services1042or for electric distribution, lighting, traffic control,1043signage, or a similar function. The term includes the vertical1044support structure for traffic lights but does not include a1045horizontal structure to which signal lights or other traffic1046control devices are attached and does not include a pole or1047similar structure 15 feet in height or less unless an authority1048grants a waiver for such pole.104912.“Wireless facility” means equipment at a fixed location1050which enables wireless communications between user equipment and1051a communications network, including radio transceivers,1052antennas, wires, coaxial or fiber-optic cable or other cables,1053regular and backup power supplies, and comparable equipment,1054regardless of technological configuration, and equipment1055associated with wireless communications. The term includes small1056wireless facilities. The term does not include:1057a.The structure or improvements on, under, within, or1058adjacent to the structure on which the equipment is collocated;1059b.Wireline backhaul facilities; or1060c.Coaxial or fiber-optic cable that is between wireless1061structures or utility poles or that is otherwise not immediately1062adjacent to or directly associated with a particular antenna.106313.“Wireless infrastructure provider” means a person who1064has been certificated under chapter 364 to provide1065telecommunications service or under chapter 610 to provide cable1066or video services in this state, or that person’s affiliate, and1067who builds or installs wireless communication transmission1068equipment, wireless facilities, or wireless support structures1069but is not a wireless services provider.107014.“Wireless provider” means a wireless infrastructure1071provider or a wireless services provider.107215.“Wireless services” means any services provided using1073licensed or unlicensed spectrum, whether at a fixed location or1074mobile, using wireless facilities.107516.“Wireless services provider” means a person who1076provides wireless services.107717.“Wireless support structure” means a freestanding1078structure, such as a monopole, a guyed or self-supporting tower,1079or another existing or proposed structure designed to support or1080capable of supporting wireless facilities. The term does not1081include a utility pole, pedestal, or other support structure for1082ground-based equipment not mounted on a utility pole and less1083than 5 feet in height.1084(c)Except as provided in this subsection, an authority may1085not prohibit, regulate, or charge for the collocation of small1086wireless facilities in the public rights-of-way or for the1087installation, maintenance, modification, operation, or1088replacement of utility poles used for the collocation of small1089wireless facilities in the public rights-of-way.1090(d)An authority may require a registration process and1091permit fees in accordance with subsection (3). An authority1092shall accept applications for permits and shall process and1093issue permits subject to the following requirements:10941.An authority may not directly or indirectly require an1095applicant to perform services unrelated to the collocation for1096which approval is sought, such as in-kind contributions to the1097authority, including reserving fiber, conduit, or pole space for1098the authority.10992.An applicant may not be required to provide more1100information to obtain a permit than is necessary to demonstrate1101the applicant’s compliance with applicable codes for the1102placement of small wireless facilities in the locations1103identified in the application. An applicant may not be required1104to provide inventories, maps, or locations of communications1105facilities in the right-of-way other than as necessary to avoid1106interference with other at-grade or aerial facilities located at1107the specific location proposed for a small wireless facility or1108within 50 feet of such location.11093.An authority may not:1110a.Require the placement of small wireless facilities on1111any specific utility pole or category of poles;1112b.Require the placement of multiple antenna systems on a1113single utility pole;1114c.Require a demonstration that collocation of a small1115wireless facility on an existing structure is not legally or1116technically possible as a condition for granting a permit for1117the collocation of a small wireless facility on a new utility1118pole except as provided in paragraph (i);1119d.Require compliance with an authority’s provisions1120regarding placement of small wireless facilities or a new1121utility pole used to support a small wireless facility in1122rights-of-way under the control of the department unless the1123authority has received a delegation from the department for the1124location of the small wireless facility or utility pole, or1125require such compliance as a condition to receive a permit that1126is ancillary to the permit for collocation of a small wireless1127facility, including an electrical permit;1128e.Require a meeting before filing an application;1129f.Require direct or indirect public notification or a1130public meeting for the placement of communication facilities in1131the right-of-way;1132g.Limit the size or configuration of a small wireless1133facility or any of its components, if the small wireless1134facility complies with the size limits in this subsection;1135h.Prohibit the installation of a new utility pole used to1136support the collocation of a small wireless facility if the1137installation otherwise meets the requirements of this1138subsection; or1139i.Require that any component of a small wireless facility1140be placed underground except as provided in paragraph (i).11414.Subject to paragraph (r), an authority may not limit the1142placement, by minimum separation distances, of small wireless1143facilities, utility poles on which small wireless facilities are1144or will be collocated, or other at-grade communications1145facilities. However, within 14 days after the date of filing the1146application, an authority may request that the proposed location1147of a small wireless facility be moved to another location in the1148right-of-way and placed on an alternative authority utility pole1149or support structure or placed on a new utility pole. The1150authority and the applicant may negotiate the alternative1151location, including any objective design standards and1152reasonable spacing requirements for ground-based