Florida Senate - 2022 SB 1900 By Senator Torres 15-01682A-22 20221900__ Page 1 of 67 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to preemption to the state; amending 2 s. 106.08, F.S.; removing provisions which preempt 3 counties, municipalities, and other local governmental 4 entities from enacting or adopting any limitation or 5 restriction involving certain contributions and 6 expenditures, or establishing contribution limits 7 different than those established in the Florida 8 Election Code; amending s. 125.0103, F.S.; removing 9 provisions which require local governmental measures 10 imposing rent controls to expire within a specifi ed 11 time period unless such measures are extended or 12 renewed in accordance with law; amending s. 125.01055, 13 F.S.; removing provisions which require counties to 14 provide incentives to fully offset costs of certain 15 affordable housing contributions or linkage fees; 16 amending s. 125.421, F.S.; removing provisions which 17 require counties and entities of local government to 18 pay ad valorem taxes or fees under specified 19 conditions on certain telecommunications facilities; 20 removing a waiver of immunity on taxation of pr operty 21 for counties or entities of local government under 22 such circumstances; repealing s. 163.045, F.S., 23 relating to the pruning, trimming, or removal of trees 24 on residential property; repealing 163.211, F.S., 25 relating to licensing of occupations preempted to the 26 state; amending s. 163.31801, F.S.; removing 27 limitations on impact fee increases; repealing s. 28 163.3205, F.S., relating to a solar facility approval 29

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 2 of 67 CODING: Words stricken are deletions; words underlined are additions. process; amending s. 166.04151, F.S.; removing 30 provisions which require municipalities to provide 31 incentives to fully offset costs of certain affordable 32 housing contributions or linkage fees; amending s. 33 166.043, F.S.; removing provisions which require local 34 governmental measures that impose rent controls to 35 expire within a specified time period unless such 36 measures are extended or renewed in accordance with 37 law; amending s. 166.047, F.S.; removing provisions 38 which require municipalities and other entities of 39 local government to pay ad valorem taxes or fees under 40 specified conditions on certain telecommunications 41 facilities; amending s. 166.241, F.S.; removing 42 provisions authorizing specified elected officials to 43 file an appeal to the Administration Commission if the 44 governing body of a municipality makes a specified 45 reduction to the operating budget of the municipal law 46 enforcement agency; removing provisions requiring the 47 petition to contain specified information; removing 48 provisions requiring the Executive Office of the 49 Governor to conduct a budget hearing to consider the 50 matter and make findings and recommendations to the 51 Administration Commission; removing provisions 52 requiring the commission to approve, amend, or modify 53 the municipality’s budget; amending ss. 196.012, 54 199.183, and 212.08, F.S.; removing provisions that 55 prohibit certain property and use of two-way 56 telecommunications services under specified 57 circumstances from receiving certain tax exemptions; 58

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 3 of 67 CODING: Words stricken are deletions; words underlined are additions. repealing s. 218.077, F.S., relating to wage and 59 employment benefits requirements by political 60 subdivisions and restrictions thereon; amending s. 61 252.35, F.S.; removing limitations on the timeframe 62 for delegation of certain authorities by the Division 63 of Emergency Management; amending s. 252.38, F.S.; 64 removing requirements for the purpose and scope of 65 emergency orders; removing provisions on the aut omatic 66 expiration of emergency orders; removing provisions 67 authorizing the extension of emergency orders by a 68 majority vote of a governing body for a specified 69 duration; removing provisions authorizing the Governor 70 to invalidate certain emergency orders; removing 71 prohibitions on the issuance of certain emergency 72 orders; amending s. 252.46, F.S.; removing provisions 73 that a failure by a political subdivision to file 74 certain orders and rules with specified entities 75 within a specified timeframe voids the issued orders 76 or rules; repealing 311.25, F.S., relating to Florida 77 seaports and local ballot initiatives and referendums; 78 amending 331.502, F.S.; conforming a provision to 79 changes made by the act; amending s. 337.401, F.S.; 80 removing certain communications services lines as 81 items over which certain governmental entities are 82 authorized to prescribe and enforce reasonable rules 83 and regulations; removing time restrictions placed 84 upon certain counties and municipalities for 85 processing certain permit applications; removing 86 limitations and prohibitions on municipalities and 87

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 4 of 67 CODING: Words stricken are deletions; words underlined are additions. counties relating to registrations and renewals of 88 communications services providers; removing provisions 89 that authorize municipalities and counties to require 90 certain information as part of a registration; 91 removing provisions that prohibit municipalities and 92 counties from requiring a payment of fees, costs, or 93 charges for provider registration or renewal; removing 94 prohibitions against municipalities and counties 95 adopting or enforcing certain ordinances, rules, or 96 requirements; removing limitations on municipal and 97 county authority to regulate and manage municipal and 98 county roads or rights-of-way; removing provisions 99 that prohibit certain municipalities and counties from 100 imposing permit fees; removing provisions that specify 101 activities for which permit fees may not be imposed; 102 removing a requirement that enforcement of certain 103 ordinances be suspended until certain conditions are 104 met; removing a condition for certain in-kind 105 compensation; revising items over which municipalities 106 and counties may exercise regulatory control; removing 107 provisions for requirements relating to right-of-way 108 permits; removing provisions relating to municipal and 109 county authority over pass-through providers; removing 110 references to, and administration and provisions of, 111 the Advanced Wireless Infrastructure Deployment Act; 112 removing a provision authorizing a civil action for 113 specified violations; removing authorizations for a 114 court to take certain actions; removing provisions 115 requiring that work in certain authority rights-of-way 116

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 5 of 67 CODING: Words stricken are deletions; words underlined are additions. comply with a specified document; amending s. 350.81, 117 F.S.; removing procedures that must be followed by 118 governmental entities before providing communications 119 services; removing provisions relating to the us e of 120 certain revenues to issue bonds to finance 121 communications services; removing provisions which 122 provide certain procedures if revenues do not exceed 123 operating costs after a specified time period; 124 removing exemptions of certain governmental entities 125 from certain requirements relating to 126 telecommunications services; removing a provision 127 specifying that certain airport authorities or other 128 governmental entities are not exempt from certain 129 procedural requirements relating to telecommunications 130 services; repealing s. 366.032, F.S., relating to 131 preemption over utility service restrictions; 132 repealing s. 377.707, F.S., relating to express 133 preemption of fuel retailers and related 134 transportation infrastructure; amending s. 403.412, 135 F.S.; removing prohibitions against local governments 136 recognizing or granting certain legal rights to the 137 natural environment or granting such rights relating 138 to the natural environment to a person or political 139 subdivision; amending s. 403.7033, F.S.; removing the 140 prohibition against local laws relating to the 141 regulation of auxiliary containers, wrappings, and 142 disposable plastic bags; amending ss. 489.117, 143 489.1455, and 489.5335, F.S.; conforming provisions to 144 changes made by the act; amending s. 499.002, F.S.; 145

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 6 of 67 CODING: Words stricken are deletions; words underlined are additions. removing a provision that preempts the regulation of 146 over-the-counter proprietary drugs and cosmetics to 147 the state; repealing s. 500.90, F.S., relating to the 148 preemption of local laws relating to the use or sale 149 of polystyrene products to the Department of 150 Agriculture and Consumer Services; amending s. 151 790.251, F.S.; conforming a provision to changes made 152 by the act; repealing s. 569.0025, F.S., relating to 153 preemption of the regulation of tobacco products to 154 the state; repealing s. 569.315, F.S., relating to 155 preemption of the regulation of nicotine products to 156 the state; repealing s. 790.33, F.S., relating to the 157 preemption of the field of regulation of firearms and 158 ammunition to the Legislature, to the exclusion of 159 local jurisdictions; amending s. 570.07, F.S.; 160 removing provisions relating to the preemption of the 161 regulation of fertilizer to the state; repealing ch. 162 908, F.S, consisting of ss. 908.101, 908.102, 908.103, 163 908.104, 908.105, 908.106, 908.107, 908.108, and 164 908.109, F.S., relating to legislative findings and 165 intent,

definitions, a prohibition on sanctuary 166 policies, cooperation with federal immigration 167 authorities, duties relating to immigration detainers, 168 reimbursement of costs, enforcement, education 169 records, and a prohibition on discrimination, 170 respectively; providing a contingent effective date. 171 172 Be It Enacted by the Legislature of the State of Florida: 173 174

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 7 of 67 CODING: Words stricken are deletions; words underlined are additions.

Section 1. Subsection (11) of

section 106.08, Florida 175 Statutes, is amended to read: 176 106.08 Contributions; limitations on.— 177 (11)(

a) A county, a municipality, or any other local 178 governmental entity is expressly preempted from enacting or 179 adopting: 180 1. Contribution limits that differ from the limitations 181 established in subsection (1); 182 2. Any limitation or restriction involving contributions to 183 a political committee or an electioneering communications 184 organization; or 185 3. Any limitation or restriction on expenditures for an 186 electioneering communication or an independent expenditure. 187 (

b) Any existing or future limitation or restriction 188 enacted or adopted by a county, a municipality, or any other 189 local governmental entity which is in conflict with this 190 subsection is void. 191

Section 2. Subsection (3) and present subsection (6) of 192

section 125.0103, Florida Statutes, are amended to read: 193 125.0103 Ordinances and rules imposing price controls; 194 findings required; procedures.— 195

(3) Any law, ordinance, rule, or other measure which has 196 the effect of imposing controls on rents shall terminate and 197 expire within 1 year and shall not be extended or renewed except 198 by the adoption of a new measure meeting all the requirements of 199 this section. 200 (5)

(6) In any court action brought to challenge the 201 validity of rent control imposed pursuant to the provisions of 202 this section, the evidentiary effect of any findings or 203

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 8 of 67 CODING: Words stricken are deletions; words underlined are additions. recitations required by subsection (4) (5) shall be limited to 204 imposing upon any party challenging the validity of such measure 205 the burden of going forward with the evidence, and the burden of 206 proof (that is, the risk of nonpersuasion) shall rest upon any 207 party seeking to have the measure upheld. 208

