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.