equipment, for115330 days after the date of the request. At the conclusion of the1154negotiation period, if the alternative location is accepted by1155the applicant, the applicant must notify the authority of such1156acceptance and the application shall be deemed granted for any1157new location for which there is agreement and all other1158locations in the application. If an agreement is not reached,1159the applicant must notify the authority of such nonagreement and1160the authority must grant or deny the original application within116190 days after the date the application was filed. A request for1162an alternative location, an acceptance of an alternative1163location, or a rejection of an alternative location must be in1164writing and provided by electronic mail.11655.An authority shall limit the height of a small wireless1166facility to 10 feet above the utility pole or structure upon1167which the small wireless facility is to be collocated. Unless1168waived by an authority, the height for a new utility pole is1169limited to the tallest existing utility pole as of July 1, 2017,1170located in the same right-of-way, other than a utility pole for1171which a waiver has previously been granted, measured from grade1172in place within 500 feet of the proposed location of the small1173wireless facility. If there is no utility pole within 500 feet,1174the authority shall limit the height of the utility pole to 501175feet.11766.The installation by a communications services provider1177of a utility pole in the public rights-of-way, other than a1178utility pole used to support a small wireless facility, is1179subject to authority rules or regulations governing the1180placement of utility poles in the public rights-of-way.11817.Within 14 days after receiving an application, an1182authority must determine and notify the applicant by electronic1183mail as to whether the application is complete. If an1184application is deemed incomplete, the authority must1185specifically identify the missing information. An application is1186deemed complete if the authority fails to provide notification1187to the applicant within 14 days.11888.An application must be processed on a nondiscriminatory1189basis. A complete application is deemed approved if an authority1190fails to approve or deny the application within 60 days after1191receipt of the application. If an authority does not use the 301192day negotiation period provided in subparagraph 4., the parties1193may mutually agree to extend the 60-day application review1194period. The authority shall grant or deny the application at the1195end of the extended period. A permit issued pursuant to an1196approved application shall remain effective for 1 year unless1197extended by the authority.11989.An authority must notify the applicant of approval or1199denial by electronic mail. An authority shall approve a complete1200application unless it does not meet the authority’s applicable1201codes. If the application is denied, the authority must specify1202in writing the basis for denial, including the specific code1203provisions on which the denial was based, and send the1204documentation to the applicant by electronic mail on the day the1205authority denies the application. The applicant may cure the1206deficiencies identified by the authority and resubmit the1207application within 30 days after notice of the denial is sent to1208the applicant. The authority shall approve or deny the revised1209application within 30 days after receipt or the application is1210deemed approved. The review of a revised application is limited1211to the deficiencies cited in the denial. If an authority1212provides for administrative review of the denial of an1213application, the review must be complete and a written decision1214issued within 45 days after a written request for review is1215made. A denial must identify the specific code provisions on1216which the denial is based. If the administrative review is not1217complete within 45 days, the authority waives any claim1218regarding failure to exhaust administrative remedies in any1219judicial review of the denial of an application.122010.An applicant seeking to collocate small wireless1221facilities within the jurisdiction of a single authority may, at1222the applicant’s discretion, file a consolidated application and1223receive a single permit for the collocation of up to 30 small1224wireless facilities. If the application includes multiple small1225wireless facilities, an authority may separately address small1226wireless facility collocations for which incomplete information1227has been received or which are denied.122811.An authority may deny an application to collocate a1229small wireless facility or place a utility pole used to support1230a small wireless facility in the public rights-of-way if the1231proposed small wireless facility or utility pole used to support1232a small wireless facility:1233a.Materially interferes with the safe operation of traffic1234control equipment.1235b.Materially interferes with sight lines or clear zones1236for transportation, pedestrians, or public safety purposes.1237c.Materially interferes with compliance with the Americans1238with Disabilities Act or similar federal or state standards1239regarding pedestrian access or movement.1240d.Materially fails to comply with the 2017 edition of the1241Florida Department of Transportation Utility Accommodation1242Manual.1243e.Fails to comply with applicable codes.1244f.Fails to comply with objective design standards1245authorized under paragraph (r).124612.An authority may adopt by ordinance provisions for1247insurance coverage, indemnification, force majeure, abandonment,1248authority liability, or authority warranties. Such provisions1249must be reasonable and nondiscriminatory. An authority may1250require a construction bond to secure restoration of the1251postconstruction rights-of-way to the preconstruction condition.1252However, such bond must be time-limited to not more than 181253months after the construction to which the bond applies is1254completed. For any financial obligation required by an authority1255allowed under this section, the authority shall accept a letter1256of credit or similar financial instrument issued by any1257financial institution that is authorized to do business within1258the United States, provided that a claim against the financial1259instrument may be made by electronic means, including