Florida Senate - 2017                CS for CS for CS for SB 596
       
       
        
       By the Committees on Rules; Governmental Oversight and
       Accountability; and Communications, Energy, and Public
       Utilities; and Senators Hutson, Young, and Broxson
       
       
       
       595-04137-17                                           2017596c3
    1                        A bill to be entitled                      
    2         An act relating to utilities; amending s. 337.401,
    3         F.S.; authorizing the Department of Transportation and
    4         certain local governmental entities to prescribe and
    5         enforce reasonable rules or regulations with reference
    6         to the placing and maintaining across, on, or within
    7         the right-of-way limits of any road or publicly owned
    8         rail corridors under their respective jurisdictions
    9         any voice or data communications services lines or
   10         wireless facilities; providing a short title; defining
   11         terms; prohibiting a county or municipality having
   12         jurisdiction and control of the rights-of-way of any
   13         public road, referred to as the “authority,” from
   14         prohibiting, regulating, or charging for the
   15         collocation of small wireless facilities in public
   16         rights-of-way under certain circumstances; authorizing
   17         an authority to require a registration process and
   18         permit fees only under certain circumstances;
   19         requiring an authority to receive and process
   20         applications for permits and to issue such permits,
   21         subject to specified requirements; prohibiting an
   22         authority from requiring approval of or imposing fees
   23         or other charges for routine maintenance, the
   24         replacement of certain wireless facilities, or the
   25         installation, placement, maintenance, or replacement
   26         of certain micro wireless facilities; providing an
   27         exception; providing requirements for the collocation
   28         of small wireless facilities on authority utility
   29         poles; providing requirements for rates, fees, and
   30         other terms related to authority utility poles;
   31         authorizing an authority to apply current ordinances
   32         regulating placement of communications facilities in
   33         the right-of-way, including registration, permitting,
   34         insurance coverage, indemnification, performance
   35         bonds, security funds, force majeure, abandonment,
   36         authority liability, or authority warranties for
   37         certain applications; providing that certain permit
   38         application requirements and small wireless facility
   39         placement requirements shall be waived by the
   40         authority; prohibiting an authority from adopting or
   41         enforcing any regulation on the placement or operation
   42         of certain communications facilities, from regulating
   43         any communications services, or from imposing or
   44         collecting any tax, fee, or charge not specifically
   45         authorized under state law; providing construction;
   46         requiring a wireless provider to comply with certain
   47         nondiscriminatory undergrounding requirements of the
   48         authority; authorizing the authority to waive any such
   49         requirements; authorizing a wireless infrastructure
   50         provider to apply to an authority to place utility
   51         poles in the public rights-of-way to support the
   52         collocation of small wireless facilities; providing
   53         requirements for such application; requiring the
   54         authority to accept and process the application,
   55         subject to certain requirements; providing
   56         construction; authorizing an authority to enforce
   57         local pending ordinances or administrative rules or
   58         regulations that are applicable to a historic area
   59         designated by the state or authority and subject to
   60         waiver by the authority if the intent to adopt
   61         regulation or zoning changes has been publicly
   62         declared on or before a specified date; providing
   63         retroactive applicability; providing an effective
   64         date.
   65          
   66  Be It Enacted by the Legislature of the State of Florida:
   67  
   68         Section 1. Paragraph (a) of subsection (1) of section
   69  337.401, Florida Statutes, is amended, and subsection (7) is
   70  added to that section, to read:
   71         337.401 Use of right-of-way for utilities subject to
   72  regulation; permit; fees.—
   73         (1)(a) The department and local governmental entities,
   74  referred to in this section and in ss. 337.402, 337.403, and
   75  337.404 as the “authority,” that have jurisdiction and control
   76  of public roads or publicly owned rail corridors are authorized
   77  to prescribe and enforce reasonable rules or regulations with
   78  reference to the placing and maintaining across, on, or within
   79  the right-of-way limits of any road or publicly owned rail
   80  corridors under their respective jurisdictions any electric
   81  transmission, voice telephone, telegraph, data, or other
   82  communications services lines or wireless facilities; pole
   83  lines; poles; railways; ditches; sewers; water, heat, or gas
   84  mains; pipelines; fences; gasoline tanks and pumps; or other
   85  structures referred to in this section and in ss. 337.402,
   86  337.403, and 337.404 as the “utility.” The department may enter
   87  into a permit-delegation agreement with a governmental entity if
   88  issuance of a permit is based on requirements that the
   89  department finds will ensure the safety and integrity of
   90  facilities of the Department of Transportation; however, the
   91  permit-delegation agreement does not apply to facilities of
   92  electric utilities as defined in s. 366.02(2).
