Amendment
Bill No. 1322

Amendment No. 506825

CHAMBER ACTION
Senate		House
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1	The Commerce Council offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Committee on Public Service Commission
6	Oversight; creation; membership; powers and duties.--
7	(1)  There is created a standing joint committee of the
8	Legislature, designated the Committee on Public Service
9	Commission Oversight, and composed of twelve members appointed
10	as follows: six members of the Senate appointed by the President
11	of the Senate, two of whom must be members of the minority
12	party; and six members of the House of Representatives appointed
13	by the Speaker of the House of Representatives, two of whom must
14	be members of the minority party. The terms of members shall be
15	for 2 years and shall run from the organization of one
16	Legislature to the organization of the next Legislature. The
17	President shall appoint the chair of the committee in even-
18	numbered years and the vice chair in odd-numbered years, and the
19	Speaker of the House of Representatives shall appoint the chair
20	of the committee in odd-numbered years and the vice chair in
21	even-numbered years, from among the committee membership.
22	Vacancies shall be filled in the same manner as the original
23	appointment. Members shall serve without additional
24	compensation, but shall be reimbursed for expenses.
25	(2)  The committee shall be governed by joint rules of the
26	Senate and the House of Representatives which shall remain in
27	effect until repealed or amended by concurrent resolution.
28	(3)  The committee shall:
29	(a)  Recommend to the Governor nominees to fill a vacancy
30	on the Public Service Commission, as provided by general law;
31	and
32	(b)  Appoint a Public Counsel as provided by general law.
33	(4)  The committee is authorized to file a complaint with
34	the Commission on Ethics alleging a violation of chapter 350,
35	Florida Statutes, by a commissioner, former commissioner, former
36	commission employee, or member of the Public Service Commission
37	Nominating Council.
38	(5)  The committee will not have a permanent staff, but the
39	President of the Senate and the Speaker of the House of
40	Representatives shall select staff members from among existing
41	legislative staff, when and as needed.
42	Section 2.  Section 350.001, Florida Statutes, is amended
43	to read:
44	350.001  Legislative intent.--The Florida Public Service
45	Commission has been and shall continue to be an arm of the
46	legislative branch of government. The Public Service Commission
47	shall perform its duties independently. It is the desire of the
48	Legislature that the Governor participate in the appointment
49	process of commissioners to the Public Service Commission. The
50	Legislature accordingly delegates to the Governor a limited
51	authority with respect to the Public Service Commission by
52	authorizing him or her to participate in the selection of
53	members only from the list provided by the Florida Public
54	Service Commission Nominating Council in the manner prescribed
55	by s. 350.031.
56	Section 3.  Section 350.031, Florida Statutes, is amended
57	to read:
58	350.031  Florida Public Service Commission Nominating
59	Council.--
60	(1)  There is created a Florida Public Service Commission
61	Nominating Council consisting of nine members. At least one
62	member of the council must be 60 years of age or older. Three
63	members, including one member of the House of Representatives,
64	shall be appointed by and serve at the pleasure of the Speaker
65	of the House of Representatives; three members, including one
66	member of the Senate, shall be appointed by and serve at the
67	pleasure of the President of the Senate; and three members shall
68	be selected and appointed by a majority vote of the other six
69	members of the council. All terms shall be for 4 years except
70	those members of the House and Senate, who shall serve 2-year
71	terms concurrent with the 2-year elected terms of House members.
72	Vacancies on the council shall be filled for the unexpired
73	portion of the term in the same manner as original appointments
74	to the council. A member may not be reappointed to the council,
75	except for a member of the House of Representatives or the
76	Senate who may be appointed to two 2-year terms or a person who
77	is appointed to fill the remaining portion of an unexpired term.
78	(2)(a)  No member or spouse shall be the holder of the
79	stocks or bonds of any company, other than through ownership of
80	shares in a mutual fund, regulated by the commission, or any
81	affiliated company of any company regulated by the commission,
82	or be an agent or employee of, or have any interest in, any
83	company regulated by the commission or any affiliated company of
84	any company regulated by the commission, or in any firm which
85	represents in any capacity either companies which are regulated
86	by the commission or affiliates of companies regulated by the
87	commission. As a condition of appointment to the council, each
88	appointee shall affirm to the Speaker and the President his or
89	her qualification by the following certification: "I hereby
90	certify that I am not a stockholder, other than through
91	ownership of shares in a mutual fund, in any company regulated
92	by the commission or in any affiliate of a company regulated by
93	the commission, nor in any way, directly or indirectly, in the
94	employment of, or engaged in the management of any company
95	regulated by the commission or any affiliate of a company
96	regulated by the commission, or in any firm which represents in
97	any capacity either companies which are regulated by the
98	commission or affiliates of companies regulated by the
99	commission."
100
101	This certification is made as condition to appointment to the
102	Florida Public Service Commission Nominating Council.
103	(b)  A member of the council may be removed by the Speaker
104	of the House of Representatives and the President of the Senate
105	upon a finding by the Speaker and the President that the council
106	member has violated any provision of this subsection or for
107	other good cause.
108	(c)  If a member of the council does not meet the
109	requirements of this subsection, the President of the Senate or
110	the Speaker of the House of Representatives, as appropriate,
111	shall appoint a legislative replacement.
112	(3)  A majority of the membership of the council may
113	conduct any business before the council. All meetings and
114	proceedings of the council shall be staffed by the Office of
115	Legislative Services and shall be subject to the provisions of
116	ss. 119.07 and 286.011. Members of the council are entitled to
117	receive per diem and travel expenses as provided in s. 112.061,
118	which shall be funded by the Florida Public Service Regulatory
119	Trust Fund. Applicants invited for interviews before the council
120	may, in the discretion of the council, receive per diem and
121	travel expenses as provided in s. 112.061, which shall be funded
122	by the Florida Public Service Regulatory Trust Fund. The council
123	shall establish policies and procedures to govern the process by
124	which applicants are nominated.
125	(4)  The council may spend a nominal amount, not to exceed
126	$10,000, to advertise a vacancy on the council, which shall be
127	funded by the Florida Public Service Regulatory Trust Fund.
128	(5)(4)  A person may not be nominated to the Committee on
129	Public Service Commission Oversight Governor until the council
130	has determined that the person is competent and knowledgeable in
131	one or more fields, which shall include, but not be limited to:
132	public affairs, law, economics, accounting, engineering,
133	finance, natural resource conservation, energy, or another field
134	substantially related to the duties and functions of the
135	commission. The commission shall fairly represent the above-
136	stated fields. Recommendations of the council shall be
137	nonpartisan.
138	(6)(5)  It is the responsibility of the council to nominate
139	to the Committee on Public Service Commission Oversight Governor
140	not fewer than six three persons for each vacancy occurring on
141	the Public Service Commission. The council shall submit the
142	recommendations to the committee Governor by August 1 October 1
143	of those years in which the terms are to begin the following
144	January, or within 60 days after a vacancy occurs for any reason
145	other than the expiration of the term.
146	(7)(6)  The Committee on Public Service Commission
147	Oversight Governor shall select from the list of nominees
148	provided by the nominating council three or more nominees for
149	recommendation to the Governor for appointment to the
150	commission. The recommendations must be provided to the Governor
151	within 45 days after receipt of the list of nominees. The
152	Governor shall fill a vacancy occurring on the Public Service
153	Commission by appointment of one of the applicants nominated by
154	the committee council only after a background investigation of
155	such applicant has been conducted by the Florida Department of
156	Law Enforcement. If the Governor has not made an appointment
157	within 30 days after the receipt of the recommendation by
158	December 1 to fill a vacancy for a term to begin the following
159	January, then the committee council, by majority vote, shall
160	appoint, within 30 days after the expiration of the Governor's
161	time to make an appointment, by December 31 one person from the
162	applicants previously nominated to the Governor to fill the
163	vacancy. If the Governor has not made the appointment to fill a
164	vacancy occurring for any reason other than the expiration of
165	the term by the 60th day following receipt of the nominations of
166	the council, the council by majority vote shall appoint within
167	30 days thereafter one person from the applicants previously
168	nominated to the Governor to fill the vacancy.
169	(8)(7)  Each appointment to the Public Service Commission
170	shall be subject to confirmation by the Senate during the next
171	regular session after the vacancy occurs. If the Senate refuses
172	to confirm or rejects the Governor's appointment, the council
173	shall initiate, in accordance with this section, the nominating
174	process within 30 days.