by1260facsimile. A provider of communications services may add an1261authority to any existing bond, insurance policy, or other1262relevant financial instrument, and the authority must accept1263such proof of coverage without any conditions other than consent1264to venue for purposes of any litigation to which the authority1265is a party. An authority may not require a communications1266services provider to indemnify it for liabilities not caused by1267the provider, including liabilities arising from the authority’s1268negligence, gross negligence, or willful conduct.126913.Collocation of a small wireless facility on an1270authority utility pole does not provide the basis for the1271imposition of an ad valorem tax on the authority utility pole.127214.An authority may reserve space on authority utility1273poles for future public safety uses. However, a reservation of1274space may not preclude collocation of a small wireless facility.1275If replacement of the authority utility pole is necessary to1276accommodate the collocation of the small wireless facility and1277the future public safety use, the pole replacement is subject to1278make-ready provisions and the replaced pole shall accommodate1279the future public safety use.128015.A structure granted a permit and installed pursuant to1281this subsection shall comply with chapter 333 and federal1282regulations pertaining to airport airspace protections.1283(e)An authority may not require any permit or other1284approval or require fees or other charges, costs, or other1285exactions for:12861.Routine maintenance, the performance of service1287restoration work on existing facilities, or repair work,1288including, but not limited to, emergency repairs of existing1289facilities or extensions of such facilities for providing1290communications services to customers;12912.Replacement of existing wireless facilities with1292wireless facilities that are substantially similar or of the1293same or smaller size; or12943.Installation, placement, maintenance, or replacement of1295micro wireless facilities that are suspended on cables strung1296between existing utility poles in compliance with applicable1297codes by or for a communications services provider authorized to1298occupy the rights-of-way and who is remitting taxes under1299chapter 202. An authority may require an initial letter from or1300on behalf of such provider, which is effective upon filing,1301attesting that the micro wireless facility dimensions comply1302with the limits of this subsection. The authority may not1303require any additional filing or other information as long as1304the provider is deploying the same, a substantially similar, or1305a smaller size micro wireless facility equipment.1306 1307Notwithstanding this paragraph, an authority may require a1308right-of-way permit for work that involves excavation, closure1309of a sidewalk, or closure of a vehicular lane or parking lane,1310unless the provider is performing service restoration on an1311existing facility and the work is done in compliance with the13122017 edition of the Florida Department of Transportation Utility1313Accommodation Manual. An authority may require notice of such1314work within 30 days after restoration and may require an after1315the-fact permit for work which would otherwise have required a1316permit.1317(f)Collocation of small wireless facilities on authority1318utility poles is subject to the following requirements:13191.An authority may not enter into an exclusive arrangement1320with any person for the right to attach equipment to authority1321utility poles.13222.The rates and fees for collocations on authority utility1323poles must be nondiscriminatory, regardless of the services1324provided by the collocating person.13253.The rate to collocate small wireless facilities on an1326authority utility pole may not exceed $150 per pole annually.13274.Agreements between authorities and wireless providers1328that are in effect on July 1, 2017, and that relate to the1329collocation of small wireless facilities in the right-of-way,1330including the collocation of small wireless facilities on1331authority utility poles, remain in effect, subject to applicable1332termination provisions. The wireless provider may accept the1333rates, fees, and terms established under this subsection for1334small wireless facilities and utility poles that are the subject1335of an application submitted after the rates, fees, and terms1336become effective.13375.A person owning or controlling an authority utility pole1338shall offer rates, fees, and other terms that comply with this1339subsection. By the later of January 1, 2018, or 3 months after1340receiving a request to collocate its first small wireless1341facility on a utility pole owned or controlled by an authority,1342the person owning or controlling the authority utility pole1343shall make available, through ordinance or otherwise, rates,1344fees, and terms for the collocation of small wireless facilities1345on the authority utility pole which comply with this subsection.1346a.The rates, fees, and terms must be nondiscriminatory and1347competitively neutral and must comply with this subsection.1348b.For an authority utility pole that supports an aerial1349facility used to provide communications services or electric1350service, the parties shall comply with the process for make1351ready work under 47 U.S.C. s. 224 and implementing regulations.1352The good faith estimate of the person owning or controlling the1353pole for any make-ready work necessary to enable the pole to1354support the requested collocation must include pole replacement1355if necessary.1356c.For an authority utility pole that does not support an1357aerial facility used to provide communications services or1358electric service, the authority shall provide a good faith1359estimate for any make-ready work necessary to enable the pole to1360support the requested collocation, including necessary pole1361replacement, within 60 days after receipt of a complete1362application. Make-ready work, including any pole replacement,1363must be completed within 60 days after written acceptance of the1364good faith estimate by the applicant. Alternatively, an1365authority may require the applicant seeking to collocate a small1366wireless facility to provide a make-ready estimate at the1367applicant’s expense for the work necessary to support the small1368wireless facility, including pole replacement, and