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 local
  179  governmental entity is expressly preempted from enacting or
  180  adopting:
  181         1.Contribution limits that differ from the limitations
  182  established in subsection (1);
  183         2.Any limitation or restriction involving contributions to
  184  a political committee or an electioneering communications
  185  organization; or
  186         3.Any limitation or restriction on expenditures for an
  187  electioneering communication or an independent expenditure.
  188         (b)Any existing or future limitation or restriction
  189  enacted or adopted by a county, a municipality, or any other
  190  local governmental entity which is in conflict with this
  191  subsection 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 has
  197  the effect of imposing controls on rents shall terminate and
  198  expire within 1 year and shall not be extended or renewed except
  199  by the adoption of a new measure meeting all the requirements of
  200  this 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 requirements
  213  of subsection (2) or, for residential or mixed-use residential
  214  development, the requirements of subsection (3), a county must
  215  provide incentives to fully offset all costs to the developer of
  216  its affordable housing contribution or linkage fee. Such
  217  incentives may include, but are not limited to:
  218         (a)Allowing the developer density or intensity bonus
  219  incentives or more floor space than allowed under the current or
  220  proposed future land use designation or zoning;
  221         (b)Reducing or waiving fees, such as impact fees or water
  222  and sewer charges; or
  223         (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
  230  only if 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; and
  236         (3)Notwithstanding any other provision of law, pays, on
  237  its telecommunications facilities used to provide two-way
  238  telecommunication services to the public for hire and for which
  239  a certificate is required under chapter 364, ad valorem taxes,
  240  or fees in amounts equal thereto, to any taxing jurisdiction in
  241  which the county or other entity of local government operates.
  242  Any entity of local government may pay and impose such ad
  243  valorem taxes or fees. Any immunity of any county or other
  244  entity of local government from taxation of the property taxed
  245  by 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 special
  261  district may increase an impact fee only as provided in this
  262  subsection.
  263         (a)An impact fee may be increased only pursuant to a plan
  264  for the imposition, collection, and use of the increased impact
  265  fees which complies with this section.
  266         (b)An increase to a current impact fee rate of not more
  267  than 25 percent of the current rate must be implemented in two
  268  equal annual increments beginning with the date on which the
  269  increased fee is adopted.
  270         (c)An increase to a current impact fee rate which exceeds
  271  25 percent but is not more than 50 percent of the current rate
  272  must be implemented in four equal installments beginning with
  273  the date the increased fee is adopted.
  274         (d)An impact fee increase may not exceed 50 percent of the
  275  current impact fee rate.
  276         (e)An impact fee may not be increased more than once every
  277  4 years.
  278         (f)An impact fee may not be increased retroactively for a
  279  previous or current fiscal or calendar year.
  280         (g)A local government, school district, or special
  281  district may increase an impact fee rate beyond the phase-in
  282  limitations established under paragraph (b), paragraph (c),
  283  paragraph (d), or paragraph (e) by establishing the need for
  284  such increase in full compliance with the requirements of
  285  subsection (4), provided the following criteria are met:
  286         1.A demonstrated-need study justifying any increase in
  287  excess of those authorized in paragraph (b), paragraph (c),
  288  paragraph (d), or paragraph (e) has been completed within the 12
  289  months before the adoption of the impact fee increase and
  290  expressly demonstrates the extraordinary circumstances
  291  necessitating the need to exceed the phase-in limitations.
  292         2.The local government jurisdiction has held not less than
  293  two publicly noticed workshops dedicated to the extraordinary
  294  circumstances necessitating the need to exceed the phase-in
  295  limitations set forth in paragraph (b), paragraph (c), paragraph
  296  (d), or paragraph (e).
  297         3.The impact fee increase ordinance is approved by at
  298  least a two-thirds vote of the governing body.
  299         (h)This subsection operates retroactively to January 1,
  300  2021.
  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 requirements
  306  of subsection (2) or, for residential or mixed-use residential
  307  development, the requirements of subsection (3), a municipality
  308  must provide incentives to fully offset all costs to the
  309  developer of its affordable housing contribution or linkage fee.
  310  Such incentives may include, but are not limited to:
  311         (a)Allowing the developer density or intensity bonus
  312  incentives or more floor space than allowed under the current or
  313  proposed future land use designation or zoning;
  314         (b)Reducing or waiving fees, such as impact fees or water
  315  and sewer charges; or
  316         (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 has
  322  the effect of imposing controls on rents shall terminate and
  323  expire within 1 year and shall not be extended or renewed except
  324  by the adoption of a new measure meeting all the requirements of
  325  this 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; and
  348         (3)Notwithstanding any other provision of law, pays, on
  349  its telecommunications facilities used to provide two-way
  350  telecommunications services to the public for hire and for which
  351  a certificate is required pursuant to chapter 364, ad valorem
  352  taxes, or fees in amounts equal thereto, to any taxing
  353  jurisdiction in which the municipality or other entity of local
  354  government operates. Any entity of local government may pay and
  355  impose 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 a
  369  funding reduction to the operating budget of the municipal law
  370  enforcement agency, the state attorney for the judicial circuit
  371  in which the municipality is located, or a member of the
  372  governing body who objects to the funding reduction, may file an
  373  appeal by petition to the Administration Commission within 30
  374  days after the day the tentative budget is posted to the
  375  official website of the municipality under subsection (3). The
  376  petition must set forth the tentative budget proposed by the
  377  municipality, in the form and manner prescribed by the Executive
  378  Office of the Governor and approved by the Administration
  379  Commission, the operating budget of the municipal law
  380  enforcement agency as approved by the municipality for the
  381  previous year, and state the reasons or grounds for the appeal.
  382  The petition shall be filed with the Executive Office of the
  383  Governor and a copy served upon the governing body of the
  384  municipality or to the clerk of the circuit court of the county
  385  in which the municipality is located.
  386         (b)The governing body of the municipality has 5 working
  387  days after service of a copy of the petition to file a reply
  388  with the Executive Office of the Governor and shall serve a copy
  389  of such reply to the petitioner.
  390         (5)Upon receipt of the petition, the Executive Office of
  391  the Governor shall provide for a budget hearing at which the
  392  matters presented in the petition and the reply shall be
  393  considered. A report of the findings and recommendations of the
  394  Executive Office of the Governor thereon shall be promptly
  395  submitted to the Administration Commission, which, within 30
  396  days, shall approve the action of the governing body of the
  397  municipality or amend or modify the budget as to each separate
  398  item within the operating budget of the municipal law
  399  enforcement agency. The budget as approved, amended, or modified
  400  by 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.
  485  Providing two-way telecommunications services to the public for
  486  hire by the use of a telecommunications facility, as defined in
  487  s. 364.02(14), and for which a certificate is required under
  488  chapter 364 does not constitute an exempt use for purposes of s.