   93         (7)(a) This subsection may be cited as the “Advanced
   94  Wireless Infrastructure Deployment Act.”
   95         (b) As used in this subsection, the term:
   96         1. “Antenna” means communications equipment that transmits
   97  or receives electromagnetic radio frequency signals used in
   98  providing wireless services.
   99         2. “Applicable codes” means uniform building, fire,
  100  electrical, plumbing, or mechanical codes adopted by a
  101  recognized national code organization or local amendments to
  102  those codes enacted solely to address threats of destruction of
  103  property or injury to persons, or local codes or ordinances
  104  adopted to implement this subsection. The term includes
  105  objective design standards adopted by ordinance which may
  106  require that a new utility pole replacing an existing utility
  107  pole be of substantially similar design, material, and color, or
  108  that ground-mounted equipment meet reasonable spacing
  109  requirements. The term includes objective design standards
  110  adopted by ordinance which may require a small wireless facility
  111  to meet reasonable location context, color, stealth, and
  112  concealment requirements; however, the authority may waive the
  113  design standards upon a showing that the design standards are
  114  not reasonably compatible for the particular location of a small
  115  wireless facility or that the design standards impose an
  116  excessive expense. The waiver must be granted or denied within
  117  45 days after the date of the waiver request.
  118         3. “Applicant” means a person who submits an application
  119  and is a wireless provider.
  120         4. “Application” means a request submitted by an applicant
  121  to an authority for a permit to collocate small wireless
  122  facilities.
  123         5. “Authority” means a county or municipality having
  124  jurisdiction and control of the rights-of-way of any public
  125  roads. The term does not include the Florida Department of
  126  Transportation. The Florida Department of Transportation rights
  127  of-way are excluded from this subsection.
  128         6. “Authority utility pole” means a utility pole owned by
  129  an authority in the right-of-way. The term does not include a
  130  utility pole owned by a municipal electric utility or any
  131  utility pole used to support municipally owned or operated
  132  electric distribution facilities, or a utility pole located in
  133  the right-of-way within:
  134         a. A retirement community that:
  135         (I) Is deed-restricted as housing for older persons as
  136  defined in s. 760.29(4)(b);
  137         (II) Has more than 5,000 residents; and
  138         (III) Has underground utilities for electric transmission
  139  or distribution; or
  140         b. A municipality that:
  141         (I) Is located on a coastal barrier island as defined in s.
  142  161.053(1)(b)3.;
  143         (II) Has a land area of less than 5 square miles;
  144         (III) Has fewer than 10,000 residents; and
  145         (IV) Has, before the adoption of this act, received
  146  referendum approval to issue debt to finance municipality-wide
  147  underground utilities for electric transmission or distribution.
  148         7. “Collocate” or “collocation” means to install, mount,
  149  maintain, modify, operate, or replace one or more wireless
  150  facilities on, under, within, or adjacent to a wireless support
  151  structure or utility pole. The term does not include the
  152  installation of a utility pole or wireless support structure in
  153  the public rights-of-way.
  154         8. “FCC” means the Federal Communications Commission.
  155         9.“Micro wireless facility” means a small wireless
  156  facility having dimensions no larger than 24 inches in length,
  157  15 inches in width, and 12 inches in height and an exterior
  158  antenna, if any, no longer than 11 inches.
  159         10. “Small wireless facility” means a wireless facility
  160  that meets the following qualifications:
  161         a.Each antenna associated with the facility is located
  162  inside an enclosure of no more than 6 cubic feet in volume or,
  163  in the case of antennas that have exposed elements, each antenna
  164  and all of its exposed elements could fit within an enclosure of
  165  no more than 6 cubic feet in volume; and
  166         b.All other wireless equipment associated with the
  167  facility is cumulatively no more than 28 cubic feet in volume.
  168  The following types of associated ancillary equipment are not
  169  included in the calculation of equipment volume: electric
  170  meters, concealment elements, telecommunications demarcation
  171  boxes, ground-based enclosures, grounding equipment, power
  172  transfer switches, cutoff switches, vertical cable runs for the
  173  connection of power and other services, and utility poles or
  174  other support structures.