perform the1369make-ready work. If pole replacement is required, the scope of1370the make-ready estimate is limited to the design, fabrication,1371and installation of a utility pole that is substantially similar1372in color and composition. The authority may not condition or1373restrict the manner in which the applicant obtains, develops, or1374provides the estimate or conducts the make-ready work subject to1375usual construction restoration standards for work in the right1376of-way. The replaced or altered utility pole shall remain the1377property of the authority.1378d.An authority may not require more make-ready work than1379is required to meet applicable codes or industry standards. Fees1380for make-ready work may not include costs related to preexisting1381damage or prior noncompliance. Fees for make-ready work,1382including any pole replacement, may not exceed actual costs or1383the amount charged to communications services providers other1384than wireless services providers for similar work and may not1385include any consultant fee or expense.1386(g)For any applications filed before the effective date of1387ordinances implementing this subsection, an authority may apply1388current ordinances relating to placement of communications1389facilities in the right-of-way related to registration,1390permitting, insurance coverage, indemnification, force majeure,1391abandonment, authority liability, or authority warranties.1392Permit application requirements and small wireless facility1393placement requirements, including utility pole height limits,1394that conflict with this subsection must be waived by the1395authority. An authority may not institute, either expressly or1396de facto, a moratorium, zoning-in-progress, or other mechanism1397that would prohibit or delay the filing, receiving, or1398processing of registrations, applications, or issuing of permits1399or other approvals for the collocation of small wireless1400facilities or the installation, modification, or replacement of1401utility poles used to support the collocation of small wireless1402facilities.1403(h)Except as provided in this section or specifically1404required by state law, an authority may not adopt or enforce any1405regulation on the placement or operation of communications1406facilities in the rights-of-way by a provider authorized by1407state law to operate in the rights-of-way and may not regulate1408any communications services or impose or collect any tax, fee,1409or charge not specifically authorized under state law. This1410paragraph does not alter any law regarding an authority’s1411ability to regulate the relocation of facilities.1412(i)1.In an area where an authority has required all public1413utility lines in the rights-of-way to be placed underground, a1414wireless provider must comply with written, objective,1415reasonable, and nondiscriminatory requirements that prohibit new1416utility poles used to support small wireless facilities if:1417a.The authority, at least 90 days prior to the submission1418of an application, has required all public utility lines to be1419placed underground;1420b.Structures that the authority allows to remain above1421ground are reasonably available to wireless providers for the1422collocation of small wireless facilities and may be replaced by1423a wireless provider to accommodate the collocation of small1424wireless facilities; and1425c.A wireless provider may install a new utility pole in1426the designated area in the right-of-way that otherwise complies1427with this subsection and it is not reasonably able to provide1428wireless service by collocating on a remaining utility pole or1429other structure in the right-of-way.14302.For small wireless facilities installed before an1431authority adopts requirements that public utility lines be1432placed underground, an authority adopting such requirements1433must:1434a.Allow a wireless provider to maintain the small wireless1435facilities in place subject to any applicable pole attachment1436agreement with the pole owner; or1437b.Allow the wireless provider to replace the associated1438pole within 50 feet of the prior location in accordance with1439paragraph (r).1440(j)A wireless infrastructure provider may apply to an1441authority to place utility poles in the public rights-of-way to1442support the collocation of small wireless facilities. The1443application must include an attestation that small wireless1444facilities will be collocated on the utility pole or structure1445and will be used by a wireless services provider to provide1446service within 9 months after the date the application is1447approved. The authority shall accept and process the application1448in accordance with subparagraph (d)6. and any applicable codes1449and other local codes governing the placement of utility poles1450in the public rights-of-way.1451(k)This subsection does not limit a local government’s1452authority to enforce historic preservation zoning regulations1453consistent with the preservation of local zoning authority under145447 U.S.C. s. 332(c)(7), the requirements for facility1455modifications under 47 U.S.C. s. 1455(a), or the National1456Historic Preservation Act of 1966, as amended, and the1457regulations adopted to implement such laws. An authority may1458enforce local codes, administrative rules, or regulations1459adopted by ordinance in effect on April 1, 2017, which are1460applicable to a historic area designated by the state or1461authority. An authority may enforce pending local ordinances,1462administrative rules, or regulations applicable to a historic1463area designated by the state if the intent to adopt such changes1464has been publicly declared on or before April 1, 2017. An1465authority may waive any ordinances or other requirements that1466are subject to this paragraph.1467(l)This subsection does not authorize a person to1468collocate or attach wireless facilities, including any antenna,1469micro wireless facility, or small wireless facility, on a1470privately owned utility pole, a utility pole owned by an1471electric cooperative or a municipal electric utility, a1472privately owned wireless support structure, or other private1473property without the consent of the property owner.1474(m)The approval of the installation, placement,1475maintenance, or operation of a small wireless facility pursuant1476to this subsection does not authorize the provision of any1477voice, data, or video