Section 3. Subsection (4) of

section 125.01055, Florida 209 Statutes, is amended to read: 210 125.01055 Affordable housing.— 211

(4) In exchange for a developer fulfilling the requirements 212 of subsection (2) or, for residential or mixed-use residential 213 development, the requirements of subsection (3), a county must 214 provide incentives to fully offset all costs to the developer of 215 its affordable housing contribution or linkage fee. Such 216 incentives may include, but are not limited to: 217 (

a) Allowing the developer density or intensity bonus 218 incentives or more floor space than allowed under the current or 219 proposed future land use designation or zoning; 220 (

b) Reducing or waiving fees, such as impact fees or water 221 and sewer charges; or 222 (

c) Granting other incentives. 223

Section

Section 125.421, Florida Statutes, is amended to 224 read: 225 125.421 Telecommunications services.—A telecommunications 226 company that is a county or other entity of local government may 227 obtain or hold a certificate required by

chapter 364, and the 228 obtaining or holding of said certificate serves a public purpose 229 only if the county or other entity of local government: 230

(1) Separately accounts for the revenues, expenses, 231 property, and source of investment dollars associated with the 232

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 9 of 67 CODING: Words stricken are deletions; words underlined are additions. provision of such service; and 233

(2) Is subject, without exemption, to all local 234 requirements applicable to telecommunications companies; and 235

(3) Notwithstanding any other provision of law, pays, on 236 its telecommunications facilities used to provide two -way 237 telecommunication services to the public for hire and for which 238 a certificate is required under

chapter 364, ad valorem taxes, 239 or fees in amounts equal thereto, to any taxing jurisdiction in 240 which the county or other entity of local government operates. 241 Any entity of local government may pay and impose such ad 242 valorem taxes or fees. Any immunity of any county or other 243 entity of local government from taxation of the property taxed 244 by this

section is hereby waived. 245 246 This

section does not apply to the provision of 247 telecommunications services for internal operational needs of a 248 county or other entity of local government. This

section does 249 not apply to the provision of internal information services, 250 including, but not limited to, tax records, engineering records, 251 and property records, by a county or other entity of local 252 government to the public for a fee. 253

Section

Section 163.045, Florida Statutes, is repealed. 254

Section

Section 163.211, Florida Statutes, is repealed. 255

Section 7. Subsection (6) of

section 163.31801, Florida 256 Statutes, is amended to read: 257 163.31801 Impact fees;

short title; intent; minimum 258 requirements; audits; challenges.— 259

(6) A local government, school district, or special 260 district may increase an impact fee only as provided in this 261

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 10 of 67 CODING: Words stricken are deletions; words underlined are additions. subsection. 262 (

a) An impact fee may be increased only pursuant to a plan 263 for the imposition, collection, and use of the increased impact 264 fees which complies with this section. 265 (

b) An increase to a current impact fee rate of not more 266 than 25 percent of the current rate must be implemented in two 267 equal annual increments beginning with the date on which the 268 increased fee is adopted. 269 (

c) An increase to a current impact fee rate which exceeds 270 25 percent but is not more than 50 percent of the current rate 271 must be implemented in four equal installments beginning with 272 the date the increased fee is adopted. 273 (

d) An impact fee increase may not exceed 50 percent of the 274 current impact fee rate. 275 (

e) An impact fee may not be increased more than once every 276 4 years. 277 (

f) An impact fee may not be increased retroactively for a 278 previous or current fiscal or calendar year. 279 (

g) A local government, school district, or special 280 district may increase an impact fee rate beyond the phase -in 281 limitations established under paragraph (b), paragraph (c), 282 paragraph (d), or paragraph (

e) by establishing the need for 283 such increase in full compliance with the requirements of 284 subsection (4), provided the following criteria are met: 285 1. A demonstrated-need study justifying any increase in 286 excess of those authorized in paragraph (b), paragraph (c), 287 paragraph (d), or paragraph (

e) has been completed within t he 12 288 months before the adoption of the impact fee increase and 289 expressly demonstrates the extraordinary circumstances 290

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 11 of 67 CODING: Words stricken are deletions; words underlined are additions. necessitating the need to exceed the phase-in limitations. 291 2. The local government jurisdiction has held not less than 292 two publicly noticed workshops dedicated to the extraordinary 293 circumstances necessitating the need to exceed the phase -in 294 limitations set forth in paragraph (b), paragraph (c), paragraph 295 (d), or paragraph (e). 296 3. The impact fee increase ordinance is approved by at 297 least a two-thirds vote of the governing body. 298 (

h) This subsection operates retroactively to January 1, 299 2021. 300

Section

Section 163.3205, Florida Statutes, is repealed. 301

Section 9. Subsection (4) of

section 166.04151, Florida 302 Statutes, is amended to read: 303 166.04151 Affordable housing.— 304

(4) In exchange for a developer fulfilling the requirements 305 of subsection (2) or, for residential or mixed-use residential 306 development, the requirements of subsection (3), a municipality 307 must provide incentives to fully offset all costs to the 308 developer of its affordable housing contribution or linkage fee. 309 Such incentives may include, but are not limited to: 310 (

a) Allowing the developer density or intensity bonus 311 incentives or more floor space than allowed under the curren t or 312 proposed future land use designation or zoning; 313 (

b) Reducing or waiving fees, such as impact fees or water 314 and sewer charges; or 315 (

c) Granting other incentives. 316

Section 10. Subsection (3) and present subsection (6) of 317

section 166.043, Florida Statutes, are amended to read: 318 166.043 Ordinances and rules imposing price controls; 319

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 12 of 67 CODING: Words stricken are deletions; words underlined are additions. findings required; procedures.— 320

(3) Any law, ordinance, rule, or other measure which has 321 the effect of imposing controls on rents shall terminate and 322 expire within 1 year and shall not be extended or renewed except 323 by the adoption of a new measure meeting all the requirements of 324 this section. 325 (5)

(6) In any court action brought to challenge the 326 validity of rent control imposed pursuant to the provisions of 327 this section, the evidentiary effect of any findings or 328 recitations required by subsection (4) (5) shall be limited to 329 imposing upon any party challenging the validity of such measure 330 the burden of going forward with the evidence, and the burden of 331 proof (that is, the risk of nonpersuasion) shall rest upon any 332 party seeking to have the measure upheld. 333

Section

Section 166.047, Florida Statutes, is amended 334 to read: 335 166.047 Telecommunications services.—A telecommunications 336 company that is a municipality or other entity of local 337 government may obtain or hold a certificate required by

chapter 338 364, and the obtaining or holding of said certificate serves a 339 municipal or public purpose under the provision of s. 2(b), Art. 340 VIII of the State Constitution, only if the municipality or 341 other entity of local government: 342

(1) Separately accounts for the revenues, expenses, 343 property, and source of investment dollars associated with the 344 provision of such services; and 345

(2) Is subject, without exemption, to all local 346 requirements applicable to telecommunications companies; and 347

(3) Notwithstanding any other provision of law, pays, on 348

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 13 of 67 CODING: Words stricken are deletions; words underlined are additions. its telecommunications facilities used to provide two -way 349 telecommunications services to the public for hire and for which 350 a certificate is required pursuant to

chapter 364, ad valorem 351 taxes, or fees in amounts equal thereto, to any taxing 352 jurisdiction in which the municipality or other entity of local 353 government operates. Any entity of local government may pay and 354 impose such ad valorem taxes or fees. 355 356 This

section does not apply to the provision of 357 telecommunications services for internal operational needs of a 358 municipality or other entity of local government. This

section 359 does not apply to the provision of internal information 360 services, including, but not limited to, tax records, 361 engineering records, and property records, by a municipality or 362 other entity of local government to the public for a fee. 363

Section 12. Subsections (4), (5), and (8) of

section 364 166.241, Florida Statutes, are amended to read: 365 166.241 Fiscal years, budgets, appeal of municipal law 366 enforcement agency budget, and budget amendments. — 367 (4)(

a) If the tentative budget of a municipality contains a 368 funding reduction to the operating budget of the municipal law 369 enforcement agency, the state attorney for the judicial circuit 370 in which the municipality is located, or a member of the 371 governing body who objects to the funding reduction, may file an 372 appeal by petition to the Administration Commission within 30 373 days after the day the tentative budget is posted to th e 374 official website of the municipality under subsection (3). The 375 petition must set forth the tentative budget proposed by the 376 municipality, in the form and manner prescribed by the Executive 377

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 14 of 67 CODING: Words stricken are deletions; words underlined are additions. Office of the Governor and approved by the Administration 378 Commission, the operating budget of the municipal law 379 enforcement agency as approved by the municipality for the 380 previous year, and state the reasons or grounds for the appeal. 381 The petition shall be filed with the Executive Office of the 382 Governor and a copy served upon the governing body of the 383 municipality or to the clerk of the circuit court of the county 384 in which the municipality is located. 385 (

b) The governing body of the municipality has 5 working 386 days after service of a copy of the petition to file a reply 387 with the Executive Office of the Governor and shall serve a copy 388 of such reply to the petitioner. 389

(5) Upon receipt of the petition, the Executive Office of 390 the Governor shall provide for a budget hearing at which the 391 matters presented in the petition and the reply shall be 392 considered. A report of the findings and recommendations of the 393 Executive Office of the Governor thereon shall be promptly 394 submitted to the Administration Commission, which, within 30 395 days, shall approve the action of the governing body of t he 396 municipality or amend or modify the budget as to each separate 397 item within the operating budget of the municipal law 398 enforcement agency. The budget as approved, amended, or modified 399 by the Administration Commission shall be final. 400 (6)

(8) If the governing body of a municipality amends the 401 budget pursuant to paragraph (5)(c) (7)(c), the adopted 402 amendment must be posted on the official website of the 403 municipality within 5 days after adoption and must remain on the 404 website for at least 2 years. If the municipality does not 405 operate an official website, the municipality must, within a 406

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 15 of 67 CODING: Words stricken are deletions; words underlined are additions. reasonable period of time as established by the county or 407 counties in which the municipality is located, transmit the 408 adopted amendment to the manager or administrator of such cou nty 409 or counties who shall post the adopted amendment on the county’s 410 website. 411

Section 13. Subsection (6) of

section 196.012, Florida 412 Statutes, is amended to read: 413 196.012

Definitions.—For the purpose of this chapter, the 414 following terms are defined as follows, except where the context 415 clearly indicates otherwise: 416

(6) Governmental, municipal, or public purpose or function 417 shall be deemed to be served or performed when the lessee under 418 any leasehold interest created in property of the United States, 419 the state or any of its political subdivisions, or any 420 municipality, agency, special district, authority, or other 421 public body corporate of the state is demonstrated to perform a 422 function or serve a governmental purpose which could properly be 423 performed or served by an appropriate governmental unit or which 424 is demonstrated to perform a function or serve a purpose which 425 would otherwise be a valid subject for the allocation of public 426 funds.

