HB 1325

1	A bill to be entitled
2	An act relating to governmental authority in communication
3	services; creating the Governmental Authority Provision
4	for Communication Services Act; providing definitions;
5	authorizing governmental authorities to provide
6	communication services in certain circumstances; providing
7	requirements for the provision of communication services;
8	requiring a referendum for the provision of such services;
9	requiring regulatory compliance by governmental
10	authorities and service providers; providing for the use
11	of certain structures and facilities; authorizing
12	governmental authorities to secure funding for certain
13	costs; providing for the payment of taxes on certain
14	acquired entities; providing severability; providing an
15	effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Governmental authority provision of
20	communication services.--
21	(1)  This section may be cited as the "Governmental
22	Authority Provision of Communication Services Act of 2005."
23	(2)  As used in this section:
24	(a)  "Covered service" includes any cable service or
25	telecommunications service and should be construed in the
26	broadest sense.
27	(b)  "Cable service" has the same meaning as in 47 U.S.C.
28	s. 522(6).
29	(c)  "Governmental authority" means any political
30	subdivision as defined in s. 1.01, Florida Statutes, and any
31	utility authority, other authority, board, branch, department,
32	or unit thereof. The term includes any person owned, operated,
33	or controlled by a governmental authority or in which a
34	governmental authority otherwise has an interest, whether direct
35	or indirect.
36	(d)  "Omitted service" means a covered service that a
37	governmental authority determines is desired by the authority's
38	residents but is not being provided to the residents by any
39	private provider of covered services.
40	(e)  "Person" has the same meaning as defined in s. 1.01,
41	Florida Statutes.
42	(f)  "Private provider" means a provider of covered
43	services that is not a governmental authority.
44	(g)  "Providing," "provide," or "provision," with respect
45	to a covered service, means offering or supplying a service for
46	a fee or other consideration to a person, including any portion
47	of the public or a governmental authority or private provider. A
48	provider is a person that provides a covered service.
49	(h)  "Subscriber" means a person who receives a covered
50	service.
51	(i)  "Supplying," with respect to a covered service, means
52	actually supplying a service for a fee or other consideration to
53	a person, including any portion of the public or a governmental
54	authority or private provider.
55	(j)  "Telecommunications services" means the transmission
56	of signs, signals, writing, images, sounds, messages, data, or
57	other information of the user's choosing, by wire, radio, light
58	waves, or other electromagnetic means, without change in the
59	form or content of the information as sent and received by the
60	user and regardless of the facilities used, and including fixed
61	and mobile terrestrial wireless technologies or applications.
62	(3)  Except as specified in subsection (4), no governmental
63	authority shall provide a covered service or a facility used to
64	provide a covered service. The foregoing prohibition shall not
65	apply to, and shall not prohibit, a governmental authority from
66	supplying a covered service, or a facility used to provide a
67	covered service, to itself for its internal operational needs.
68	(4)(a)  Any governmental authority that is supplying a
69	covered service on May 1, 2005, shall be permitted to continue
70	supplying such service; however, the governmental authority may
71	not extend or expand its services or service areas for existing
72	or new subscribers.
73	(b)  If a governmental authority determines that there are
74	omitted services, the governmental authority may commence
75	providing the omitted services only upon the following
76	conditions in the following order:
77	1.  The governmental authority provides written notice to
78	all dealers of communications services registered under chapter
79	202, Florida Statutes, with the Department of Revenue describing
80	the omitted services.
81	2.  No provider commences to provide the noticed omitted
82	services or other substantially similar services within 240 days
83	after the date of the written notice.
84	3.  The governmental authority retains a feasibility
85	consultant to assess, in a written report, the feasibility of
86	the governmental authority's provision of the omitted services,
87	including consideration of the capital investment in facilities
88	to be used to provide the omitted services; the expenditure of
89	funds for labor, financing, and administering the proposed
90	omitted services; using full-cost accounting, the projected
91	annual operating expenses and revenues; and the governmental
92	authority's proposed method of financing.
93	4.  If the feasibility study indicates that the
94	governmental authority's provision of the omitted services is
95	feasible, the governing body schedules a public hearing to be
96	held to consider the feasibility study, to afford the public an
97	opportunity to offer comments on whether the governmental
98	authority should provide one or more of the noticed omitted
99	services, and to then vote on whether to proceed.
