Florida Senate - 2019                             CS for SB 1000
       
       
        
       By the Committee on Innovation, Industry, and Technology; and
       Senator Hutson
       
       
       
       
       580-02954-19                                          20191000c1
    1                        A bill to be entitled                      
    2         An act relating to communications services; amending
    3         s. 202.12, F.S.; reducing the rates of certain
    4         communications services taxes; amending s. 202.20,
    5         F.S.; conforming a cross-reference; amending s.
    6         337.401, F.S.; revising legislative intent; specifying
    7         limitations and prohibitions on municipalities and
    8         counties relating to registrations and renewals of
    9         communications services providers; authorizing
   10         municipalities and counties to require certain
   11         information as part of a permit application;
   12         prohibiting municipalities and counties from requiring
   13         a payment of fees, costs, or charges for provider
   14         registration or renewal; prohibiting municipalities
   15         and counties from adopting or enforcing certain
   16         ordinances, regulations, or requirements; specifying
   17         limitations on municipal and county authority to
   18         regulate and manage municipal and county roads or
   19         rights-of-way; prohibiting certain municipalities and
   20         counties from electing to impose permit fees;
   21         providing retroactive applicability; authorizing
   22         certain municipalities and counties to continue to
   23         require and collect such fees; deleting obsolete
   24         provisions; specifying activities for which permit
   25         fees may not be imposed; deleting certain provisions
   26         relating to municipality, charter county, and
   27         noncharter county elections to impose, or not to
   28         impose, permit fees; requiring that enforcement of
   29         certain ordinances must be suspended until certain
   30         conditions are met; revising legislative intent
   31         relating to the imposition of certain fees, costs, and
   32         exactions on providers; specifying a condition for
   33         certain in-kind compensation; specifying prohibited
   34         acts by municipalities and countries in the use of
   35         their authority over the placement of facilities for
   36         certain purposes; authorizing municipalities and
   37         counties to require a right-of-way permit for certain
   38         purposes; providing requirements for processing
   39         certain permit applications; prohibiting
   40         municipalities and counties from certain actions
   41         relating to certain aerial or underground
   42         communications facilities; specifying limitations and
   43         requirements for certain municipal and county rules
   44         and regulations; revising definitions under the
   45         Advanced Wireless Infrastructure Deployment Act;
   46         prohibiting certain actions by an authority relating
   47         to certain utility poles; prohibiting authorities from
   48         requiring permit applicants to provide certain
   49         information, except under certain circumstances;
   50         adding prohibited acts by authorities relating to
   51         small wireless facilities, application requirements,
   52         public notification and public meetings, and the
   53         placement of certain facilities; revising
   54         applicability of authority rules and regulations
   55         governing the placement of utility poles in the public
   56         rights-of-way; providing construction relating to
   57         judicial review of certain application denials; adding
   58         grounds for an authority’s denial of a proposed
   59         collocation of a small wireless facility in the public
   60         rights-of-way; deleting an authority’s authorization
   61         to adopt ordinances for performance bonds and security
   62         funds; authorizing an authority to require a
   63         construction bond, subject to certain conditions;
   64         requiring authorities to accept certain financial
   65         instruments for certain financial obligations;
   66         authorizing providers to add authorities to certain
   67         financial instruments; prohibiting an authority from
   68         requiring a provider to indemnify the authority for
   69         certain liabilities; prohibiting an authority from
   70         requiring a permit, approval, fees, charges, costs, or
   71         exactions for certain activities; authorizing and
   72         limiting filings the authority may require relating to
   73         micro wireless facility equipment; providing an
   74         exception to a provision authorizing an authority to
   75         require a certain right-of-way permit; authorizing
   76         authorities to require wireless providers to comply
   77         with certain objective design standards adopted by
   78         ordinance; authorizing the authority to waive such
   79         design standards under certain circumstances;
   80         providing a requirement for the waiver; revising an
   81         authority’s authorization to apply certain ordinances
   82         to applications filed before a certain timeframe;
   83         prohibiting authorities from certain actions relating
   84         to registrations, applications, permits, and approvals
   85         in relation to small wireless facilities; deleting a
   86         requirement for wireless providers to comply with
   87         certain undergrounding requirements; authorizing a
   88         civil action for violations; authorizing actions a
   89         court may take; providing applicability; providing an
   90         effective date.
   91          
   92  Be It Enacted by the Legislature of the State of Florida:
   93  
   94         Section 1. Paragraphs (a) and (b) of subsection (1) of
   95  section 202.12, Florida Statutes, are amended to read:
   96         202.12 Sales of communications services.—The Legislature
   97  finds that every person who engages in the business of selling
   98  communications services at retail in this state is exercising a
   99  taxable privilege. It is the intent of the Legislature that the
  100  tax imposed by chapter 203 be administered as provided in this
  101  chapter.
  102         (1) For the exercise of such privilege, a tax is levied on
  103  each taxable transaction and is due and payable as follows:
  104         (a) Except as otherwise provided in this subsection, at the
  105  rate of 3.92 4.92 percent applied to the sales price of the
  106  communications service that:
  107         1. Originates and terminates in this state, or
  108         2. Originates or terminates in this state and is charged to
  109  a service address in this state,
  110  
  111  when sold at retail, computed on each taxable sale for the
  112  purpose of remitting the tax due. The gross receipts tax imposed
  113  by chapter 203 shall be collected on the same taxable
  114  transactions and remitted with the tax imposed by this
  115  paragraph. If no tax is imposed by this paragraph due to the
  116  exemption provided under s. 202.125(1), the tax imposed by
  117  chapter 203 shall nevertheless be collected and remitted in the
  118  manner and at the time prescribed for tax collections and
  119  remittances under this chapter.
  120         (b) At the rate of 8.07 9.07 percent applied to the retail
  121  sales price of any direct-to-home satellite service received in
  122  this state. The proceeds of the tax imposed under this paragraph
  123  shall be accounted for and distributed in accordance with s.
  124  202.18(2). The gross receipts tax imposed by chapter 203 shall
  125  be collected on the same taxable transactions and remitted with
  126  the tax imposed by this paragraph.
  127         Section 2. Paragraph (b) of subsection (2) of section
  128  202.20, Florida Statutes, is amended to read:
  129         202.20 Local communications services tax conversion rates.—
  130         (2)
  131         (b) Except as otherwise provided in this subsection,
  132  “replaced revenue sources,” as used in this section, means the
  133  following taxes, charges, fees, or other impositions to the
  134  extent that the respective local taxing jurisdictions were
  135  authorized to impose them prior to July 1, 2000.
  136         1. With respect to municipalities and charter counties and
  137  the taxes authorized by s. 202.19(1):
  138         a. The public service tax on telecommunications authorized
  139  by former s. 166.231(9).
  140         b. Franchise fees on cable service providers as authorized
  141  by 47 U.S.C. s. 542.