For purposes of the preceding sentence, an activity 427 undertaken by a lessee which is permitted under the terms of its 428 lease of real property designated as an aviation area on an 429 airport layout plan which has been approved by the Federal 430 Aviation Administration and which real property is used for the 431 administration, operation, business offices and activities 432 related specifically thereto in connection with the conduct of 433 an aircraft full service fixed base operation which provides 434 goods and services to the general aviation public in the 435

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 16 of 67 CODING: Words stricken are deletions; words underlined are additions. promotion of air commerce shall be deemed an activity which 436 serves a governmental, municipal, or public purpose or function. 437 Any activity undertaken by a lessee which is permitted under the 438 terms of its lease of real property designated as a public 439 airport as defined in s. 332.004(14) by municipalitie s, 440 agencies, special districts, authorities, or other public bodies 441 corporate and public bodies politic of the state, a spaceport as 442 defined in s. 331.303, or which is located in a deepwater port 443 identified in s. 403.021(9)(

b) and owned by one of the foreg oing 444 governmental units, subject to a leasehold or other possessory 445 interest of a nongovernmental lessee that is deemed to perform 446 an aviation, airport, aerospace, maritime, or port purpose or 447 operation shall be deemed an activity that serves a 448 governmental, municipal, or public purpose.

The use by a lessee, 449 licensee, or management company of real property or a portion 450 thereof as a convention center, visitor center, sports facility 451 with permanent seating, concert hall, arena, stadium, park, or 452 beach is deemed a use that serves a governmental, municipal, or 453 public purpose or function when access to the property is open 454 to the general public with or without a charge for admission. If 455 property deeded to a municipality by the United States is 456 subject to a requirement that the Federal Government, through a 457

schedule established by the Secretary of the Interior, determine 458 that the property is being maintained for public historic 459 preservation, park, or recreational purposes and if those 460 conditions are not met the property will revert back to the 461 Federal Government, then such property shall be deemed to serve 462 a municipal or public purpose. The term “governmental purpose” 463 also includes a direct use of property on federal lands in 464

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 17 of 67 CODING: Words stricken are deletions; words underlined are additions. connection with the Federal Government’s Space Exploration 465 Program or spaceport activities as defined in s. 212.02(22). 466 Real property and tangible personal property owned by the 467 Federal Government or Space Florida and used for defense and 468 space exploration purposes or which is put to a use in su pport 469 thereof shall be deemed to perform an essential national 470 governmental purpose and shall be exempt. “Owned by the lessee” 471 as used in this

chapter does not include personal property, 472 buildings, or other real property improvements used for the 473 administration, operation, business offices and activities 474 related specifically thereto in connection with the conduct of 475 an aircraft full service fixed based operation which provides 476 goods and services to the general aviation public in the 477 promotion of air commerce provided that the real property is 478 designated as an aviation area on an airport layout plan 479 approved by the Federal Aviation Administration.

For purposes of 480 determination of “ownership,” buildings and other real property 481 improvements which will revert to the airport authority or other 482 governmental unit upon expiration of the term of the lease shall 483 be deemed “owned” by the governmental unit and not the lessee. 484 Providing two-way telecommunications services to the public for 485 hire by the use of a telecommunications facility, as defined in 486 s. 364.02(14), and for which a certificate is required under 487

chapter 364 does not constitute an exempt use for purposes of s. 488 196.199, unless the telecommunications services are provided by 489 the operator of a public-use airport, as defined in s. 332.004, 490 for the operator’s provision of telecommunications services for 491 the airport or its tenants, concessionaires, or licensees, or 492 unless the telecommunications services are provided by a public 493

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 18 of 67 CODING: Words stricken are deletions; words underlined are additions. hospital. 494

Section 14. Subsection (1) of

section 199.183, Florida 495 Statutes, is amended to read: 496 199.183 Taxpayers exempt from nonrecurring taxes.— 497

(1) Intangible personal property owned by this state or any 498 of its political subdivisions or municipalities shall be exempt 499 from taxation under this chapter. This exemption does not apply 500 to: 501 (

a) Any leasehold or other interest that is described in s. 502 199.023(1)(d), Florida Statutes 2005; or 503 (

b) Property related to the provision of two-way 504 telecommunications services to the public for hire by the use of 505 a telecommunications facility, as defined in s. 364.02(14), and 506 for which a certificate is required under

chapter 364, when the 507 service is provided by any county, municipality, or other 508 political subdivision of the state. Any immunity of any 509 political subdivision of the state or other entity of local 510 government from taxation of the property used to provide 511 telecommunication services that is taxed as a result of this 512 paragraph is hereby waived.

However, Intangible personal 513 property related to the provision of telecommunications services 514 provided by the operator of a public-use airport, as defined in 515 s. 332.004, for the operator’s provision of telecommunications 516 services for the airport or its tenants, concessionaires, or 517 licensees, and intangible personal property related to the 518 provision of telecommunications services provided by a public 519 hospital, are exempt from taxation under this chapter. 520

Section 15. Paragraph (

a) of subsection (6) of

section 521 212.08, Florida Statutes, is amended to read: 522

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 19 of 67 CODING: Words stricken are deletions; words underlined are additions. 212.08 Sales, rental, use, consumption, distribution, and 523 storage tax; specified exemptions.—The sale at retail, the 524 rental, the use, the consumption, the distribution, and the 525 storage to be used or consumed in this state of the following 526 are hereby specifically exempt from the tax imposed by this 527 chapter. 528

(6) EXEMPTIONS; POLITICAL SUBDIVISIONS.— 529 (

a) There are also exempt from the tax imposed by this 530

chapter sales made to the United States Government, a state, or 531 any county, municipality, or political subdivision o f a state 532 when payment is made directly to the dealer by the governmental 533 entity. This exemption shall not inure to any transaction 534 otherwise taxable under this

chapter when payment is made by a 535 government employee by any means, including, but not limited to, 536 cash, check, or credit card when that employee is subsequently 537 reimbursed by the governmental entity.

This exemption does not 538 include sales, rental, use, consumption, or storage for use in 539 any political subdivision or municipality in this state of 540 machines and equipment and parts and accessories therefor used 541 in the generation, transmission, or distribution of electrical 542 energy by systems owned and operated by a political subdivision 543 in this state for transmission or distribution expansion. 544 Likewise exempt are charges for services rendered by radio and 545 television stations, including line charges, talent fees, or 546 license fees and charges for films, videotapes, and 547 transcriptions used in producing radio or television broadcasts. 548 The exemption provided in this subsection does not include 549 sales, rental, use, consumption, or storage for use in any 550 political subdivision or municipality in this state of machines 551

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 20 of 67 CODING: Words stricken are deletions; words underlined are additions. and equipment and parts and accessories therefor used in 552 providing two-way telecommunications services to the public for 553 hire by the use of a telecommunications facility, as defined in 554 s. 364.02(14), and for which a certificate is required under 555

chapter 364, which facility is owned and operated by any county, 556 municipality, or other political subdivision of the state. Any 557 immunity of any political subdivision of the state or other 558 entity of local government from taxation of the property used to 559 provide telecommunication services that is taxed as a result of 560 this

section is hereby waived. However, the exemption provided 561 in this subsection includes transactions taxable under this 562

chapter which are for use by the operator of a public -use 563 airport, as defined in s. 332.004, in providing such 564 telecommunications services for the airport or its tenants, 565 concessionaires, or licensees, or which are for use by a public 566 hospital for the provision of such telecommunications services. 567

Section

Section 218.077, Florida Statutes, is repealed. 568

Section 17. Paragraph (

w) of subsection (2) of

section 569 252.35, Florida Statutes, is amended to read: 570 252.35 Emergency management powers; Division of Emergency 571 Management.— 572

(2) The division is responsible for carrying out the 573 provisions of ss. 252.31-252.90. In performing its duties, the 574 division shall: 575 (

w) Delegate, as necessary and appropriate, authority 576 vested in it under ss. 252.31-252.90 and provide for the 577 subdelegation of such authority. The duration of each such 578 delegation or subdelegation during an emergency may not exceed 579 60 days; however, a delegation or subdelegation may be renewed 580

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 21 of 67 CODING: Words stricken are deletions; words underlined are additions. during the emergency, as necessary. 581

Section 18. Subsection (4) of

section 252.38, Florida 582 Statutes, is amended to read: 583 252.38 Emergency management powers of political 584 subdivisions.—Safeguarding the life and property of its citizens 585 is an innate responsibility of the governing body of each 586 political subdivision of the state. 587

(4) EXPIRATION AND EXTENSION OF EMERGENCY ORDERS.— 588 (

a) As used in this subsection, the term “emergency order” 589 means an order or ordinance issued or enacted by a political 590 subdivision in response to an emergency pursuant to this

chapter 591 or

chapter 381 that limits the rights or liberties of 592 individuals or businesses within the political subdivision. The 593 term does not apply to orders issued in response to hurricanes 594 or other weather-related emergencies. 595 (

b) It is the intent of the Legislature to minimize the 596 negative effects of an emergency order issued by a political 597 subdivision. Notwithstanding any other law, an emergency order 598 issued by a political subdivision must be narrow ly tailored to 599 serve a compelling public health or safety purpose. Any such 600 emergency order must be limited in duration, applicability, and 601 scope in order to reduce any infringement on individual rights 602 or liberties to the greatest extent possible. 603 (

c) An emergency order automatically expires 7 days after 604 issuance but may be extended by a majority vote of the governing 605 body of the political subdivision, as necessary, in 7 -day 606 increments for a total duration of not more than 42 days. 607 (

d) The Governor may, at any time, invalidate an emergency 608 order issued by a political subdivision if the Governor 609