175	Section 4.  Subsection (2) of section 350.041, Florida
176	Statutes, is amended to read:
177	350.041  Commissioners; standards of conduct.--
178	(2)  STANDARDS OF CONDUCT.--
179	(a)  A commissioner may not accept anything from any
180	business entity which, either directly or indirectly, owns or
181	controls any public utility regulated by the commission, from
182	any public utility regulated by the commission, or from any
183	business entity which, either directly or indirectly, is an
184	affiliate or subsidiary of any public utility regulated by the
185	commission. A commissioner may attend conferences and associated
186	meals and events that are generally available to all conference
187	participants without payment of any fees in addition to the
188	conference fee. Additionally, while attending a conference, a
189	commissioner may attend meetings, meals, or events that are not
190	sponsored, in whole or in part, by any representative of any
191	public utility regulated by the commission and that are limited
192	to commissioners only, committee members, or speakers if the
193	commissioner is a member of a committee of the association of
194	regulatory agencies that organized the conference or is a
195	speaker at the conference. It is not a violation of this
196	paragraph for a commissioner to attend a conference for which
197	conference participants who are employed by a utility regulated
198	by the commission have paid a higher conference registration fee
199	than the commissioner, or to attend a meal or event that is
200	generally available to all conference participants without
201	payment of any fees in addition to the conference fee and that
202	is sponsored, in whole or in part, by a utility regulated by the
203	commission. If, during the course of an investigation by the
204	Commission on Ethics into an alleged violation of this
205	paragraph, allegations are made as to the identity of the person
206	giving or providing the prohibited gift, that person must be
207	given notice and an opportunity to participate in the
208	investigation and relevant proceedings to present a defense. If
209	the Commission on Ethics determines that the person gave or
210	provided a prohibited gift, the person may not appear before the
211	commission or otherwise represent anyone before the commission
212	for a period of 2 years.
213	(b)  A commissioner may not accept any form of employment
214	with or engage in any business activity with any business entity
215	which, either directly or indirectly, owns or controls any
216	public utility regulated by the commission, any public utility
217	regulated by the commission, or any business entity which,
218	either directly or indirectly, is an affiliate or subsidiary of
219	any public utility regulated by the commission.
220	(c)  A commissioner may not have any financial interest,
221	other than shares in a mutual fund, in any public utility
222	regulated by the commission, in any business entity which,
223	either directly or indirectly, owns or controls any public
224	utility regulated by the commission, or in any business entity
225	which, either directly or indirectly, is an affiliate or
226	subsidiary of any public utility regulated by the commission. If
227	a commissioner acquires any financial interest prohibited by
228	this section during his or her term of office as a result of
229	events or actions beyond the commissioner's control, he or she
230	shall immediately sell such financial interest or place such
231	financial interest in a blind trust at a financial institution.
232	A commissioner may not attempt to influence, or exercise any
233	control over, decisions regarding the blind trust.
234	(d)  A commissioner may not accept anything from a party in
235	a proceeding currently pending before the commission. If, during
236	the course of an investigation by the Commission on Ethics into
237	an alleged violation of this paragraph, allegations are made as
238	to the identity of the person giving or providing the prohibited
239	gift, that person must be given notice and an opportunity to
240	participate in the investigation and relevant proceedings to
241	present a defense. If the Commission on Ethics determines that
242	the person gave or provided a prohibited gift, the person may
243	not appear before the commission or otherwise represent anyone
244	before the commission for a period of 2 years.
245	(e)  A commissioner may not serve as the representative of
246	any political party or on any executive committee or other
247	governing body of a political party; serve as an executive
248	officer or employee of any political party, committee,
249	organization, or association; receive remuneration for
250	activities on behalf of any candidate for public office; engage
251	on behalf of any candidate for public office in the solicitation
252	of votes or other activities on behalf of such candidacy; or
253	become a candidate for election to any public office without
254	first resigning from office.
255	(f)  A commissioner, during his or her term of office, may
256	not make any public comment regarding the merits of any
257	proceeding under ss. 120.569 and 120.57 currently pending before
258	the commission.
259	(g)  A commissioner may not conduct himself or herself in
260	an unprofessional manner at any time during the performance of
261	his or her official duties.
262	(h)  A commissioner must avoid impropriety in all of his or
263	her activities and must act at all times in a manner that
264	promotes public confidence in the integrity and impartiality of
265	the commission.
266	(i)  A commissioner may not directly or indirectly, through
267	staff or other means, solicit any thing of value from any public
268	utility regulated by the commission, or from any business entity
269	that, whether directly or indirectly, is an affiliate or
270	subsidiary of any public utility regulated by the commission, or
271	from any party appearing in a proceeding considered by the
272	commission in the last 2 years.
273	Section 5.  Subsection (7) of section 350.042, Florida
274	Statutes, is amended to read:
275	350.042  Ex parte communications.--
276	(7)(a)  It shall be the duty of the Commission on Ethics to
277	receive and investigate sworn complaints of violations of this
278	section pursuant to the procedures contained in ss. 112.322-
279	112.3241.
280	(b)  If the Commission on Ethics finds that there has been
281	a violation of this section by a public service commissioner, it
282	shall provide the Governor and the Florida Public Service
283	Commission Nominating Council with a report of its findings and
284	recommendations. The Governor is authorized to enforce the
285	findings and recommendations of the Commission on Ethics,
286	pursuant to part III of chapter 112.
287	(c)  If a commissioner fails or refuses to pay the
288	Commission on Ethics any civil penalties assessed pursuant to
289	the provisions of this section, the Commission on Ethics may
290	bring an action in any circuit court to enforce such penalty.
291	(d)  If, during the course of an investigation by the
292	Commission on Ethics into an alleged violation of this section,
293	allegations are made as to the identity of the person who
294	participated in the ex parte communication, that person must be
295	given notice and an opportunity to participate in the
296	investigation and relevant proceedings to present a defense. If
297	the Commission on Ethics determines that the person participated
298	in the ex parte communication, the person may not appear before
299	the commission or otherwise represent anyone before the
300	commission for a period of 2 years.
301	Section 6.  Subsection (1) of section 350.061, Florida
302	Statutes, is amended to read:
303	350.061  Public Counsel; appointment; oath; restrictions on
304	Public Counsel and his or her employees.--
305	(1)  The Committee on Public Service Commission Oversight
306	Joint Legislative Auditing Committee shall appoint a Public
307	Counsel by majority vote of the members of the committee to
308	represent the general public of Florida before the Florida
309	Public Service Commission. The Public Counsel shall be an
310	attorney admitted to practice before the Florida Supreme Court
311	and shall serve at the pleasure of the Joint Legislative
312	Auditing Committee on Public Service Commission Oversight,
313	subject to biennial annual reconfirmation by the committee. The
314	Public Counsel shall perform his or her duties independently.
315	Vacancies in the office shall be filled in the same manner as
316	the original appointment.
317	Section 7.  Subsection (2) of section 350.0614, Florida
318	Statutes, is amended to read:
319	350.0614  Public Counsel; compensation and expenses.--
320	(2)  The Legislature hereby declares and determines that
321	the Public Counsel is under the legislative branch of government
322	within the intention of the legislation as expressed in chapter
323	216, and no power shall be in the Executive Office of the
324	Governor or its successor to release or withhold funds
325	appropriated to it, but the same shall be available for
326	expenditure as provided by law and the rules or decisions of the
327	Joint Auditing Committee on Public Service Commission Oversight.
328	Section 8.  Communications services offered by governmental
329	entities.--
330	(1)  As used in this section, the term:
331	(a)  "Advanced service" means high-speed-Internet-access-
332	service capability in excess of 200 kilobits per second in the
333	upstream or the downstream direction, including any service
334	application provided over the high-speed-access service or any
335	information service as defined in 47 U.S.C. s. 153(20).
336	(b)  "Cable service" has the same meaning as in 47 U.S.C.
337	s. 522(6).
338	(c)  "Communications services" includes any "advanced
339	service," "cable service," or "telecommunications service" and
340	shall be construed in the broadest sense.
341	(d)  "Enterprise fund" means a separate fund to account for
342	the operation of communications services by a local government,
343	established and maintained in accordance with generally accepted
344	accounting principles as prescribed by the Governmental
345	Accounting Standards Board.
346	(e)  "Governmental entity" means any political subdivision
347	as defined in section 1.01, Florida Statutes, including any
348	county, municipality, special district, school district, utility
349	authority or other authority or any instrumentality, agency,
350	unit or department thereof. The term does not include an
351	independent special district created before 1970 which has been
352	granted express legislative authority to provide a
353	communications service and which does not sell a communications
354	service outside its district boundaries.
355	(f)  "Provide," "providing," "provision," or "provisioning"
356	means offering or supplying a communications service for a fee
357	or other consideration to a person, including any portion of the
358	public or private provider, but does not include service by an
359	entity to itself or to any governmental law enforcement agency
360	or governmental emergency services entity.
361	(g)  "Subscriber" means a person who receives a
362	communications service.
363	(h)  "Telecommunications services" means the transmission
364	of signs, signals, writing, images, sounds, messages, data, or
365	other information of the user's choosing, by wire, radio, light
366	waves, or other electromagnetic means, without change in the
367	form or content of the information as sent and received by the
368	user and regardless of the facilities used, including, without
369	limitation, wireless facilities.
370	(2)(a)  A governmental entity that proposes to provide a
371	communications service shall hold no less than two public
372	hearings, which shall be held not less than 30 days apart. At
373	least 30 days before the first of the two public hearings, the
374	governmental entity must give notice of the hearing in the
375	predominant newspaper of general circulation in the area
376	considered for service. At least 40 days before the first public
377	hearing, the governmental entity must electronically provide
378	notice to the Department of Revenue and the Public Service
379	Commission, which shall post the notice on the department's and
380	the commission's website to be available to the public. The
381	Department of Revenue shall also send the notice by United
382	States Postal Service to the known addresses for all dealers of
383	communications services registered with the department under
384	chapter 202, Florida Statutes, or provide an electronic
385	notification, if the means are available, within 10 days after
386	receiving the notice. The notice must include the time and place
387	of the hearings and must state that the purpose of the hearings
388	is to consider whether the governmental entity will provide
389	communications services. The notice must include, at a minimum,
390	the geographic areas proposed to be served by the governmental
391	entity and the services, if any, which the governmental entity
392	believes are not currently being adequately provided. The notice
393	must also state that any dealer who wishes to do so may appear
394	and be heard at the public hearings.