  175         11.“Utility pole” means a pole or similar structure used
  176  in whole or in part to provide communications services or for
  177  electric distribution, lighting, traffic control, signage, or a
  178  similar function. The term includes the vertical support
  179  structure for traffic lights, but does not include any
  180  horizontal structures upon which are attached signal lights or
  181  other traffic control devices and does not include any pole or
  182  similar structure 15 feet in height or less unless an authority
  183  grants a waiver for the pole.
  184         12. “Wireless facility” means equipment at a fixed location
  185  which enables wireless communications between user equipment and
  186  a communications network, including radio transceivers,
  187  antennas, wires, coaxial or fiber-optic cable or other cables,
  188  regular and backup power supplies, and comparable equipment,
  189  regardless of technological configuration, and equipment
  190  associated with wireless communications. The term includes small
  191  wireless facilities. The term does not include:
  192         a. The structure or improvements on, under, within, or
  193  adjacent to the structure on which the equipment is collocated;
  194         b. Wireline backhaul facilities; or
  195         c. Coaxial or fiber-optic cable that is between wireless
  196  structures or utility poles or that is otherwise not immediately
  197  adjacent to or directly associated with a particular antenna.
  198         13. “Wireless infrastructure provider” means a person who
  199  is certificated to provide telecommunications service in the
  200  state and who builds or installs wireless communication
  201  transmission equipment, wireless facilities, or wireless support
  202  structures, but is not a wireless services provider.
  203         14. “Wireless provider” means a wireless infrastructure
  204  provider or a wireless services provider.
  205         15. “Wireless services” means any services provided using
  206  licensed or unlicensed spectrum, whether at a fixed location or
  207  mobile, using wireless facilities.
  208         16. “Wireless services provider” means a person who
  209  provides wireless services.
  210         17. “Wireless support structure” means a freestanding
  211  structure, such as a monopole, a guyed or self-supporting tower,
  212  or another existing or proposed structure designed to support or
  213  capable of supporting wireless facilities. The term does not
  214  include a utility pole.
  215         (c) Except as provided in this subsection, an authority may
  216  not prohibit, regulate, or charge for the collocation of small
  217  wireless facilities in the public rights-of-way.
  218         (d) An authority may require a registration process and
  219  permit fees in accordance with subsection (3). An authority
  220  shall accept applications for permits and shall process and
  221  issue permits subject to the following requirements:
  222         1. An authority may not directly or indirectly require an
  223  applicant to perform services unrelated to the collocation for
  224  which approval is sought, such as in-kind contributions to the
  225  authority, including reserving fiber, conduit, or pole space for
  226  the authority.
  227         2. An applicant may not be required to provide more
  228  information to obtain a permit than is necessary to demonstrate
  229  the applicant’s compliance with applicable codes for the
  230  placement of small wireless facilities in the locations
  231  identified in the application.
  232         3. An authority may not require the placement of small
  233  wireless facilities on any specific utility pole or category of
  234  poles or require multiple antenna systems on a single utility
  235  pole.
  236         4. An authority may not limit the placement of small
  237  wireless facilities by minimum separation distances; however,
  238  within 14 days after the date of filing the application, an
  239  authority may request that the proposed location of a small
  240  wireless facility be moved to another location in the right-of
  241  way and placed upon an alternative authority utility pole or
  242  support structure or placed upon a new utility pole. The
  243  authority and applicant may negotiate the alternative location,
  244  including any objective design standards, for 30 days after the
  245  date of the request. At the conclusion of the negotiation
  246  period, if the applicant accepts the alternative location, the
  247  applicant must notify the authority, and the application shall
  248  be deemed granted for any new location for which there is
  249  agreement and all other locations in the application. If no
  250  agreement is reached, the applicant must notify the authority,
  251  and the authority must grant or deny the original application
  252  within 90 days after the date the application is filed. A
  253  request for an alternative location, an acceptance of an
  254  alternative location, or any rejection of an alternative
  255  location must be in writing and provided by electronic mail.
  256         5. An authority shall limit the height of a small wireless
  257  facility to no more than 10 feet above the utility pole or
  258  structure upon which the small wireless facility is to be
  259  collocated. Unless waived by an authority, the height for a new
  260  utility pole is limited to the tallest existing utility pole
  261  located in the right-of-way, other than a utility pole for which
  262  a waiver has previously been granted, measured from grade in
  263  place within 500 feet of the proposed location of the small
  264  wireless facility. If there is no utility pole within 500 feet,
  265  the authority shall limit the height of the utility pole to 50
  266  feet.
  267         6. Except as provided in subparagraphs 4. and 5., the
  268  installation of a utility pole in the public rights-of-way
  269  designed to support a small wireless facility is subject to
  270  authority rules or regulations governing the placement of
  271  utility poles in the public rights-of-way and is subject to the
  272  application review timeframes in this subsection.