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 22 of 67 CODING: Words stricken are deletions; words underlined are additions. determines that such order unnecessarily restricts individual 610 rights or liberties. 611 (

e) Upon the expiration of an emergency order, a political 612 subdivision may not issue a substantially similar order. 613

Section 19. Subsection (2) of

section 252.46, Florida 614 Statutes, is amended to read: 615 252.46 Orders and rules.— 616

(2) All orders and rules adopted by the division or any 617 political subdivision or other agency authorized by ss . 252.31-618 252.90 to make orders and rules have full force and effect of 619 law after adoption in accordance with

chapter 120 in the event 620 of issuance by the division or any state agency or, if adopted 621 by a political subdivision of the state or agency thereof, when 622 filed in the office of the clerk or recorder of the political 623 subdivision or agency adopting the same. Failure of a political 624 subdivision to file any such order or rule with the office of 625 the clerk or recorder within 3 days after issuance voids the 626 order or rule. All existing laws, ordinances, and rules 627 inconsistent with ss. 252.31-252.90, or any order or rule issued 628 under the authority of ss. 252.31-252.90, must be suspended 629 during the period of time and to the extent that such conflict 630 exists. 631

Section

Section 311.25, Florida Statutes, is repealed. 632

Section 21. Paragraph (

b) of subsection (1) of

section 633 331.502, Florida Statutes, is amended to read: 634 331.502 Recovery of spaceflight assets.— 635

(1) As used in this section, the term: 636 (b) “Law enforcement agency” has the same meaning as 637 provided in s. 908.102. 638

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 23 of 67 CODING: Words stricken are deletions; words underlined are additions.

Section 22. Paragraph (

a) of subsection (1), subsections 639 (2) and (3), paragraph (

d) of subsection (6), and subsections 640 (7), (8), and (9) of

section 337.401, Florida Statutes, are 641 amended to read: 642 337.401 Use of right-of-way for utilities subject to 643 regulation; permit; fees.— 644 (1)(

a) The department and local governmental entities, 645 referred to in this

section and in ss. 337.402, 337.403, and 646 337.404 as the “authority,” that have jurisdiction and control 647 of public roads or publicly owned rail corridors are authorized 648 to prescribe and enforce reasonable rules or regulations with 649 reference to the placing and maintaining across, on, or within 650 the right-of-way limits of any road or publicly owned rail 651 corridors under their respective jurisdictions any electric 652 transmission, voice, telegraph, data, or other communications 653 services lines or wireless facilities; pole lines; poles; 654 railways; ditches; sewers; water, heat, or gas mains; pipelines; 655 fences; gasoline tanks and pumps; or other structures referred 656 to in this

section and in ss. 337.402, 337.403, and 337.404 as 657 the “utility.” The department may enter into a permit -delegation 658 agreement with a governmental entity if issuance of a permit is 659 based on requirements that the department finds will ensure the 660 safety and integrity of facilities of the Department of 661 Transportation; however, the permit-delegation agreement does 662 not apply to facilities of electric utilities as defined in s. 663 366.02(2). 664

(2) The authority may grant to any person who is a resident 665 of this state, or to any corporation which is organized under 666 the laws of this state or licensed to do business within this 667

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 24 of 67 CODING: Words stricken are deletions; words underlined are additions. state, the use of a right-of-way for the utility in accordance 668 with such rules or regulations as the authority may adopt. A 669 utility may not be installed, located, or relocated unless 670 authorized by a written permit issued by the authority. However, 671 for public roads or publicly owned rail corridors under the 672 jurisdiction of the department, a utility relocation

schedule 673 and relocation agreement may be executed in lieu of a written 674 permit. The permit must require the permitholder to be 675 responsible for any damage resulting from the issuance of such 676 permit. The authority may initiate injunctive proceedings as 677 provided in s. 120.69 to enforce provisions of this subsection 678 or any rule or order issued or entered into pursuant thereto. A 679 permit application required under this subsection by a county or 680 municipality having jurisdiction and control of the right -of-way 681 of any public road must be processed and acted upon in 682 accordance with the timeframes provided in subparagraphs 683 (7)(d)7., 8., and 9. 684 (3)(

a) Because of the unique circumstances applicable to 685 providers of communications services, including, but not limited 686 to, the circumstances described in paragraph (

e) and the fact 687 that federal and state law require the nondiscriminatory 688 treatment of providers of telecommunications services, and 689 because of the desire to promote competition among providers of 690 communications services, it is the intent of the Legislature 691 that municipalities and counties treat providers of 692 communications services in a nondiscriminatory and competitively 693 neutral manner when imposing rules or regulations governing the 694 placement or maintenance of communications facilities in the 695 public roads or rights-of-way. Rules or regulations imposed by a 696

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 25 of 67 CODING: Words stricken are deletions; words underlined are additions. municipality or county relating to providers of communications 697 services placing or maintaining communications facilities in its 698 roads or rights-of-way must be generally applicable to all 699 providers of communications services, taking into account the 700 distinct engineering, construction, operation, maintenance, 701 public works, and safety requirements of the provider’s 702 facilities, and, notwithstanding any other law, may not require 703 a provider of communications services to apply for or enter in to 704 an individual license, franchise, or other agreement with the 705 municipality or county as a condition of placing or maintaining 706 communications facilities in its roads or rights -of-way.

In 707 addition to other reasonable rules or regulations that a 708 municipality or county may adopt relating to the placement or 709 maintenance of communications facilities in its roads or rights -710 of-way under this subsection or subsection (7), a municipality 711 or county may require a provider of communications services that 712 places or seeks to place facilities in its roads or rights-of-713 way to register with the municipality or county .

To register, a 714 provider of communications services may be required only to 715 provide its name; the name, address, and telephone number of a 716 contact person for the registrant; the number of the 717 registrant’s current certificate of authorization issued by the 718 Florida Public Service Commission, the Federal Communications 719 Commission, or the Department of State; a statement of whether 720 the registrant is a pass-through provider as defined in 721 subparagraph (6)(a)1.; the registrant’s federal employer 722 identification number; and any required proof of insurance or 723 self-insuring status adequate to defend and cover claims.

A 724 municipality or county may not require a registrant to renew a 725

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 26 of 67 CODING: Words stricken are deletions; words underlined are additions. registration more frequently than every 5 years but may require 726 during this period that a registrant update the registration 727 information provided under this subsection within 90 days after 728 a change in such information.

A municipality or county may not 729 require the registrant to provide an inventory of communications 730 facilities, maps, locations of such facilities, or other 731 information by a registrant as a condition of registration, 732 renewal, or for any other purpose; provided, however, that a 733 municipality or county may require as part of a permit 734 application that the applicant identify at-grade communications 735 facilities within 50 feet of the proposed installation location 736 for the placement of at-grade communications facilities.

A 737 municipality or county may not require a provider to pay any 738 fee, cost, or other charge for registration or renewal thereof. 739 It is the intent of the Legislature that the placement, 740 operation, maintenance, upgrading, and extension of 741 communications facilities not be unreasonably interrupted or 742 delayed through the permitting or other local regulatory 743 process. Except as provided in this

chapter or otherwise 744 expressly authorized by

chapter 202,

chapter 364, or

chapter 745 610, a municipality or county may not adopt or enforce any 746 ordinance, regulation, or requirement as to the placement or 747 operation of communications facilities in a right -of-way by a 748 communications services provider authorized by state or local 749 law to operate in a right-of-way; regulate any communications 750 services; or impose or collect any tax, fee, cost, charge, or 751 exaction for the provision of communications services over the 752 communications services provider’s communications facilities in 753 a right-of-way. 754

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 27 of 67 CODING: Words stricken are deletions; words underlined are additions. (

b) Registration described in paragraph (

a) does not 755 establish a right to place or maintain, or priority for the 756 placement or maintenance of, a communications facility in roads 757 or rights-of-way of a municipality or county. Each municipality 758 and county retains the authority to regulate and manage 759 municipal and county roads or rights-of-way in exercising its 760 police power, subject to the limitations imposed in this

section 761 and chapters 202 and 610. Any rules or regulations adopted by a 762 municipality or county which govern the occupation of its roads 763 or rights-of-way by providers of communications services must be 764 related to the placement or maintenance of facilities in such 765 roads or rights-of-way, must be reasonable and 766 nondiscriminatory, and may include only those matters necessary 767 to manage the roads or rights-of-way of the municipality or 768 county. 769 (

c) Any municipality or county that, as of January 1, 2019, 770 elected to require permit fees from any provider of 771 communications services that uses or occupies municipal or 772 county roads or rights-of-way pursuant to former paragraph (c) 773 or former paragraph (j), Florida Statutes 2018, may continue to 774 require and collect such fees. A municipality or county that 775 elected as of January 1, 2019, to require permit fees may elect 776 to forego such fees as provided herein.

A municipality or county 777 that elected as of January 1, 2019, not to require permit fees 778 may not elect to impose permit fees. All fees authorized under 779 this paragraph must be reasonable and commensurate with the 780 direct and actual cost of the regulatory activity, including 781 issuing and processing permits, plan reviews, physical 782 inspection, and direct administrative costs; must be 783

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 28 of 67 CODING: Words stricken are deletions; words underlined are additions. demonstrable; and must be equitable among users of the roads or 784 rights-of-way. A fee authorized under this paragraph may not be 785 offset against the tax imposed under

chapter 202; include the 786 costs of roads or rights-of-way acquisition or roads or rights-787 of-way rental; include any general administrative, management, 788 or maintenance costs of the roads or rights-of-way; or be based 789 on a percentage of the value or costs associated with the work 790 to be performed on the roads or rights-of-way. In an action to 791 recover amounts due for a fee not authorized under this 792 paragraph, the prevailing party may recover court costs and 793 attorney fees at trial and on appeal.