395	(b)  At a public hearing required by this subsection, a
396	governmental entity must, at a minimum, consider:
397	1.  Whether the service that is proposed to be provided is
398	currently being offered in the community and, if so, whether the
399	service is generally available throughout the community.
400	2.  Whether a similar service is currently being offered in
401	the community and, if so, whether the service is generally
402	available throughout the community.
403	3.  If the same or similar service is not currently
404	offered, whether any other service provider proposes to offer
405	the same or a similar service and, if so, what assurances that
406	service provider is willing or able to offer regarding the same
407	or similar service.
408	4.  The capital investment required by the government
409	entity to provide the communications service, the estimated
410	realistic cost of operation and maintenance and, using a full
411	cost-accounting method, the estimated realistic revenues and
412	expenses of providing the service and the proposed method of
413	financing.
414	5.  The private and public costs and benefits of providing
415	the service by a private entity or a governmental entity,
416	including the affect on existing and future jobs, actual
417	economic development prospects, tax-base growth, education, and
418	public health.
419	(c)  At one or more of the public hearings under this
420	subsection, the governmental entity must make available to the
421	public a written business plan for the proposed communications
422	service venture containing, at a minimum:
423	1.  The projected number of subscribers to be served by the
424	venture.
425	2.  The geographic area to be served by the venture.
426	3.  The types of communications services to be provided.
427	4.  A plan to ensure that revenues exceed operating
428	expenses and payment of principal and interest on debt within 4
429	years.
430	5.  Estimated capital and operational costs and revenues
431	for the first 4 years.
432	6.  Projected network modernization and technological
433	upgrade plans, including estimated costs.
434	(d)  After making specific findings regarding the factors
435	in paragraphs (b) and (c), the governmental entity may authorize
436	providing a communications service by a majority recorded vote
437	and by resolution, ordinance, or other formal means of adoption.
438	(e)  The governing body of a governmental entity may issue
439	one or more bonds to finance the capital costs for facilities to
440	provide a communications service. However:
441	1.  A governmental entity may only pledge revenues in
442	support of the issuance of any bond to finance providing a
443	communications service:
444	a.  Within the county in which the governmental entity is
445	located;
446	b.  Within an area in which the governmental entity
447	provides electric service outside its home county under an
448	electric service territorial agreement approved by the Public
449	Service Commission before the effective date of this act; or
450	c.  If the governmental entity is a municipality or special
451	district, within its corporate limits or in an area in which the
452	municipality or special district provides water, wastewater,
453	electric, or natural gas service, or within an urban service
454	area designated in a comprehensive plan, whichever is larger,
455	unless the municipality or special district obtains the consent
456	by formal action of the governmental entity within the
457	boundaries of which the municipality or special district
458	proposes to provide service. For consent to be effective, any
459	governmental entity from which consent is sought shall be
460	located within the county in which the governmental entity is
461	located or that county.
462	2.  Revenue bonds issued in order to finance providing a
463	communications service are not subject to the approval of the
464	electors if the revenue bonds mature within 15 years. Revenue
465	bonds issued to finance providing a communications service that
466	does not mature within 15 years must be approved by the
467	electors. The election must be conducted as specified in chapter
468	100, Florida Statutes.
469	(f)  A governmental entity providing a communications
470	service may not price any service below the cost of providing
471	the service by subsidizing the communications service with
472	moneys from rates paid by subscribers of a noncommunications
473	services utility or from any other revenues. The cost standard
474	for determining cross-subsidization is whether the total revenue
475	from the service is less than the total long-run incremental
476	cost of the service. Total long-run incremental cost means
477	service-specific volume and nonvolume-sensitive costs.
478	(g)  A governmental entity providing a communications
479	service must comply with the requirements of section 218.32,
480	Florida Statutes, and shall keep separate and accurate books and
481	records, maintained in accordance with generally accepted
482	accounting principles, of a governmental entity's communication
483	service, and they shall be made available for any audits of the
484	books and records conducted under applicable law. To facilitate
485	equitable distribution of indirect costs, a local government
486	shall develop and follow a cost-allocation plan, which is a
487	procedure for allocating direct and indirect costs and which is
488	generally developed in accordance with OMB Circular A-87, Cost
489	Principles for State, Local, and Indian Tribal Government,
490	published by the United States Office of Management and Budget.
491	(h)  The governmental entity shall establish an enterprise
492	fund to account for its operation of communications services.
493	(i)  The governmental entity shall adopt separate operating
494	and capital budgets for its communications services.
495	(j)  A governmental entity may not use its powers of
496	eminent domain under chapter 73, Florida Statutes, solely or
497	primarily for the purpose of providing a communications service.
498	(k)  The governmental entity shall conduct an annual review
499	at a formal public meeting to consider the progress the
500	governmental entity is making toward reaching its business plan
501	goals and objectives for providing communication services. At
502	the public meeting the governmental entity shall review the
503	related revenues, operating expenses, and payment of interest on
504	debt.
505	(l)  If, after 4 years following the initiation of the
506	provision of communications services by a governmental entity or
507	4 years after the effective date of this act, whichever is
508	later, revenues do not exceed operating expenses and payment of
509	principal and interest on the debt for a governmental entity's
510	provision of communications services, no later than 60 days
511	following the end of the 4-year period a governmental entity
512	shall hold a public hearing at which the governmental entity
513	shall do at least one of the following:
514	1.  Approve a plan to cease providing communications
515	services;
516	2.  Approve a plan to dispose of the system the
517	governmental entity is using to provide communications services
518	and, accordingly, to cease providing communications services;
519	3.  Approve a plan to create a partnership with a private
520	entity in order to achieve operations in which revenues exceed
521	operating expenses and payment of principal and interest on
522	debt; or
523	4.  Approve the continuing provision of communications
524	services by a majority vote of the governing body of the
525	governing authority.
526	(3)(a)  A governmental entity that provides a cable service
527	shall comply with the Cable Communications Policy Act of 1984,
528	47 U.S.C. 521, et seq., the regulations issued by the Federal
529	Communications Commission under the Cable Communications Policy
530	Act of 1984, 47 U.S.C. 521, et seq., and all applicable state
531	and federal rules and regulations, including, but not limited
532	to, section 166.046, Florida Statutes, and those provisions of
533	chapters 202, 212, and 337, Florida Statutes, which apply to a
534	provider of the services.
535	(b)  A governmental entity that provides a
536	telecommunications service or advanced service must comply, if
537	applicable, with chapter 364, Florida Statutes, and rules
538	adopted by the Public Service Commission; chapter 166, Florida
539	Statutes; and all applicable state and federal rules and
540	regulations, including, but not limited to, those provisions of
541	chapters 202, 212, and 337, Florida Statutes, which apply to a
542	provider of the services.
543	(c)  A governmental entity may not exercise its power or
544	authority in any area, including zoning or land use regulation,
545	to require any person, including residents of a particular
546	development, to use or subscribe to any communication service of
547	a governmental entity.
548	(d)  A governmental entity shall apply its ordinances,
549	rules, and policies, and exercise any authority under state or
550	federal laws, including, but not limited to, those relating to
551	the following subjects and without discrimination as to itself
552	when providing a communications service or to any private
553	provider of communications services:
554	1.  Access to public rights-of-way; and
555	2.  Permitting, access to, use of, and payment for use of
556	governmental entity-owned poles. The governmental entity is
557	subject to the same terms, conditions, and fees, if any, for
558	access to government-owned poles which the governmental entity
559	applies to a private provider for access.
560	(4)(a)  If a governmental entity was providing, as of April
561	1, 2005, advanced services, cable services, or
562	telecommunications services, then it is not required to comply
563	with paragraph (2)(a), paragraph (2)(b), paragraph (2)(c),
564	paragraph (2)(d), sub-subparagraph (2)(e)1.c., paragraph (2)(f),
565	or paragraph (2)(k) in order to continue to provide advanced
566	services, cable services, or telecommunications services,
567	respectively, but it must comply with and be subject to all
568	other provisions of this section.
569	(b)  If a governmental entity, as of April 1, 2005, had
570	issued debt pledging revenues from an advanced service, cable
571	service, or telecommunications service, then it is not required
572	to comply with paragraph (2)(a), paragraph (2)(b), paragraph
573	(2)(c), paragraph (2)(d), sub-subparagraph (2)(e)1.c., paragraph
574	(2)(f), or paragraph (2)(k) in order to provide advanced
575	services, cable services, or telecommunications services,
576	respectively, but it must comply with and be subject to all
577	other provisions of this section.
578	(c)  If a governmental entity, as of April 1, 2005, has
579	purchased equipment specifically for the provisioning of
580	advanced service, cable service, or telecommunication service,
581	and, as of May 6, 2005, has a population of less than 7500, and
582	has authorized by formal action the providing of an advanced
583	service, cable service, or telecommunication service, then it is
584	not required to comply with paragraph (2)(a), paragraph (2)(b),
585	paragraph (2)(c), paragraph (2)(d), sub-subparagraph (2)(e)1.c.,
586	paragraph (2)(f), or paragraph (2)(k) in order to provide
587	advanced service, cable service, or telecommunication service,
588	respectively, but it must comply with and be subject to all
589	other provisions of this section.
