CS for CS for CS for SB 596                      First Engrossed
       
       
       
       
       
       
       
       
       2017596e1
       
    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 codes, administrative rules, or regulations
   58         adopted by ordinance in effect on a specified date
   59         which are applicable to a historic area designated by
   60         the state or authority; authorizing an authority to
   61         enforce pending local ordinances, administrative
   62         rules, or regulations that are applicable to a
   63         historic area designated by the state if the intent to
   64         adopt such changes has been publicly declared on or
   65         before a specified date; providing retroactive
   66         applicability; authorizing an authority to waive
   67         certain ordinances or other requirements; providing an
   68         effective date.
   69          
   70  Be It Enacted by the Legislature of the State of Florida:
   71  
   72         Section 1. Paragraph (a) of subsection (1) of section
   73  337.401, Florida Statutes, is amended, and subsection (7) is
   74  added to that section, to read:
   75         337.401 Use of right-of-way for utilities subject to
   76  regulation; permit; fees.—
   77         (1)(a) The department and local governmental entities,
   78  referred to in this section and in ss. 337.402, 337.403, and
   79  337.404 as the “authority,” that have jurisdiction and control
   80  of public roads or publicly owned rail corridors are authorized
   81  to prescribe and enforce reasonable rules or regulations with
   82  reference to the placing and maintaining across, on, or within
   83  the right-of-way limits of any road or publicly owned rail
   84  corridors under their respective jurisdictions any electric
   85  transmission, voice telephone, telegraph, data, or other
   86  communications services lines or wireless facilities; pole
   87  lines; poles; railways; ditches; sewers; water, heat, or gas
   88  mains; pipelines; fences; gasoline tanks and pumps; or other
   89  structures referred to in this section and in ss. 337.402,
   90  337.403, and 337.404 as the “utility.” The department may enter
   91  into a permit-delegation agreement with a governmental entity if
   92  issuance of a permit is based on requirements that the
   93  department finds will ensure the safety and integrity of
   94  facilities of the Department of Transportation; however, the
   95  permit-delegation agreement does not apply to facilities of
   96  electric utilities as defined in s. 366.02(2).
   97         (7)(a) This subsection may be cited as the “Advanced
   98  Wireless Infrastructure Deployment Act.”
   99         (b) As used in this subsection, the term:
  100         1. “Antenna” means communications equipment that transmits
  101  or receives electromagnetic radio frequency signals used in
  102  providing wireless services.
  103         2. “Applicable codes” means uniform building, fire,
  104  electrical, plumbing, or mechanical codes adopted by a
  105  recognized national code organization or local amendments to
  106  those codes enacted solely to address threats of destruction of
  107  property or injury to persons, or local codes or ordinances
  108  adopted to implement this subsection. The term includes
  109  objective design standards adopted by ordinance which may
  110  require that a new utility pole replacing an existing utility
  111  pole be of substantially similar design, material, and color, or
  112  that ground-mounted equipment meet reasonable spacing
  113  requirements. The term includes objective design standards
  114  adopted by ordinance which may require a small wireless facility
  115  to meet reasonable location context, color, stealth, and
  116  concealment requirements; however, the authority may waive the
  117  design standards upon a showing that the design standards are
  118  not reasonably compatible for the particular location of a small
  119  wireless facility or that the design standards impose an
  120  excessive expense. The waiver must be granted or denied within
  121  45 days after the date of the waiver request.
  122         3. “Applicant” means a person who submits an application
  123  and is a wireless provider.
  124         4. “Application” means a request submitted by an applicant
  125  to an authority for a permit to collocate small wireless
  126  facilities.
  127         5. “Authority” means a county or municipality having
  128  jurisdiction and control of the rights-of-way of any public
  129  roads. The term does not include the Florida Department of
  130  Transportation. The Florida Department of Transportation rights
  131  of-way are excluded from this subsection.