  489  196.199, unless the telecommunications services are provided by
  490  the operator of a public-use airport, as defined in s. 332.004,
  491  for the operator’s provision of telecommunications services for
  492  the airport or its tenants, concessionaires, or licensees, or
  493  unless the telecommunications services are provided by a public
  494  hospital.
  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-way
  505  telecommunications services to the public for hire by the use of
  506  a telecommunications facility, as defined in s. 364.02(14), and
  507  for which a certificate is required under chapter 364, when the
  508  service is provided by any county, municipality, or other
  509  political subdivision of the state. Any immunity of any
  510  political subdivision of the state or other entity of local
  511  government from taxation of the property used to provide
  512  telecommunication services that is taxed as a result of this
  513  paragraph 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.
  549  The exemption provided in this subsection does not include
  550  sales, rental, use, consumption, or storage for use in any
  551  political subdivision or municipality in this state of machines
  552  and equipment and parts and accessories therefor used in
  553  providing two-way telecommunications services to the public for
  554  hire by the use of a telecommunications facility, as defined in
  555  s. 364.02(14), and for which a certificate is required under
  556  chapter 364, which facility is owned and operated by any county,
  557  municipality, or other political subdivision of the state. Any
  558  immunity of any political subdivision of the state or other
  559  entity of local government from taxation of the property used to
  560  provide telecommunication services that is taxed as a result of
  561  this 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 such
  579  delegation or subdelegation during an emergency may not exceed
  580  60 days; however, a delegation or subdelegation may be renewed
  581  during 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”
  590  means an order or ordinance issued or enacted by a political
  591  subdivision in response to an emergency pursuant to this chapter
  592  or chapter 381 that limits the rights or liberties of
  593  individuals or businesses within the political subdivision. The
  594  term does not apply to orders issued in response to hurricanes
  595  or other weather-related emergencies.
  596         (b)It is the intent of the Legislature to minimize the
  597  negative effects of an emergency order issued by a political
  598  subdivision. Notwithstanding any other law, an emergency order
  599  issued by a political subdivision must be narrowly tailored to
  600  serve a compelling public health or safety purpose. Any such
  601  emergency order must be limited in duration, applicability, and
  602  scope in order to reduce any infringement on individual rights
  603  or liberties to the greatest extent possible.
  604         (c)An emergency order automatically expires 7 days after
  605  issuance but may be extended by a majority vote of the governing
  606  body of the political subdivision, as necessary, in 7-day
  607  increments for a total duration of not more than 42 days.
  608         (d)The Governor may, at any time, invalidate an emergency
  609  order issued by a political subdivision if the Governor
  610  determines that such order unnecessarily restricts individual
  611  rights or liberties.
  612         (e)Upon the expiration of an emergency order, a political
  613  subdivision 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 political
  625  subdivision to file any such order or rule with the office of
  626  the clerk or recorder within 3 days after issuance voids the
  627  order 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 as
  638  provided 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 lines or 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. A
  680  permit application required under this subsection by a county or
  681  municipality having jurisdiction and control of the right-of-way
  682  of any public road must be processed and acted upon in
  683  accordance with the timeframes provided in subparagraphs
  684  (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 the
  701  distinct engineering, construction, operation, maintenance,
  702  public works, and safety requirements of the provider’s
  703  facilities, 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 subsection or 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, a
  715  provider of communications services may be required only to
  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 whether
  721  the registrant is a pass-through provider as defined in
  722  subparagraph (6)(a)1.; the registrant’s federal employer
  723  identification number; and any required proof of insurance or
  724  self-insuring status adequate to defend and cover claims. A
  725  municipality or county may not require a registrant to renew a
  726  registration more frequently than every 5 years but may require
  727  during this period that a registrant update the registration
  728  information provided under this subsection within 90 days after
  729  a change in such information. A municipality or county may not
  730  require the registrant to provide an inventory of communications
  731  facilities, maps, locations of such facilities, or other
  732  information by a registrant as a condition of registration,
  733  renewal, or for any other purpose; provided, however, that a
  734  municipality or county may require as part of a permit
  735  application that the applicant identify at-grade communications
  736  facilities within 50 feet of the proposed installation location
  737  for the placement of at-grade communications facilities. A
  738  municipality or county may not require a provider to pay any
  739  fee, cost, or other charge for registration or renewal thereof.
  740  It is the intent of the Legislature that the placement,
  741  operation, maintenance, upgrading, and extension of
  742  communications facilities not be unreasonably interrupted or
  743  delayed through the permitting or other local regulatory
  744  process. Except as provided in this chapter or otherwise
  745  expressly authorized by chapter 202, chapter 364, or chapter
  746  610, a municipality or county may not adopt or enforce any
  747  ordinance, regulation, or requirement as to the placement or
  748  operation of communications facilities in a right-of-way by a
  749  communications services provider authorized by state or local
  750  law to operate in a right-of-way; regulate any communications
  751  services; or impose or collect any tax, fee, cost, charge, or
  752  exaction for the provision of communications services over the
  753  communications services provider’s communications facilities in
  754  a 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 section
  762  and 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,
  771  elected to require permit fees from any provider of
  772  communications services that uses or occupies municipal or
  773  county roads or rights-of-way pursuant to former paragraph (c)
  774  or former paragraph (j), Florida Statutes 2018, may continue to
  775  require and collect such fees. A municipality or county that
  776  elected as of January 1, 2019, to require permit fees may elect
  777  to forego such fees as provided herein. A municipality or county
  778  that elected as of January 1, 2019, not to require permit fees
  779  may 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,
  803  the performance of service restoration work on existing
  804  facilities, extensions of such facilities for providing
  805  communications services to customers, and the placement of micro
  806  wireless 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 be
  834  suspended until 30 days after the municipality or county
  835  provides 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 exactions
  851  paid by or imposed on providers 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 franchise
  873  fee under federal law. Nothing in this paragraph impairs the
  874  authority of a municipality or county to request public,
  875  educational, or governmental access channels pursuant to s.