590
591	This subsection does not relieve a governmental entity from
592	complying with subsection (5).
593	(5)  Notwithstanding section 542.235, Florida Statutes, or
594	any other law, a governmental entity that provides a
595	communications service is subject to the same prohibitions
596	applicable to private providers under sections 542.18 and
597	542.19, Florida Statutes, as it relates to providing a
598	communications service. Nothing in this section confers state
599	action immunity, or any other antitrust immunity or exemption,
600	on any governmental entity providing communications services.
601	(6)  To ensure the safe and secure transportation of
602	passengers and freight through an airport facility, as defined
603	in section 159.27(17), Florida Statutes, an airport authority or
604	other governmental entity that provides or is proposing to
605	provide communications services only within the boundaries of
606	its airport layout plan, as defined in section 333.01(6),
607	Florida Statutes, to subscribers which are integral and
608	essential to the safe and secure transportation of passengers
609	and freight through the airport facility, is exempt from this
610	section. An airport authority or other governmental entity that
611	provides or is proposing to provide shared-tenant service under
612	section 364.339, Florida Statutes, but not dial tone enabling
613	subscribers to complete calls outside the airport layout plan,
614	to one or more subscribers within its airport layout plan which
615	are not integral and essential to the safe and secure
616	transportation of passengers and freight through the airport
617	facility is exempt from this section. An airport authority or
618	other governmental entity that provides or is proposing to
619	provide communications services to one or more subscribers
620	within its airport layout plan which are not integral and
621	essential to the safe and secure transportation of passengers
622	and freight through the airport facility, or to one or more
623	subscribers outside its airport layout plan, is not exempt from
624	this section. By way of example and not limitation, the
625	integral, essential subscribers may include airlines and
626	emergency service entities, and the nonintegral, nonessential
627	subscribers may include retail shops, restaurants, hotels, or
628	rental car companies.
629	(7)  This section does not alter or affect any provision in
630	the charter, code, or other governing authority of a
631	governmental entity that impose additional or different
632	requirements on provision of communications service by a
633	governmental entity. Any such provisions shall apply in addition
634	to the applicable provisions in this section.
635	Section 9.  Section 364.01, Florida Statutes, is amended to
636	read:
637	364.01  Powers of commission, legislative intent.--
638	(1)  The Florida Public Service Commission shall exercise
639	over and in relation to telecommunications companies the powers
640	conferred by this chapter.
641	(2)  It is the legislative intent to give exclusive
642	jurisdiction in all matters set forth in this chapter to the
643	Florida Public Service Commission in regulating
644	telecommunications companies, and such preemption shall
645	supersede any local or special act or municipal charter where
646	any conflict of authority may exist. However, the provisions of
647	this chapter shall not affect the authority and powers granted
648	in s. 166.231(9) or s. 337.401.
649	(3)  Communications activities that are not regulated by
650	the Florida Public Service Commission, including, but not
651	limited to, VoIP, wireless, and broadband, are subject to this
652	state's generally applicable business regulation and deceptive
653	trade practices and consumer protection laws, as enforced by the
654	appropriate state authority or through actions in the judicial
655	system. This chapter does not limit the availability to any
656	party of any remedy or defense under state or federal antitrust
657	laws. The Legislature finds that the competitive provision of
658	telecommunications services, including local exchange
659	telecommunications service, is in the public interest and will
660	provide customers with freedom of choice, encourage the
661	introduction of new telecommunications service, encourage
662	technological innovation, and encourage investment in
663	telecommunications infrastructure. The Legislature further finds
664	that the transition from the monopoly provision of local
665	exchange service to the competitive provision thereof will
666	require appropriate regulatory oversight to protect consumers
667	and provide for the development of fair and effective
668	competition, but nothing in this chapter shall limit the
669	availability to any party of any remedy under state or federal
670	antitrust laws. The Legislature further finds that changes in
671	regulations allowing increased competition in telecommunications
672	services could provide the occasion for increases in the
673	telecommunications workforce; therefore, it is in the public
674	interest that competition in telecommunications services lead to
675	a situation that enhances the high-technological skills and the
676	economic status of the telecommunications workforce. The
677	Legislature further finds that the provision of voice-over-
678	Internet protocol (VOIP) free of unnecessary regulation,
679	regardless of the provider, is in the public interest.
680	(4)  The commission shall exercise its exclusive
681	jurisdiction in order to:
682	(a)  Protect the public health, safety, and welfare by
683	ensuring that basic local telecommunications services are
684	available to all consumers in the state at reasonable and
685	affordable prices.
686	(b)  Encourage competition through flexible regulatory
687	treatment among providers of telecommunications services in
688	order to ensure the availability of the widest possible range of
689	consumer choice in the provision of all telecommunications
690	services.
691	(c)  Protect the public health, safety, and welfare by
692	ensuring that monopoly services provided by telecommunications
693	companies continue to be subject to effective price, rate, and
694	service regulation.
695	(d)  Promote competition by encouraging innovation and
696	investment in new entrants into telecommunications markets and
697	by allowing a transitional period in which new and emerging
698	technologies entrants are subject to a reduced lesser level of
699	regulatory oversight than local exchange telecommunications
700	companies.
701	(e)  Encourage all providers of telecommunications services
702	to introduce new or experimental telecommunications services
703	free of unnecessary regulatory restraints.
704	(f)  Eliminate any rules or and/or regulations which will
705	delay or impair the transition to competition.
706	(g)  Ensure that all providers of telecommunications
707	services are treated fairly, by preventing anticompetitive
708	behavior and eliminating unnecessary regulatory restraint.
709	(h)  Recognize the continuing emergence of a competitive
710	telecommunications environment through the flexible regulatory
711	treatment of competitive telecommunications services, where
712	appropriate, if doing so does not reduce the availability of
713	adequate basic local telecommunications service to all citizens
714	of the state at reasonable and affordable prices, if competitive
715	telecommunications services are not subsidized by monopoly
716	telecommunications services, and if all monopoly services are
717	available to all competitors on a nondiscriminatory basis.
718	(i)  Continue its historical role as a surrogate for
719	competition for monopoly services provided by local exchange
720	telecommunications companies.
721	Section 10.  Section 364.011, Florida Statutes, is created
722	to read:
723	364.011  Exemptions from commission jurisdiction.--The
724	following services are exempt from oversight by the commission,
725	except to the extent delineated in this chapter or specifically
726	authorized by federal law:
727	(1)  Intrastate interexchange telecommunications services.
728	(2)  Broadband services, regardless of the provider,
729	platform, or protocol.
730	(3)  VoIP.
731	(4)  Wireless telecommunications, including commercial
732	mobile radio service providers.
733	Section 11.  Section 364.012, Florida Statutes, is created
734	to read:
735	364.012  Consistency with federal law.--
736	(1)  In order to promote commission coordination with
737	federal policymakers and regulatory agencies, the commission
738	shall maintain continuous liaisons with appropriate federal
739	agencies whose policy decisions and rulemaking authority affect
740	those telecommunications companies over which the commission has
741	jurisdiction. The commission is encouraged to participate in the
742	proceedings of federal agencies in cases in which the state's
743	consumers may be affected and to convey the commission's policy
744	positions and information requirements in order to achieve
745	greater efficiency in regulation.
746	(2)  This chapter does not limit or modify the duties of a
747	local exchange carrier to provide unbundled access to network
748	elements or the commission's authority to arbitrate and enforce
749	interconnection agreements to the extent that those elements are
750	required under 47 U.S.C. ss. 251 and 252, and under any
751	regulations issued by the Federal Communications Commission at
752	rates determined in accordance with the standards established by
753	the Federal Communications Commission pursuant to 47 C.F.R. ss.
754	51.503-51.513, inclusive of any successor regulation or
755	successor forbearance of regulation.
756	Section 12.  Section 364.013, Florida Statutes, is created
757	to read:
758	364.013  Emerging and advanced services.--Broadband service
759	and the provision of voice-over-Internet-protocol (VoIP) shall
760	be free of state regulation, except as delineated in this
761	chapter or as specifically authorized by federal law, regardless
762	of the provider, platform, or protocol.
763	Section 13.  Section 364.02, Florida Statutes, is amended
764	to read:
765	364.02  Definitions.--As used in this chapter:
766	(1)  "Basic local telecommunications service" means voice-
767	grade, flat-rate residential, and flat-rate single-line business
768	local exchange services which provide dial tone, local usage
769	necessary to place unlimited calls within a local exchange area,
770	dual tone multifrequency dialing, and access to the following:
771	emergency services such as "911," all locally available
772	interexchange companies, directory assistance, operator
773	services, relay services, and an alphabetical directory listing.
774	For a local exchange telecommunications company, the such term
775	shall include any extended area service routes, and extended
776	calling service in existence or ordered by the commission on or
777	before July 1, 1995.
778	(2)  "Broadband service" means any service that consists of
779	or includes the offering of the capability to transmit or
780	receive information at a rate that is not less than 200 kilobits
781	per second and either:
782	(a)  Is used to provide access to the Internet; or
783	(b)  Provides computer processing, information storage,
784	information content, or protocol conversion in combination with
785	the service.