In additi on to the 794 limitations set forth in this section, a fee levied by a 795 municipality or charter county under this paragraph may not 796 exceed $100.

However, permit fees may not be imposed with 797 respect to permits that may be required for service drop lines 798 not required to be noticed under s. 556.108(5) or for any 799 activity that does not require the physical disturbance of the 800 roads or rights-of-way or does not impair access to or full use 801 of the roads or rights-of-way, including, but not limited to, 802 the performance of service restoration work on existing 803 facilities, extensions of such facilities for providing 804 communications services to customers, and the placement of micro 805 wireless facilities in accordance with subparagraph (7)(e)3 . 806 1.

If a municipality or charter county elects to not 807 require permit fees, the total rate for the local communications 808 services tax as computed under s. 202.20 for that municipality 809 or charter county may be increased by ordinance or resolution by 810 an amount not to exceed a rate of 0.12 percent. 811 2. If a noncharter county elects to not require permit 812

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 29 of 67 CODING: Words stricken are deletions; words underlined are additions. fees, the total rate for the local communications services tax 813 as computed under s. 202.20 for that noncharter county may be 814 increased by ordinance or resolution by an amount not to exceed 815 a rate of 0.24 percent, to replace the revenue the noncharter 816 county would otherwise have received from permit fees for 817 providers of communications services. 818 (

d) In addition to any other notice requirements, a 819 municipality must provide to the Secretary of State, at least 10 820 days prior to consideration on first reading, notice of a 821 proposed ordinance governing a telecommunications company 822 placing or maintaining telecommunications facilities in its 823 roads or rights-of-way.

In addition to any other notice 824 requirements, a county must provide to the Secretary of State, 825 at least 15 days prior to consideration at a public hearing, 826 notice of a proposed ordinance governing a telecommunications 827 company placing or maintaining telecommunications facilities in 828 its roads or rights-of-way. The notice required by this 829 paragraph must be published by the Secretary of State on a 830 designated Internet website.

The failure of a municipality or 831 county to provide such notice does not render the ordinance 832 invalid, provided that enforcement of such ordinance must be 833 suspended until 30 days after the municipality or county 834 provides the required notice. 835 (

e) The authority of municipalities and counties to require 836 franchise fees from providers of communications services, with 837 respect to the provision of communications services, is 838 specifically preempted by the state because of unique 839 circumstances applicable to providers of communications services 840 when compared to other utilities occupying municipal or county 841

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 30 of 67 CODING: Words stricken are deletions; words underlined are additions. roads or rights-of-way. Providers of communications services may 842 provide similar services in a manner that requires the placement 843 of facilities in municipal or county roads or rights -of-way or 844 in a manner that does not require the placement of facilities in 845 such roads or rights-of-way.

Although similar communications 846 services may be provided by different means, the state desires 847 to treat providers of communications services in a 848 nondiscriminatory manner and to have the taxes, franchise fees, 849 and other fees, costs, and financial or regulatory exactions 850 paid by or imposed on providers of communications services be 851 competitively neutral.

Municipalities and counties retain all 852 existing authority, if any, to collect franchise fees from users 853 or occupants of municipal or county roads or rights -of-way other 854 than providers of communications services, and the provisions of 855 this subsection shall have no effect upon this authority.

The 856 provisions of this subsection do not restrict the authority, if 857 any, of municipalities or counties or other governmental 858 entities to receive reasonable rental fees based on fair market 859 value for the use of public lands and buildings on property 860 outside the public roads or rights-of-way for the placement of 861 communications antennas and towers. 862 (

f) Except as expressly allowed or authorized by general 863 law and except for the rights-of-way permit fees subject to 864 paragraph (c), a municipality or county may not levy on a 865 provider of communications services a tax, fee, or other charge 866 or imposition for operating as a provider of communicati ons 867 services within the jurisdiction of the municipality or county 868 which is in any way related to using its roads or rights -of-way. 869 A municipality or county may not require or solicit in -kind 870

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 31 of 67 CODING: Words stricken are deletions; words underlined are additions. compensation, except as otherwise provided in s. 202.24(2)(c)8. 871 or, provided that the in-kind compensation is not a franchise 872 fee under federal law. Nothing in this paragraph impairs the 873 authority of a municipality or county to request public, 874 educational, or governmental access channels pursuant to s. 875 610.109.

Nothing in this paragraph shall impair any ordinance or 876 agreement in effect on May 22, 1998, or any voluntary agreement 877 entered into subsequent to that date, which provides for or 878 allows in-kind compensation by a telecommunications company. 879 (

g) A municipality or county may not use its authority over 880 the placement of facilities in its roads and rights -of-way as a 881 basis for asserting or exercising regulatory control over a 882 provider of communications services regarding matters within the 883 exclusive jurisdiction of the Florida Public Service Commission 884 or the Federal Communications Commission, including, but not 885 limited to, the operations, systems, equipment, technology, 886 qualifications, services, service quality, service territory, 887 and prices of a provider of communications services.

A 888 municipality or county may not require any permit for the 889 maintenance, repair, replacement, extension, or upgrade of 890 existing aerial wireline communications facilities on utility 891 poles or for aerial wireline facilities between existing 892 wireline communications facility attachments on utility poles by 893 a communications services provider.

However, a municipality or 894 county may require a right-of-way permit for work that involves 895 excavation, closure of a sidewalk, or closure of a vehicular 896 lane or parking lane, unless the provider is performing service 897 restoration to existing facilities. A permit application 898 required by an authority under this

section for the placement of 899

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 32 of 67 CODING: Words stricken are deletions; words underlined are additions. communications facilities must be processed and acted upon 900 consistent with the timeframes provided in subparagraphs 901 (7)(d)7., 8., and 9.

In addition, a municipality or county may 902 not require any permit or other approval, fee, charge, or cost, 903 or other exaction for the maintenance, repair, replacement, 904 extension, or upgrade of existing aerial lines or underground 905 communications facilities located on private property outside of 906 the public rights-of-way.

As used in this section, the term 907 “extension of existing facilities” includes those extensions 908 from the rights-of-way into a customer’s private property for 909 purposes of placing a service drop or those extensions from the 910 rights-of-way into a utility easement to provide service to a 911 discrete identifiable customer or group of customers. 912 (

h) A provider of communications services that has obtained 913 permission to occupy the roads or rights-of-way of an 914 incorporated municipality pursuant to s. 362.01 or that is 915 otherwise lawfully occupying the roads or rights -of-way of a 916 municipality or county shall not be required to obtain consent 917 to continue such lawful occupation of those roads or rights -of-918 way; however, nothing in this paragraph shall be interpreted to 919 limit the power of a municipality or county to adopt or enforce 920 reasonable rules or regulations as provided in this

section and 921 consistent with chapters 202, 364, and 610. Any such rules or 922 regulations must be in writing, and registered providers of 923 communications services in the municipality or county must be 924 given at least 60 days’ advance written notice of any changes to 925 the rules and regulations. 926 (

i) Except as expressly provided in this section, this 927

section does not modify the authority of municipalities and 928

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 33 of 67 CODING: Words stricken are deletions; words underlined are additions. counties to levy the tax authorized in

chapter 202 or the duties 929 of providers of communications services under ss. 337.402 -930 337.404. This

section does not apply to building permits, pole 931 attachments, or private roads, private easements, and private 932 rights-of-way. 933 (

j) Notwithstanding the provisions of s. 202.19, when a 934 local communications services tax rate is changed as a result of 935 an election made or changed under this subsection, such rate may 936 not be rounded to tenths. 937 (6) 938 (

d) The amounts charged pursuant to this subsection shall 939 be based on the linear miles of roads or rights -of-way where a 940 communications facility is placed, not based on a summation of 941 the lengths of individual cables, conduits, strands, or fibers. 942 The amounts referenced in this subsection may be charged only 943 once annually and only to one person annually for any 944 communications facility. A municipality or county shall 945 discontinue charging such amounts to a person that has ceased to 946 be a pass-through provider.

Any annual amounts charged shall be 947 reduced for a prorated portion of any 12-month period during 948 which the person remits taxes imposed by the municipality or 949 county pursuant to

chapter 202. Any excess amounts paid to a 950 municipality or county shall be refunded to the person upon 951 written notice of the excess to the municipality or county. A 952 municipality or county may require a pass-through provider to 953 provide an annual notarized statement identifying the total 954 number of linear miles of pass-through facilities in the 955 municipality’s or county’s rights-of-way. Upon request from a 956 municipality or county, a pass-through provider must provide 957

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 34 of 67 CODING: Words stricken are deletions; words underlined are additions. reasonable access to maps of pass-through facilities located in 958 the rights-of-way of the municipality or county making the 959 request. The scope of the request must be limited to only those 960 maps of pass-through facilities from which the calculation of 961 the linear miles of pass-through facilities in the rights-of-way 962 can be determined.

The request must be accompanied by an 963 affidavit that the person making the request is authorized by 964 the municipality or county to review tax information related to 965 the revenue and mileage calculations for pass-through providers. 966 A request may not be made more than once annually to a pass -967 through provider. 968 (7)(

a) This subsection may be cited as the “Advanced 969 Wireless Infrastructure Deployment Act.” 970 (

b) As used in this subsection, the term: 971 1. “Antenna” means communications equipment that transmits 972 or receives electromagnetic radio frequency signals used in 973 providing wireless services. 974 2. “Applicable codes” means uniform building, fire, 975 electrical, plumbing, or mechanical codes adopted by a 976 recognized national code organization or local amendments to 977 those codes enacted solely to address threats of destruction of 978 property or injury to persons, and includes the National 979 Electric Safety Code and the 2017 edition of the Florida 980 Department of Transportation Utility Accommodation Manual. 981 3. “Applicant” means a person who submits an application 982 and is a wireless provider. 983 4. “Application” means a request submitted by an applicant 984 to an authority for a permit to collocate small wireless 985 facilities or to place a new utility pole used to support a 986

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 35 of 67 CODING: Words stricken are deletions; words underlined are additions. small wireless facility. 987 5. “Authority” means a county or municipality having 988 jurisdiction and control of the rights-of-way of any public 989 road. The term does not include the Department of 990 Transportation. Rights-of-way under the jurisdiction and control 991 of the department are excluded from this subsection. 992 6. “Authority utility pole” means a utility pole owned by 993 an authority in the right-of-way.