  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. A
  889  municipality or county may not require any permit for the
  890  maintenance, repair, replacement, extension, or upgrade of
  891  existing aerial wireline communications facilities on utility
  892  poles or for aerial wireline facilities between existing
  893  wireline communications facility attachments on utility poles by
  894  a communications services provider. However, a municipality or
  895  county may require a right-of-way permit for work that involves
  896  excavation, closure of a sidewalk, or closure of a vehicular
  897  lane or parking lane, unless the provider is performing service
  898  restoration to existing facilities. A permit application
  899  required by an authority under this section for the placement of
  900  communications facilities must be processed and acted upon
  901  consistent with the timeframes provided in subparagraphs
  902  (7)(d)7., 8., and 9. In addition, a municipality or county may
  903  not require any permit or other approval, fee, charge, or cost,
  904  or other exaction for the maintenance, repair, replacement,
  905  extension, or upgrade of existing aerial lines or underground
  906  communications facilities located on private property outside of
  907  the public rights-of-way. As used in this section, the term
  908  “extension of existing facilities” includes those extensions
  909  from the rights-of-way into a customer’s private property for
  910  purposes of placing a service drop or those extensions from the
  911  rights-of-way into a utility easement to provide service to a
  912  discrete 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  municipality or county shall 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 municipality or county to adopt or enforce
  921  reasonable rules or regulations as provided in this section and
  922  consistent with chapters 202, 364, and 610. Any such rules or
  923  regulations must be in writing, and registered providers of
  924  communications services in the municipality or county must be
  925  given at least 60 days’ advance written notice of any changes to
  926  the 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. A
  953  municipality or county may require a pass-through provider to
  954  provide an annual notarized statement identifying the total
  955  number of linear miles of pass-through facilities in the
  956  municipality’s or county’s rights-of-way. Upon request from a
  957  municipality or county, a pass-through provider must provide
  958  reasonable access to maps of pass-through facilities located in
  959  the rights-of-way of the municipality or county making the
  960  request. The scope of the request must be limited to only those
  961  maps of pass-through facilities from which the calculation of
  962  the linear miles of pass-through facilities in the rights-of-way
  963  can be determined. The request must be accompanied by an
  964  affidavit that the person making the request is authorized by
  965  the municipality or county to review tax information related to
  966  the revenue and mileage calculations for pass-through providers.
  967  A request may not be made more than once annually to a pass
  968  through provider.
  969         (7)(a)This subsection may be cited as the “Advanced
  970  Wireless Infrastructure Deployment Act.”
  971         (b)As used in this subsection, the term:
  972         1.“Antenna” means communications equipment that transmits
  973  or receives electromagnetic radio frequency signals used in
  974  providing wireless services.
  975         2.“Applicable codes” means uniform building, fire,
  976  electrical, plumbing, or mechanical codes adopted by a
  977  recognized national code organization or local amendments to
  978  those codes enacted solely to address threats of destruction of
  979  property or injury to persons, and includes the National
  980  Electric Safety Code and the 2017 edition of the Florida
  981  Department of Transportation Utility Accommodation Manual.
  982         3.“Applicant” means a person who submits an application
  983  and is a wireless provider.
  984         4.“Application” means a request submitted by an applicant
  985  to an authority for a permit to collocate small wireless
  986  facilities or to place a new utility pole used to support a
  987  small wireless facility.
  988         5.“Authority” means a county or municipality having
  989  jurisdiction and control of the rights-of-way of any public
  990  road. The term does not include the Department of
  991  Transportation. Rights-of-way under the jurisdiction and control
  992  of the department are excluded from this subsection.
  993         6.“Authority utility pole” means a utility pole owned by
  994  an authority in the right-of-way. The term does not include a
  995  utility pole owned by a municipal electric utility, a utility
  996  pole used to support municipally owned or operated electric
  997  distribution facilities, or a utility pole located in the right
  998  of-way within:
  999         a.A retirement community that:
 1000         (I)Is deed restricted as housing for older persons as
 1001  defined in s. 760.29(4)(b);
 1002         (II)Has more than 5,000 residents; and
 1003         (III)Has underground utilities for electric transmission
 1004  or distribution.
 1005         b.A municipality that:
 1006         (I)Is located on a coastal barrier island as defined in s.
 1007  161.053(1)(b)3.;
 1008         (II)Has a land area of less than 5 square miles;
 1009         (III)Has less than 10,000 residents; and
 1010         (IV)Has, before July 1, 2017, received referendum approval
 1011  to issue debt to finance municipal-wide undergrounding of its
 1012  utilities for electric transmission or distribution.
 1013         7.“Collocate” or “collocation” means to install, mount,
 1014  maintain, modify, operate, or replace one or more wireless
 1015  facilities on, under, within, or adjacent to a wireless support
 1016  structure or utility pole. The term does not include the
 1017  installation of a new utility pole or wireless support structure
 1018  in the public rights-of-way.
 1019         8.“FCC” means the Federal Communications Commission.
 1020         9.“Micro wireless facility” means a small wireless
 1021  facility having dimensions no larger than 24 inches in length,
 1022  15 inches in width, and 12 inches in height and an exterior
 1023  antenna, if any, no longer than 11 inches.
 1024         10.“Small wireless facility” means a wireless facility
 1025  that meets the following qualifications:
 1026         a.Each antenna associated with the facility is located
 1027  inside an enclosure of no more than 6 cubic feet in volume or,
 1028  in the case of antennas that have exposed elements, each antenna
 1029  and all of its exposed elements could fit within an enclosure of
 1030  no more than 6 cubic feet in volume; and
 1031         b.All other wireless equipment associated with the
 1032  facility is cumulatively no more than 28 cubic feet in volume.
 1033  The following types of associated ancillary equipment are not
 1034  included in the calculation of equipment volume: electric
 1035  meters, concealment elements, telecommunications demarcation
 1036  boxes, ground-based enclosures, grounding equipment, power
 1037  transfer switches, cutoff switches, vertical cable runs for the
 1038  connection of power and other services, and utility poles or
 1039  other support structures.
 1040         11.“Utility pole” means a pole or similar structure that
 1041  is used in whole or in part to provide communications services
 1042  or for electric distribution, lighting, traffic control,
 1043  signage, or a similar function. The term includes the vertical
 1044  support structure for traffic lights but does not include a
 1045  horizontal structure to which signal lights or other traffic
 1046  control devices are attached and does not include a pole or
 1047  similar structure 15 feet in height or less unless an authority
 1048  grants a waiver for such pole.
 1049         12.“Wireless facility” means equipment at a fixed location
 1050  which enables wireless communications between user equipment and
 1051  a communications network, including radio transceivers,
 1052  antennas, wires, coaxial or fiber-optic cable or other cables,
 1053  regular and backup power supplies, and comparable equipment,
 1054  regardless of technological configuration, and equipment
 1055  associated with wireless communications. The term includes small
 1056  wireless facilities. The term does not include:
 1057         a.The structure or improvements on, under, within, or
 1058  adjacent to the structure on which the equipment is collocated;
 1059         b.Wireline backhaul facilities; or
 1060         c.Coaxial or fiber-optic cable that is between wireless
 1061  structures or utility poles or that is otherwise not immediately
 1062  adjacent to or directly associated with a particular antenna.
 1063         13.“Wireless infrastructure provider” means a person who
 1064  has been certificated under chapter 364 to provide
 1065  telecommunications service or under chapter 610 to provide cable
 1066  or video services in this state, or that person’s affiliate, and
 1067  who builds or installs wireless communication transmission
 1068  equipment, wireless facilities, or wireless support structures
 1069  but is not a wireless services provider.