  273         7. Within 14 days after receiving an application, an
  274  authority must determine and notify the applicant by electronic
  275  mail as to whether the application is complete. If an
  276  application is deemed incomplete, the authority must
  277  specifically identify the missing information. An application is
  278  deemed complete if the authority fails to provide notification
  279  to the applicant within 14 days.
  280         8. An application must be processed on a nondiscriminatory
  281  basis. A complete application is deemed approved if an authority
  282  fails to approve or deny the application within 60 days after
  283  receipt of the application. If an authority does not use the 30
  284  day negotiation period provided in subparagraph 4., the parties
  285  may mutually agree to extend the 60-day application review
  286  period. The authority must grant or deny the application at the
  287  end of the extended period. A permit issued pursuant to an
  288  approved application remains effective for 1 year unless
  289  extended by the authority.
  290         9.An authority must notify the applicant of approval or
  291  denial by electronic mail. An authority must approve a complete
  292  application unless it does not meet the authority’s applicable
  293  codes. If the application is denied, the authority must specify
  294  in writing the basis for denial, including the specific code
  295  provisions on which the denial was based, and send the
  296  documentation to the applicant by electronic mail on the day the
  297  authority denies the application. The applicant may cure the
  298  deficiencies identified by the authority and resubmit the
  299  application within 30 days after notice of the denial is sent to
  300  the applicant. The authority must approve or deny the revised
  301  application within 30 days after receipt or the application is
  302  deemed approved. Any subsequent review shall be limited to the
  303  deficiencies cited in the denial.
  304         10. An applicant seeking to collocate small wireless
  305  facilities within the jurisdiction of a single authority may, at
  306  the applicant’s discretion, file a consolidated application and
  307  receive a single permit for the collocation of no more than 30
  308  small wireless facilities. If the application includes multiple
  309  small wireless facilities, an authority may remove small
  310  wireless facility collocations from the application and treat
  311  separately small wireless facility collocations for which
  312  incomplete information has been received or which are denied.
  313         11. An authority may deny a proposed collocation of a small
  314  wireless facility in the public rights-of-way if the proposed
  315  collocation:
  316         a. Materially interferes with the safe operation of traffic
  317  control equipment.
  318         b. Materially interferes with sight lines or clear zones
  319  for transportation, pedestrians, or public safety purposes.
  320         c. Materially interferes with compliance with the Americans
  321  with Disabilities Act or similar federal or state standards
  322  regarding pedestrian access or movement.
  323         d. Materially fails to comply with the 2010 edition of the
  324  Florida Department of Transportation Utility Accommodation
  325  Manual.
  326         e. Fails to comply with applicable codes.
  327         12. An authority may adopt by ordinance provisions for
  328  registration, permitting, insurance coverage, indemnification,
  329  performance bonds, security funds, force majeure, abandonment,
  330  authority liability, or authority warranties. Such provisions
  331  must be reasonable and nondiscriminatory.
  332         13. Collocation of a small wireless facility on an
  333  authority utility pole may not provide the basis for the
  334  imposition of an ad valorem tax on the authority utility pole.
  335         14. An authority may reserve space on authority utility
  336  poles for future public safety uses. However, a reservation of
  337  space may not preclude collocation of a small wireless facility.
  338  If replacement of the authority utility pole is necessary to
  339  accommodate the collocation of the small wireless facility and
  340  the future public safety use, the pole replacement is subject to
  341  make-ready provisions, and the replaced pole shall accommodate
  342  the future public safety use.
  343         15. Any structure granted a permit and installed pursuant
  344  to this subsection must comply with chapter 333 and federal
  345  regulations pertaining to airport airspace protections.
  346         (e)An authority may not require approval of or impose fees
  347  or other charges for:
  348         1. Routine maintenance;
  349         2. Replacement of existing wireless facilities with
  350  wireless facilities that are substantially similar or of the
  351  same or smaller size; or
  352         3. Installation, placement, maintenance, or replacement of
  353  micro wireless facilities suspended on cables strung between
  354  existing utility poles in compliance with applicable codes by a
  355  communications service provider authorized to occupy the rights
  356  of-way and who is remitting taxes under chapter 202.
  357  
  358  However, notwithstanding this paragraph, an authority may
  359  require a right-of-way permit for work that involves excavation,
  360  closing a sidewalk, or closing a vehicular lane.