  132         6. “Authority utility pole” means a utility pole owned by
  133  an authority in the right-of-way. The term does not include a
  134  utility pole owned by a municipal electric utility or any
  135  utility pole used to support municipally owned or operated
  136  electric distribution facilities, or a utility pole located in
  137  the right-of-way within:
  138         a. A retirement community that:
  139         (I) Is deed-restricted as housing for older persons as
  140  defined in s. 760.29(4)(b);
  141         (II) Has more than 5,000 residents; and
  142         (III) Has underground utilities for electric transmission
  143  or distribution; or
  144         b. A municipality that:
  145         (I) Is located on a coastal barrier island as defined in s.
  146  161.053(1)(b)3.;
  147         (II) Has a land area of less than 5 square miles;
  148         (III) Has fewer than 10,000 residents; and
  149         (IV) Has, before July 1, 2017, received referendum approval
  150  to issue debt to finance municipality-wide underground utilities
  151  for electric transmission or distribution.
  152         7. “Collocate” or “collocation” means to install, mount,
  153  maintain, modify, operate, or replace one or more wireless
  154  facilities on, under, within, or adjacent to a wireless support
  155  structure or utility pole. The term does not include the
  156  installation of a new utility pole or wireless support structure
  157  in the public rights-of-way.
  158         8. “FCC” means the Federal Communications Commission.
  159         9. “Micro wireless facility” means a small wireless
  160  facility having dimensions no larger than 24 inches in length,
  161  15 inches in width, and 12 inches in height and an exterior
  162  antenna, if any, no longer than 11 inches.
  163         10. “Small wireless facility” means a wireless facility
  164  that meets the following qualifications:
  165         a. Each antenna associated with the facility is located
  166  inside an enclosure of no more than 6 cubic feet in volume or,
  167  in the case of antennas that have exposed elements, each antenna
  168  and all of its exposed elements could fit within an enclosure of
  169  no more than 6 cubic feet in volume; and
  170         b. All other wireless equipment associated with the
  171  facility is cumulatively no more than 28 cubic feet in volume.
  172  The following types of associated ancillary equipment are not
  173  included in the calculation of equipment volume: electric
  174  meters, concealment elements, telecommunications demarcation
  175  boxes, ground-based enclosures, grounding equipment, power
  176  transfer switches, cutoff switches, vertical cable runs for the
  177  connection of power and other services, and utility poles or
  178  other support structures.
  179         11. “Utility pole” means a pole or similar structure used
  180  in whole or in part to provide communications services or for
  181  electric distribution, lighting, traffic control, signage, or a
  182  similar function. The term includes the vertical support
  183  structure for traffic lights, but does not include any
  184  horizontal structures upon which are attached signal lights or
  185  other traffic control devices and does not include any pole or
  186  similar structure 15 feet in height or less unless an authority
  187  grants a waiver for the pole.
  188         12. “Wireless facility” means equipment at a fixed location
  189  which enables wireless communications between user equipment and
  190  a communications network, including radio transceivers,
  191  antennas, wires, coaxial or fiber-optic cable or other cables,
  192  regular and backup power supplies, and comparable equipment,
  193  regardless of technological configuration, and equipment
  194  associated with wireless communications. The term includes small
  195  wireless facilities. The term does not include:
  196         a. The structure or improvements on, under, within, or
  197  adjacent to the structure on which the equipment is collocated;
  198         b. Wireline backhaul facilities; or
  199         c. Coaxial or fiber-optic cable that is between wireless
  200  structures or utility poles or that is otherwise not immediately
  201  adjacent to or directly associated with a particular antenna.
  202         13. “Wireless infrastructure provider” means a person who
  203  has been certificated to provide telecommunications service in
  204  the state and who builds or installs wireless communication
  205  transmission equipment, wireless facilities, or wireless support
  206  structures, but is not a wireless services provider.
  207         14. “Wireless provider” means a wireless infrastructure
  208  provider or a wireless services provider.
  209         15. “Wireless services” means any services provided using
  210  licensed or unlicensed spectrum, whether at a fixed location or
  211  mobile, using wireless facilities.
  212         16. “Wireless services provider” means a person who
  213  provides wireless services.
  214         17. “Wireless support structure” means a freestanding
  215  structure, such as a monopole, a guyed or self-supporting tower,
  216  or another existing or proposed structure designed to support or
  217  capable of supporting wireless facilities. The term does not
  218  include a utility pole.