  142         c. The public service tax on prepaid calling arrangements.
  143         d. Franchise fees on dealers of communications services
  144  which use the public roads or rights-of-way, up to the limit set
  145  forth in s. 337.401. For purposes of calculating rates under
  146  this section, it is the legislative intent that charter counties
  147  be treated as having had the same authority as municipalities to
  148  impose franchise fees on recurring local telecommunication
  149  service revenues prior to July 1, 2000. However, the Legislature
  150  recognizes that the authority of charter counties to impose such
  151  fees is in dispute, and the treatment provided in this section
  152  is not an expression of legislative intent that charter counties
  153  actually do or do not possess such authority.
  154         e. Actual permit fees relating to placing or maintaining
  155  facilities in or on public roads or rights-of-way, collected
  156  from providers of long-distance, cable, and mobile
  157  communications services for the fiscal year ending September 30,
  158  1999; however, if a municipality or charter county elects the
  159  option to charge permit fees pursuant to s. 337.401(3)(c)
  160  337.401(3)(c)1.a., such fees shall not be included as a replaced
  161  revenue source.
  162         2. With respect to all other counties and the taxes
  163  authorized in s. 202.19(1), franchise fees on cable service
  164  providers as authorized by 47 U.S.C. s. 542.
  165         Section 3. Subsection (3), paragraphs (e) and (f) of
  166  subsection (6), and paragraphs (b), (c), (d), (e), (f), (g), and
  167  (i) of subsection (7) of section 337.401, Florida Statutes, are
  168  amended, and subsection (8) is added to that section, to read:
  169         337.401 Use of right-of-way for utilities subject to
  170  regulation; permit; fees.—
  171         (3)(a) Because of the unique circumstances applicable to
  172  providers of communications services, including, but not limited
  173  to, the circumstances described in paragraph (e) and the fact
  174  that federal and state law require the nondiscriminatory
  175  treatment of providers of telecommunications services, and
  176  because of the desire to promote competition among providers of
  177  communications services, it is the intent of the Legislature
  178  that municipalities and counties treat providers of
  179  communications services in a nondiscriminatory and competitively
  180  neutral manner, taking into account the distinct engineering,
  181  construction, operation, maintenance, public works, and safety
  182  requirements of the provider’s facilities, when imposing rules
  183  or regulations governing the placement or maintenance of
  184  communications facilities in the public roads or rights-of-way.
  185  Rules or regulations imposed by a municipality or county
  186  relating to providers of communications services placing or
  187  maintaining communications facilities in its roads or rights-of
  188  way must be generally applicable to all providers of
  189  communications services and, notwithstanding any other law, may
  190  not require a provider of communications services to apply for
  191  or enter into an individual license, franchise, or other
  192  agreement with the municipality or county as a condition of
  193  placing or maintaining communications facilities in its roads or
  194  rights-of-way. In addition to other reasonable rules or
  195  regulations that a municipality or county may adopt relating to
  196  the placement or maintenance of communications facilities in its
  197  roads or rights-of-way under this subsection or subsection (7),
  198  a municipality or county may require a provider of
  199  communications services that places or seeks to place facilities
  200  in its roads or rights-of-way to register with the municipality
  201  or county. To register, a provider of communications services
  202  only may be required to provide its name and to provide the name
  203  of the registrant; the name, address, and telephone number of a
  204  contact person for the registrant; the number of the
  205  registrant’s current certificate of authorization issued by the
  206  Florida Public Service Commission, the Federal Communications
  207  Commission, or the Department of State; and any required proof
  208  of insurance or self-insuring status adequate to defend and
  209  cover claims. A municipality or county may not require the
  210  provision of an inventory of communications facilities, maps,
  211  locations of such facilities, or other information by a
  212  registrant as a condition of registration, renewal, or for any
  213  other purpose; provided, however, that a municipality or county
  214  may require as part of a permit application that the applicant
  215  identify at-grade communications facilities within 25 feet of
  216  the proposed installation location for the placement of at-grade
  217  communications facilities. A municipality or county may not
  218  require registration renewal more frequently than every 5 years.
  219  A municipality or county may not require a provider to pay any
  220  fee, cost, or other charge for registration or renewal thereof.
  221  It is the intent of the Legislature that the placement,
  222  operation, maintenance, upgrading, and extension of
  223  communications facilities not be unreasonably interrupted or
  224  delayed through the permitting or other local regulatory
  225  process. Except as provided in this chapter or otherwise
  226  expressly authorized by chapter 202, chapter 364, or chapter
  227  610, a municipality or county may not adopt or enforce any
  228  ordinance, regulation, or requirement as to the placement or
  229  operation of communications facilities in a right-of-way by a
  230  communications services provider authorized by state or local
  231  law to operate in a right-of-way; regulate any communications
  232  services; or impose or collect any tax, fee, cost, charge, or
  233  exaction for the provision of communications services over the
  234  communications services provider’s communications facilities in
  235  a right-of-way.
  236         (b) Registration described in paragraph (a) does not
  237  establish a right to place or maintain, or priority for the
  238  placement or maintenance of, a communications facility in roads
  239  or rights-of-way of a municipality or county. Each municipality
  240  and county retains the authority to regulate and manage
  241  municipal and county roads or rights-of-way in exercising its
  242  police power, subject to the limitations imposed in this section
  243  and chapters 202 and 610. Any rules or regulations adopted by a
  244  municipality or county which govern the occupation of its roads
  245  or rights-of-way by providers of communications services must be
  246  related to the placement or maintenance of facilities in such
  247  roads or rights-of-way, must be reasonable and
  248  nondiscriminatory, and may include only those matters necessary
  249  to manage the roads or rights-of-way of the municipality or
  250  county.
  251         (c) Any municipality or county that, as of January 1, 2019,
  252  elected to require permit fees from any provider of
  253  communications services that uses or occupy municipal or county
  254  road or rights-of-way pursuant to former paragraph (c) or
  255  paragraph (j), Florida Statutes 2018, may continue to require
  256  and collect such fees. A municipality or county that elected as
  257  of such date to require permit fees may elect to forego such
  258  fees as provided herein. A municipality or county that elected
  259  as of such date not to require permit fees may not elect to
  260  impose permit fees.
  261         1.It is the intention of the state to treat all providers
  262  of communications services that use or occupy municipal or
  263  charter county roads or rights-of-way for the provision of
  264  communications services in a nondiscriminatory and competitively
  265  neutral manner with respect to the payment of permit fees.
  266  Certain providers of communications services have been granted
  267  by general law the authority to offset permit fees against
  268  franchise or other fees while other providers of communications
  269  services have not been granted this authority. In order to treat
  270  all providers of communications services in a nondiscriminatory
  271  and competitively neutral manner with respect to the payment of
  272  permit fees, each municipality and charter county shall make an
  273  election under either sub-subparagraph a. or sub-subparagraph b.