 1070         14.“Wireless provider” means a wireless infrastructure
 1071  provider or a wireless services provider.
 1072         15.“Wireless services” means any services provided using
 1073  licensed or unlicensed spectrum, whether at a fixed location or
 1074  mobile, using wireless facilities.
 1075         16.“Wireless services provider” means a person who
 1076  provides wireless services.
 1077         17.“Wireless support structure” means a freestanding
 1078  structure, such as a monopole, a guyed or self-supporting tower,
 1079  or another existing or proposed structure designed to support or
 1080  capable of supporting wireless facilities. The term does not
 1081  include a utility pole, pedestal, or other support structure for
 1082  ground-based equipment not mounted on a utility pole and less
 1083  than 5 feet in height.
 1084         (c)Except as provided in this subsection, an authority may
 1085  not prohibit, regulate, or charge for the collocation of small
 1086  wireless facilities in the public rights-of-way or for the
 1087  installation, maintenance, modification, operation, or
 1088  replacement of utility poles used for the collocation of small
 1089  wireless facilities in the public rights-of-way.
 1090         (d)An authority may require a registration process and
 1091  permit fees in accordance with subsection (3). An authority
 1092  shall accept applications for permits and shall process and
 1093  issue permits subject to the following requirements:
 1094         1.An authority may not directly or indirectly require an
 1095  applicant to perform services unrelated to the collocation for
 1096  which approval is sought, such as in-kind contributions to the
 1097  authority, including reserving fiber, conduit, or pole space for
 1098  the authority.
 1099         2.An applicant may not be required to provide more
 1100  information to obtain a permit than is necessary to demonstrate
 1101  the applicant’s compliance with applicable codes for the
 1102  placement of small wireless facilities in the locations
 1103  identified in the application. An applicant may not be required
 1104  to provide inventories, maps, or locations of communications
 1105  facilities in the right-of-way other than as necessary to avoid
 1106  interference with other at-grade or aerial facilities located at
 1107  the specific location proposed for a small wireless facility or
 1108  within 50 feet of such location.
 1109         3.An authority may not:
 1110         a.Require the placement of small wireless facilities on
 1111  any specific utility pole or category of poles;
 1112         b.Require the placement of multiple antenna systems on a
 1113  single utility pole;
 1114         c.Require a demonstration that collocation of a small
 1115  wireless facility on an existing structure is not legally or
 1116  technically possible as a condition for granting a permit for
 1117  the collocation of a small wireless facility on a new utility
 1118  pole except as provided in paragraph (i);
 1119         d.Require compliance with an authority’s provisions
 1120  regarding placement of small wireless facilities or a new
 1121  utility pole used to support a small wireless facility in
 1122  rights-of-way under the control of the department unless the
 1123  authority has received a delegation from the department for the
 1124  location of the small wireless facility or utility pole, or
 1125  require such compliance as a condition to receive a permit that
 1126  is ancillary to the permit for collocation of a small wireless
 1127  facility, including an electrical permit;
 1128         e.Require a meeting before filing an application;
 1129         f.Require direct or indirect public notification or a
 1130  public meeting for the placement of communication facilities in
 1131  the right-of-way;
 1132         g.Limit the size or configuration of a small wireless
 1133  facility or any of its components, if the small wireless
 1134  facility complies with the size limits in this subsection;
 1135         h.Prohibit the installation of a new utility pole used to
 1136  support the collocation of a small wireless facility if the
 1137  installation otherwise meets the requirements of this
 1138  subsection; or
 1139         i.Require that any component of a small wireless facility
 1140  be placed underground except as provided in paragraph (i).
 1141         4.Subject to paragraph (r), an authority may not limit the
 1142  placement, by minimum separation distances, of small wireless
 1143  facilities, utility poles on which small wireless facilities are
 1144  or will be collocated, or other at-grade communications
 1145  facilities. However, within 14 days after the date of filing the
 1146  application, an authority may request that the proposed location
 1147  of a small wireless facility be moved to another location in the
 1148  right-of-way and placed on an alternative authority utility pole
 1149  or support structure or placed on a new utility pole. The
 1150  authority and the applicant may negotiate the alternative
 1151  location, including any objective design standards and
 1152  reasonable spacing requirements for ground-based equipment, for
 1153  30 days after the date of the request. At the conclusion of the
 1154  negotiation period, if the alternative location is accepted by
 1155  the applicant, the applicant must notify the authority of such
 1156  acceptance and the application shall be deemed granted for any
 1157  new location for which there is agreement and all other
 1158  locations in the application. If an agreement is not reached,
 1159  the applicant must notify the authority of such nonagreement and
 1160  the authority must grant or deny the original application within
 1161  90 days after the date the application was filed. A request for
 1162  an alternative location, an acceptance of an alternative
 1163  location, or a rejection of an alternative location must be in
 1164  writing and provided by electronic mail.
 1165         5.An authority shall limit the height of a small wireless
 1166  facility to 10 feet above the utility pole or structure upon
 1167  which the small wireless facility is to be collocated. Unless
 1168  waived by an authority, the height for a new utility pole is
 1169  limited to the tallest existing utility pole as of July 1, 2017,
 1170  located in the same right-of-way, other than a utility pole for
 1171  which a waiver has previously been granted, measured from grade
 1172  in place within 500 feet of the proposed location of the small
 1173  wireless facility. If there is no utility pole within 500 feet,
 1174  the authority shall limit the height of the utility pole to 50
 1175  feet.
 1176         6.The installation by a communications services provider
 1177  of a utility pole in the public rights-of-way, other than a
 1178  utility pole used to support a small wireless facility, is
 1179  subject to authority rules or regulations governing the
 1180  placement of utility poles in the public rights-of-way.
 1181         7.Within 14 days after receiving an application, an
 1182  authority must determine and notify the applicant by electronic
 1183  mail as to whether the application is complete. If an
 1184  application is deemed incomplete, the authority must
 1185  specifically identify the missing information. An application is
 1186  deemed complete if the authority fails to provide notification
 1187  to the applicant within 14 days.
 1188         8.An application must be processed on a nondiscriminatory
 1189  basis. A complete application is deemed approved if an authority
 1190  fails to approve or deny the application within 60 days after
 1191  receipt of the application. If an authority does not use the 30
 1192  day negotiation period provided in subparagraph 4., the parties
 1193  may mutually agree to extend the 60-day application review
 1194  period. The authority shall grant or deny the application at the
 1195  end of the extended period. A permit issued pursuant to an
 1196  approved application shall remain effective for 1 year unless
 1197  extended by the authority.