communications services or the1478installation, placement, maintenance, or operation of any1479communications facilities other than small wireless facilities1480in the right-of-way.1481(n)This subsection does not affect provisions relating to1482pass-through providers in subsection (6).1483(o)This subsection does not authorize a person to1484collocate or attach small wireless facilities or micro wireless1485facilities on a utility pole, unless otherwise permitted by1486federal law, or erect a wireless support structure in the right1487of-way located within a retirement community that:14881.Is deed restricted as housing for older persons as1489defined in s. 760.29(4)(b);14902.Has more than 5,000 residents; and14913.Has underground utilities for electric transmission or1492distribution.1493 1494This paragraph does not apply to the installation, placement,1495maintenance, or replacement of micro wireless facilities on any1496existing and duly authorized aerial communications facilities,1497provided that once aerial facilities are converted to1498underground facilities, any such collocation or construction1499shall be only as provided by the municipality’s underground1500utilities ordinance.1501(p)This subsection does not authorize a person to1502collocate or attach small wireless facilities or micro wireless1503facilities on a utility pole, unless otherwise permitted by1504federal law, or erect a wireless support structure in the right1505of-way located within a municipality that:15061.Is located on a coastal barrier island as defined in s.1507161.053(1)(b)3.;15082.Has a land area of less than 5 square miles;15093.Has fewer than 10,000 residents; and15104.Has, before July 1, 2017, received referendum approval1511to issue debt to finance municipal-wide undergrounding of its1512utilities for electric transmission or distribution.1513 1514This paragraph does not apply to the installation, placement,1515maintenance, or replacement of micro wireless facilities on any1516existing and duly authorized aerial communications facilities,1517provided that once aerial facilities are converted to1518underground facilities, any such collocation or construction1519shall be only as provided by the municipality’s underground1520utilities ordinance.1521(q)This subsection does not authorize a person to1522collocate small wireless facilities or micro wireless facilities1523on an authority utility pole or erect a wireless support1524structure in a location subject to covenants, conditions,1525restrictions, articles of incorporation, and bylaws of a1526homeowners’ association. This paragraph does not apply to the1527installation, placement, maintenance, or replacement of micro1528wireless facilities on any existing and duly authorized aerial1529communications facilities.1530(r)An authority may require wireless providers to comply1531with objective design standards adopted by ordinance. The1532ordinance may only require:15331.A new utility pole that replaces an existing utility1534pole to be of substantially similar design, material, and color;15352.Reasonable spacing requirements concerning the location1536of a ground-mounted component of a small wireless facility which1537does not exceed 15 feet from the associated support structure;1538or15393.A small wireless facility to meet reasonable location1540context, color, camouflage, and concealment requirements,1541subject to the limitations in this subsection; and15424.A new utility pole used to support a small wireless1543facility to meet reasonable location context, color, and1544material of the predominant utility pole type at the proposed1545location of the new utility pole.1546 1547Such design standards under this paragraph may be waived by the1548authority upon a showing that the design standards are not1549reasonably compatible for the particular location of a small1550wireless facility or utility pole or are technically infeasible1551or that the design standards impose an excessive expense. The1552waiver must be granted or denied within 45 days after the date1553of the request.1554(8)(a)Any person aggrieved by a violation of this section1555may bring a civil action in a United States District Court or in1556any other court of competent jurisdiction.1557(b)The court may:15581.Grant temporary or permanent injunctions on terms as it1559may deem reasonable to prevent or restrain violations of this1560section; and15612.Direct the recovery of full costs, including awarding1562reasonable attorney fees, to the party who prevails.1563(9)All work in the authority’s rights-of-way under this1564section must comply with the 2017 edition of the Florida1565Department of Transportation Utility Accommodation Manual.1566 Section 23. Paragraphs (a) through (e), (k), and (l) of 1567 subsection (2) and subsections (4) and (6) of section 350.81, 1568 Florida Statutes, are amended to read: 1569 350.81 Communications services offered by governmental 1570 entities.— 1571 (2)(a) A governmental entity that proposes to provide a 1572 communications service shall hold no less than two public 1573 hearings, which shall be held not less than 30 days apart.At1574least 30 days before the first of the two public hearings,The 1575 governmental entity must give notice of the hearing in the 1576 predominant newspaper of general circulation in the area 1577 considered for service. At least 40 days before the first public 1578 hearing, the governmental entity must electronically provide 1579 notice to the Department of Revenue and the Public Service 1580 Commission, which shall post the notice on the department’s and 1581 the commission’s website to be available to the public.The1582Department of Revenue shall also send the notice by United1583States Postal Service to the known addresses for all dealers of1584communications services registered with the department under1585chapter 202 or provide an electronic notification, if the means1586are available, within 10 days after receiving the notice.The 1587 notice must include the time and place of the hearings and must 1588 state that the purpose of the hearings is to consider whether 1589 the governmental entity will provide communications services. 