  361         (f) Collocation of small wireless facilities on authority
  362  utility poles is subject to the following requirements:
  363         1. An authority may not enter into an exclusive arrangement
  364  with any person for the right to attach equipment to authority
  365  utility poles.
  366         2. The rates and fees for collocations on authority utility
  367  poles must be nondiscriminatory, regardless of the services
  368  provided by the collocating person.
  369         3. The rate to collocate small wireless facilities on
  370  authority utility poles may not exceed $100 per year.
  371         4.Agreements between authorities and wireless providers
  372  which are in effect on July 1, 2017, and which relate to the
  373  collocation of small wireless facilities in the right-of-way,
  374  including the collocation of small wireless facilities on
  375  authority utility poles, remain in effect, subject to applicable
  376  termination provisions. The wireless provider may accept the
  377  rates, fees, and terms established under this subsection for
  378  small wireless facilities and utility poles that are the subject
  379  of an application submitted after the rates, fees, and terms
  380  become effective.
  381         5. A person owning or controlling an authority utility pole
  382  shall offer rates, fees, and other terms that comply with this
  383  subsection. By the later of January 1, 2018, or 3 months after
  384  receiving a request to collocate its first small wireless
  385  facility on a utility pole owned or controlled by an authority,
  386  the person owning or controlling the authority utility pole
  387  shall make available, through ordinance or otherwise, rates,
  388  fees, and terms for the collocation of small wireless facilities
  389  on the authority utility pole which comply with this subsection.
  390         a. The rates, fees, and terms must be nondiscriminatory,
  391  competitively neutral, and must comply with this subsection.
  392         b. For an authority utility pole that supports an aerial
  393  facility used to provide communications services or electric
  394  service, the parties shall comply with the process for make
  395  ready work under 47 U.S.C. s. 224 and implementing regulations.
  396  The good faith estimate of the person owning or controlling the
  397  pole for any make-ready work necessary to enable the pole to
  398  support the requested collocation must include pole replacement
  399  if necessary.
  400         c. For an authority utility pole that does not support an
  401  aerial facility used to provide communications services or
  402  electric service, the authority shall provide a good faith
  403  estimate for any make-ready work necessary to enable the pole to
  404  support the requested collocation, including necessary pole
  405  replacement, within 60 days after receipt of a complete
  406  application. Make-ready work, including any pole replacement,
  407  must be completed within 60 days after written acceptance of the
  408  good faith estimate by the applicant. Alternatively, an
  409  authority may require the applicant seeking to collocate a small
  410  wireless facility to provide a make-ready estimate at the
  411  applicant’s expense for the work necessary to support the small
  412  wireless facility, including pole replacement, and to perform
  413  the make-ready work. If pole replacement is required, the scope
  414  of the make-ready estimate is limited to the design,
  415  fabrication, and installation of a utility pole that is
  416  substantially similar in color and composition. The authority
  417  may not impose conditions on or restrict the manner in which the
  418  applicant obtains, develops, or provides the estimate or
  419  conducts the make-ready work subject to usual construction
  420  restoration standards for work in the right-of-way. The replaced
  421  or altered utility pole shall remain the property of the
  422  authority.
  423         d.An authority may not require more make-ready work than
  424  is required to meet applicable codes or industry standards. Fees
  425  for make-ready work may not include costs related to preexisting
  426  damage or prior noncompliance. Fees for make-ready work,
  427  including any pole replacement, may not exceed actual costs or
  428  the amount charged to communications service providers other
  429  than wireless services providers for similar work and may not
  430  include any consultant fee or expense.
  431         (g) For any applications filed before the effective dates
  432  of ordinances implementing this subsection, an authority may
  433  apply current ordinances regulating the placement of
  434  communications facilities in the right-of-way, including
  435  registration, permitting, insurance coverage, indemnification,
  436  performance bonds, security funds, force majeure, abandonment,
  437  authority liability, or authority warranties. Permit application
  438  requirements and small wireless facility placement requirements,
  439  including utility pole height limits, which conflict with this
  440  subsection shall be waived by the authority.
  441         (h) Except as provided in this section or specifically
  442  required by state law, an authority may not adopt or enforce any
  443  regulation on the placement or operation of communications
  444  facilities in the rights-of-way by a provider authorized by
  445  state law to operate in the rights-of-way and may not regulate
  446  any communications services or impose or collect any tax, fee,
  447  or charge not specifically authorized under state law. This
  448  paragraph is not intended to change state law regarding an
  449  authority’s ability to regulate the relocation of facilities.
