Bill Summary – FastDemocracy

       Florida Senate - 2022                                    SB 1752
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01723-22                                           20221752__
                      A bill to be entitled                      
       An act relating to communications services; amending
       s. 337.401, F.S.; removing certain communications
       services lines as items over which certain
       governmental entities are authorized to prescribe and
       enforce reasonable rules and regulations; removing
       time restrictions placed upon certain counties and
       municipalities for processing certain permit
       applications; removing provisions that specify
       limitations and prohibitions on municipalities and
       counties relating to registrations and renewals of
       communications services providers; removing provisions
       that authorize municipalities and counties to require
       certain information as part of a registration;
       removing provisions that prohibit municipalities and
       counties from requiring a payment of fees, costs, or
       charges for provider registration or renewal; removing
       provisions that prohibit municipalities and counties
       from adopting or enforcing certain ordinances,
       regulations, or requirements; removing limitations on
       municipal and county authority to regulate and manage
       municipal and county roads or rights-of-way; removing
       provisions that prohibit certain municipalities and
       counties from imposing permit fees; removing
       provisions that specify activities for which permit
       fees may not be imposed; removing the requirement that
       enforcement of certain ordinances must be suspended
       until certain conditions are met; removing a condition
       for certain in-kind compensation; revising items over
       which municipalities and counties may exercise
       regulatory control; removing provisions for
       requirements relating to right-of-way permits;
       removing provisions relating to municipal and county
       authority over pass-through providers; deleting
       references to, and administration and provisions of,
       the Advanced Wireless Infrastructure Deployment Act;
       removing a provision authorizing a civil action for
       specified violations; removing certain actions a court
       may take; removing provisions that require that work
       in certain authority rights-of-way must comply with a
       specified document; providing an effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1.âParagraph (a) of subsection (1), subsections (2)
and (3), paragraph (d) of subsection (6), and subsections (7),
(8), and (9) of section 337.401, Florida Statutes, are amended
to read:
       337.401âUse of right-of-way for utilities subject to
regulation; permit; fees.â
       (1)(a)âThe department and local governmental entities,
referred to in this section and in ss. 337.402, 337.403, and
337.404 as the âauthority,â that have jurisdiction and control
of public roads or publicly owned rail corridors are authorized
to prescribe and enforce reasonable rules or regulations with
reference to the placing and maintaining across, on, or within
the right-of-way limits of any road or publicly owned rail
corridors under their respective jurisdictions any electric
transmission, voice, telegraph, data, or other communications
services lines or wireless facilities; pole lines; poles;
railways; ditches; sewers; water, heat, or gas mains; pipelines;
fences; gasoline tanks and pumps; or other structures referred
to in this section and in ss. 337.402, 337.403, and 337.404 as
the âutility.â The department may enter into a permit-delegation
agreement with a governmental entity if issuance of a permit is
based on requirements that the department finds will ensure the
safety and integrity of facilities of the Department of
Transportation; however, the permit-delegation agreement does
not apply to facilities of electric utilities as defined in s.
366.02(2).
       (2)âThe authority may grant to any person who is a resident
of this state, or to any corporation which is organized under
the laws of this state or licensed to do business within this
state, the use of a right-of-way for the utility in accordance
with such rules or regulations as the authority may adopt. A
utility may not be installed, located, or relocated unless
authorized by a written permit issued by the authority. However,
for public roads or publicly owned rail corridors under the
jurisdiction of the department, a utility relocation schedule
and relocation agreement may be executed in lieu of a written
permit. The permit must require the permitholder to be
responsible for any damage resulting from the issuance of such
permit. The authority may initiate injunctive proceedings as
provided in s. 120.69 to enforce provisions of this subsection
or any rule or order issued or entered into pursuant thereto. A
permit application required under this subsection by a county or
municipality having jurisdiction and control of the right-of-way
of any public road must be processed and acted upon in
accordance with the timeframes provided in subparagraphs
(7)(d)7., 8., and 9.