1590 The notice must include, at a minimum, the geographic areas 1591 proposed to be served by the governmental entityand the1592services, if any, which the governmental entity believes are not1593currently being adequately provided.The notice must also state1594that any dealer who wishes to do so may appear and be heard at1595the public hearings.1596 (b) At a public hearing required by this subsection, a 1597 governmental entity must, at a minimum, consider: 1598 1. Whether the service that is proposed to be provided is 1599 currently being offered in the community and, if so, whether the 1600 service is generally available throughout the community. 1601 2.Whether a similar service is currently being offered in1602the community and, if so, whether the service is generally1603available throughout the community.16043.If the sameor similarservice is not currently offered, 1605 whether any other service provider proposes to offer the sameor1606a similarserviceand, if so, what assurances that service1607provider is willing or able to offer regarding the same or1608similar service. 1609 3.4.The capital investment required by the government 1610 entity to provide the communications service, the estimated 1611 realistic cost of operation and maintenance and, using a full 1612 cost-accounting method, the estimated realistic revenues and 1613 expenses of providing the service and the proposed method of 1614 financing. 1615 4.5.The private and public costs and benefits of providing 1616 the serviceby a private entity or a governmental entity,1617including the affect on existing and future jobs, actual1618economic development prospects, tax-base growth, education, and1619public health. 1620 (c) At one or more of the public hearings under this 1621 subsection, the governmental entity must make available to the 1622 public awritten businessplan for the proposed communications 1623 service venturecontaining, at a minimum:16241.The projected number of subscribers to be served by the1625venture.16262.The geographic area to be served by the venture.16273.The types of communications services to be provided.16284.A plan to ensure that revenues exceed operating expenses1629and payment of principal and interest on debt within 4 years.16305.Estimated capital and operational costs and revenues for1631the first 4 years.16326.Projected network modernization and technological1633upgrade plans, including estimated costs. 1634 (d)After making specific findings regarding the factors in1635paragraphs (b) and (c),The governmental entity may authorize 1636 providing a communications service by a majority recorded vote 1637 and by resolution, ordinance, or other formal means of adoption. 1638 (e)1. The governing body of a governmental entity may issue 1639 one or more bonds to finance the capital costs for facilities to 1640 provide a communications service.However:16411.A governmental entity may only pledge revenues in1642support of the issuance of any bond to finance providing a1643communications service:1644a.Within the county in which the governmental entity is1645located;1646b.Within an area in which the governmental entity provides1647electric service outside its home county under an electric1648service territorial agreement approved by the Public Service1649Commission before the effective date of this act; or1650c.If the governmental entity is a municipality or special1651district, within its corporate limits or in an area in which the1652municipality or special district provides water, wastewater,1653electric, or natural gas service, or within an urban service1654area designated in a comprehensive plan, whichever is larger,1655unless the municipality or special district obtains the consent1656by formal action of the governmental entity within the1657boundaries of which the municipality or special district1658proposes to provide service. For consent to be effective, any1659governmental entity from which consent is sought shall be1660located within the county in which the governmental entity is1661located or that county.1662 2. Revenue bonds issued in order to finance providing a 1663 communications service are not subject to the approval of the 1664 electors if the revenue bonds mature within 15 years. Revenue 1665 bonds issued to finance providing a communications service that 1666 does not mature within 15 years must be approved by the 1667 electors. The election must be conducted as specified in chapter 1668 100. 1669 (k) The governmental entity shall conduct an annual review 1670 at a formal public meeting to consider the progress the 1671 governmental entity is making toward reaching itsbusinessplan 1672 goals and objectives for providing communication services. At 1673 the public meeting the governmental entity shall review the 1674 related revenues, operating expenses, and payment of interest on 1675 debt. 1676(l)If, after 4 years following the initiation of the1677provision of communications services by a governmental entity or16784 years after the effective date of this act, whichever is1679later, revenues do not exceed operating expenses and payment of1680principal and interest on the debt for a governmental entity’s1681provision of communications services, no later than 60 days1682following the end of the 4-year period a governmental entity1683shall hold a public hearing at which the governmental entity1684shall do at least one of the following:16851.Approve a plan to cease providing communications1686services;16872.Approve a plan to dispose of the system the governmental1688entity is using to provide communications services and,1689accordingly, to cease providing communications services;16903.Approve a plan to create a partnership with a private1691entity in order to achieve operations in which revenues exceed1692operating expenses and payment of principal and interest on1693debt; or16944.Approve the continuing provision of communications1695services by a majority vote of the governing body of the1696governing authority.1697 (4)(a) If a governmental entity was providing, as of April 1698 1, 2005, advanced services, cable services, or 1699 telecommunications services, thenit is not required to comply1700with paragraph (2)(a), paragraph (2)(b), paragraph (2)(c),1701paragraph (2)(d), sub-subparagraph (2)(e)1.c., paragraph (2)(f),1702or paragraph (2)(k) in order to continue to provide advanced1703services, cable services, or telecommunications services,1704respectively, butit must comply with and be subject to all 1705otherprovisions of this section. 