  274  and must inform the Department of Revenue of the election by
  275  certified mail by July 16, 2001. Such election shall take effect
  276  October 1, 2001.
  277         a.(I) The municipality or charter county may require and
  278  collect permit fees from any providers of communications
  279  services that use or occupy municipal or county roads or rights
  280  of-way. All fees authorized permitted under this paragraph sub
  281  subparagraph must be reasonable and commensurate with the direct
  282  and actual cost of the regulatory activity, including issuing
  283  and processing permits, plan reviews, physical inspection, and
  284  direct administrative costs; must be demonstrable; and must be
  285  equitable among users of the roads or rights-of-way. A fee
  286  authorized permitted under this paragraph sub-subparagraph may
  287  not: be offset against the tax imposed under chapter 202;
  288  include the costs of roads or rights-of-way acquisition or roads
  289  or rights-of-way rental; include any general administrative,
  290  management, or maintenance costs of the roads or rights-of-way;
  291  or be based on a percentage of the value or costs associated
  292  with the work to be performed on the roads or rights-of-way. In
  293  an action to recover amounts due for a fee not authorized
  294  permitted under this paragraph sub-subparagraph, the prevailing
  295  party may recover court costs and attorney attorney’s fees at
  296  trial and on appeal. In addition to the limitations set forth in
  297  this section, a fee levied by a municipality or charter county
  298  under this paragraph sub-subparagraph may not exceed $100.
  299  However, permit fees may not be imposed with respect to permits
  300  that may be required for service drop lines not required to be
  301  noticed under s. 556.108(5) s. 556.108(5)(a)2. or for any
  302  activity that does not require the physical disturbance of the
  303  roads or rights-of-way or does not impair access to or full use
  304  of the roads or rights-of-way, including, but not limited to,
  305  any emergency repairs of existing lawfully placed facilities,
  306  extensions of such facilities for providing communications
  307  services to customers, and the placement of micro wireless
  308  facilities in accordance with subparagraph (7)(e)3.
  309         (II) To ensure competitive neutrality among providers of
  310  communications services, for any municipality or charter county
  311  that elects to exercise its authority to require and collect
  312  permit fees under this sub-subparagraph, the rate of the local
  313  communications services tax imposed by such jurisdiction, as
  314  computed under s. 202.20, shall automatically be reduced by a
  315  rate of 0.12 percent.
  316         b. Alternatively, the municipality or charter county may
  317  elect not to require and collect permit fees from any provider
  318  of communications services that uses or occupies municipal or
  319  charter county roads or rights-of-way for the provision of
  320  communications services; however, each municipality or charter
  321  county that elects to operate under this sub-subparagraph
  322  retains all authority to establish rules and regulations for
  323  providers of communications services to use or occupy roads or
  324  rights-of-way as provided in this section.
  325         1. If a municipality or charter county elects to not
  326  require permit fees operate under this sub-subparagraph, the
  327  total rate for the local communications services tax as computed
  328  under s. 202.20 for that municipality or charter county may be
  329  increased by ordinance or resolution by an amount not to exceed
  330  a rate of 0.12 percent. If a municipality or charter county
  331  elects to increase its rate effective October 1, 2001, the
  332  municipality or charter county shall inform the department of
  333  such increased rate by certified mail postmarked on or before
  334  July 16, 2001.
  335         c. A municipality or charter county that does not make an
  336  election as provided for in this subparagraph shall be presumed
  337  to have elected to operate under the provisions of sub
  338  subparagraph b.
  339         2. Each noncharter county shall make an election under
  340  either sub-subparagraph a. or sub-subparagraph b. and shall
  341  inform the Department of Revenue of the election by certified
  342  mail by July 16, 2001. Such election shall take effect October
  343  1, 2001.
  344         a. The noncharter county may elect to require and collect
  345  permit fees from any providers of communications services that
  346  use or occupy noncharter county roads or rights-of-way. All fees
  347  permitted under this sub-subparagraph must be reasonable and
  348  commensurate with the direct and actual cost of the regulatory
  349  activity, including issuing and processing permits, plan
  350  reviews, physical inspection, and direct administrative costs;
  351  must be demonstrable; and must be equitable among users of the
  352  roads or rights-of-way. A fee permitted under this sub
  353  subparagraph may not: be offset against the tax imposed under
  354  chapter 202; include the costs of roads or rights-of-way
  355  acquisition or roads or rights-of-way rental; include any
  356  general administrative, management, or maintenance costs of the
  357  roads or rights-of-way; or be based on a percentage of the value
  358  or costs associated with the work to be performed on the roads
  359  or rights-of-way. In an action to recover amounts due for a fee
  360  not permitted under this sub-subparagraph, the prevailing party
  361  may recover court costs and attorney’s fees at trial and on
  362  appeal. In addition to the limitations set forth in this
  363  section, a fee levied by a noncharter county under this sub
  364  subparagraph may not exceed $100. However, permit fees may not
  365  be imposed with respect to permits that may be required for
  366  service drop lines not required to be noticed under s.
  367  556.108(5)(a)2. or for any activity that does not require the
  368  physical disturbance of the roads or rights-of-way or does not
  369  impair access to or full use of the roads or rights-of-way.
  370         b. Alternatively, the noncharter county may elect not to
  371  require and collect permit fees from any provider of
  372  communications services that uses or occupies noncharter county
  373  roads or rights-of-way for the provision of communications
  374  services; however, each noncharter county that elects to operate
  375  under this sub-subparagraph shall retain all authority to
  376  establish rules and regulations for providers of communications
  377  services to use or occupy roads or rights-of-way as provided in
  378  this section.
  379         2. If a noncharter county elects to not require permit fees
  380  operate under this sub-subparagraph, the total rate for the
  381  local communications services tax as computed under s. 202.20
  382  for that noncharter county may be increased by ordinance or
  383  resolution by an amount not to exceed a rate of 0.24 percent, to
  384  replace the revenue the noncharter county would otherwise have
  385  received from permit fees for providers of communications
  386  services. If a noncharter county elects to increase its rate
  387  effective October 1, 2001, the noncharter county shall inform
  388  the department of such increased rate by certified mail
  389  postmarked on or before July 16, 2001.
  390         c. A noncharter county that does not make an election as
  391  provided for in this subparagraph shall be presumed to have
  392  elected to operate under the provisions of sub-subparagraph b.
  393         3. Except as provided in this paragraph, municipalities and
  394  counties retain all existing authority to require and collect
  395  permit fees from users or occupants of municipal or county roads
  396  or rights-of-way and to set appropriate permit fee amounts.