100	5.  If the governing body votes in favor of proceeding, it
101	calls an election on whether the governmental authority may
102	provide the omitted services that were the subject of the
103	governing body's vote. The notice of the election shall include,
104	with any other information required by law, a summary of the
105	omitted services and a statement that the feasibility study is
106	available for inspection and copying at a designated location.
107	The ballot at the election shall pose the question substantially
108	as follows: "Shall [insert name of the governmental authority]
109	operate a business providing [telecovered or advanced services,
110	or cable services, as applicable (meaning those services
111	identified in the governing body's vote)] to the inhabitants of
112	the [governmental authority] at a total cost of approximately
113	[insert amount from feasibility study] per year?"
114	(c)  The ballot proposition may not take effect until
115	submitted to the electors and approved by a majority of those
116	voting on the ballot.
117	(d)  If a majority of the electors vote to approve the
118	ballot question, the governmental authority may thereafter
119	provide the omitted services that were referenced in the ballot
120	question.
121	(5)(a)  A governmental authority that provides a cable
122	service shall comply with the Cable Communications Policy Act of
123	1984, 47 U.S.C. ss. 521 et seq.; the regulations issued by the
124	Federal Communications Commission under the Cable Communications
125	Policy Act of 1984, 47 U.S.C. ss. 521 et seq.; and all
126	applicable state and federal rules and regulations, including,
127	but not limited, to s. 166.046, Florida Statutes, and those
128	provisions of chapters 202, 212, and 337, Florida Statutes,
129	applicable to a provider of such services.
130	(b)  A governmental authority that provides a
131	telecommunications service or advanced service shall comply, if
132	applicable, with chapter 364, Florida Statutes, and rules
133	adopted by the Florida Public Service Commission; chapter 166,
134	Florida Statutes; and all applicable state and federal rules and
135	regulations, including, but not limited to, those provisions of
136	chapters 202, 212, and 337, Florida Statutes, applicable to a
137	provider of such services.
138	(c)  Exercise of a governmental authority's power or
139	authority in any area, including zoning or land use, to require
140	use by any person, including residents of a particular
141	development, of any of the governmental authority's covered
142	services is prohibited.
143	(d)  A governmental authority shall apply the governmental
144	authority's ordinances, rules, and policies and exercise any
145	authority under state or federal laws, including those relating
146	to the following subjects, without discrimination as to itself
147	and any private provider of covered services:
148	1.  Allowing access to and use of public rights-of-way.
149	2.  Allowing access to, use of, and payment for use of
150	governmental authority-owned or controlled poles, conduits,
151	easements, and similar facilities, such that the governmental
152	authority shall be subject to the same terms, conditions, and
153	fees, if any, for access to such poles, conduits, easements, or
154	similar facilities that the governmental authority applies to a
155	private provider for such access.
156	(e)  A governmental authority may not pledge any revenues
157	in support of the issuance of any bonds to finance the provision
158	of covered services outside the governmental authority's
159	geographical boundaries. The governing body of a governmental
160	authority may, upon approval by a vote of the electors, issue
161	one or more bonds to finance the capital costs for facilities to
162	provide covered services. The election shall be conducted as
163	specified in chapter 100, Florida Statutes. Any bonds issued to
164	finance the governmental authority's provision of covered
165	services shall be secured and paid solely from the revenues
166	generated by the governmental authority from its provision of
167	covered services. A governmental authority may not pay any such
168	bonds, or any origination, financing, or other costs associated
169	with such bonds, from the general funds or other enterprises of
170	the governmental authority or from the proceeds of bonds secured
171	and to be paid by the general taxing powers of the governmental
172	authority. This paragraph shall not apply to bonds issued by a
173	governmental authority prior to the effective date of this act.
174	(f)  Notwithstanding s. 542.235, Florida Statutes, or any
175	other provision of law, a governmental authority that provides
176	covered services is subject to the same prohibitions applicable
177	to private providers under ss. 542.18 and 542.19, Florida
178	Statutes.
179	(6)  If a governmental authority acquires any tax-paying
180	entity that is providing water or wastewater services, the
181	governmental authority must continue to pay the applicable taxes
182	levied upon the entity.
183	(7)  In all decisions concerning governmental authority
184	relating to the acquisition of, or contracting with, covered
185	services, water services, or wastewater services, the Public
186	Services Commission shall rule in favor of tax-paying entities.
187	(8)  If any provisions of this section or the application
188	of any provision of this section is found invalid, the remainder
189	of this act shall be given effect without the invalid provision
190	or application.
191	Section 2.  This act shall take effect upon becoming a law.

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