786
787	The definition of broadband service does not include any
788	intrastate telecommunications services that have been tariffed
789	with the commission on or before January 1, 2005.
790	(3)(2)  "Commercial mobile radio service provider" means a
791	commercial mobile radio service provider as defined by and
792	pursuant to 47 U.S.C. ss. 153(n) and 332(d).
793	(4)(3)  "Commission" means the Florida Public Service
794	Commission.
795	(5)(4)  "Competitive local exchange telecommunications
796	company" means any company certificated by the commission to
797	provide local exchange telecommunications services in this state
798	on or after July 1, 1995.
799	(6)(5)  "Corporation" includes a corporation, company,
800	association, or joint stock association.
801	(7)(6)  "Intrastate interexchange telecommunications
802	company" means any entity that provides intrastate interexchange
803	telecommunications services.
804	(8)(7)  "Local exchange telecommunications company" means
805	any company certificated by the commission to provide local
806	exchange telecommunications service in this state on or before
807	June 30, 1995.
808	(9)(8)  "Monopoly service" means a telecommunications
809	service for which there is no effective competition, either in
810	fact or by operation of law.
811	(10)(9)  "Nonbasic service" means any telecommunications
812	service provided by a local exchange telecommunications company
813	other than a basic local telecommunications service, a local
814	interconnection arrangement described in s. 364.16, or a network
815	access service described in s. 364.163.
816	(11)(10)  "Operator service" includes, but is not limited
817	to, billing or completion of third-party, person-to-person,
818	collect, or calling card or credit card calls through the use of
819	a live operator or automated equipment.
820	(12)(11)  "Operator service provider" means a person who
821	furnishes operator service through a call aggregator.
822	(13)(12)  "Service" is to be construed in its broadest and
823	most inclusive sense. The term "service" does not include
824	broadband service or voice-over-Internet protocol service for
825	purposes of regulation by the commission. Nothing herein shall
826	affect the rights and obligations of any entity related to the
827	payment of switched network access rates or other intercarrier
828	compensation, if any, related to voice-over-Internet protocol
829	service. Notwithstanding s. 364.013, and the exemption of
830	services pursuant to this subsection, the commission may
831	arbitrate, enforce, or approve interconnection agreements, and
832	resolve disputes as provided by 47 U.S.C. ss. 251 and 252, or
833	any other applicable federal law or regulation. With respect to
834	the services exempted in this subsection, regardless of the
835	technology, the duties of a local exchange telecommunications
836	company are only those that the company is obligated to extend
837	or provide under applicable federal law and regulations.
838	(14)(13)  "Telecommunications company" includes every
839	corporation, partnership, and person and their lessees,
840	trustees, or receivers appointed by any court whatsoever, and
841	every political subdivision in the state, offering two-way
842	telecommunications service to the public for hire within this
843	state by the use of a telecommunications facility. The term
844	"telecommunications company" does not include:
845	(a)  An entity which provides a telecommunications facility
846	exclusively to a certificated telecommunications company;
847	(b)  An entity which provides a telecommunications facility
848	exclusively to a company which is excluded from the definition
849	of a telecommunications company under this subsection;
850	(c)  A commercial mobile radio service provider;
851	(d)  A facsimile transmission service;
852	(e)  A private computer data network company not offering
853	service to the public for hire;
854	(f)  A cable television company providing cable service as
855	defined in 47 U.S.C. s. 522; or
856	(g)  An intrastate interexchange telecommunications
857	company.
858
859	However, each commercial mobile radio service provider and each
860	intrastate interexchange telecommunications company shall
861	continue to be liable for any taxes imposed under pursuant to
862	chapters 202, 203, and 212 and any fees assessed under pursuant
863	to ss. 364.025 and 364.336. Each intrastate interexchange
864	telecommunications company shall continue to be subject to ss.
865	364.04, 364.10(3)(a) and (d), 364.163, 364.285, 364.501,
866	364.603, and 364.604, shall provide the commission with such
867	current information as the commission deems necessary to contact
868	and communicate with the company, shall continue to pay
869	intrastate switched network access rates or other intercarrier
870	compensation to the local exchange telecommunications company or
871	the competitive local exchange telecommunications company for
872	the origination and termination of interexchange
873	telecommunications service, and shall reduce its intrastate long
874	distance toll rates in accordance with s. 364.163(2).
875	(15)(14)  "Telecommunications facility" includes real
876	estate, easements, apparatus, property, and routes used and
877	operated to provide two-way telecommunications service to the
878	public for hire within this state.
879	(16)  "VoIP" means the voice-over-Internet protocol as that
880	term is defined in federal law.
881	Section 14.  Section 364.0361, Florida Statutes, is amended
882	to read:
883	364.0361  Local government authority; nondiscriminatory
884	exercise.--A local government shall treat each
885	telecommunications company in a nondiscriminatory manner when
886	exercising its authority to grant franchises to a
887	telecommunications company or to otherwise establish conditions
888	or compensation for the use of rights-of-way or other public
889	property by a telecommunications company. A local government may
890	not directly or indirectly regulate the terms and conditions,
891	including, but not limited to, the operating systems,
892	qualifications, services, service quality, service territory,
893	and prices, applicable to or in connection with the provision of
894	any voice-over-Internet protocol, regardless of the platform,
895	provider, or protocol, broadband or information service. This
896	section does not relieve a provider from any obligations under
897	s. 166.046 or s. 337.401.
898	Section 15.  Section 364.10, Florida Statutes, is amended
899	to read:
900	364.10  Undue advantage to person or locality prohibited;
901	Lifeline service.--
902	(1)  A telecommunications company may not make or give any
903	undue or unreasonable preference or advantage to any person or
904	locality or subject any particular person or locality to any
905	undue or unreasonable prejudice or disadvantage in any respect
906	whatsoever.
907	(2)(a)  The prohibitions of subsection (1) notwithstanding,
908	an eligible telecommunications carrier a telecommunications
909	company serving as carrier of last resort shall provide a
910	Lifeline Assistance Plan to qualified residential subscribers,
911	as defined in a commission-approved tariff or price list, and a
912	preferential rate to eligible facilities as provided for in part
913	II. For the purposes of this section, the term "eligible
914	telecommunications carrier" means a telecommunications company,
915	as defined by s. 364.02, which is designated as an eligible
916	telecommunications carrier by the commission pursuant to 47
917	C.F.R. s. 54.201.
918	(b)  An eligible telecommunications carrier shall offer a
919	consumer who applies for or receives Lifeline service the option
920	of blocking all toll calls or, if technically capable, placing a
921	limit on the number of toll calls a consumer can make. The
922	eligible telecommunications carrier may not charge the consumer
923	an administrative charge or other additional fee for blocking
924	the service.
925	(c)  An eligible telecommunications carrier may not collect
926	a service deposit in order to initiate Lifeline service if the
927	qualifying low-income consumer voluntarily elects toll blocking
928	or toll limitation. If the qualifying low-income consumer elects
929	not to place toll blocking on the line, an eligible
930	telecommunications carrier may charge a service deposit.
931	(d)  An eligible telecommunications carrier may not charge
932	Lifeline subscribers a monthly number-portability charge.
933	(e)1.  An eligible telecommunications carrier must notify a
934	Lifeline subscriber of impending termination of Lifeline service
935	if the company has a reasonable basis for believing that the
936	subscriber no longer qualifies. Notification of pending
937	termination must be in the form of a letter that is separate
938	from the subscriber's bill.
939	2.  An eligible telecommunications carrier shall allow a
940	subscriber 60 days following the date of the pending termination
941	letter to demonstrate continued eligibility. The subscriber must
942	present proof of continued eligibility. An eligible
943	telecommunications carrier may transfer a subscriber off of
944	Lifeline service, pursuant to its tariff, if the subscriber
945	fails to demonstrate continued eligibility.
946	3.  The commission shall establish procedures for such
947	notification and termination.
948	(f)  An eligible telecommunications carrier shall timely
949	credit a consumer's bill with the Lifeline Assistance credit as
950	soon as practicable, but no later than 60 days following receipt
951	of notice of eligibility from the Office of Public Counsel or
952	proof of eligibility from the consumer.
953	(3)(a)  Effective September 1, 2003, any local exchange
954	telecommunications company authorized by the commission to
955	reduce its switched network access rate pursuant to s. 364.164
956	shall have tariffed and shall provide Lifeline service to any
957	otherwise eligible customer or potential customer who meets an
958	income eligibility test at 135 125 percent or less of the
959	federal poverty income guidelines for Lifeline customers. Such a
960	test for eligibility must augment, rather than replace, the
961	eligibility standards established by federal law and based on
962	participation in certain low-income assistance programs. Each
963	intrastate interexchange telecommunications company shall,
964	effective September 1, 2003, file a tariff providing at a
965	minimum the intrastate interexchange telecommunications
966	carrier's current Lifeline benefits and exemptions to Lifeline
967	customers who meet the income eligibility test set forth in this
968	subsection. The Office of Public Counsel shall certify and
969	maintain claims submitted by a customer for eligibility under
970	the income test authorized by this subsection.
971	(b)  Each eligible telecommunications carrier local
972	exchange telecommunications company subject to this subsection
973	shall provide to each state and federal agency providing
974	benefits to persons eligible for Lifeline service applications,
975	brochures, pamphlets, or other materials that inform the such
976	persons of their eligibility for Lifeline, and each state agency
977	providing the such benefits shall furnish the materials to
978	affected persons at the time they apply for benefits.