 1198         9.An authority must notify the applicant of approval or
 1199  denial by electronic mail. An authority shall approve a complete
 1200  application unless it does not meet the authority’s applicable
 1201  codes. If the application is denied, the authority must specify
 1202  in writing the basis for denial, including the specific code
 1203  provisions on which the denial was based, and send the
 1204  documentation to the applicant by electronic mail on the day the
 1205  authority denies the application. The applicant may cure the
 1206  deficiencies identified by the authority and resubmit the
 1207  application within 30 days after notice of the denial is sent to
 1208  the applicant. The authority shall approve or deny the revised
 1209  application within 30 days after receipt or the application is
 1210  deemed approved. The review of a revised application is limited
 1211  to the deficiencies cited in the denial. If an authority
 1212  provides for administrative review of the denial of an
 1213  application, the review must be complete and a written decision
 1214  issued within 45 days after a written request for review is
 1215  made. A denial must identify the specific code provisions on
 1216  which the denial is based. If the administrative review is not
 1217  complete within 45 days, the authority waives any claim
 1218  regarding failure to exhaust administrative remedies in any
 1219  judicial review of the denial of an application.
 1220         10.An applicant seeking to collocate small wireless
 1221  facilities within the jurisdiction of a single authority may, at
 1222  the applicant’s discretion, file a consolidated application and
 1223  receive a single permit for the collocation of up to 30 small
 1224  wireless facilities. If the application includes multiple small
 1225  wireless facilities, an authority may separately address small
 1226  wireless facility collocations for which incomplete information
 1227  has been received or which are denied.
 1228         11.An authority may deny an application to collocate a
 1229  small wireless facility or place a utility pole used to support
 1230  a small wireless facility in the public rights-of-way if the
 1231  proposed small wireless facility or utility pole used to support
 1232  a small wireless facility:
 1233         a.Materially interferes with the safe operation of traffic
 1234  control equipment.
 1235         b.Materially interferes with sight lines or clear zones
 1236  for transportation, pedestrians, or public safety purposes.
 1237         c.Materially interferes with compliance with the Americans
 1238  with Disabilities Act or similar federal or state standards
 1239  regarding pedestrian access or movement.
 1240         d.Materially fails to comply with the 2017 edition of the
 1241  Florida Department of Transportation Utility Accommodation
 1242  Manual.
 1243         e.Fails to comply with applicable codes.
 1244         f.Fails to comply with objective design standards
 1245  authorized under paragraph (r).
 1246         12.An authority may adopt by ordinance provisions for
 1247  insurance coverage, indemnification, force majeure, abandonment,
 1248  authority liability, or authority warranties. Such provisions
 1249  must be reasonable and nondiscriminatory. An authority may
 1250  require a construction bond to secure restoration of the
 1251  postconstruction rights-of-way to the preconstruction condition.
 1252  However, such bond must be time-limited to not more than 18
 1253  months after the construction to which the bond applies is
 1254  completed. For any financial obligation required by an authority
 1255  allowed under this section, the authority shall accept a letter
 1256  of credit or similar financial instrument issued by any
 1257  financial institution that is authorized to do business within
 1258  the United States, provided that a claim against the financial
 1259  instrument may be made by electronic means, including by
 1260  facsimile. A provider of communications services may add an
 1261  authority to any existing bond, insurance policy, or other
 1262  relevant financial instrument, and the authority must accept
 1263  such proof of coverage without any conditions other than consent
 1264  to venue for purposes of any litigation to which the authority
 1265  is a party. An authority may not require a communications
 1266  services provider to indemnify it for liabilities not caused by
 1267  the provider, including liabilities arising from the authority’s
 1268  negligence, gross negligence, or willful conduct.
 1269         13.Collocation of a small wireless facility on an
 1270  authority utility pole does not provide the basis for the
 1271  imposition of an ad valorem tax on the authority utility pole.
 1272         14.An authority may reserve space on authority utility
 1273  poles for future public safety uses. However, a reservation of
 1274  space may not preclude collocation of a small wireless facility.
 1275  If replacement of the authority utility pole is necessary to
 1276  accommodate the collocation of the small wireless facility and
 1277  the future public safety use, the pole replacement is subject to
 1278  make-ready provisions and the replaced pole shall accommodate
 1279  the future public safety use.
 1280         15.A structure granted a permit and installed pursuant to
 1281  this subsection shall comply with chapter 333 and federal
 1282  regulations pertaining to airport airspace protections.
 1283         (e)An authority may not require any permit or other
 1284  approval or require fees or other charges, costs, or other
 1285  exactions for:
 1286         1.Routine maintenance, the performance of service
 1287  restoration work on existing facilities, or repair work,
 1288  including, but not limited to, emergency repairs of existing
 1289  facilities or extensions of such facilities for providing
 1290  communications services to customers;
 1291         2.Replacement of existing wireless facilities with
 1292  wireless facilities that are substantially similar or of the
 1293  same or smaller size; or
 1294         3.Installation, placement, maintenance, or replacement of
 1295  micro wireless facilities that are suspended on cables strung
 1296  between existing utility poles in compliance with applicable
 1297  codes by or for a communications services provider authorized to
 1298  occupy the rights-of-way and who is remitting taxes under
 1299  chapter 202. An authority may require an initial letter from or
 1300  on behalf of such provider, which is effective upon filing,
 1301  attesting that the micro wireless facility dimensions comply
 1302  with the limits of this subsection. The authority may not
 1303  require any additional filing or other information as long as
 1304  the provider is deploying the same, a substantially similar, or
 1305  a smaller size micro wireless facility equipment.
 1306  
 1307  Notwithstanding this paragraph, an authority may require a
 1308  right-of-way permit for work that involves excavation, closure
 1309  of a sidewalk, or closure of a vehicular lane or parking lane,
 1310  unless the provider is performing service restoration on an
 1311  existing facility and the work is done in compliance with the
 1312  2017 edition of the Florida Department of Transportation Utility
 1313  Accommodation Manual. An authority may require notice of such
 1314  work within 30 days after restoration and may require an after
 1315  the-fact permit for work which would otherwise have required a
 1316  permit.
 1317         (f)Collocation of small wireless facilities on authority
 1318  utility poles is subject to the following requirements:
 1319         1.An authority may not enter into an exclusive arrangement
 1320  with any person for the right to attach equipment to authority
 1321  utility poles.
 1322         2.The rates and fees for collocations on authority utility
 1323  poles must be nondiscriminatory, regardless of the services
 1324  provided by the collocating person.
 1325         3.The rate to collocate small wireless facilities on an
 1326  authority utility pole may not exceed $150 per pole annually.