1706 (b) If a governmental entity, as of April 1, 2005, had 1707 issued debt pledging revenues from an advanced service, cable 1708 service, or telecommunications service, thenit is not required1709to comply with paragraph (2)(a), paragraph (2)(b), paragraph1710(2)(c), paragraph (2)(d), sub-subparagraph (2)(e)1.c., paragraph1711(2)(f), or paragraph (2)(k) in order to provide advanced1712services, cable services, or telecommunications services,1713respectively, butit must comply with and be subject to all 1714 other provisions of this section. 1715 (c) If a governmental entity, as of April 1, 2005, has 1716 purchased equipment specifically for the provisioning of 1717 advanced service, cable service, or telecommunication service, 1718 and, as of May 6, 2005, has a population of less than 7,500, and 1719 has authorized by formal action the providing of an advanced 1720 service, cable service, or telecommunication service, thenit is1721not required to comply with paragraph (2)(a), paragraph (2)(b),1722paragraph (2)(c), paragraph (2)(d), sub-subparagraph (2)(e)1.c.,1723paragraph (2)(f), or paragraph (2)(k) in order to provide1724advanced service, cable service, or telecommunication service,1725respectively, butit must comply with and be subject to all 1726 other provisions of this section. 1727 1728 This subsection does not relieve a governmental entity from 1729 complying with subsection (5). 1730 (6) To ensure the safe and secure transportation of 1731 passengers and freight through an airport facility, as defined 1732 in s. 159.27(17), an airport authority or other governmental 1733 entity that provides or is proposing to provide communications 1734 services only within the boundaries of its airport layout plan, 1735 as defined in s. 333.01(6), to subscriberswhich are integral1736and essentialto thesafe andsecure transportation of 1737 passengers and freight through the airport facility, is exempt 1738 from this section. An airport authority or other governmental 1739 entity that provides or is proposing to provide shared-tenant 1740 service under s. 364.339, but not dial tone enabling subscribers 1741 to complete calls outside the airport layout plan, to one or 1742 more subscribers within its airport layout plan which are not 1743 integral and essential to the safe and secure transportation of 1744 passengers and freight through the airport facility is exempt 1745 from this section.An airport authority or other governmental1746entity that provides or is proposing to provide communications1747services to one or more subscribers within its airport layout1748plan which are not integral and essential to the safe and secure1749transportation of passengers and freight through the airport1750facility, or to one or more subscribers outside its airport1751layout plan, is not exempt from this section. By way of example1752and not limitation, the integral, essential subscribers may1753include airlines and emergency service entities, and the1754nonintegral, nonessential subscribers may include retail shops,1755restaurants, hotels, or rental car companies.1756 Section 24. Section 366.032, Florida Statutes, is repealed. 1757 Section 25. Section 377.707, Florida Statutes, is repealed. 1758 Section 26. Subsection (9) of section 403.412, Florida 1759 Statutes, is amended to read: 1760 403.412 Environmental Protection Act.— 1761(9)(a)A local government regulation, ordinance, code,1762rule, comprehensive plan, charter, or any other provision of law1763may not recognize or grant any legal rights to a plant, an1764animal, a body of water, or any other part of the natural1765environment that is not a person or political subdivision as1766defined in s. 1.01(8) or grant such person or political1767subdivision any specific rights relating to the natural1768environment not otherwise authorized in general law or1769specifically granted in the State Constitution.1770(b)This subsection does not limit the power of an1771adversely affected party to challenge the consistency of a1772development order with a comprehensive plan as provided in s.1773163.3215 or to file an action for injunctive relief to enforce1774the terms of a development agreement or challenge compliance of1775the agreement as provided in s. 163.3243.1776(c)This subsection does not limit the standing of the1777Department of Legal Affairs, a political subdivision or1778municipality of the state, or a citizen of the state to maintain1779an action for injunctive relief as provided in this section.1780 Section 27. Section 403.7033, Florida Statutes, is amended 1781 to read: 1782 403.7033 Departmental analysis of particular recyclable 1783 materials.—The Legislature finds that prudent regulation of 1784 recyclable materials is crucial to the ongoing welfare of 1785 Florida’s ecology and economy. As such, the Department of 1786 Environmental Protection shall review and update its 2010 report 1787 on retail bags analyzing the need for new or different 1788 regulation of auxiliary containers, wrappings, or disposable 1789 plastic bags used by consumers to carry products from retail 1790 establishments. The updated report must include input from state 1791 and local government agencies, stakeholders, private businesses, 1792 and citizens and must evaluate the efficacy and necessity of 1793 both statewide and local regulation of these materials. To 1794 ensure consistent and effective implementation, the department 1795 shall submit the updated report with conclusions and 1796 recommendations to the Legislature no later than December 31, 1797 2021.Until such time that the Legislature adopts the1798recommendations of the department, a local government, local1799governmental agency, or state governmental agency may not enact1800any rule, regulation, or ordinance regarding use, disposition,1801sale, prohibition, restriction, or tax of such auxiliary1802containers, wrappings, or disposable plastic bags.1803 Section 28. Paragraph (a) of subsection (4) of section 1804 489.117, Florida Statutes, is amended to read: 1805 489.117 Registration; specialty contractors.