The term does not include a 994 utility pole owned by a municipal electric utility, a utili ty 995 pole used to support municipally owned or operated electric 996 distribution facilities, or a utility pole located in the right -997 of-way within: 998 a. A retirement community that: 999 (

I) Is deed restricted as housing for older persons as 1000 defined in s. 760.29(4)(b); 1001 (II) Has more than 5,000 residents; and 1002 (III) Has underground utilities for electric transmission 1003 or distribution. 1004 b. A municipality that: 1005 (

I) Is located on a coastal barrier island as defined in s. 1006 161.053(1)(b)3.; 1007 (II) Has a land area of less than 5 square miles; 1008 (III) Has less than 10,000 residents; and 1009 (IV) Has, before July 1, 2017, received referendum approval 1010 to issue debt to finance municipal-wide undergrounding of its 1011 utilities for electric transmission or distribution. 1012 7. “Collocate” or “collocation” means to install, mount, 1013 maintain, modify, operate, or replace one or more wireless 1014 facilities on, under, within, or adjacent to a wireless support 1015

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 36 of 67 CODING: Words stricken are deletions; words underlined are additions. structure or utility pole.

The term does not include the 1016 installation of a new utility pole or wireless support structure 1017 in the public rights-of-way. 1018 8. “FCC” means the Federal Communications Commission. 1019 9. “Micro wireless facility” means a small wireless 1020 facility having dimensions no larger than 24 inches in length, 1021 15 inches in width, and 12 inches in height and an exterior 1022 antenna, if any, no longer than 11 inches. 1023 10. “Small wireless facility” means a wireless facility 1024 that meets the following qualifications: 1025 a.

Each antenna associated with the facility is located 1026 inside an enclosure of no more than 6 cubic feet in volume or, 1027 in the case of antennas that have exposed elements, each antenna 1028 and all of its exposed elements could fit within an enclosure of 1029 no more than 6 cubic feet in volume; and 1030 b.

All other wireless equipment associated with the 1031 facility is cumulatively no more than 28 cubic feet in volume. 1032 The following types of associated ancillary equipment are not 1033 included in the calculation of equipment volume: electric 1034 meters, concealment elements, telecommunications demarcation 1035 boxes, ground-based enclosures, grounding equipment, power 1036 transfer switches, cutoff switches, vertical cable runs for the 1037 connection of power and other services, and utility poles or 1038 other support structures. 1039 11. “Utility pole” means a pole or similar structure that 1040 is used in whole or in part to provide communications services 1041 or for electric distribution, lighting, traffic control, 1042 signage, or a similar function.

The term includes the vertical 1043 support structure for traffic lights but does not include a 1044

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 37 of 67 CODING: Words stricken are deletions; words underlined are additions. horizontal structure to which signal lights or other traffic 1045 control devices are attached and does not include a pole or 1046 similar structure 15 feet in height or less unless an authority 1047 grants a waiver for such pole. 1048 12. “Wireless facility” means equipment at a fixed location 1049 which enables wireless communications between user equipment and 1050 a communications network, including radio transceivers, 1051 antennas, wires, coaxial or fiber-optic cable or other cables, 1052 regular and backup power supplies, and comparable equipment, 1053 regardless of technological configuration, and equipment 1054 associated with wireless communications.

The term includes small 1055 wireless facilities. The term does not include: 1056 a. The structure or improvements on, under, within, or 1057 adjacent to the structure on which the equipment is collocated; 1058 b. Wireline backhaul facilities; or 1059 c. Coaxial or fiber-optic cable that is between wireless 1060 structures or utility poles or that is otherwise not immediately 1061 adjacent to or directly associated with a particular antenna. 1062 13. “Wireless infrastructure provider” means a person who 1063 has been certificated under

chapter 364 to provide 1064 telecommunications service or under

chapter 610 to provide cable 1065 or video services in this state, or that person’s affiliate, and 1066 who builds or installs wireless communication transmission 1067 equipment, wireless facilities, or wireless support structures 1068 but is not a wireless services provider. 1069 14. “Wireless provider” means a wireless infrastructure 1070 provider or a wireless services provider. 1071 15. “Wireless services” means any services provided using 1072 licensed or unlicensed spectrum, whether at a fixed location or 1073

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 38 of 67 CODING: Words stricken are deletions; words underlined are additions. mobile, using wireless facilities. 1074 16. “Wireless services provider” means a person who 1075 provides wireless services. 1076 17. “Wireless support structure” means a freestanding 1077 structure, such as a monopole, a guyed or self-supporting tower, 1078 or another existing or proposed structure designed to support or 1079 capable of supporting wireless facilities. The term does not 1080 include a utility pole, pedestal, or other support struc ture for 1081 ground-based equipment not mounted on a utility pole and less 1082 than 5 feet in height. 1083 (

c) Except as provided in this subsection, an authority may 1084 not prohibit, regulate, or charge for the collocation of small 1085 wireless facilities in the public rights-of-way or for the 1086 installation, maintenance, modification, operation, or 1087 replacement of utility poles used for the collocation of small 1088 wireless facilities in the public rights-of-way. 1089 (

d) An authority may require a registration process and 1090 permit fees in accordance with subsection (3). An authority 1091 shall accept applications for permits and shall process and 1092 issue permits subject to the following requirements: 1093 1. An authority may not directly or indirectly require an 1094 applicant to perform services unrelated to the collocation for 1095 which approval is sought, such as in-kind contributions to the 1096 authority, including reserving fiber, conduit, or pole space for 1097 the authority. 1098 2.

An applicant may not be required to provide more 1099 information to obtain a permit than is necessary to demonstrate 1100 the applicant’s compliance with applicable codes for the 1101 placement of small wireless facilities in the locations 1102

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 39 of 67 CODING: Words stricken are deletions; words underlined are additions. identified in the application. An applicant may not be required 1103 to provide inventories, maps, or locations of commu nications 1104 facilities in the right-of-way other than as necessary to avoid 1105 interference with other at-grade or aerial facilities located at 1106 the specific location proposed for a small wireless facility or 1107 within 50 feet of such location. 1108 3. An authority may not: 1109 a.

Require the placement of small wireless facilities on 1110 any specific utility pole or category of poles; 1111 b. Require the placement of multiple antenna systems on a 1112 single utility pole; 1113 c. Require a demonstration that collocation of a small 1114 wireless facility on an existing structure is not legally or 1115 technically possible as a condition for granting a permit for 1116 the collocation of a small wireless facility on a new utility 1117 pole except as provided in paragraph (i); 1118 d.

Require compliance with an authority’s provisions 1119 regarding placement of small wireless facilities or a new 1120 utility pole used to support a small wireless facility in 1121 rights-of-way under the control of the department unless the 1122 authority has received a delegation from the department for the 1123 location of the small wireless facility or utility pole, or 1124 require such compliance as a condition to receive a permit that 1125 is ancillary to the permit for collocation of a small wireless 1126 facility, including an electrical permit; 1127 e.

Require a meeting before filing an application; 1128 f. Require direct or indirect public notification or a 1129 public meeting for the placement of communication facilities in 1130 the right-of-way; 1131

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 40 of 67 CODING: Words stricken are deletions; words underlined are additions. g. Limit the size or configuration of a small wireless 1132 facility or any of its components, if the small wireless 1133 facility complies with the size limits in this subsection; 1134 h. Prohibit the installation of a new utility pole used to 1135 support the collocation of a small wireless facility if the 1136 installation otherwise meets the requirements of this 1137 subsection; or 1138 i.

Require that any component of a small wireless facility 1139 be placed underground except as provided in paragraph (i). 1140 4. Subject to paragraph (r), an authority may not limit the 1141 placement, by minimum separation distances, of small wireless 1142 facilities, utility poles on which small wireless facilities are 1143 or will be collocated, or other at-grade communications 1144 facilities.

However, within 14 days after the date of filing the 1145 application, an authority may request that the proposed location 1146 of a small wireless facility be moved to another location in the 1147 right-of-way and placed on an alternative authority utility pole 1148 or support structure or placed on a new utility pole. The 1149 authority and the applicant may negotiate the alternative 1150 location, including any objective design standards and 1151 reasonable spacing requirements for ground-based equipment, for 1152 30 days after the date of the request.

At the conclusion of the 1153 negotiation period, if the alternative location is accepted by 1154 the applicant, the applicant must notify the authority of such 1155 acceptance and the application shall be deemed granted for any 1156 new location for which there is agreement and all other 1157 locations in the application. If an agreement is not reached, 1158 the applicant must notify the authority of such nonagreement and 1159 the authority must grant or deny the original application within 1160

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 41 of 67 CODING: Words stricken are deletions; words underlined are additions. 90 days after the date the application was filed. A request for 1161 an alternative location, an acceptance of an alternative 1162 location, or a rejection of an alternative location must be in 1163 writing and provided by electronic mail. 1164 5. An authority shall limit the height of a small wireless 1165 facility to 10 feet above the utility pole or structure upon 1166 which the small wireless facility is to be collocated.

Unless 1167 waived by an authority, the height for a new utility pole is 1168 limited to the tallest existing utility pole as of July 1, 2017, 1169 located in the same right-of-way, other than a utility pole for 1170 which a waiver has previously been granted, measured from grade 1171 in place within 500 feet of the proposed location of the small 1172 wireless facility. If there is no utility pole within 500 feet, 1173 the authority shall limit the height of the utility pole to 50 1174 feet. 1175 6.