  219         (c) Except as provided in this subsection, an authority may
  220  not prohibit, regulate, or charge for the collocation of small
  221  wireless facilities in the public rights-of-way.
  222         (d) An authority may require a registration process and
  223  permit fees in accordance with subsection (3). An authority
  224  shall accept applications for permits and shall process and
  225  issue permits subject to the following requirements:
  226         1. An authority may not directly or indirectly require an
  227  applicant to perform services unrelated to the collocation for
  228  which approval is sought, such as in-kind contributions to the
  229  authority, including reserving fiber, conduit, or pole space for
  230  the authority.
  231         2. An applicant may not be required to provide more
  232  information to obtain a permit than is necessary to demonstrate
  233  the applicant’s compliance with applicable codes for the
  234  placement of small wireless facilities in the locations
  235  identified in the application.
  236         3. An authority may not require the placement of small
  237  wireless facilities on any specific utility pole or category of
  238  poles or require multiple antenna systems on a single utility
  239  pole.
  240         4. An authority may not limit the placement of small
  241  wireless facilities by minimum separation distances; however,
  242  within 14 days after the date of filing the application, an
  243  authority may request that the proposed location of a small
  244  wireless facility be moved to another location in the right-of
  245  way and placed upon an alternative authority utility pole or
  246  support structure or placed upon a new utility pole. The
  247  authority and applicant may negotiate the alternative location,
  248  including any objective design standards, for 30 days after the
  249  date of the request. At the conclusion of the negotiation
  250  period, if the applicant accepts the alternative location, the
  251  applicant must notify the authority, and the application shall
  252  be deemed granted for any new location for which there is
  253  agreement and all other locations in the application. If no
  254  agreement is reached, the applicant must notify the authority,
  255  and the authority must grant or deny the original application
  256  within 90 days after the date the application is filed. A
  257  request for an alternative location, an acceptance of an
  258  alternative location, or any rejection of an alternative
  259  location must be in writing and provided by electronic mail.
  260         5. An authority shall limit the height of a small wireless
  261  facility to no more than 10 feet above the utility pole or
  262  structure upon which the small wireless facility is to be
  263  collocated. Unless waived by an authority, the height for a new
  264  utility pole is limited to the tallest existing utility pole as
  265  of July 1, 2017, located in the same right-of-way, other than a
  266  utility pole for which a waiver has previously been granted,
  267  measured from grade in place within 500 feet of the proposed
  268  location of the small wireless facility. If there is no utility
  269  pole within 500 feet, the authority shall limit the height of
  270  the utility pole to 50 feet.
  271         6. Except as provided in subparagraphs 4. and 5., the
  272  installation of a utility pole in the public rights-of-way
  273  designed to support a small wireless facility is subject to
  274  authority rules or regulations governing the placement of
  275  utility poles in the public rights-of-way and is subject to the
  276  application review timeframes in this subsection.
  277         7. Within 14 days after receiving an application, an
  278  authority must determine and notify the applicant by electronic
  279  mail as to whether the application is complete. If an
  280  application is deemed incomplete, the authority must
  281  specifically identify the missing information. An application is
  282  deemed complete if the authority fails to provide notification
  283  to the applicant within 14 days.
  284         8. An application must be processed on a nondiscriminatory
  285  basis. A complete application is deemed approved if an authority
  286  fails to approve or deny the application within 60 days after
  287  receipt of the application. If an authority does not use the 30
  288  day negotiation period provided in subparagraph 4., the parties
  289  may mutually agree to extend the 60-day application review
  290  period. The authority must grant or deny the application at the
  291  end of the extended period. A permit issued pursuant to an
  292  approved application remains effective for 1 year unless
  293  extended by the authority.
  294         9. An authority must notify the applicant of approval or
  295  denial by electronic mail. An authority must approve a complete
  296  application unless it does not meet the authority’s applicable
  297  codes. If the application is denied, the authority must specify
  298  in writing the basis for denial, including the specific code
  299  provisions on which the denial was based, and send the
  300  documentation to the applicant by electronic mail on the day the
  301  authority denies the application. The applicant may cure the
  302  deficiencies identified by the authority and resubmit the
  303  application within 30 days after notice of the denial is sent to
  304  the applicant. The authority must approve or deny the revised
  305  application within 30 days after receipt or the application is
  306  deemed approved. Any subsequent review shall be limited to the
  307  deficiencies cited in the denial.