  397         (d) After January 1, 2001, In addition to any other notice
  398  requirements, a municipality must provide to the Secretary of
  399  State, at least 10 days prior to consideration on first reading,
  400  notice of a proposed ordinance governing a telecommunications
  401  company placing or maintaining telecommunications facilities in
  402  its roads or rights-of-way. After January 1, 2001, In addition
  403  to any other notice requirements, a county must provide to the
  404  Secretary of State, at least 15 days prior to consideration at a
  405  public hearing, notice of a proposed ordinance governing a
  406  telecommunications company placing or maintaining
  407  telecommunications facilities in its roads or rights-of-way. The
  408  notice required by this paragraph must be published by the
  409  Secretary of State on a designated Internet website. The failure
  410  of a municipality or county to provide such notice does not
  411  render the ordinance invalid, provided that enforcement of such
  412  ordinance must be suspended until the municipality or county
  413  provides the required notice and duly considers amendments from
  414  affected persons.
  415         (e) The authority of municipalities and counties to require
  416  franchise fees from providers of communications services, with
  417  respect to the provision of communications services, is
  418  specifically preempted by the state because of unique
  419  circumstances applicable to providers of communications services
  420  when compared to other utilities occupying municipal or county
  421  roads or rights-of-way. Providers of communications services may
  422  provide similar services in a manner that requires the placement
  423  of facilities in municipal or county roads or rights-of-way or
  424  in a manner that does not require the placement of facilities in
  425  such roads or rights-of-way. Although similar communications
  426  services may be provided by different means, the state desires
  427  to treat providers of communications services in a
  428  nondiscriminatory manner and to have the taxes, franchise fees,
  429  and other fees, costs, and financial or regulatory exactions
  430  paid by or imposed on providers of communications services be
  431  competitively neutral. Municipalities and counties retain all
  432  existing authority, if any, to collect franchise fees from users
  433  or occupants of municipal or county roads or rights-of-way other
  434  than providers of communications services, and the provisions of
  435  this subsection shall have no effect upon this authority. The
  436  provisions of this subsection do not restrict the authority, if
  437  any, of municipalities or counties or other governmental
  438  entities to receive reasonable rental fees based on fair market
  439  value for the use of public lands and buildings on property
  440  outside the public roads or rights-of-way for the placement of
  441  communications antennas and towers.
  442         (f) Except as expressly allowed or authorized by general
  443  law and except for the rights-of-way permit fees subject to
  444  paragraph (c), a municipality or county may not levy on a
  445  provider of communications services a tax, fee, or other charge
  446  or imposition for operating as a provider of communications
  447  services within the jurisdiction of the municipality or county
  448  which is in any way related to using its roads or rights-of-way.
  449  A municipality or county may not require or solicit in-kind
  450  compensation, except as otherwise provided in s. 202.24(2)(c)8.
  451  or s. 610.109, provided that the in-kind compensation is not a
  452  franchise fee under federal law. Nothing in this paragraph shall
  453  impair any ordinance or agreement in effect on May 22, 1998, or
  454  any voluntary agreement entered into subsequent to that date,
  455  which provides for or allows in-kind compensation by a
  456  telecommunications company.
  457         (g) A municipality or county may not use its authority over
  458  the placement of facilities in its roads and rights-of-way as a
  459  basis for asserting or exercising regulatory control over a
  460  provider of communications services regarding matters within the
  461  exclusive jurisdiction of the Florida Public Service Commission
  462  or the Federal Communications Commission, including, but not
  463  limited to, the operations, systems, equipment, technology,
  464  qualifications, services, service quality, service territory,
  465  and prices of a provider of communications services. A
  466  municipality or county may not require any permit for the
  467  installation, placement, maintenance, or replacement of aerial
  468  wireline communications facilities on or between existing
  469  utility poles by a communications services provider; provided,
  470  however, that a municipality or county may require a right-of
  471  way permit for work that involves excavation, closure of a
  472  sidewalk, or closure of a vehicular lane, unless the provider is
  473  making emergency restoration or repair work to existing lawfully
  474  placed facilities. Any permit application required by an
  475  authority under this section for the placement of communications
  476  facilities must be processed and acted upon consistent with the
  477  timeframes provided in subparagraphs (7)(d)7.-9. In addition, a
  478  municipality or county may not require any permit or other
  479  approval, fee, charge, or cost, or other exaction for the
  480  extension, routine maintenance and repair, or replacement and
  481  upgrade of existing aerial or underground communications
  482  facilities located on private property outside of the public
  483  rights-of-way.
  484         (h) A provider of communications services that has obtained
  485  permission to occupy the roads or rights-of-way of an
  486  incorporated municipality pursuant to s. 362.01 or that is
  487  otherwise lawfully occupying the roads or rights-of-way of a
  488  municipality or county shall not be required to obtain consent
  489  to continue such lawful occupation of those roads or rights-of
  490  way; however, nothing in this paragraph shall be interpreted to
  491  limit the power of a municipality or county to adopt or enforce
  492  reasonable rules or regulations as provided in this section and
  493  consistent with chapters 202, 364, and 610. Any such rules or
  494  regulations must be in writing, and providers of communications
  495  services in the municipality or county must be given at least 60
  496  days advance written notice of any changes to the rules and
  497  regulations.
  498         (i) Except as expressly provided in this section, this
  499  section does not modify the authority of municipalities and
  500  counties to levy the tax authorized in chapter 202 or the duties
  501  of providers of communications services under ss. 337.402
  502  337.404. This section does not apply to building permits, pole
  503  attachments, or private roads, private easements, and private
  504  rights-of-way.
  505         (j) Pursuant to this paragraph, any county or municipality
  506  may by ordinance change either its election made on or before
  507  July 16, 2001, under paragraph (c) or an election made under
  508  this paragraph.
  509         1.a. If a municipality or charter county changes its
  510  election under this paragraph in order to exercise its authority
  511  to require and collect permit fees in accordance with this
  512  subsection, the rate of the local communications services tax
  513  imposed by such jurisdiction pursuant to ss. 202.19 and 202.20
  514  shall automatically be reduced by the sum of 0.12 percent plus
  515  the percentage, if any, by which such rate was increased
  516  pursuant to sub-subparagraph (c)1.b.
  517         b. If a municipality or charter county changes its election
  518  under this paragraph in order to discontinue requiring and
  519  collecting permit fees, the rate of the local communications
  520  services tax imposed by such jurisdiction pursuant to ss. 202.19
  521  and 202.20 may be increased by ordinance or resolution by an
  522  amount not to exceed 0.24 percent.
  523         2.a. If a noncharter county changes its election under this
  524  paragraph in order to exercise its authority to require and
  525  collect permit fees in accordance with this subsection, the rate
  526  of the local communications services tax imposed by such
  527  jurisdiction pursuant to ss. 202.19 and 202.20 shall
  528  automatically be reduced by the percentage, if any, by which
  529  such rate was increased pursuant to sub-subparagraph (c)2.b.