The installation by a communications services provider 1176 of a utility pole in the public rights-of-way, other than a 1177 utility pole used to support a small wireless facility, is 1178 subject to authority rules or regulations governing the 1179 placement of utility poles in the public rights -of-way. 1180 7. Within 14 days after receiving an application, an 1181 authority must determine and notify the applicant by electronic 1182 mail as to whether the application is complete. If an 1183 application is deemed incomplete, the authority must 1184 specifically identify the missing information.

An application is 1185 deemed complete if the authority fails to provide notification 1186 to the applicant within 14 days. 1187 8. An application must be processed on a nondiscriminatory 1188 basis. A complete application is deemed approved if an authority 1189

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 42 of 67 CODING: Words stricken are deletions; words underlined are additions. fails to approve or deny the application within 60 days after 1190 receipt of the application. If an authority does not use the 30 -1191 day negotiation period provided in subparagraph 4., the parties 1192 may mutually agree to extend the 60-day application review 1193 period. The authority shall grant or deny the application at the 1194 end of the extended period.

A permit issued pursuant to an 1195 approved application shall remain effective for 1 year unless 1196 extended by the authority. 1197 9. An authority must notify the applicant of approval or 1198 denial by electronic mail. An authority shall approve a complete 1199 application unless it does not meet the authority’s applicable 1200 codes.

If the application is denied, the authority must specify 1201 in writing the basis for denial, including the specific code 1202 provisions on which the denial was based, and send the 1203 documentation to the applicant by electronic mail on the day the 1204 authority denies the application. The applicant may cure the 1205 deficiencies identified by the authority and resubmit the 1206 application within 30 days after notice of the denial is sent to 1207 the applicant. The authority shall approve or deny the revised 1208 application within 30 days after receipt or the application is 1209 deemed approved.

The review of a revised application is limited 1210 to the deficiencies cited in the denial. If an authority 1211 provides for administrative review of the denial of an 1212 application, the review must be complete and a written decision 1213 issued within 45 days after a written request for review is 1214 made. A denial must identify the specific code provisions on 1215 which the denial is based. If the administrative review is not 1216 complete within 45 days, the authority waives any claim 1217 regarding failure to exhaust administrative remedies in any 1218

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 43 of 67 CODING: Words stricken are deletions; words underlined are additions. judicial review of the denial of an application. 1219 10. An applicant seeking to collocate small wireless 1220 facilities within the jurisdiction of a single authority may, at 1221 the applicant’s discretion, file a consolidated application and 1222 receive a single permit for the collocation of up to 30 small 1223 wireless facilities.

If the application includes multiple small 1224 wireless facilities, an authority may separately address small 1225 wireless facility collocations for which incomplete information 1226 has been received or which are denied. 1227 11. An authority may deny an application to collocate a 1228 small wireless facility or place a utility pole used to support 1229 a small wireless facility in the public rights-of-way if the 1230 proposed small wireless facility or utility pole used to support 1231 a small wireless facility: 1232 a. Materially interferes with the safe operation of traffic 1233 control equipment. 1234 b.

Materially interferes with sight lines or clear zones 1235 for transportation, pedestrians, or public safety purposes. 1236 c. Materially interferes with compliance with the Americans 1237 with Disabilities Act or similar federal or state standards 1238 regarding pedestrian access or movement. 1239 d. Materially fails to comply with the 2017 edition of the 1240 Florida Department of Transportation Utility Accommodation 1241 Manual. 1242 e. Fails to comply with applicable codes. 1243 f. Fails to comply with objective design standards 1244 authorized under paragraph (r). 1245 12.

An authority may adopt by ordinance provisions for 1246 insurance coverage, indemnification, force majeure, abandonment, 1247

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 44 of 67 CODING: Words stricken are deletions; words underlined are additions. authority liability, or authority warranties. Such provisions 1248 must be reasonable and nondiscriminatory. An authority may 1249 require a construction bond to secure restoration of the 1250 postconstruction rights-of-way to the preconstruction condition. 1251 However, such bond must be time-limited to not more than 18 1252 months after the construction to which the bond applies is 1253 completed.

For any financial obligation required by an authority 1254 allowed under this section, the authority shall accept a letter 1255 of credit or similar financial instrument issued by any 1256 financial institution that is authorized to do business within 1257 the United States, provided that a claim against the financial 1258 instrument may be made by electronic means, including by 1259 facsimile.

A provider of communications services may add an 1260 authority to any existing bond, insurance policy, or other 1261 relevant financial instrument, and the authority must accept 1262 such proof of coverage without any conditions other than consent 1263 to venue for purposes of any litigation to which the authority 1264 is a party. An authority may not require a communications 1265 services provider to indemnify it for liabilities not caused by 1266 the provider, including liabilities arising from the authority’s 1267 negligence, gross negligence, or willful conduct. 1268 13.

Collocation of a small wireless facility on an 1269 authority utility pole does not provide the basis for the 1270 imposition of an ad valorem tax on the authority utility pole. 1271 14. An authority may reserve space on authority utility 1272 poles for future public safety uses. However, a reservation of 1273 space may not preclude collocation of a small wireless facility. 1274 If replacement of the authority utility pole is necessary to 1275 accommodate the collocation of the small wireless facility and 1276

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 45 of 67 CODING: Words stricken are deletions; words underlined are additions. the future public safety use, the pole replacement is subject to 1277 make-ready provisions and the replaced pole shall accommodate 1278 the future public safety use. 1279 15. A structure granted a permit and installed pursuant to 1280 this subsection shall comply with

chapter 333 and federal 1281 regulations pertaining to airport airspace protections. 1282 (

e) An authority may not require any permit or other 1283 approval or require fees or other charges, costs, or other 1284 exactions for: 1285 1. Routine maintenance, the performance of service 1286 restoration work on existing facilities, or repair work, 1287 including, but not limited to, emergency repairs of existing 1288 facilities or extensions of such facilities for providing 1289 communications services to customers; 1290 2. Replacement of existing wireless facilities with 1291 wireless facilities that are substantially similar or of the 1292 same or smaller size; or 1293 3.

Installation, placement, maintenance, or replacement of 1294 micro wireless facilities that are suspended on cables strung 1295 between existing utility poles in compliance with applicable 1296 codes by or for a communications services provider authorized to 1297 occupy the rights-of-way and who is remitting taxes under 1298

chapter 202. An authority may require an initial letter from or 1299 on behalf of such provider, which is effective upon filing, 1300 attesting that the micro wireless facility dimensions comply 1301 with the limits of this subsection. The authority may not 1302 require any additional filing or other information as long as 1303 the provider is deploying the same, a substantially similar, or 1304 a smaller size micro wireless facility equipment. 1305

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 46 of 67 CODING: Words stricken are deletions; words underlined are additions. 1306 Notwithstanding this paragraph, an authority may require a 1307 right-of-way permit for work that involves excavation, closure 1308 of a sidewalk, or closure of a vehicular lane or parking lane, 1309 unless the provider is performing service restoration on an 1310 existing facility and the work is done in compliance with the 1311 2017 edition of the Florida Department of Transportation Utility 1312 Accommodation Manual.

An authority may require notice of such 1313 work within 30 days after restoration and may req uire an after-1314 the-fact permit for work which would otherwise have required a 1315 permit. 1316 (

f) Collocation of small wireless facilities on authority 1317 utility poles is subject to the following requirements: 1318 1. An authority may not enter into an exclusive arrangement 1319 with any person for the right to attach equipment to authority 1320 utility poles. 1321 2. The rates and fees for collocations on authority utility 1322 poles must be nondiscriminatory, regardless of the services 1323 provided by the collocating person. 1324 3. The rate to collocate small wireless facilities on an 1325 authority utility pole may not exceed $150 per pole annually. 1326 4.

Agreements between authorities and wireless providers 1327 that are in effect on July 1, 2017, and that relate to the 1328 collocation of small wireless facilities in the right-of-way, 1329 including the collocation of small wireless facilities on 1330 authority utility poles, remain in effect, subject to applicable 1331 termination provisions. The wireless provider may accept the 1332 rates, fees, and terms established under this subsection for 1333 small wireless facilities and utility poles that are the subject 1334

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 47 of 67 CODING: Words stricken are deletions; words underlined are additions. of an application submitted after the rates, fees, and terms 1335 become effective. 1336 5. A person owning or controlling an authority utility pole 1337 shall offer rates, fees, and other terms that comply with this 1338 subsection.

By the later of January 1, 2018, or 3 months after 1339 receiving a request to collocate its first small wireless 1340 facility on a utility pole owned or controlled by an authority, 1341 the person owning or controlling the authority utility pole 1342 shall make available, through ordinance or otherwise, rates, 1343 fees, and terms for the collocation of small wireless facilities 1344 on the authority utility pole which comply with this subsection. 1345 a. The rates, fees, and terms must be nondiscriminatory and 1346 competitively neutral and must comply with this subsection. 1347 b.

For an authority utility pole that supports an aerial 1348 facility used to provide communications services or electric 1349 service, the parties shall comply with the process for make -1350 ready work under 47 U.S.C. s. 224 and implementing regulations. 1351 The good faith estimate of the person owning or controlling the 1352 pole for any make-ready work necessary to enable the pole to 1353 support the requested collocation must include pole replacement 1354 if necessary. 1355 c.

For an authority utility pole that does not support an 1356 aerial facility used to provide communications services or 1357 electric service, the authority shall provide a good faith 1358 estimate for any make-ready work necessary to enable the pole to 1359 support the requested collocation, including necessary pole 1360 replacement, within 60 days after receipt of a complete 1361 application. Make-ready work, including any pole replacement, 1362 must be completed within 60 days after written acceptance of the 1363

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 48 of 67 CODING: Words stricken are deletions; words underlined are additions. good faith estimate by the applicant. Alternatively, an 1364 authority may require the applicant seeking to collocate a small 1365 wireless facility to provide a make-ready estimate at the 1366 applicant’s expense for the work necessary to support the small 1367 wireless facility, including pole replacement, and perform the 1368 make-ready work.