  450         (i) A wireless provider shall, in relation to a small
  451  wireless facility, utility pole, or wireless support structure
  452  in the public rights-of-way, comply with nondiscriminatory
  453  undergrounding requirements of the authority which prohibit
  454  above-ground structures in public rights-of-way. Any such
  455  requirements may be waived by the relevant authority.
  456         (j) A wireless infrastructure provider may apply to an
  457  authority to place utility poles in the public rights-of-way to
  458  support the collocation of small wireless facilities. The
  459  application must include an attestation that small wireless
  460  facilities will be collocated on the utility pole or structure
  461  and small wireless facilities will be used by a wireless
  462  services provider to provide service within 9 months from the
  463  date the application is granted. An authority shall accept and
  464  process the application in accordance with subparagraph (d)6.
  465  and any applicable codes and other local codes governing the
  466  placement of utility poles in the public rights-of-way.
  467         (k) This subsection does not limit a local government’s
  468  authority to enforce historic preservation zoning regulations
  469  consistent with the preservation of local zoning authority under
  470  47 U.S.C s. 332(c)(7), the requirements for facility
  471  modifications under 47 U.S.C. s. 1455(a), or the National
  472  Historic Preservation Act of 1966, as amended, and the
  473  regulations adopted to implement these laws. An authority may
  474  enforce local pending ordinances or administrative rules or
  475  regulations that are applicable to a historic area designated by
  476  the state or authority and subject to waiver by the authority if
  477  the intent to adopt regulation or zoning changes has been
  478  publicly declared on or before April 1, 2017.
  479         (l) This subsection does not authorize a person to
  480  collocate or attach wireless facilities, including any antenna,
  481  micro wireless facility, or small wireless facility, on a
  482  privately owned utility pole, a utility pole owned by an
  483  electric cooperative or a municipal electric utility, a
  484  privately owned wireless support structure, or other private
  485  property without the consent of the property owner.
  486         (m) The approval of the installation, placement,
  487  maintenance, or operation of a small wireless facility pursuant
  488  to this subsection may not be construed to authorize the
  489  provision of any voice, data, or video communications services
  490  or the installation, placement, maintenance, or operation of any
  491  communications facilities other than small wireless facilities
  492  in the right-of-way.
  493         (n) This subsection does not affect the provisions of
  494  subsection (6) relating to pass-through providers.
  495         (o)This subsection does not authorize a person to
  496  collocate or attach small wireless facilities or micro wireless
  497  facilities on a utility pole unless otherwise permitted by
  498  federal law, or to erect a wireless support structure in the
  499  right-of-way located within a retirement community that:
  500         1. Is deed-restricted as housing for older persons as
  501  defined in s. 760.29(4)(b);
  502         2. Has more than 5,000 residents; and
  503         3. Has underground utilities for electric transmission or
  504  distribution.
  505  
  506  Nothing in this paragraph applies to the installation of micro
  507  wireless facilities on any existing and duly authorized aerial
  508  communications facilities, provided that once aerial facilities
  509  are converted to underground, any such collocation or
  510  construction shall be only as provided by the municipality’s
  511  underground utilities ordinance.
  512         (p) This subsection does not authorize a person to
  513  collocate or attach small wireless facilities or micro wireless
  514  facilities on a utility pole unless otherwise permitted by
  515  federal law, or to erect a wireless support structure in the
  516  right-of-way located within a municipality that:
  517         1. Is located on a coastal barrier island as defined in s.
  518  161.053(1)(b)3.;
  519         2. Has a land area of less than 5 square miles;
  520         3. Has fewer than 10,000 residents; and
  521         4. Which has, before the adoption of this act, received
  522  referendum approval to issue debt to finance municipality-wide
  523  undergrounding of its utilities for electric transmission or
  524  distribution.
  525  
  526  Nothing in this paragraph applies to the installation of micro
  527  wireless facilities on any existing and duly authorized aerial
  528  communications facilities, provided that once aerial facilities
  529  are converted to underground, any such collocation or
  530  construction shall be only as provided by the municipality’s
  531  underground utilities ordinance.
  532         (q) This subsection does not authorize a person to
  533  collocate or attach small wireless facilities or micro wireless
  534  facilities on a utility pole unless otherwise permitted by
  535  federal law, or to erect a wireless support structure in the
  536  right-of-way, which do not comply with the covenants,
  537  conditions, and restrictions; articles of incorporation; and by
  538  laws applicable to the proposed location.
  539         Section 2. This act shall take effect July 1, 2017.