979	(c)  Any local exchange telecommunications company customer
980	receiving Lifeline benefits shall not be subject to any
981	residential basic local telecommunications service rate
982	increases authorized by s. 364.164 until the local exchange
983	telecommunications company reaches parity as defined in s.
984	364.164(5) or until the customer no longer qualifies for the
985	Lifeline benefits established by this section or s. 364.105, or
986	unless otherwise determined by the commission upon petition by a
987	local exchange telecommunications company.
988	(d)  An eligible telecommunications carrier may not
989	discontinue basic local exchange telephone service to a
990	subscriber who receives Lifeline service because of nonpayment
991	by the subscriber of charges for nonbasic services billed by the
992	telecommunications company, including long-distance service. A
993	subscriber who receives Lifeline service shall be required to
994	pay all applicable basic local exchange service fees, including
995	the subscriber line charge, E-911, telephone relay system
996	charges, and applicable state and federal taxes.
997	(e)  An eligible telecommunications carrier may not refuse
998	to connect, reconnect, or provide Lifeline service because of
999	unpaid toll charges or nonbasic charges other than basic local
1000	exchange service.
1001	(f)  An eligible telecommunications carrier may require
1002	that payment arrangements be made for outstanding debt
1003	associated with basic local exchange service, subscriber line
1004	charges, E-911, telephone relay system charges, and applicable
1005	state and federal taxes.
1006	(g)  An eligible telecommunications carrier may block a
1007	Lifeline service subscriber's access to all long-distance
1008	service, except for toll-free numbers, and may block the ability
1009	to accept collect calls when the subscriber owes an outstanding
1010	amount for long-distance service or amounts resulting from
1011	collect calls. However, the eligible telecommunications carrier
1012	may not impose a charge for blocking long-distance service. The
1013	eligible telecommunications carrier shall remove the block at
1014	the request of the subscriber without additional cost to the
1015	subscriber upon payment of the outstanding amount. An eligible
1016	telecommunications carrier may charge a service deposit before
1017	removing the block.
1018	(h)(d)  By December 31, 2003, each state agency that
1019	provides benefits to persons eligible for Lifeline service shall
1020	undertake, in cooperation with the Department of Children and
1021	Family Services, the Department of Education, the commission,
1022	the Office of Public Counsel, and telecommunications companies
1023	providing Lifeline services, the development of procedures to
1024	promote Lifeline participation.
1025	(i)(e)  The commission shall report to the Governor, the
1026	President of the Senate, and the Speaker of the House of
1027	Representatives by December 31 each year on the number of
1028	customers who are subscribing to Lifeline service and the
1029	effectiveness of any procedures to promote participation.
1030	(j)  The commission shall adopt rules to administer this
1031	section.
1032	Section 16.  Section 364.502, Florida Statutes, is
1033	repealed.
1034	Section 17.  Subsection (1) of section 364.335, Florida
1035	Statutes, is amended to read:
1036	364.335  Application for certificate.--
1037	(1)  Each applicant for a certificate shall:
1038	(a)  Provide all information required by rule or order of
1039	the commission, which may include a detailed inquiry into the
1040	ability of the applicant to provide service, a detailed inquiry
1041	into the territory and facilities involved, and a detailed
1042	inquiry into the existence of service from other sources within
1043	geographical proximity to the territory applied for.
1044	(b)  File with the commission schedules showing all rates
1045	for service of every kind furnished by it and all rules and
1046	contracts relating to such service.
1047	(c)  File the application fee required by the commission in
1048	an amount not to exceed $500 $250. Such fees shall be deposited
1049	in accordance with s. 350.113.
1050	(d)  Submit an affidavit that the applicant has caused
1051	notice of its application to be given to such persons and in
1052	such manner as may be prescribed by commission rule.
1053	Section 18.  Section 364.336, Florida Statutes, is amended
1054	to read:
1055	364.336  Regulatory assessment fees.--Notwithstanding any
1056	provisions of law to the contrary, each telecommunications
1057	company licensed or operating under this chapter, for any part
1058	of the preceding 6-month period, shall pay to the commission,
1059	within 30 days following the end of each 6-month period, a fee
1060	that may not exceed 0.25 percent annually of its gross operating
1061	revenues derived from intrastate business, except, for purposes
1062	of this section and the fee specified in s. 350.113(3), any
1063	amount paid to another telecommunications company for the use of
1064	any telecommunications network shall be deducted from the gross
1065	operating revenue for purposes of computing the fee due. The
1066	commission shall by rule assess a minimum fee in an amount up to
1067	$1,000. The minimum amount may vary depending on the type of
1068	service provided by the telecommunications company, and shall,
1069	to the extent practicable, be related to the cost of regulating
1070	such type of company. Differences, if any, between the amount
1071	paid in any 6-month period and the amount actually determined by
1072	the commission to be due shall, upon motion by the commission,
1073	be immediately paid or refunded. Fees under this section may not
1074	be less than $50 annually. Such fees shall be deposited in
1075	accordance with s. 350.113. The commission may by rule establish
1076	criteria for payment of the regulatory assessment fee on an
1077	annual basis rather than on a semiannual basis.
1078	Section 19.  Subsection (6) of section 196.012, Florida
1079	Statutes, is amended to read:
1080	196.012  Definitions.--For the purpose of this chapter, the
1081	following terms are defined as follows, except where the context
1082	clearly indicates otherwise:
1083	(6)  Governmental, municipal, or public purpose or function
1084	shall be deemed to be served or performed when the lessee under
1085	any leasehold interest created in property of the United States,
1086	the state or any of its political subdivisions, or any
1087	municipality, agency, special district, authority, or other
1088	public body corporate of the state is demonstrated to perform a
1089	function or serve a governmental purpose which could properly be
1090	performed or served by an appropriate governmental unit or which
1091	is demonstrated to perform a function or serve a purpose which
1092	would otherwise be a valid subject for the allocation of public
1093	funds. For purposes of the preceding sentence, an activity
1094	undertaken by a lessee which is permitted under the terms of its
1095	lease of real property designated as an aviation area on an
1096	airport layout plan which has been approved by the Federal
1097	Aviation Administration and which real property is used for the
1098	administration, operation, business offices and activities
1099	related specifically thereto in connection with the conduct of
1100	an aircraft full service fixed base operation which provides
1101	goods and services to the general aviation public in the
1102	promotion of air commerce shall be deemed an activity which
1103	serves a governmental, municipal, or public purpose or function.
1104	Any activity undertaken by a lessee which is permitted under the
1105	terms of its lease of real property designated as a public
1106	airport as defined in s. 332.004(14) by municipalities,
1107	agencies, special districts, authorities, or other public bodies
1108	corporate and public bodies politic of the state, a spaceport as
1109	defined in s. 331.303(19), or which is located in a deepwater
1110	port identified in s. 403.021(9)(b) and owned by one of the
1111	foregoing governmental units, subject to a leasehold or other
1112	possessory interest of a nongovernmental lessee that is deemed
1113	to perform an aviation, airport, aerospace, maritime, or port
1114	purpose or operation shall be deemed an activity that serves a
1115	governmental, municipal, or public purpose. The use by a lessee,
1116	licensee, or management company of real property or a portion
1117	thereof as a convention center, visitor center, sports facility
1118	with permanent seating, concert hall, arena, stadium, park, or
1119	beach is deemed a use that serves a governmental, municipal, or
1120	public purpose or function when access to the property is open
1121	to the general public with or without a charge for admission. If
1122	property deeded to a municipality by the United States is
1123	subject to a requirement that the Federal Government, through a
1124	schedule established by the Secretary of the Interior, determine
1125	that the property is being maintained for public historic
1126	preservation, park, or recreational purposes and if those
1127	conditions are not met the property will revert back to the
1128	Federal Government, then such property shall be deemed to serve
1129	a municipal or public purpose. The term "governmental purpose"
1130	also includes a direct use of property on federal lands in
1131	connection with the Federal Government's Space Exploration
1132	Program or spaceport activities as defined in s. 212.02(22).
1133	Real property and tangible personal property owned by the
1134	Federal Government or the Florida Space Authority and used for
1135	defense and space exploration purposes or which is put to a use
1136	in support thereof shall be deemed to perform an essential
1137	national governmental purpose and shall be exempt. "Owned by the
1138	lessee" as used in this chapter does not include personal
1139	property, buildings, or other real property improvements used
1140	for the administration, operation, business offices and
1141	activities related specifically thereto in connection with the
1142	conduct of an aircraft full service fixed based operation which
1143	provides goods and services to the general aviation public in
1144	the promotion of air commerce provided that the real property is
1145	designated as an aviation area on an airport layout plan
1146	approved by the Federal Aviation Administration. For purposes of
1147	determination of "ownership," buildings and other real property
1148	improvements which will revert to the airport authority or other
1149	governmental unit upon expiration of the term of the lease shall
1150	be deemed "owned" by the governmental unit and not the lessee.