  530         b. If a noncharter county changes its election under this
  531  paragraph in order to discontinue requiring and collecting
  532  permit fees, the rate of the local communications services tax
  533  imposed by such jurisdiction pursuant to ss. 202.19 and 202.20
  534  may be increased by ordinance or resolution by an amount not to
  535  exceed 0.24 percent.
  536         3.a. Any change of election pursuant to this paragraph and
  537  any tax rate change resulting from such change of election shall
  538  be subject to the notice requirements of s. 202.21; however, no
  539  such change of election shall become effective prior to January
  540  1, 2003.
  541         b. Any county or municipality changing its election under
  542  this paragraph in order to exercise its authority to require and
  543  collect permit fees shall, in addition to complying with the
  544  notice requirements under s. 202.21, provide to all dealers
  545  providing communications services in such jurisdiction written
  546  notice of such change of election by September 1 immediately
  547  preceding the January 1 on which such change of election becomes
  548  effective. For purposes of this sub-subparagraph, dealers
  549  providing communications services in such jurisdiction shall
  550  include every dealer reporting tax to such jurisdiction pursuant
  551  to s. 202.37 on the return required under s. 202.27 to be filed
  552  on or before the 20th day of May immediately preceding the
  553  January 1 on which such change of election becomes effective.
  554         (k) Notwithstanding the provisions of s. 202.19, when a
  555  local communications services tax rate is changed as a result of
  556  an election made or changed under this subsection, such rate may
  557  shall not be rounded to tenths.
  558         (6)
  559         (e) This subsection does not alter any provision of this
  560  section or s. 202.24 relating to taxes, fees, or other charges
  561  or impositions by a municipality or county on a dealer of
  562  communications services or authorize that any charges be
  563  assessed on a dealer of communications services, except as
  564  specifically set forth herein. A municipality or county may not
  565  charge a pass-through provider any amounts other than the
  566  charges under this subsection as a condition to the placement or
  567  maintenance of a communications facility in the roads or rights
  568  of-way of a municipality or county by a pass-through provider,
  569  except that a municipality or county may impose permit fees on a
  570  pass-through provider consistent with paragraph (3)(c) if the
  571  municipality or county elects to exercise its authority to
  572  collect permit fees under paragraph (3)(c).
  573         (f) The charges under this subsection do not apply to
  574  communications facilities placed in a municipality’s or county’s
  575  rights-of-way prior to the effective date of this subsection
  576  with permission from the municipality or county, if any was
  577  required, except to the extent the facilities of a pass-through
  578  provider were subject to per linear foot or mile charges in
  579  effect as of October 1, 2001, in which case the municipality or
  580  county may only impose on a pass-through provider charges
  581  consistent with paragraph (b) or paragraph (c) for such
  582  facilities. Notwithstanding the foregoing, this subsection does
  583  not impair any written agreement between a pass-through provider
  584  and a municipality or county imposing per linear foot or mile
  585  charges for communications facilities placed in municipal or
  586  county roads or rights-of-way that is in effect prior to the
  587  effective date of this subsection. Upon the termination or
  588  expiration of any such written agreement, any charges imposed
  589  must shall be consistent with this section paragraph (b) or
  590  paragraph (c). Notwithstanding the foregoing, until October 1,
  591  2005, this subsection shall not affect a municipality or county
  592  continuing to impose charges in excess of the charges authorized
  593  in this subsection on facilities of a pass-through provider that
  594  is not a dealer of communications services in the state under
  595  chapter 202, but only to the extent such charges were imposed by
  596  municipal or county ordinance or resolution adopted prior to
  597  February 1, 2002. Effective October 1, 2005, any charges imposed
  598  shall be consistent with paragraph (b) or paragraph (c).
  599         (7)
  600         (b) As used in this subsection, the term:
  601         1. “Antenna” means communications equipment that transmits
  602  or receives electromagnetic radio frequency signals used in
  603  providing wireless services.
  604         2. “Applicable codes” means uniform building, fire,
  605  electrical, plumbing, or mechanical codes adopted by a
  606  recognized national code organization or local amendments to
  607  those codes enacted solely to address threats of destruction of
  608  property or injury to persons, or local codes or ordinances
  609  adopted to implement this subsection. The term includes
  610  objective design standards adopted by ordinance that may require
  611  a new utility pole that replaces an existing utility pole to be
  612  of substantially similar design, material, and color or that may
  613  require reasonable spacing requirements concerning the location
  614  of ground-mounted equipment. The term includes objective design
  615  standards adopted by ordinance that may require a small wireless
  616  facility to meet reasonable location context, color, stealth,
  617  and concealment requirements; however, such design standards may
  618  be waived by the authority upon a showing that the design
  619  standards are not reasonably compatible for the particular
  620  location of a small wireless facility or that the design
  621  standards impose an excessive expense. The waiver shall be
  622  granted or denied within 45 days after the date of the request.
  623         3. “Applicant” means a person who submits an application
  624  and is a wireless provider.
  625         4. “Application” means a request submitted by an applicant
  626  to an authority for a permit to collocate small wireless
  627  facilities or to place a new utility pole used to support a
  628  small wireless facility.
  629         5. “Authority” means a county or municipality having
  630  jurisdiction and control of the rights-of-way of any public
  631  road. The term does not include the Department of
  632  Transportation. Rights-of-way under the jurisdiction and control
  633  of the department are excluded from this subsection.
  634         6. “Authority utility pole” means a utility pole owned by
  635  an authority in the right-of-way. The term does not include a
  636  utility pole owned by a municipal electric utility, a utility
  637  pole used to support municipally owned or operated electric
  638  distribution facilities, or a utility pole located in the right
  639  of-way within:
  640         a. A retirement community that:
  641         (I) Is deed restricted as housing for older persons as
  642  defined in s. 760.29(4)(b);
  643         (II) Has more than 5,000 residents; and
  644         (III) Has underground utilities for electric transmission
  645  or distribution.
  646         b. A municipality that:
  647         (I) Is located on a coastal barrier island as defined in s.
  648  161.053(1)(b)3.;
  649         (II) Has a land area of less than 5 square miles;
  650         (III) Has less than 10,000 residents; and
  651         (IV) Has, before July 1, 2017, received referendum approval
  652  to issue debt to finance municipal-wide undergrounding of its
  653  utilities for electric transmission or distribution.
  654         7. “Collocate” or “collocation” means to install, mount,
  655  maintain, modify, operate, or replace one or more wireless
  656  facilities on, under, within, or adjacent to a wireless support
  657  structure or utility pole. The term does not include the
  658  installation of a new utility pole or wireless support structure
  659  in the public rights-of-way.
  660         8. “FCC” means the Federal Communications Commission.
  661         9. “Micro wireless facility” means a small wireless
  662  facility having dimensions no larger than 24 inches in length,
  663  15 inches in width, and 12 inches in height and an exterior
  664  antenna, if any, no longer than 11 inches.