 1327         4.Agreements between authorities and wireless providers
 1328  that are in effect on July 1, 2017, and that relate to the
 1329  collocation of small wireless facilities in the right-of-way,
 1330  including the collocation of small wireless facilities on
 1331  authority utility poles, remain in effect, subject to applicable
 1332  termination provisions. The wireless provider may accept the
 1333  rates, fees, and terms established under this subsection for
 1334  small wireless facilities and utility poles that are the subject
 1335  of an application submitted after the rates, fees, and terms
 1336  become effective.
 1337         5.A person owning or controlling an authority utility pole
 1338  shall offer rates, fees, and other terms that comply with this
 1339  subsection. By the later of January 1, 2018, or 3 months after
 1340  receiving a request to collocate its first small wireless
 1341  facility on a utility pole owned or controlled by an authority,
 1342  the person owning or controlling the authority utility pole
 1343  shall make available, through ordinance or otherwise, rates,
 1344  fees, and terms for the collocation of small wireless facilities
 1345  on the authority utility pole which comply with this subsection.
 1346         a.The rates, fees, and terms must be nondiscriminatory and
 1347  competitively neutral and must comply with this subsection.
 1348         b.For an authority utility pole that supports an aerial
 1349  facility used to provide communications services or electric
 1350  service, the parties shall comply with the process for make
 1351  ready work under 47 U.S.C. s. 224 and implementing regulations.
 1352  The good faith estimate of the person owning or controlling the
 1353  pole for any make-ready work necessary to enable the pole to
 1354  support the requested collocation must include pole replacement
 1355  if necessary.
 1356         c.For an authority utility pole that does not support an
 1357  aerial facility used to provide communications services or
 1358  electric service, the authority shall provide a good faith
 1359  estimate for any make-ready work necessary to enable the pole to
 1360  support the requested collocation, including necessary pole
 1361  replacement, within 60 days after receipt of a complete
 1362  application. Make-ready work, including any pole replacement,
 1363  must be completed within 60 days after written acceptance of the
 1364  good faith estimate by the applicant. Alternatively, an
 1365  authority may require the applicant seeking to collocate a small
 1366  wireless facility to provide a make-ready estimate at the
 1367  applicant’s expense for the work necessary to support the small
 1368  wireless facility, including pole replacement, and perform the
 1369  make-ready work. If pole replacement is required, the scope of
 1370  the make-ready estimate is limited to the design, fabrication,
 1371  and installation of a utility pole that is substantially similar
 1372  in color and composition. The authority may not condition or
 1373  restrict the manner in which the applicant obtains, develops, or
 1374  provides the estimate or conducts the make-ready work subject to
 1375  usual construction restoration standards for work in the right
 1376  of-way. The replaced or altered utility pole shall remain the
 1377  property of the authority.
 1378         d.An authority may not require more make-ready work than
 1379  is required to meet applicable codes or industry standards. Fees
 1380  for make-ready work may not include costs related to preexisting
 1381  damage or prior noncompliance. Fees for make-ready work,
 1382  including any pole replacement, may not exceed actual costs or
 1383  the amount charged to communications services providers other
 1384  than wireless services providers for similar work and may not
 1385  include any consultant fee or expense.
 1386         (g)For any applications filed before the effective date of
 1387  ordinances implementing this subsection, an authority may apply
 1388  current ordinances relating to placement of communications
 1389  facilities in the right-of-way related to registration,
 1390  permitting, insurance coverage, indemnification, force majeure,
 1391  abandonment, authority liability, or authority warranties.
 1392  Permit application requirements and small wireless facility
 1393  placement requirements, including utility pole height limits,
 1394  that conflict with this subsection must be waived by the
 1395  authority. An authority may not institute, either expressly or
 1396  de facto, a moratorium, zoning-in-progress, or other mechanism
 1397  that would prohibit or delay the filing, receiving, or
 1398  processing of registrations, applications, or issuing of permits
 1399  or other approvals for the collocation of small wireless
 1400  facilities or the installation, modification, or replacement of
 1401  utility poles used to support the collocation of small wireless
 1402  facilities.
 1403         (h)Except as provided in this section or specifically
 1404  required by state law, an authority may not adopt or enforce any
 1405  regulation on the placement or operation of communications
 1406  facilities in the rights-of-way by a provider authorized by
 1407  state law to operate in the rights-of-way and may not regulate
 1408  any communications services or impose or collect any tax, fee,
 1409  or charge not specifically authorized under state law. This
 1410  paragraph does not alter any law regarding an authority’s
 1411  ability to regulate the relocation of facilities.
 1412         (i)1.In an area where an authority has required all public
 1413  utility lines in the rights-of-way to be placed underground, a
 1414  wireless provider must comply with written, objective,
 1415  reasonable, and nondiscriminatory requirements that prohibit new
 1416  utility poles used to support small wireless facilities if:
 1417         a.The authority, at least 90 days prior to the submission
 1418  of an application, has required all public utility lines to be
 1419  placed underground;
 1420         b.Structures that the authority allows to remain above
 1421  ground are reasonably available to wireless providers for the
 1422  collocation of small wireless facilities and may be replaced by
 1423  a wireless provider to accommodate the collocation of small
 1424  wireless facilities; and
 1425         c.A wireless provider may install a new utility pole in
 1426  the designated area in the right-of-way that otherwise complies
 1427  with this subsection and it is not reasonably able to provide
 1428  wireless service by collocating on a remaining utility pole or
 1429  other structure in the right-of-way.
 1430         2.For small wireless facilities installed before an
 1431  authority adopts requirements that public utility lines be
 1432  placed underground, an authority adopting such requirements
 1433  must:
 1434         a.Allow a wireless provider to maintain the small wireless
 1435  facilities in place subject to any applicable pole attachment
 1436  agreement with the pole owner; or
 1437         b.Allow the wireless provider to replace the associated
 1438  pole within 50 feet of the prior location in accordance with
 1439  paragraph (r).
 1440         (j)A wireless infrastructure provider may apply to an
 1441  authority to place utility poles in the public rights-of-way to
 1442  support the collocation of small wireless facilities. The
 1443  application must include an attestation that small wireless
 1444  facilities will be collocated on the utility pole or structure
 1445  and will be used by a wireless services provider to provide
 1446  service within 9 months after the date the application is
 1447  approved. The authority shall accept and process the application
 1448  in accordance with subparagraph (d)6. and any applicable codes
 1449  and other local codes governing the placement of utility poles
 1450  in the public rights-of-way.