1151	Providing two-way telecommunications services to the public for
1152	hire by the use of a telecommunications facility, as defined in
1153	s. 364.02(15) s.364.02(14), and for which a certificate is
1154	required under chapter 364 does not constitute an exempt use for
1155	purposes of s. 196.199, unless the telecommunications services
1156	are provided by the operator of a public-use airport, as defined
1157	in s. 332.004, for the operator's provision of
1158	telecommunications services for the airport or its tenants,
1159	concessionaires, or licensees, or unless the telecommunications
1160	services are provided by a public hospital. However, property
1161	that is being used to provide such telecommunications services
1162	on or before October 1, 1997, shall remain exempt, but such
1163	exemption expires October 1, 2004.
1164	Section 20.  Paragraph (b) of subsection (1) of section
1165	199.183, Florida Statutes, is amended to read:
1166	199.183  Taxpayers exempt from annual and nonrecurring
1167	taxes.--
1168	(1)  Intangible personal property owned by this state or
1169	any of its political subdivisions or municipalities shall be
1170	exempt from taxation under this chapter. This exemption does not
1171	apply to:
1172	(b)  Property related to the provision of two-way
1173	telecommunications services to the public for hire by the use of
1174	a telecommunications facility, as defined in s. 364.02(15) s.
1175	364.02(14), and for which a certificate is required under
1176	chapter 364, when the such service is provided by any county,
1177	municipality, or other political subdivision of the state. Any
1178	immunity of any political subdivision of the state or other
1179	entity of local government from taxation of the property used to
1180	provide telecommunication services that is taxed as a result of
1181	this paragraph is hereby waived. However, intangible personal
1182	property related to the provision of such telecommunications
1183	services provided by the operator of a public-use airport, as
1184	defined in s. 332.004, for the operator's provision of
1185	telecommunications services for the airport or its tenants,
1186	concessionaires, or licensees, and intangible personal property
1187	related to the provision of such telecommunications services
1188	provided by a public hospital, are exempt from taxation under
1189	this chapter.
1190	Section 21.  Subsection (6) of section 212.08, Florida
1191	Statutes, is amended to read:
1192	212.08  Sales, rental, use, consumption, distribution, and
1193	storage tax; specified exemptions.--The sale at retail, the
1194	rental, the use, the consumption, the distribution, and the
1195	storage to be used or consumed in this state of the following
1196	are hereby specifically exempt from the tax imposed by this
1197	chapter.
1198	(6)  EXEMPTIONS; POLITICAL SUBDIVISIONS.--There are also
1199	exempt from the tax imposed by this chapter sales made to the
1200	United States Government, a state, or any county, municipality,
1201	or political subdivision of a state when payment is made
1202	directly to the dealer by the governmental entity. This
1203	exemption shall not inure to any transaction otherwise taxable
1204	under this chapter when payment is made by a government employee
1205	by any means, including, but not limited to, cash, check, or
1206	credit card when that employee is subsequently reimbursed by the
1207	governmental entity. This exemption does not include sales of
1208	tangible personal property made to contractors employed either
1209	directly or as agents of any such government or political
1210	subdivision thereof when such tangible personal property goes
1211	into or becomes a part of public works owned by such government
1212	or political subdivision. A determination whether a particular
1213	transaction is properly characterized as an exempt sale to a
1214	government entity or a taxable sale to a contractor shall be
1215	based on the substance of the transaction rather than the form
1216	in which the transaction is cast. The department shall adopt
1217	rules that give special consideration to factors that govern the
1218	status of the tangible personal property before its affixation
1219	to real property. In developing these rules, assumption of the
1220	risk of damage or loss is of paramount consideration in the
1221	determination. This exemption does not include sales, rental,
1222	use, consumption, or storage for use in any political
1223	subdivision or municipality in this state of machines and
1224	equipment and parts and accessories therefor used in the
1225	generation, transmission, or distribution of electrical energy
1226	by systems owned and operated by a political subdivision in this
1227	state for transmission or distribution expansion. Likewise
1228	exempt are charges for services rendered by radio and television
1229	stations, including line charges, talent fees, or license fees
1230	and charges for films, videotapes, and transcriptions used in
1231	producing radio or television broadcasts. The exemption provided
1232	in this subsection does not include sales, rental, use,
1233	consumption, or storage for use in any political subdivision or
1234	municipality in this state of machines and equipment and parts
1235	and accessories therefor used in providing two-way
1236	telecommunications services to the public for hire by the use of
1237	a telecommunications facility, as defined in s. 364.02(15) s.
1238	364.02(14), and for which a certificate is required under
1239	chapter 364, which facility is owned and operated by any county,
1240	municipality, or other political subdivision of the state. Any
1241	immunity of any political subdivision of the state or other
1242	entity of local government from taxation of the property used to
1243	provide telecommunication services that is taxed as a result of
1244	this section is hereby waived. However, the exemption provided
1245	in this subsection includes transactions taxable under this
1246	chapter which are for use by the operator of a public-use
1247	airport, as defined in s. 332.004, in providing such
1248	telecommunications services for the airport or its tenants,
1249	concessionaires, or licensees, or which are for use by a public
1250	hospital for the provision of such telecommunications services.
1251	Section 22.  Subsection (8) of section 290.007, Florida
1252	Statutes, is amended to read:
1253	290.007  State incentives available in enterprise zones.--
1254	The following incentives are provided by the state to encourage
1255	the revitalization of enterprise zones:
1256	(8)  Notwithstanding any law to the contrary, the Public
1257	Service Commission may allow public utilities and
1258	telecommunications companies to grant discounts of up to 50
1259	percent on tariffed rates for services to small businesses
1260	located in an enterprise zone designated pursuant to s.
1261	290.0065. Such discounts may be granted for a period not to
1262	exceed 5 years. For purposes of this subsection, the term
1263	"public utility" has the same meaning as in s. 366.02(1) and the
1264	term "telecommunications company" has the same meaning as in s.
1265	364.02(14) s. 364.02(13).
1266	Section 23.  Subsection (3) of section 350.0605, Florida
1267	Statutes, is amended to read:
1268	350.0605  Former commissioners and employees;
1269	representation of clients before commission.--
1270	(3)  For a period of 2 years following termination of
1271	service on the commission, a former member may not accept
1272	employment by or compensation from a business entity which,
1273	directly or indirectly, owns or controls a public utility
1274	regulated by the commission, from a public utility regulated by
1275	the commission, from a business entity which, directly or
1276	indirectly, is an affiliate or subsidiary of a public utility
1277	regulated by the commission or is an actual business competitor
1278	of a local exchange company or public utility regulated by the
1279	commission and is otherwise exempt from regulation by the
1280	commission under ss. 364.02(14) 364.02(13) and 366.02(1), or
1281	from a business entity or trade association that has been a
1282	party to a commission proceeding within the 2 years preceding
1283	the member's termination of service on the commission. This
1284	subsection applies only to members of the Florida Public Service
1285	Commission who are appointed or reappointed after May 10, 1993.
1286	Section 24.  Subsection (4) of section 364.602, Florida
1287	Statutes, is amended to read:
1288	364.602  Definitions.--For purposes of this part:
1289	(4)  "Originating party" means any person, firm,
1290	corporation, or other entity, including a telecommunications
1291	company or a billing clearinghouse, that provides any
1292	telecommunications service or information service to a customer
1293	or bills a customer through a billing party, except the term
1294	"originating party" does not include any entity specifically
1295	exempted from the definition of "telecommunications company" as
1296	provided in s. 364.02(14) s. 364.02(13).
1297	Section 25.  Subsection (5) of section 489.103, Florida
1298	Statutes, is amended to read:
1299	489.103  Exemptions.--This part does not apply to:
1300	(5)  Public utilities, including special gas districts as
1301	defined in chapter 189, telecommunications companies as defined
1302	in s. 364.02(14) s. 364.02(13), and natural gas transmission
1303	companies as defined in s. 368.103(4), on construction,
1304	maintenance, and development work performed by their employees,
1305	which work, including, but not limited to, work on bridges,
1306	roads, streets, highways, or railroads, is incidental to their
1307	business. The board shall define, by rule, the term "incidental
1308	to their business" for purposes of this subsection.
1309	Section 26.  This act may not be construed to limit the
1310	rights of local government or the duties of providers of cable
1311	service to comply with any and all requirements of federal,
1312	state, or local law, including, but not limited to, 47 U.S.C.
1313	s.541, s. 166.046, and s. 337.401.
1314	Section 27.  Subsection (4) of section 364.051, Florida
1315	Statutes, is amended to read:
1316	364.051  Price regulation.--
1317	(4)(a)  Notwithstanding the provisions of subsection (2),
1318	any local exchange telecommunications company that believes
1319	circumstances have changed substantially to justify any increase
1320	in the rates for basic local telecommunications services may
1321	petition the commission for a rate increase, but the commission
1322	shall grant the such petition only after an opportunity for a
1323	hearing and a compelling showing of changed circumstances. The
1324	costs and expenses of any government program or project required
1325	in part II may shall not be recovered under this subsection
1326	unless the such costs and expenses are incurred in the absence
1327	of a bid and subject to carrier-of-last-resort obligations as
1328	provided for in part II. The commission shall act upon the any
1329	such petition within 120 days after of its filing.
1330	(b)  For purposes of this section, evidence of damage
1331	occurring to the lines, plants, or facilities of a local
1332	exchange telecommunications company that is subject to the
1333	carrier-of-last-resort obligations, which damage is the result
1334	of a tropical system occurring after June 1, 2005, and named by
1335	the National Hurricane Center, constitutes a compelling showing
1336	of changed circumstances.