  665         10. “Small wireless facility” means a wireless facility
  666  that meets the following qualifications:
  667         a. Each antenna associated with the facility is located
  668  inside an enclosure of no more than 6 cubic feet in volume or,
  669  in the case of antennas that have exposed elements, each antenna
  670  and all of its exposed elements could fit within an enclosure of
  671  no more than 6 cubic feet in volume; and
  672         b. All other wireless equipment associated with the
  673  facility is cumulatively no more than 28 cubic feet in volume.
  674  The following types of associated ancillary equipment are not
  675  included in the calculation of equipment volume: electric
  676  meters, concealment elements, telecommunications demarcation
  677  boxes, ground-based enclosures, grounding equipment, power
  678  transfer switches, cutoff switches, vertical cable runs for the
  679  connection of power and other services, and utility poles or
  680  other support structures.
  681         11. “Utility pole” means a pole or similar structure that
  682  is used in whole or in part to provide communications services
  683  or for electric distribution, lighting, traffic control,
  684  signage, or a similar function. The term includes the vertical
  685  support structure for traffic lights but does not include a
  686  horizontal structure to which signal lights or other traffic
  687  control devices are attached and does not include a pole or
  688  similar structure 15 feet in height or less unless an authority
  689  grants a waiver for such pole.
  690         12. “Wireless facility” means equipment at a fixed location
  691  which enables wireless communications between user equipment and
  692  a communications network, including radio transceivers,
  693  antennas, wires, coaxial or fiber-optic cable or other cables,
  694  regular and backup power supplies, and comparable equipment,
  695  regardless of technological configuration, and equipment
  696  associated with wireless communications. The term includes small
  697  wireless facilities. The term does not include:
  698         a. The structure or improvements on, under, within, or
  699  adjacent to the structure on which the equipment is collocated;
  700         b. Wireline backhaul facilities; or
  701         c. Coaxial or fiber-optic cable that is between wireless
  702  structures or utility poles or that is otherwise not immediately
  703  adjacent to or directly associated with a particular antenna.
  704         13. “Wireless infrastructure provider” means a person who
  705  has been certificated under chapter 364 to provide
  706  telecommunications service in the state or under chapter 610 to
  707  provide cable or video services in this state, or that person’s
  708  affiliate, and who builds or installs wireless communication
  709  transmission equipment, wireless facilities, or wireless support
  710  structures but is not a wireless services provider.
  711         14. “Wireless provider” means a wireless infrastructure
  712  provider or a wireless services provider.
  713         15. “Wireless services” means any services provided using
  714  licensed or unlicensed spectrum, whether at a fixed location or
  715  mobile, using wireless facilities.
  716         16. “Wireless services provider” means a person who
  717  provides wireless services.
  718         17. “Wireless support structure” means a freestanding
  719  structure, such as a monopole, a guyed or self-supporting tower,
  720  or another existing or proposed structure designed to support or
  721  capable of supporting wireless facilities. The term does not
  722  include a utility pole, pedestal, or other support structure for
  723  ground-based equipment not mounted on a utility pole and less
  724  than 10 feet in height.
  725         (c) Except as provided in this subsection, an authority may
  726  not prohibit, regulate, or charge for the collocation of small
  727  wireless facilities in the public rights-of-way or for the
  728  installation, maintenance, modification, operation, or
  729  replacement of utility poles used for the collocation of small
  730  wireless facilities in the public rights-of-way.
  731         (d) An authority may require a registration process and
  732  permit fees in accordance with subsection (3). An authority
  733  shall accept applications for permits and shall process and
  734  issue permits subject to the following requirements:
  735         1. An authority may not directly or indirectly require an
  736  applicant to perform services unrelated to the collocation for
  737  which approval is sought, such as in-kind contributions to the
  738  authority, including reserving fiber, conduit, or pole space for
  739  the authority.
  740         2. An applicant may not be required to provide more
  741  information to obtain a permit than is necessary to demonstrate
  742  the applicant’s compliance with applicable codes for the
  743  placement of small wireless facilities in the locations
  744  identified in the application. An applicant may not be required
  745  to provide inventories, maps, or locations of communications
  746  facilities in the right-of-way other than as necessary to avoid
  747  interference with other at-grade facilities located at the
  748  specific location proposed for a small wireless facility or
  749  within 25 feet of such location.
  750         3. An authority may not:
  751         a. Require the placement of small wireless facilities on
  752  any specific utility pole or category of poles; or
  753         b. Require the placement of multiple antenna systems on a
  754  single utility pole;
  755         c.Require a demonstration that collocation of a small
  756  wireless facility on an existing structure is not legally or
  757  technically possible as a condition for granting a permit for
  758  the collocation of a small wireless facility on a new utility
  759  pole;
  760         d.Require compliance with an authority’s provisions
  761  regarding placement of small wireless facilities or a new
  762  utility pole used to support a small wireless facility in
  763  rights-of-way not under the control of the authority pursuant to
  764  a delegation from the department, or require such compliance as
  765  a condition to receive a permit that is ancillary to the permit
  766  for collocation of a small wireless facility, including an
  767  electrical permit;
  768         e.Require a meeting before filing an application;
  769         f.Require direct or indirect public notification or a
  770  public meeting for the placement of communication facilities in
  771  the right-of-way;
  772         g.Limit the size or configuration of a small wireless
  773  facility or any of its components, if the small wireless
  774  facility complies with the size limits in this subsection;
  775         h.Prohibit the installation of a new utility pole used to
  776  support the collocation of a small wireless facility if the
  777  installation otherwise meets the requirements of this
  778  subsection;
  779         i.Require that any component of a small wireless facility
  780  be placed underground; or
  781         j.Require that any existing communication facility be
  782  placed underground, except as provided in ss. 337.403 and
  783  337.404.
  784         4. Subject to sub-subparagraph (f)6.b., an authority may
  785  not limit the placement, by minimum separation distances, of
  786  small wireless facilities, utility poles on which small wireless
  787  facilities are or will be collocated, or other at-grade
  788  communications facilities by minimum separation distances.
  789  However, within 14 days after the date of filing the
  790  application, an authority may request that the proposed location
  791  of a small wireless facility be moved to another location in the
  792  right-of-way and placed on an alternative authority utility pole
  793  or support structure or placed on may place a new utility pole.
  794  The authority and the applicant may negotiate the alternative
  795  location, including any objective design standards and
  796  reasonable spacing requirements for ground-based equipment, for
  797  30 days after the date of the request. At the conclusion of the
  798  negotiation period, if the alternative location is accepted by
  799  the applicant, the applicant must notify the authority of such
  800  acceptance and the application shall be deemed granted for any
  801  new location for which there is agreement and all other
  802  locations in the application. If an agreement is not reached,
  803  the applicant must notify the authority of such nonagreement and
  804  the authority must grant or deny the original application within
  805  90 days after the date the application was filed. A request for
  806  an alternative location, an acceptance of an alternative
  807  location, or a rejection of an alternative location must be in
  808  writing and provided by electronic mail.