  308         10. An applicant seeking to collocate small wireless
  309  facilities within the jurisdiction of a single authority may, at
  310  the applicant’s discretion, file a consolidated application and
  311  receive a single permit for the collocation of no more than 30
  312  small wireless facilities. If the application includes multiple
  313  small wireless facilities, an authority may remove small
  314  wireless facility collocations from the application and treat
  315  separately small wireless facility collocations for which
  316  incomplete information has been received or which are denied.
  317         11. An authority may deny a proposed collocation of a small
  318  wireless facility in the public rights-of-way if the proposed
  319  collocation:
  320         a. Materially interferes with the safe operation of traffic
  321  control equipment.
  322         b. Materially interferes with sight lines or clear zones
  323  for transportation, pedestrians, or public safety purposes.
  324         c. Materially interferes with compliance with the Americans
  325  with Disabilities Act or similar federal or state standards
  326  regarding pedestrian access or movement.
  327         d. Materially fails to comply with the 2010 edition of the
  328  Florida Department of Transportation Utility Accommodation
  329  Manual.
  330         e. Fails to comply with applicable codes.
  331         12. An authority may adopt by ordinance provisions for
  332  registration, permitting, insurance coverage, indemnification,
  333  performance bonds, security funds, force majeure, abandonment,
  334  authority liability, or authority warranties. Such provisions
  335  must be reasonable and nondiscriminatory.
  336         13. Collocation of a small wireless facility on an
  337  authority utility pole may not provide the basis for the
  338  imposition of an ad valorem tax on the authority utility pole.
  339         14. An authority may reserve space on authority utility
  340  poles for future public safety uses. However, a reservation of
  341  space may not preclude collocation of a small wireless facility.
  342  If replacement of the authority utility pole is necessary to
  343  accommodate the collocation of the small wireless facility and
  344  the future public safety use, the pole replacement is subject to
  345  make-ready provisions, and the replaced pole shall accommodate
  346  the future public safety use.
  347         15. Any structure granted a permit and installed pursuant
  348  to this subsection must comply with chapter 333 and federal
  349  regulations pertaining to airport airspace protections.
  350         (e) An authority may not require approval of or impose fees
  351  or other charges for:
  352         1. Routine maintenance;
  353         2. Replacement of existing wireless facilities with
  354  wireless facilities that are substantially similar or of the
  355  same or smaller size; or
  356         3. Installation, placement, maintenance, or replacement of
  357  micro wireless facilities suspended on cables strung between
  358  existing utility poles in compliance with applicable codes by a
  359  communications service provider authorized to occupy the rights
  360  of-way and who is remitting taxes under chapter 202.
  361  
  362  However, notwithstanding this paragraph, an authority may
  363  require a right-of-way permit for work that involves excavation,
  364  closing a sidewalk, or closing a vehicular lane.
  365         (f) Collocation of small wireless facilities on authority
  366  utility poles is subject to the following requirements:
  367         1. An authority may not enter into an exclusive arrangement
  368  with any person for the right to attach equipment to authority
  369  utility poles.
  370         2. The rates and fees for collocations on authority utility
  371  poles must be nondiscriminatory, regardless of the services
  372  provided by the collocating person.
  373         3. The rate to collocate small wireless facilities on
  374  authority utility poles may not exceed $150 per pole annually.
  375         4. Agreements between authorities and wireless providers
  376  which are in effect on July 1, 2017, and which relate to the
  377  collocation of small wireless facilities in the right-of-way,
  378  including the collocation of small wireless facilities on
  379  authority utility poles, remain in effect, subject to applicable
  380  termination provisions. The wireless provider may accept the
  381  rates, fees, and terms established under this subsection for
  382  small wireless facilities and utility poles that are the subject
  383  of an application submitted after the rates, fees, and terms
  384  become effective.