       (3)(a)âBecause of the unique circumstances applicable to
providers of communications services, including, but not limited
to, the circumstances described in paragraph (e) and the fact
that federal and state law require the nondiscriminatory
treatment of providers of telecommunications services, and
because of the desire to promote competition among providers of
communications services, it is the intent of the Legislature
that municipalities and counties treat providers of
communications services in a nondiscriminatory and competitively
neutral manner when imposing rules or regulations governing the
placement or maintenance of communications facilities in the
public roads or rights-of-way. Rules or regulations imposed by a
municipality or county relating to providers of communications
services placing or maintaining communications facilities in its
roads or rights-of-way must be generally applicable to all
providers of communications services, taking into account the
distinct engineering, construction, operation, maintenance,
public works, and safety requirements of the providerâs
facilities, and, notwithstanding any other law, may not require
a provider of communications services to apply for or enter into
an individual license, franchise, or other agreement with the
municipality or county as a condition of placing or maintaining
communications facilities in its roads or rights-of-way. In
addition to other reasonable rules or regulations that a
municipality or county may adopt relating to the placement or
maintenance of communications facilities in its roads or rights
of-way under this subsection or subsection (7), a municipality
or county may require a provider of communications services that
places or seeks to place facilities in its roads or rights-of
way to register with the municipality or county. To register, a
provider of communications services may be required only to
provide its name; the name, address, and telephone number of a
contact person for the registrant; the number of the
registrantâs current certificate of authorization issued by the
Florida Public Service Commission, the Federal Communications
Commission, or the Department of State; a statement of whether
the registrant is a pass-through provider as defined in
subparagraph (6)(a)1.; the registrantâs federal employer
identification number; and any required proof of insurance or
self-insuring status adequate to defend and cover claims. A
municipality or county may not require a registrant to renew a
registration more frequently than every 5 years but may require
during this period that a registrant update the registration
information provided under this subsection within 90 days after
a change in such information. A municipality or county may not
require the registrant to provide an inventory of communications
facilities, maps, locations of such facilities, or other
information by a registrant as a condition of registration,
renewal, or for any other purpose; provided, however, that a
municipality or county may require as part of a permit
application that the applicant identify at-grade communications
facilities within 50 feet of the proposed installation location
for the placement of at-grade communications facilities. A
municipality or county may not require a provider to pay any
fee, cost, or other charge for registration or renewal thereof.
It is the intent of the Legislature that the placement,
operation, maintenance, upgrading, and extension of
communications facilities not be unreasonably interrupted or
delayed through the permitting or other local regulatory
process. Except as provided in this chapter or otherwise
expressly authorized by chapter 202, chapter 364, or chapter
610, a municipality or county may not adopt or enforce any
ordinance, regulation, or requirement as to the placement or
operation of communications facilities in a right-of-way by a
communications services provider authorized by state or local
law to operate in a right-of-way; regulate any communications
services; or impose or collect any tax, fee, cost, charge, or
exaction for the provision of communications services over the
communications services providerâs communications facilities in
a right-of-way.
       (b)âRegistration described in paragraph (a) does not
establish a right to place or maintain, or priority for the
placement or maintenance of, a communications facility in roads
or rights-of-way of a municipality or county. Each municipality
and county retains the authority to regulate and manage
municipal and county roads or rights-of-way in exercising its
police power, subject to the limitations imposed in this section
and chapters 202 and 610. Any rules or regulations adopted by a
municipality or county which govern the occupation of its roads
or rights-of-way by providers of communications services must be
related to the placement or maintenance of facilities in such
roads or rights-of-way, must be reasonable and
nondiscriminatory, and may include only those matters necessary
to manage the roads or rights-of-way of the municipality or
county.