  809         5. An authority shall limit the height of a small wireless
  810  facility to 10 feet above the utility pole or structure upon
  811  which the small wireless facility is to be collocated. Unless
  812  waived by an authority, the height for a new utility pole is
  813  limited to the tallest existing utility pole as of July 1, 2017,
  814  located in the same right-of-way, other than a utility pole for
  815  which a waiver has previously been granted, measured from grade
  816  in place within 500 feet of the proposed location of the small
  817  wireless facility. If there is no utility pole within 500 feet,
  818  the authority shall limit the height of the utility pole to 50
  819  feet.
  820         6. Except as provided in subparagraphs 4. and 5., The
  821  installation by a communications services provider of a utility
  822  pole in the public rights-of-way, other than a utility pole used
  823  designed to support a small wireless facility, is shall be
  824  subject to authority rules or regulations governing the
  825  placement of utility poles in the public rights-of-way and is
  826  shall be subject to the application review timeframes in this
  827  subsection.
  828         7. Within 14 days after receiving an application, an
  829  authority must determine and notify the applicant by electronic
  830  mail as to whether the application is complete. If an
  831  application is deemed incomplete, the authority must
  832  specifically identify the missing information. An application is
  833  deemed complete if the authority fails to provide notification
  834  to the applicant within 14 days.
  835         8. An application must be processed on a nondiscriminatory
  836  basis. A complete application is deemed approved if an authority
  837  fails to approve or deny the application within 60 days after
  838  receipt of the application. If an authority does not use the 30
  839  day negotiation period provided in subparagraph 4., the parties
  840  may mutually agree to extend the 60-day application review
  841  period. The authority shall grant or deny the application at the
  842  end of the extended period. A permit issued pursuant to an
  843  approved application shall remain effective for 1 year unless
  844  extended by the authority.
  845         9. An authority must notify the applicant of approval or
  846  denial by electronic mail. An authority shall approve a complete
  847  application unless it does not meet the authority’s applicable
  848  codes. If the application is denied, the authority must specify
  849  in writing the basis for denial, including the specific code
  850  provisions on which the denial was based, and send the
  851  documentation to the applicant by electronic mail on the day the
  852  authority denies the application. The applicant may cure the
  853  deficiencies identified by the authority and resubmit the
  854  application within 30 days after notice of the denial is sent to
  855  the applicant. The authority shall approve or deny the revised
  856  application within 30 days after receipt or the application is
  857  deemed approved. The review of a revised application is Any
  858  subsequent review shall be limited to the deficiencies cited in
  859  the denial. The availability of any subsequent review by the
  860  authority does not bar review of a denial in a court of
  861  competent jurisdiction.
  862         10. An applicant seeking to collocate small wireless
  863  facilities within the jurisdiction of a single authority may, at
  864  the applicant’s discretion, file a consolidated application and
  865  receive a single permit for the collocation of up to 30 small
  866  wireless facilities. If the application includes multiple small
  867  wireless facilities, an authority may separately address small
  868  wireless facility collocations for which incomplete information
  869  has been received or which are denied.
  870         11. An authority may deny a proposed collocation of a small
  871  wireless facility in the public rights-of-way if the proposed
  872  collocation:
  873         a. Materially interferes with the safe operation of traffic
  874  control equipment.
  875         b. Materially interferes with sight lines or clear zones
  876  for transportation, pedestrians, or public safety purposes.
  877         c. Materially interferes with compliance with the Americans
  878  with Disabilities Act or similar federal or state standards
  879  regarding pedestrian access or movement.
  880         d. Materially fails to comply with the 2010 edition of the
  881  Florida Department of Transportation Utility Accommodation
  882  Manual.
  883         e. Fails to comply with applicable codes.
  884         f.Fails to comply with objective design standards
  885  authorized under subparagraph (f)6.
  886         12. An authority may adopt by ordinance provisions for
  887  insurance coverage, indemnification, performance bonds, security
  888  funds, force majeure, abandonment, authority liability, or
  889  authority warranties. Such provisions must be reasonable and
  890  nondiscriminatory. An authority may require a construction bond
  891  to secure restoration of the postconstruction rights-of-way to
  892  its preconstruction condition. However, such bond must be time
  893  limited to no more than 1 year after the construction to which
  894  the bond applies is completed. For any financial obligation
  895  required by an authority allowed under this section, the
  896  authority shall accept a letter of credit or similar financial
  897  instrument issued by any financial institution that is
  898  authorized to do business within the United States, provided
  899  that a claim against the financial instrument may be made by
  900  electronic means, including by facsimile. A provider of
  901  communications services may add an authority to any existing
  902  bond, insurance policy, or other relevant financial instrument,
  903  and the authority must accept such proof of coverage without any
  904  conditions. An authority may not require a communications
  905  services provider to indemnify it for liabilities not caused by
  906  the provider, including liabilities arising from the authority’s
  907  negligence, gross negligence, or willful conduct.
  908         13. Collocation of a small wireless facility on an
  909  authority utility pole does not provide the basis for the
  910  imposition of an ad valorem tax on the authority utility pole.
  911         14. An authority may reserve space on authority utility
  912  poles for future public safety uses. However, a reservation of
  913  space may not preclude collocation of a small wireless facility.
  914  If replacement of the authority utility pole is necessary to
  915  accommodate the collocation of the small wireless facility and
  916  the future public safety use, the pole replacement is subject to
  917  make-ready provisions and the replaced pole shall accommodate
  918  the future public safety use.
  919         15. A structure granted a permit and installed pursuant to
  920  this subsection shall comply with chapter 333 and federal
  921  regulations pertaining to airport airspace protections.
  922         (e) An authority may not require any permit or other
  923  approval or require fees, or other charges, costs, or other
  924  exactions for:
  925         1. Routine maintenance or repair work, including, but not
  926  limited to, emergency repairs of existing lawfully placed
  927  facilities, or extensions of such facilities, for providing
  928  communications services to customers;
  929         2. Replacement of existing wireless facilities with
  930  wireless facilities that are substantially similar or of the
  931  same or smaller size; or
  932         3. Installation, placement, maintenance, or replacement of
  933  micro wireless facilities that are suspended on cables strung
  934  between existing utility poles in compliance with applicable
  935  codes by or for a communications services provider authorized to
  936  occupy the rights-of-way and who is remitting taxes under
  937  chapter 202. An authority may require an initial letter from or
  938  on behalf of such provider, which is effective upon filing,
  939  attesting that the micro wireless facility dimensions comply
  940  with the limits of this subsection. The authority may not
  941  require any additional filing or other information as long as
  942  the provider is deploying the same, a substantially similar, or
  943  a smaller size micro wireless facility equipment.