1337	1.  A company may file a petition to recover its intrastate
1338	costs and expenses relating to repairing, restoring, or
1339	replacing the lines, plants, or facilities damaged by a named
1340	tropical system.
1341	2.  The commission shall verify the intrastate costs and
1342	expenses submitted by the company in support of its petition.
1343	3.  The company must show and the commission shall
1344	determine whether the intrastate costs and expenses are
1345	reasonable under the circumstances for the named tropical
1346	system.
1347	4.  A company having a storm-reserve fund may recover
1348	tropical-system-related costs and expenses from its customers
1349	only in excess of any amount available in the storm-reserve
1350	fund.
1351	5.  The commission may determine the amount of any increase
1352	that the company may charge its customers, but the charge per
1353	line item may not exceed 50 cents per month per customer line
1354	for a period of not more than 12 months.
1355	6.  The commission may order the company to add an equal
1356	line-item charge per access line to the billing statement of the
1357	company's retail basic local telecommunications service
1358	customers, its retail nonbasic telecommunications service
1359	customers, and, to the extent the commission determines
1360	appropriate, its wholesale loop unbundled network element
1361	customers. At the end of the collection period, the commission
1362	shall verify that the collected amount does not exceed the
1363	amount authorized by the order. If collections exceed the
1364	ordered amount, the commission shall order the company to refund
1365	the excess.
1366	7.  In order to qualify for filing a petition under this
1367	paragraph, a company with one million or more access lines, but
1368	fewer than three million access lines, must have tropical-
1369	system-related costs and expenses exceeding $1.5 million, and a
1370	company with three million or more access lines must have
1371	tropical-system-related costs and expenses of $5 million or
1372	more. A company with fewer than one million access lines is not
1373	required to meet a minimum damage threshold in order to qualify
1374	to file a petition under this paragraph.
1375	8.  A company may file only one petition for storm recovery
1376	in any 12-month period for the previous storm season, but the
1377	application may cover damages from more than one named tropical
1378	system.
1379
1380	This paragraph is not intended to adversely affect the
1381	commission's consideration of any petition for an increase in
1382	basic rates to recover costs related to storm damage which was
1383	filed before the effective date of this act.
1384	Section 28.  If any provision of this act or its
1385	application to any person or circumstance is held invalid, the
1386	invalidity does not affect other provisions or applications of
1387	the act which can be given effect without the invalid provision
1388	or application, and to this end the provisions of this act are
1389	severable.
1390	Section 29.  This act shall take effect upon becoming a
1391	law.
1392
1393	================= T I T L E  A M E N D M E N T =================
1394	Remove the entire title and insert:
1395	A bill to be entitled
1396	An act relating to regulation of communications; creating
1397	the Committee on Public Service Commission Oversight as a
1398	standing joint committee of the Legislature; providing for
1399	its membership, powers, and duties; amending s. 350.001,
1400	F.S.; requiring that the commission perform its duties
1401	independently; amending s. 350.031, F.S.; authorizing the
1402	Florida Public Service Commission Nominating Council to
1403	make expenditures to advertise a vacancy on the council or
1404	the commission; requiring that the Committee on Public
1405	Service Commission Oversight provide nominees for
1406	recommendation to the Governor for appointment to the
1407	Public Service Commission; providing procedures; amending
1408	s. 350.041, F.S.; clarifying the prohibition against
1409	accepting gifts with respect to its application to
1410	commissioners attending conferences; requiring that a
1411	penalty be imposed against a person who gives a
1412	commissioner a prohibited gift; requiring that
1413	commissioners avoid impropriety and act in a manner that
1414	promotes confidence in the commission; prohibiting a
1415	commissioner from soliciting any thing of value, either
1416	directly or indirectly, from any public utility, its
1417	affiliate, or any party; amending s. 350.042, F.S.;
1418	requiring that a penalty be imposed against a person
1419	involved in a prohibited ex parte communication with a
1420	commissioner; amending s. 350.061, F.S.; requiring that
1421	the Committee on Public Service Commission Oversight
1422	rather than the Joint Legislative Auditing Committee
1423	appoint the Public Counsel; providing for biennial
1424	reconfirmation rather than annual; requiring that the
1425	Public Counsel perform his or her duties independently;
1426	amending s. 350.0614, F.S.; requiring that the Committee
1427	on Public Service Commission Oversight rather than the
1428	Joint Legislative Auditing Committee oversee expenditures
1429	of the Public Counsel; providing definitions; providing
1430	for notice of public hearings to consider whether the
1431	local government will provide a communications service;
1432	requiring a governmental entity to take certain action
1433	before a communications service is provided; providing
1434	certain restrictions on revenue bonds to finance
1435	provisioning of communications services; requiring a local
1436	government to make available a written business plan;
1437	providing criteria for the business plan; setting pricing
1438	standards; providing for accounting and books and records;
1439	requiring the governmental entity to establish an
1440	enterprise fund; requiring the governmental entity to
1441	maintain separate operating and capital budgets; limiting
1442	the use of eminent-domain powers; requiring a governmental
1443	entity to hold a public hearing to consider certain
1444	factors if the business plan goals are not met; requiring
1445	compliance with certain federal and state laws; requiring
1446	local government to treat itself the same as it treats
1447	other providers of similar communications services;
1448	exempting certain governmental entities from specified
1449	provisions of the act; requiring a local government
1450	provider of communications services to follow the same
1451	prohibitions as other providers of the same services;
1452	providing an exemption for airports under certain
1453	conditions; recognizing preemption of a charter, code, or
1454	other governmental authority; providing for severability;
1455	repealing s. 364.502, F.S., which provides for regulation
1456	of video programming; amending s. 364.01, F.S.; specifying
1457	the exclusive jurisdiction of the Florida Public Service
1458	Commission to regulate telecommunications companies;
1459	providing that state laws governing business and consumer
1460	protection be applied to communications activities that
1461	are not regulated by the commission; revising provisions
1462	governing the exclusive jurisdiction of the commission;
1463	creating s. 364.011, F.S.; specifying certain services
1464	that are exempt from oversight by the commission; creating
1465	s. 364.012, F.S.; requiring the commission to coordinate
1466	with federal agencies; providing that ch. 364, F.S., does
1467	not limit or modify certain duties of a local exchange
1468	carrier; creating s. 364.013, F.S.; requiring that
1469	broadband service remain free of state and local
1470	regulation; requiring that voice-over-Internet protocol
1471	remain free of regulation, except as specifically provided
1472	in ch. 364, F.S., or by federal law; amending s. 364.02,
1473	F.S.; defining the terms "broadband service" and "VoIP";
1474	redefining the term "service"; amending s. 364.0361, F.S.;
1475	prohibiting a local government from regulating voice-over-
1476	Internet protocol regardless of the platform or provider;
1477	amending s. 364.10, F.S.; transferring applicability from
1478	telecommunications companies serving as carriers of last
1479	resort to eligible telecommunications carriers; defining
1480	the term "eligible telecommunications carrier"; providing
1481	requirements for eligible telecommunications carriers;
1482	requiring the Public Service Commission to establish
1483	procedures for notification and termination of the
1484	Lifeline Assistance credit; providing criteria for
1485	connection, reconnection, and discontinuation of basic
1486	local telecommunications service for Lifeline Assistance
1487	subscribers; providing criteria for blocking access to
1488	long-distance service; adding the Department of Education
1489	and the Office of Public Counsel to those agencies that
1490	are directed to cooperate in developing procedures for
1491	promoting Lifeline participation; requiring the commission
1492	to adopt rules; repealing s. 364.502, F.S., relating to
1493	video programming services; amending s. 364.335, F.S.;
1494	increasing to $500 from $250 the maximum allowable filing
1495	fee for certification of telecommunications carriers;
1496	amending s. 364.336, F.S.; authorizing the Public Service
1497	Commission to establish a minimum fee of up to $1,000;
1498	authorizing different fees for different types of services
1499	provided by telecommunications companies; amending ss.
1500	196.012, 199.183, 212.08, 290.007, 350.0605, 364.602, and
1501	489.103, F.S.; conforming cross-references; providing
1502	clarification of rights of local governments and duties of
1503	cable service providers to comply with certain laws and
1504	regulations; amending s. 364.051, F.S.; providing that
1505	damage to the equipment and facilities of a local exchange
1506	telecommunications as a result of a named tropical system
1507	constitutes a compelling showing of changed circumstances
1508	to justify a rate increase; allowing such companies to
1509	petition for recovery of such costs and expenses;
1510	requiring the Public Service Commission to verify the
1511	intrastate costs and expenses for repairing, restoring, or
1512	replacing damaged lines, plants, or facilities; requiring
1513	the commission to determine whether the intrastate costs
1514	and expenses are reasonable; requiring a company to
1515	exhaust any storm-reserve funds prior to recovery from
1516	customers; providing that the commission may authorize
1517	adding an equal line-item charge per access line for
1518	certain customers; providing for a rate cap and providing
1519	the maximum number of months the rate may be imposed;
1520	providing a 12-month limit for the application; allowing
1521	recovery for more than one storm within the limit;
1522	providing for severability; providing an effective date.

CODING: Words stricken are deletions; words underlined are additions.