  385         5. A person owning or controlling an authority utility pole
  386  shall offer rates, fees, and other terms that comply with this
  387  subsection. By the later of January 1, 2018, or 3 months after
  388  receiving a request to collocate its first small wireless
  389  facility on a utility pole owned or controlled by an authority,
  390  the person owning or controlling the authority utility pole
  391  shall make available, through ordinance or otherwise, rates,
  392  fees, and terms for the collocation of small wireless facilities
  393  on the authority utility pole which comply with this subsection.
  394         a. The rates, fees, and terms must be nondiscriminatory,
  395  competitively neutral, and must comply with this subsection.
  396         b. For an authority utility pole that supports an aerial
  397  facility used to provide communications services or electric
  398  service, the parties shall comply with the process for make
  399  ready work under 47 U.S.C. s. 224 and implementing regulations.
  400  The good faith estimate of the person owning or controlling the
  401  pole for any make-ready work necessary to enable the pole to
  402  support the requested collocation must include pole replacement
  403  if necessary.
  404         c. For an authority utility pole that does not support an
  405  aerial facility used to provide communications services or
  406  electric service, the authority shall provide a good faith
  407  estimate for any make-ready work necessary to enable the pole to
  408  support the requested collocation, including necessary pole
  409  replacement, within 60 days after receipt of a complete
  410  application. Make-ready work, including any pole replacement,
  411  must be completed within 60 days after written acceptance of the
  412  good faith estimate by the applicant. Alternatively, an
  413  authority may require the applicant seeking to collocate a small
  414  wireless facility to provide a make-ready estimate at the
  415  applicant’s expense for the work necessary to support the small
  416  wireless facility, including pole replacement, and to perform
  417  the make-ready work. If pole replacement is required, the scope
  418  of the make-ready estimate is limited to the design,
  419  fabrication, and installation of a utility pole that is
  420  substantially similar in color and composition. The authority
  421  may not impose conditions on or restrict the manner in which the
  422  applicant obtains, develops, or provides the estimate or
  423  conducts the make-ready work subject to usual construction
  424  restoration standards for work in the right-of-way. The replaced
  425  or altered utility pole shall remain the property of the
  426  authority.
  427         d. An authority may not require more make-ready work than
  428  is required to meet applicable codes or industry standards. Fees
  429  for make-ready work may not include costs related to preexisting
  430  damage or prior noncompliance. Fees for make-ready work,
  431  including any pole replacement, may not exceed actual costs or
  432  the amount charged to communications service providers other
  433  than wireless services providers for similar work and may not
  434  include any consultant fee or expense.
  435         (g) For any applications filed before the effective dates
  436  of ordinances implementing this subsection, an authority may
  437  apply current ordinances regulating the placement of
  438  communications facilities in the right-of-way, including
  439  registration, permitting, insurance coverage, indemnification,
  440  performance bonds, security funds, force majeure, abandonment,
  441  authority liability, or authority warranties. Permit application
  442  requirements and small wireless facility placement requirements,
  443  including utility pole height limits, which conflict with this
  444  subsection shall be waived by the authority.
  445         (h) Except as provided in this section or specifically
  446  required by state law, an authority may not adopt or enforce any
  447  regulation on the placement or operation of communications
  448  facilities in the rights-of-way by a provider authorized by
  449  state law to operate in the rights-of-way and may not regulate
  450  any communications services or impose or collect any tax, fee,
  451  or charge not specifically authorized under state law. This
  452  paragraph is not intended to change state law regarding an
  453  authority’s ability to regulate the relocation of facilities.
  454         (i) A wireless provider shall, in relation to a small
  455  wireless facility, utility pole, or wireless support structure
  456  in the public rights-of-way, comply with nondiscriminatory
  457  undergrounding requirements of the authority which prohibit
  458  above-ground structures in public rights-of-way. Any such
  459  requirements may be waived by the relevant authority.
  460         (j) A wireless infrastructure provider may apply to an
  461  authority to place utility poles in the public rights-of-way to
  462  support the collocation of small wireless facilities. The
  463  application must include an attestation that small wireless
  464  facilities will be collocated on the utility pole or structure
  465  and small wireless facilities will be used by a wireless
  466  services provider to provide service within 9 months from the
  467  date the application is granted. An authority shall accept and
  468  process the application in accordance with subparagraph (d)6.