       (c)âAny municipality or county that, as of January 1, 2019,
elected to require permit fees from any provider of
communications services that uses or occupies municipal or
county roads or rights-of-way pursuant to former paragraph (c)
or former paragraph (j), Florida Statutes 2018, may continue to
require and collect such fees. A municipality or county that
elected as of January 1, 2019, to require permit fees may elect
to forego such fees as provided herein. A municipality or county
that elected as of January 1, 2019, not to require permit fees
may not elect to impose permit fees. All fees authorized under
this paragraph must be reasonable and commensurate with the
direct and actual cost of the regulatory activity, including
issuing and processing permits, plan reviews, physical
inspection, and direct administrative costs; must be
demonstrable; and must be equitable among users of the roads or
rights-of-way. A fee authorized under this paragraph may not be
offset against the tax imposed under chapter 202; include the
costs of roads or rights-of-way acquisition or roads or rights
of-way rental; include any general administrative, management,
or maintenance costs of the roads or rights-of-way; or be based
on a percentage of the value or costs associated with the work
to be performed on the roads or rights-of-way. In an action to
recover amounts due for a fee not authorized under this
paragraph, the prevailing party may recover court costs and
attorney fees at trial and on appeal. In addition to the
limitations set forth in this section, a fee levied by a
municipality or charter county under this paragraph may not
exceed $100. However, permit fees may not be imposed with
respect to permits that may be required for service drop lines
not required to be noticed under s. 556.108(5) or for any
activity that does not require the physical disturbance of the
roads or rights-of-way or does not impair access to or full use
of the roads or rights-of-way, including, but not limited to,
the performance of service restoration work on existing
facilities, extensions of such facilities for providing
communications services to customers, and the placement of micro
wireless facilities in accordance with subparagraph (7)(e)3.
       1.âIf a municipality or charter county elects to not
require permit fees, the total rate for the local communications
services tax as computed under s. 202.20 for that municipality
or charter county may be increased by ordinance or resolution by
an amount not to exceed a rate of 0.12 percent.
       2.âIf a noncharter county elects to not require permit
fees, the total rate for the local communications services tax
as computed under s. 202.20 for that noncharter county may be
increased by ordinance or resolution by an amount not to exceed
a rate of 0.24 percent, to replace the revenue the noncharter
county would otherwise have received from permit fees for
providers of communications services.
       (d)âIn addition to any other notice requirements, a
municipality must provide to the Secretary of State, at least 10
days prior to consideration on first reading, notice of a
proposed ordinance governing a telecommunications company
placing or maintaining telecommunications facilities in its
roads or rights-of-way. In addition to any other notice
requirements, a county must provide to the Secretary of State,
at least 15 days prior to consideration at a public hearing,
notice of a proposed ordinance governing a telecommunications
company placing or maintaining telecommunications facilities in
its roads or rights-of-way. The notice required by this
paragraph must be published by the Secretary of State on a
designated Internet website. The failure of a municipality or
county to provide such notice does not render the ordinance
invalid, provided that enforcement of such ordinance must be
suspended until 30 days after the municipality or county
provides the required notice.
       (e)âThe authority of municipalities and counties to require
franchise fees from providers of communications services, with
respect to the provision of communications services, is
specifically preempted by the state because of unique
circumstances applicable to providers of communications services
when compared to other utilities occupying municipal or county
roads or rights-of-way. Providers of communications services may
provide similar services in a manner that requires the placement
of facilities in municipal or county roads or rights-of-way or
in a manner that does not require the placement of facilities in
such roads or rights-of-way. Although similar communications
services may be provided by different means, the state desires
to treat providers of communications services in a
nondiscriminatory manner and to have the taxes, franchise fees,
and other fees, costs, and financial or regulatory exactions
paid by or imposed on providers of communications services be
competitively neutral. Municipalities and counties retain all
existing authority, if any, to collect franchise fees from users
or occupants of municipal or county roads or rights-of-way other
than providers of communications services, and the provisions of
this subsection shall have no effect upon this authority. The
provisions of this subsection do not restrict the authority, if
any, of municipalities or counties or other governmental
entities to receive reasonable rental fees based on fair market
value for the use of public lands and buildings on property
outside the public roads or rights-of-way for the placement of
communications antennas and towers.
       (f)âExcept as expressly allowed or authorized by general
law and except for the rights-of-way permit fees subject to
paragraph (c), a municipality or county may not levy on a
provider of communications services a tax, fee, or other charge
or imposition for operat