  944  
  945  Notwithstanding this paragraph, an authority may require a
  946  right-of-way permit for work that involves excavation, closure
  947  of a sidewalk, or closure of a vehicular lane unless the
  948  provider is making emergency restoration or repair work to
  949  existing lawfully placed facilities.
  950         (f) Collocation of small wireless facilities on authority
  951  utility poles is subject to the following requirements:
  952         1. An authority may not enter into an exclusive arrangement
  953  with any person for the right to attach equipment to authority
  954  utility poles.
  955         2. The rates and fees for collocations on authority utility
  956  poles must be nondiscriminatory, regardless of the services
  957  provided by the collocating person.
  958         3. The rate to collocate small wireless facilities on an
  959  authority utility pole may not exceed $150 per pole annually.
  960         4. Agreements between authorities and wireless providers
  961  that are in effect on July 1, 2017, and that relate to the
  962  collocation of small wireless facilities in the right-of-way,
  963  including the collocation of small wireless facilities on
  964  authority utility poles, remain in effect, subject to applicable
  965  termination provisions. The wireless provider may accept the
  966  rates, fees, and terms established under this subsection for
  967  small wireless facilities and utility poles that are the subject
  968  of an application submitted after the rates, fees, and terms
  969  become effective.
  970         5. A person owning or controlling an authority utility pole
  971  shall offer rates, fees, and other terms that comply with this
  972  subsection. By the later of January 1, 2018, or 3 months after
  973  receiving a request to collocate its first small wireless
  974  facility on a utility pole owned or controlled by an authority,
  975  the person owning or controlling the authority utility pole
  976  shall make available, through ordinance or otherwise, rates,
  977  fees, and terms for the collocation of small wireless facilities
  978  on the authority utility pole which comply with this subsection.
  979         a. The rates, fees, and terms must be nondiscriminatory and
  980  competitively neutral and must comply with this subsection.
  981         b. For an authority utility pole that supports an aerial
  982  facility used to provide communications services or electric
  983  service, the parties shall comply with the process for make
  984  ready work under 47 U.S.C. s. 224 and implementing regulations.
  985  The good faith estimate of the person owning or controlling the
  986  pole for any make-ready work necessary to enable the pole to
  987  support the requested collocation must include pole replacement
  988  if necessary.
  989         c. For an authority utility pole that does not support an
  990  aerial facility used to provide communications services or
  991  electric service, the authority shall provide a good faith
  992  estimate for any make-ready work necessary to enable the pole to
  993  support the requested collocation, including necessary pole
  994  replacement, within 60 days after receipt of a complete
  995  application. Make-ready work, including any pole replacement,
  996  must be completed within 60 days after written acceptance of the
  997  good faith estimate by the applicant. Alternatively, an
  998  authority may require the applicant seeking to collocate a small
  999  wireless facility to provide a make-ready estimate at the
 1000  applicant’s expense for the work necessary to support the small
 1001  wireless facility, including pole replacement, and perform the
 1002  make-ready work. If pole replacement is required, the scope of
 1003  the make-ready estimate is limited to the design, fabrication,
 1004  and installation of a utility pole that is substantially similar
 1005  in color and composition. The authority may not condition or
 1006  restrict the manner in which the applicant obtains, develops, or
 1007  provides the estimate or conducts the make-ready work subject to
 1008  usual construction restoration standards for work in the right
 1009  of-way. The replaced or altered utility pole shall remain the
 1010  property of the authority.
 1011         d. An authority may not require more make-ready work than
 1012  is required to meet applicable codes or industry standards. Fees
 1013  for make-ready work may not include costs related to preexisting
 1014  damage or prior noncompliance. Fees for make-ready work,
 1015  including any pole replacement, may not exceed actual costs or
 1016  the amount charged to communications services providers other
 1017  than wireless services providers for similar work and may not
 1018  include any consultant fee or expense.
 1019         6.An authority may require wireless providers to comply
 1020  with objective design standards adopted by ordinance. The
 1021  ordinance may require:
 1022         a.A new utility pole that replaces an existing utility
 1023  pole to be of substantially similar design, material, and color;
 1024         b.Reasonable spacing requirements concerning the location
 1025  of a ground-mounted component of a small wireless facility which
 1026  does not exceed 15 feet from the associated support structure;
 1027  or
 1028         c.A small wireless facility to meet reasonable location
 1029  context, color, camouflage, and concealment requirements,
 1030  subject to the limitations in this subsection.
 1031  
 1032  Such design standards under this subparagraph may be waived by
 1033  the authority upon a showing that the design standards are not
 1034  reasonably compatible for the particular location of a small
 1035  wireless facility or are technically infeasible or that the
 1036  design standards impose an excessive expense. The waiver must be
 1037  granted or denied within 45 days after the date of the request.
 1038         (g) For any applications filed before the effective date of
 1039  ordinances implementing this subsection, an authority may apply
 1040  current ordinances relating to placement of communications
 1041  facilities in the right-of-way related to registration,
 1042  permitting, insurance coverage, indemnification, performance
 1043  bonds, security funds, force majeure, abandonment, authority
 1044  liability, or authority warranties. Permit application
 1045  requirements and small wireless facility placement requirements,
 1046  including utility pole height limits, that conflict with this
 1047  subsection must shall be waived by the authority. An authority
 1048  may not institute, either expressly or de facto, a moratorium,
 1049  zoning-in-progress, or other mechanism that would prohibit or
 1050  delay the filing, receiving, or processing of registrations,
 1051  applications, or issuing of permits or other approvals for the
 1052  collocation of small wireless facilities or the installation,
 1053  modification, or replacement of utility poles used to support
 1054  the collocation of small wireless facilities.
 1055         (i) A wireless provider shall, in relation to a small
 1056  wireless facility, utility pole, or wireless support structure
 1057  in the public rights-of-way, comply with nondiscriminatory
 1058  undergrounding requirements of an authority that prohibit above
 1059  ground structures in public rights-of-way. Any such requirements
 1060  may be waived by the authority.
 1061         (8)(a)Any person aggrieved by a violation of this section
 1062  may bring a civil action in a United States District Court or in
 1063  any other court of competent jurisdiction.
 1064         (b)The court may:
 1065         1.Grant temporary or permanent injunctions on terms as it
 1066  may deem reasonable to prevent or restrain violations of this
 1067  section; and
 1068         2.Direct the recovery of full costs, including awarding
 1069  reasonable attorney fees, to an aggrieved party who prevails.
 1070         Section 4. The taxes imposed by s. 202.12, Florida
 1071  Statutes, as amended by this act, on communications services
 1072  shall be applied to communications services reflected on bills
 1073  dated on or after October 1, 2020.
 1074         Section 5. This act shall take effect July 1, 2019.