  469  and any applicable codes and other local codes governing the
  470  placement of utility poles in the public rights-of-way.
  471         (k) This subsection does not limit a local government’s
  472  authority to enforce historic preservation zoning regulations
  473  consistent with the preservation of local zoning authority under
  474  47 U.S.C. s. 332(c)(7), the requirements for facility
  475  modifications under 47 U.S.C. s. 1455(a), or the National
  476  Historic Preservation Act of 1966, as amended, and the
  477  regulations adopted to implement these laws. An authority may
  478  enforce local codes, administrative rules, or regulations
  479  adopted by ordinance in effect on April 1, 2017, which are
  480  applicable to a historic area designated by the state or
  481  authority. An authority may enforce pending local ordinances,
  482  administrative rules, or regulations that are applicable to a
  483  historic area designated by the state if the intent to adopt
  484  such changes has been publicly declared on or before April 1,
  485  2017. An authority may waive any ordinances or other
  486  requirements that are subject to this paragraph.
  487         (l) This subsection does not authorize a person to
  488  collocate or attach wireless facilities, including any antenna,
  489  micro wireless facility, or small wireless facility, on a
  490  privately owned utility pole, a utility pole owned by an
  491  electric cooperative or a municipal electric utility, a
  492  privately owned wireless support structure, or other private
  493  property without the consent of the property owner.
  494         (m) The approval of the installation, placement,
  495  maintenance, or operation of a small wireless facility pursuant
  496  to this subsection may not be construed to authorize the
  497  provision of any voice, data, or video communications services
  498  or the installation, placement, maintenance, or operation of any
  499  communications facilities other than small wireless facilities
  500  in the right-of-way.
  501         (n) This subsection does not affect the provisions of
  502  subsection (6) relating to pass-through providers.
  503         (o) This subsection does not authorize a person to
  504  collocate or attach small wireless facilities or micro wireless
  505  facilities on a utility pole unless otherwise permitted by
  506  federal law, or to erect a wireless support structure in the
  507  right-of-way located within a retirement community that:
  508         1. Is deed-restricted as housing for older persons as
  509  defined in s. 760.29(4)(b);
  510         2. Has more than 5,000 residents; and
  511         3. Has underground utilities for electric transmission or
  512  distribution.
  513  
  514  Nothing in this paragraph applies to the installation,
  515  placement, maintenance, or replacement of micro wireless
  516  facilities on any existing and duly authorized aerial
  517  communications facilities, provided that once aerial facilities
  518  are converted to underground, any such collocation or
  519  construction shall be only as provided by the municipality’s
  520  underground utilities ordinance.
  521         (p) This subsection does not authorize a person to
  522  collocate or attach small wireless facilities or micro wireless
  523  facilities on a utility pole unless otherwise permitted by
  524  federal law, or to erect a wireless support structure in the
  525  right-of-way located within a municipality that:
  526         1. Is located on a coastal barrier island as defined in s.
  527  161.053(1)(b)3.;
  528         2. Has a land area of less than 5 square miles;
  529         3. Has fewer than 10,000 residents; and
  530         4. Which has, before July 1, 2017, received referendum
  531  approval to issue debt to finance municipality-wide
  532  undergrounding of its utilities for electric transmission or
  533  distribution.
  534  
  535  Nothing in this paragraph applies to the installation,
  536  placement, maintenance, or replacement of micro wireless
  537  facilities on any existing and duly authorized aerial
  538  communications facilities, provided that once aerial facilities
  539  are converted to underground, any such collocation or
  540  construction shall be only as provided by the municipality’s
  541  underground utilities ordinance.
  542         (q) This subsection does not authorize a person to
  543  collocate small wireless facilities or micro wireless facilities
  544  on an authority utility pole or erect a wireless support
  545  structure in a location subject to covenants, conditions, and
  546  restrictions; articles of incorporation; and bylaws of a home
  547  owners association. Nothing in this paragraph applies to the
  548  installation, placement, maintenance, or replacement of micro
  549  wireless facilities on any existing and duly authorized aerial
  550  communications facilities.
  551         Section 2. This act shall take effect July 1, 2017.