 1451         (k)This subsection does not limit a local government’s
 1452  authority to enforce historic preservation zoning regulations
 1453  consistent with the preservation of local zoning authority under
 1454  47 U.S.C. s. 332(c)(7), the requirements for facility
 1455  modifications under 47 U.S.C. s. 1455(a), or the National
 1456  Historic Preservation Act of 1966, as amended, and the
 1457  regulations adopted to implement such laws. An authority may
 1458  enforce local codes, administrative rules, or regulations
 1459  adopted by ordinance in effect on April 1, 2017, which are
 1460  applicable to a historic area designated by the state or
 1461  authority. An authority may enforce pending local ordinances,
 1462  administrative rules, or regulations applicable to a historic
 1463  area designated by the state if the intent to adopt such changes
 1464  has been publicly declared on or before April 1, 2017. An
 1465  authority may waive any ordinances or other requirements that
 1466  are subject to this paragraph.
 1467         (l)This subsection does not authorize a person to
 1468  collocate or attach wireless facilities, including any antenna,
 1469  micro wireless facility, or small wireless facility, on a
 1470  privately owned utility pole, a utility pole owned by an
 1471  electric cooperative or a municipal electric utility, a
 1472  privately owned wireless support structure, or other private
 1473  property without the consent of the property owner.
 1474         (m)The approval of the installation, placement,
 1475  maintenance, or operation of a small wireless facility pursuant
 1476  to this subsection does not authorize the provision of any
 1477  voice, data, or video communications services or the
 1478  installation, placement, maintenance, or operation of any
 1479  communications facilities other than small wireless facilities
 1480  in the right-of-way.
 1481         (n)This subsection does not affect provisions relating to
 1482  pass-through providers in subsection (6).
 1483         (o)This subsection does not authorize a person to
 1484  collocate or attach small wireless facilities or micro wireless
 1485  facilities on a utility pole, unless otherwise permitted by
 1486  federal law, or erect a wireless support structure in the right
 1487  of-way located within a retirement community that:
 1488         1.Is deed restricted as housing for older persons as
 1489  defined in s. 760.29(4)(b);
 1490         2.Has more than 5,000 residents; and
 1491         3.Has underground utilities for electric transmission or
 1492  distribution.
 1493  
 1494  This paragraph does not apply to the installation, placement,
 1495  maintenance, or replacement of micro wireless facilities on any
 1496  existing and duly authorized aerial communications facilities,
 1497  provided that once aerial facilities are converted to
 1498  underground facilities, any such collocation or construction
 1499  shall be only as provided by the municipality’s underground
 1500  utilities ordinance.
 1501         (p)This subsection does not authorize a person to
 1502  collocate or attach small wireless facilities or micro wireless
 1503  facilities on a utility pole, unless otherwise permitted by
 1504  federal law, or erect a wireless support structure in the right
 1505  of-way located within a municipality that:
 1506         1.Is located on a coastal barrier island as defined in s.
 1507  161.053(1)(b)3.;
 1508         2.Has a land area of less than 5 square miles;
 1509         3.Has fewer than 10,000 residents; and
 1510         4.Has, before July 1, 2017, received referendum approval
 1511  to issue debt to finance municipal-wide undergrounding of its
 1512  utilities for electric transmission or distribution.
 1513  
 1514  This paragraph does not apply to the installation, placement,
 1515  maintenance, or replacement of micro wireless facilities on any
 1516  existing and duly authorized aerial communications facilities,
 1517  provided that once aerial facilities are converted to
 1518  underground facilities, any such collocation or construction
 1519  shall be only as provided by the municipality’s underground
 1520  utilities ordinance.
 1521         (q)This subsection does not authorize a person to
 1522  collocate small wireless facilities or micro wireless facilities
 1523  on an authority utility pole or erect a wireless support
 1524  structure in a location subject to covenants, conditions,
 1525  restrictions, articles of incorporation, and bylaws of a
 1526  homeowners’ association. This paragraph does not apply to the
 1527  installation, placement, maintenance, or replacement of micro
 1528  wireless facilities on any existing and duly authorized aerial
 1529  communications facilities.
 1530         (r)An authority may require wireless providers to comply
 1531  with objective design standards adopted by ordinance. The
 1532  ordinance may only require:
 1533         1.A new utility pole that replaces an existing utility
 1534  pole to be of substantially similar design, material, and color;
 1535         2.Reasonable spacing requirements concerning the location
 1536  of a ground-mounted component of a small wireless facility which
 1537  does not exceed 15 feet from the associated support structure;
 1538  or
 1539         3.A small wireless facility to meet reasonable location
 1540  context, color, camouflage, and concealment requirements,
 1541  subject to the limitations in this subsection; and
 1542         4.A new utility pole used to support a small wireless
 1543  facility to meet reasonable location context, color, and
 1544  material of the predominant utility pole type at the proposed
 1545  location of the new utility pole.
 1546  
 1547  Such design standards under this paragraph may be waived by the
 1548  authority upon a showing that the design standards are not
 1549  reasonably compatible for the particular location of a small
 1550  wireless facility or utility pole or are technically infeasible
 1551  or that the design standards impose an excessive expense. The
 1552  waiver must be granted or denied within 45 days after the date
 1553  of the request.
 1554         (8)(a)Any person aggrieved by a violation of this section
 1555  may bring a civil action in a United States District Court or in
 1556  any other court of competent jurisdiction.
 1557         (b)The court may:
 1558         1.Grant temporary or permanent injunctions on terms as it
 1559  may deem reasonable to prevent or restrain violations of this
 1560  section; and
 1561         2.Direct the recovery of full costs, including awarding
 1562  reasonable attorney fees, to the party who prevails.
 1563         (9)All work in the authority’s rights-of-way under this
 1564  section must comply with the 2017 edition of the Florida
 1565  Department 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. At
 1574  least 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. The
 1582  Department of Revenue shall also send the notice by United
 1583  States Postal Service to the known addresses for all dealers of
 1584  communications services registered with the department under
 1585  chapter 202 or provide an electronic notification, if the means
 1586  are 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 entity and the
 1592  services, if any, which the governmental entity believes are not
 1593  currently being adequately provided. The notice must also state
 1594  that any dealer who wishes to do so may appear and be heard at
 1595  the 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 in
 1602  the community and, if so, whether the service is generally
 1603  available throughout the community.
 1604         3. If the same or similar service is not currently offered,
 1605  whether any other service provider proposes to offer the same or
 1606  a similar service and, if so, what assurances that service
 1607  provider is willing or able to offer regarding the same or
 1608  similar 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 service by a private entity or a governmental entity,
 1617  including the affect on existing and future jobs, actual
 1618  economic development prospects, tax-base growth, education, and
 1619  public 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 a written business plan for the proposed communications
 1623  service venture containing, at a minimum:
 1624         1.The projected number of subscribers to be served by the
 1625  venture.
 1626         2.The geographic area to be served by the venture.
 1627         3.The types of communications services to be provided.
 1628         4.A plan to ensure that revenues exceed operating expenses
 1629  and payment of principal and interest on debt within 4 years.
 1630         5.Estimated capital and operational costs and revenues for
 1631  the first 4 years.