— 1806 (4)(a) A person whose job scope does not substantially 1807 correspond to either the job scope of one of the contractor 1808 categories defined in s. 489.105(3)(a)-(o), or the job scope of 1809 one of the certified specialty contractor categories established 1810 by board rule, is not required to register with the board.A1811local government, as defined in s. 163.211, may not require a1812person to obtain a license for a job scope which does not1813substantially correspond to the job scope of one of the1814contractor categories defined in s. 489.105(3)(a)-(o) and (q) or1815authorized in s. 489.1455(1). For purposes of this section, job1816scopes for which a local government may not require a license1817include, but are not limited to, painting; flooring; cabinetry;1818interior remodeling; driveway or tennis court installation;1819handyman services; decorative stone, tile, marble, granite, or1820terrazzo installation; plastering; stuccoing; caulking; and1821canvas awning and ornamental iron installation.1822 Section 29. Subsection (1) of section 489.1455, Florida 1823 Statutes, is amended to read: 1824 489.1455 Journeyman; reciprocity; standards.— 1825(1)Counties and municipalities are authorized to issue1826journeyman licenses in the plumbing, pipe fitting, mechanical,1827or HVAC trades.1828 Section 30. Subsection (1) of section 489.5335, Florida 1829 Statutes, is amended to read: 1830 489.5335 Journeyman; reciprocity; standards.— 1831(1)Counties and municipalities are authorized to issue1832journeyman licenses in the electrical and alarm system trades.1833 Section 31. Subsection (7) of section 499.002, Florida 1834 Statutes, is amended to read: 1835 499.002 Purpose, administration, and enforcement of and 1836 exemption from this part.— 1837(7)Notwithstanding any other law or local ordinance or1838regulation to the contrary, the regulation of over-the-counter1839proprietary drugs and cosmetics is expressly preempted to the1840state.1841 Section 32. Section 500.90, Florida Statutes, is repealed. 1842 Section 33. Subsection (4) of section 790.251, Florida 1843 Statutes, is amended to read: 1844 790.251 Protection of the right to keep and bear arms in 1845 motor vehicles for self-defense and other lawful purposes; 1846 prohibited acts; duty of public and private employers; immunity 1847 from liability; enforcement.— 1848 (4) PROHIBITED ACTS.—No public or private employer may 1849 violate the constitutional rights of any customer, employee, or 1850 invitee as provided in paragraphs (a)-(e): 1851 (a) No public or private employer may prohibit any 1852 customer, employee, or invitee from possessing any legally owned 1853 firearm when such firearm is lawfully possessed and locked 1854 inside or locked to a private motor vehicle in a parking lot and 1855 when the customer, employee, or invitee is lawfully in such 1856 area. 1857 (b) No public or private employer may violate the privacy 1858 rights of a customer, employee, or invitee by verbal or written 1859 inquiry regarding the presence of a firearm inside or locked to 1860 a private motor vehicle in a parking lot or by an actual search 1861 of a private motor vehicle in a parking lot to ascertain the 1862 presence of a firearm within the vehicle. Further, no public or 1863 private employer may take any action against a customer, 1864 employee, or invitee based upon verbal or written statements of 1865 any party concerning possession of a firearm stored inside a 1866 private motor vehicle in a parking lot for lawful purposes. A 1867 search of a private motor vehicle in the parking lot of a public 1868 or private employer to ascertain the presence of a firearm 1869 within the vehicle may only be conducted by on-duty law 1870 enforcement personnel, based upon due process and must comply 1871 with constitutional protections. 1872 (c) No public or private employer shall condition 1873 employment upon either: 1874 1. The fact that an employee or prospective employee holds 1875 or does not hold a license issued pursuant to s. 790.06; or 1876 2. Any agreement by an employee or a prospective employee 1877 that prohibits an employee from keeping a legal firearm locked 1878 inside or locked to a private motor vehicle in a parking lot 1879 when such firearm is kept for lawful purposes. 1880 (d) No public or private employer shall prohibit or attempt 1881 to prevent any customer, employee, or invitee from entering the 1882 parking lot of the employer’s place of business because the 1883 customer’s, employee’s, or invitee’s private motor vehicle 1884 contains a legal firearm being carried for lawful purposes, that 1885 is out of sight within the customer’s, employee’s, or invitee’s 1886 private motor vehicle. 1887 (e) No public or private employer may terminate the 1888 employment of or otherwise discriminate against an employee, or 1889 expel a customer or invitee for exercising his or her 1890 constitutional right to keep and bear arms or for exercising the 1891 right of self-defense as long as a firearm is never exhibited on 1892 company property for any reason other than lawful defensive 1893 purposes. 1894 1895 This subsection applies to all public sector employers,1896including those already prohibited from regulating firearms1897under the provisions of s. 790.33. 1898 Section 34. Section 569.0025, Florida Statutes, is 1899 repealed. 1900 Section 35. Section 569.315, Florida Statutes, is repealed. 1901 Section 36. Section 790.33, Florida Statutes, is repealed. 1902 Section 37. Subsection (41) of section 570.07, Florida 1903 Statutes, is amended to read: 1904 570.07 Department of Agriculture and Consumer Services; 1905 functions, powers, and duties.—The department shall have and 1906 exercise the following functions, powers, and duties: 1907(41)(a)Except as otherwise provided in paragraph (b), to1908exercise the exclusive authority to regulate the sale,1909composition, packaging, labeling, wholesale and retail1910distribution, and formulation, including nutrient content level1911and release rates, of fertilizer under chapter 576. This1912subsection expressly preempts such regulation of fertilizer to1913the state.1914(b)An ordinance regulating the sale of fertilizer adopted1915by a county or municipal government before July 1, 2011, is1916exempt from this subsection, and the county or municipal1917government may enforce such ordinance within its respective1918jurisdiction.1919 Section 38. Chapter 908, Florida Statutes, consisting of 1920 ss. 908.101, 908.102, 908.103, 908.104, 908.105, 908.106, 1921 908.107, 908.108, and 908.109, Florida Statutes, is repealed. 1922 Section 39. This act shall take effect on the effective 1923 date of the amendment to the State Constitution proposed by SJR 1924 152 or a similar joint resolution having substantially the same 1925 specific intent and purpose, if such amendment to the State 1926 Constitution is approved at the general election held in 1927 November 2022 or at an earlier special election specifically 1928 authorized by law for that purpose.