 1632         6.Projected network modernization and technological
 1633  upgrade plans, including estimated costs.
 1634         (d) After making specific findings regarding the factors in
 1635  paragraphs (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:
 1641         1.A governmental entity may only pledge revenues in
 1642  support of the issuance of any bond to finance providing a
 1643  communications service:
 1644         a.Within the county in which the governmental entity is
 1645  located;
 1646         b.Within an area in which the governmental entity provides
 1647  electric service outside its home county under an electric
 1648  service territorial agreement approved by the Public Service
 1649  Commission before the effective date of this act; or
 1650         c.If the governmental entity is a municipality or special
 1651  district, within its corporate limits or in an area in which the
 1652  municipality or special district provides water, wastewater,
 1653  electric, or natural gas service, or within an urban service
 1654  area designated in a comprehensive plan, whichever is larger,
 1655  unless the municipality or special district obtains the consent
 1656  by formal action of the governmental entity within the
 1657  boundaries of which the municipality or special district
 1658  proposes to provide service. For consent to be effective, any
 1659  governmental entity from which consent is sought shall be
 1660  located within the county in which the governmental entity is
 1661  located 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 its business plan
 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 the
 1677  provision of communications services by a governmental entity or
 1678  4 years after the effective date of this act, whichever is
 1679  later, revenues do not exceed operating expenses and payment of
 1680  principal and interest on the debt for a governmental entity’s
 1681  provision of communications services, no later than 60 days
 1682  following the end of the 4-year period a governmental entity
 1683  shall hold a public hearing at which the governmental entity
 1684  shall do at least one of the following:
 1685         1.Approve a plan to cease providing communications
 1686  services;
 1687         2.Approve a plan to dispose of the system the governmental
 1688  entity is using to provide communications services and,
 1689  accordingly, to cease providing communications services;
 1690         3.Approve a plan to create a partnership with a private
 1691  entity in order to achieve operations in which revenues exceed
 1692  operating expenses and payment of principal and interest on
 1693  debt; or
 1694         4.Approve the continuing provision of communications
 1695  services by a majority vote of the governing body of the
 1696  governing authority.
 1697         (4)(a) If a governmental entity was providing, as of April
 1698  1, 2005, advanced services, cable services, or
 1699  telecommunications services, then it is not required to comply
 1700  with paragraph (2)(a), paragraph (2)(b), paragraph (2)(c),
 1701  paragraph (2)(d), sub-subparagraph (2)(e)1.c., paragraph (2)(f),
 1702  or paragraph (2)(k) in order to continue to provide advanced
 1703  services, cable services, or telecommunications services,
 1704  respectively, but it must comply with and be subject to all
 1705  other provisions 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, then it is not required
 1709  to comply with paragraph (2)(a), paragraph (2)(b), paragraph
 1710  (2)(c), paragraph (2)(d), sub-subparagraph (2)(e)1.c., paragraph
 1711  (2)(f), or paragraph (2)(k) in order to provide advanced
 1712  services, cable services, or telecommunications services,
 1713  respectively, but it 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, then it is
 1721  not required to comply with paragraph (2)(a), paragraph (2)(b),
 1722  paragraph (2)(c), paragraph (2)(d), sub-subparagraph (2)(e)1.c.,
 1723  paragraph (2)(f), or paragraph (2)(k) in order to provide
 1724  advanced service, cable service, or telecommunication service,
 1725  respectively, but it 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 subscribers which are integral
 1736  and essential to the safe and secure 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 governmental
 1746  entity that provides or is proposing to provide communications
 1747  services to one or more subscribers within its airport layout
 1748  plan which are not integral and essential to the safe and secure
 1749  transportation of passengers and freight through the airport
 1750  facility, or to one or more subscribers outside its airport
 1751  layout plan, is not exempt from this section. By way of example
 1752  and not limitation, the integral, essential subscribers may
 1753  include airlines and emergency service entities, and the
 1754  nonintegral, nonessential subscribers may include retail shops,
 1755  restaurants, 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,
 1762  rule, comprehensive plan, charter, or any other provision of law
 1763  may not recognize or grant any legal rights to a plant, an
 1764  animal, a body of water, or any other part of the natural
 1765  environment that is not a person or political subdivision as
 1766  defined in s. 1.01(8) or grant such person or political
 1767  subdivision any specific rights relating to the natural
 1768  environment not otherwise authorized in general law or
 1769  specifically granted in the State Constitution.
 1770         (b)This subsection does not limit the power of an
 1771  adversely affected party to challenge the consistency of a
 1772  development order with a comprehensive plan as provided in s.
 1773  163.3215 or to file an action for injunctive relief to enforce
 1774  the terms of a development agreement or challenge compliance of
 1775  the agreement as provided in s. 163.3243.
 1776         (c)This subsection does not limit the standing of the
 1777  Department of Legal Affairs, a political subdivision or
 1778  municipality of the state, or a citizen of the state to maintain
 1779  an 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 the
 1798  recommendations of the department, a local government, local
 1799  governmental agency, or state governmental agency may not enact
 1800  any rule, regulation, or ordinance regarding use, disposition,
 1801  sale, prohibition, restriction, or tax of such auxiliary
 1802  containers, 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. A
 1811  local government, as defined in s. 163.211, may not require a
 1812  person to obtain a license for a job scope which does not
 1813  substantially correspond to the job scope of one of the
 1814  contractor categories defined in s. 489.105(3)(a)-(o) and (q) or
 1815  authorized in s. 489.1455(1). For purposes of this section, job
 1816  scopes for which a local government may not require a license
 1817  include, but are not limited to, painting; flooring; cabinetry;
 1818  interior remodeling; driveway or tennis court installation;
 1819  handyman services; decorative stone, tile, marble, granite, or
 1820  terrazzo installation; plastering; stuccoing; caulking; and
 1821  canvas 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 issue
 1826  journeyman licenses in the plumbing, pipe fitting, mechanical,
 1827  or 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 issue
 1832  journeyman 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 or
 1838  regulation to the contrary, the regulation of over-the-counter
 1839  proprietary drugs and cosmetics is expressly preempted to the
 1840  state.
 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,
 1896  including those already prohibited from regulating firearms
 1897  under 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), to
 1908  exercise the exclusive authority to regulate the sale,
 1909  composition, packaging, labeling, wholesale and retail
 1910  distribution, and formulation, including nutrient content level
 1911  and release rates, of fertilizer under chapter 576. This
 1912  subsection expressly preempts such regulation of fertilizer to
 1913  the state.
 1914         (b)An ordinance regulating the sale of fertilizer adopted
 1915  by a county or municipal government before July 1, 2011, is
 1916  exempt from this subsection, and the county or municipal
 1917  government may enforce such ordinance within its respective
 1918  jurisdiction.
 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.