If pole replacement is required, the scope of 1369 the make-ready estimate is limited to the design, fabrication, 1370 and installation of a utility pole that is substantially similar 1371 in color and composition. The authority may not condition or 1372 restrict the manner in which the applicant obtains, develops, or 1373 provides the estimate or conducts the make-ready work subject to 1374 usual construction restoration standards for work in the right -1375 of-way. The replaced or altered utility pole shall remain the 1376 property of the authority. 1377 d.

An authority may not require more make-ready work than 1378 is required to meet applicable codes or industry standards. Fees 1379 for make-ready work may not include costs related to preexisting 1380 damage or prior noncompliance. Fees for make-ready work, 1381 including any pole replacement, may not exceed actual costs or 1382 the amount charged to communications services providers other 1383 than wireless services providers for similar work and may not 1384 include any consultant fee or expense. 1385 (

g) For any applications filed before the effective date of 1386 ordinances implementing this subsection, an authority may apply 1387 current ordinances relating to placement of communications 1388 facilities in the right-of-way related to registration, 1389 permitting, insurance coverage, indemnification, force majeure, 1390 abandonment, authority liability, or authority warranties. 1391 Permit application requirements and small wireless facility 1392

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 49 of 67 CODING: Words stricken are deletions; words underlined are additions. placement requirements, including utility pole height limits, 1393 that conflict with this subsection must be waived by the 1394 authority.

An authority may not institute, either expressly or 1395 de facto, a moratorium, zoning-in-progress, or other mechanism 1396 that would prohibit or delay the filing, receiving, or 1397 processing of registrations, applications, or issuing of permits 1398 or other approvals for the collocation of small wireless 1399 facilities or the installation, modification, or replacement of 1400 utility poles used to support the collocation of small wireless 1401 facilities. 1402 (

h) Except as provided in this

section or specifically 1403 required by state law, an authority may not adopt or enforce any 1404 regulation on the placement or operation of communications 1405 facilities in the rights-of-way by a provider authorized by 1406 state law to operate in the rights-of-way and may not regulate 1407 any communications services or impose or collect any tax, fee, 1408 or charge not specifically authorized under state law. This 1409 paragraph does not alter any law regarding an authority’s 1410 ability to regulate the relocation of facilities. 1411 (i)1.

In an area where an authority has required all public 1412 utility lines in the rights-of-way to be placed underground, a 1413 wireless provider must comply with written, objective, 1414 reasonable, and nondiscriminatory requirements that prohibit new 1415 utility poles used to support small wireless facilities if: 1416 a. The authority, at least 90 days prior to the submission 1417 of an application, has required all public utility lines to be 1418 placed underground; 1419 b. Structures that the authority allows to remain above 1420 ground are reasonably available to wireless providers for the 1421

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 50 of 67 CODING: Words stricken are deletions; words underlined are additions. collocation of small wireless facilities and may be replaced by 1422 a wireless provider to accommodate the collocation of small 1423 wireless facilities; and 1424 c. A wireless provider may install a new utility pole in 1425 the designated area in the right-of-way that otherwise complies 1426 with this subsection and it is not reasonably able to provide 1427 wireless service by collocating on a remaining utility pole or 1428 other structure in the right-of-way. 1429 2.

For small wireless facilities installed before an 1430 authority adopts requirements that public utility lines be 1431 placed underground, an authority adopting such requirements 1432 must: 1433 a. Allow a wireless provider to maintain the small wireless 1434 facilities in place subject to any applicable pole atta chment 1435 agreement with the pole owner; or 1436 b. Allow the wireless provider to replace the associated 1437 pole within 50 feet of the prior location in accordance with 1438 paragraph (r). 1439 (

j) A wireless infrastructure provider may apply to an 1440 authority to place utility poles in the public rights-of-way to 1441 support the collocation of small wireless facilities. The 1442 application must include an attestation that small wireless 1443 facilities will be collocated on the utility pole or structure 1444 and will be used by a wireless services provider to provide 1445 service within 9 months after the date the application is 1446 approved. The authority shall accept and process the application 1447 in accordance with subparagraph (d)6. and any applicable codes 1448 and other local codes governing the placement of utility poles 1449 in the public rights-of-way. 1450

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 51 of 67 CODING: Words stricken are deletions; words underlined are additions. (

k) This subsection does not limit a local government’s 1451 authority to enforce historic preservation zoning regulations 1452 consistent with the preservation of local zoning authority under 1453 47 U.S.C. s. 332(c)(7), the requirements for facility 1454 modifications under 47 U.S.C. s. 1455(a), or the National 1455 Historic Preservation Act of 1966, as amended, and the 1456 regulations adopted to implement such laws.

An authority may 1457 enforce local codes, administrative rules, or regulations 1458 adopted by ordinance in effect on April 1, 2017, which are 1459 applicable to a historic area designated by the state or 1460 authority. An authority may enforce pending local ordinances, 1461 administrative rules, or regulations applicable to a historic 1462 area designated by the state if the intent to adopt such changes 1463 has been publicly declared on or before April 1, 2017. An 1464 authority may waive any ordinances or other requirements that 1465 are subject to this paragraph. 1466 (

l) This subsection does not authorize a person to 1467 collocate or attach wireless facilities, including any antenna, 1468 micro wireless facility, or small wireless facility, on a 1469 privately owned utility pole, a utility pole owned by an 1470 electric cooperative or a municipal electric utility, a 1471 privately owned wireless support structure, or other private 1472 property without the consent of the property owner. 1473 (

m) The approval of the installation, placement, 1474 maintenance, or operation of a small wireless facility pursuant 1475 to this subsection does not authorize the provision of any 1476 voice, data, or video communications services or the 1477 installation, placement, maintenance, or operation of any 1478 communications facilities other than small wireless facilities 1479

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 52 of 67 CODING: Words stricken are deletions; words underlined are additions. in the right-of-way. 1480 (

n) This subsection does not affect provisions relating t o 1481 pass-through providers in subsection (6). 1482 (

o) This subsection does not authorize a person to 1483 collocate or attach small wireless facilities or micro wireless 1484 facilities on a utility pole, unless otherwise permitted by 1485 federal law, or erect a wireless support structure in the right-1486 of-way located within a retirement community that: 1487 1. Is deed restricted as housing for older persons as 1488 defined in s. 760.29(4)(b); 1489 2. Has more than 5,000 residents; and 1490 3.

Has underground utilities for electric transmission or 1491 distribution. 1492 1493 This paragraph does not apply to the installation, placement, 1494 maintenance, or replacement of micro wireless facilities on any 1495 existing and duly authorized aerial communications facilities, 1496 provided that once aerial facilities are convert ed to 1497 underground facilities, any such collocation or construction 1498 shall be only as provided by the municipality’s underground 1499 utilities ordinance. 1500 (

p) This subsection does not authorize a person to 1501 collocate or attach small wireless facilities or micro wi reless 1502 facilities on a utility pole, unless otherwise permitted by 1503 federal law, or erect a wireless support structure in the right -1504 of-way located within a municipality that: 1505 1. Is located on a coastal barrier island as defined in s. 1506 161.053(1)(b)3.; 1507 2. Has a land area of less than 5 square miles; 1508

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 53 of 67 CODING: Words stricken are deletions; words underlined are additions. 3. Has fewer than 10,000 residents; and 1509 4.

Has, before July 1, 2017, received referendum approval 1510 to issue debt to finance municipal-wide undergrounding of its 1511 utilities for electric transmission or distribution. 1512 1513 This paragraph does not apply to the installation, placement, 1514 maintenance, or replacement of micro wireless facilities on any 1515 existing and duly authorized aerial communications facilities, 1516 provided that once aerial facilities are converted to 1517 underground facilities, any such collocation or construction 1518 shall be only as provided by the municipality’s underground 1519 utilities ordinance. 1520 (

q) This subsection does not authorize a person to 1521 collocate small wireless facilities or micro wireless facilities 1522 on an authority utility pole or erect a wireless support 1523 structure in a location subject to covenants, conditions, 1524 restrictions, articles of incorporation, and bylaws of a 1525 homeowners’ association. This paragraph does not apply to the 1526 installation, placement, maintenance, or replacement of micro 1527 wireless facilities on any existing and duly authorized aerial 1528 communications facilities. 1529 (

r) An authority may require wireless providers to comply 1530 with objective design standards adopted by ordinance. The 1531 ordinance may only require: 1532 1. A new utility pole that replaces an existing utility 1533 pole to be of substantially similar design, material, and color; 1534 2. Reasonable spacing requirements concerning the location 1535 of a ground-mounted component of a small wireless facility which 1536 does not exceed 15 feet from the associated support structure; 1537

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 54 of 67 CODING: Words stricken are deletions; words underlined are additions. or 1538 3. A small wireless facility to meet reasonable location 1539 context, color, camouflage, and concealment requirements, 1540 subject to the limitations in this subsection; and 1541 4.

A new utility pole used to support a small wireless 1542 facility to meet reasonable location context, color, and 1543 material of the predominant utility pole type at the proposed 1544 location of the new utility pole. 1545 1546 Such design standards under this paragraph may be waived by the 1547 authority upon a showing that the design standards are not 1548 reasonably compatible for the particular location of a small 1549 wireless facility or utility pole or are technically infeasible 1550 or that the design standards impose an excessive expense.

The 1551 waiver must be granted or denied within 45 days after the date 1552 of the request. 1553 (8)(

a) Any person aggrieved by a violation of this

section 1554 may bring a civil action in a United States District Court or in 1555 any other court of competent jurisdiction. 1556 (

b) The court may: 1557 1. Grant temporary or permanent injunctions on terms as it 1558 may deem reasonable to prevent or restrain violations of this 1559 section; and 1560 2. Direct the recovery of full costs, including awarding 1561 reasonable attorney fees, to the party who prevails. 1562

(9) All work in the authority’s rights-of-way under this 1563

section must comply with the 2017 edition of the Florida 1564 Department of Transportation Utility Accommodation Manual. 1565

Section 23. Paragraphs (

a) through (e), (k), and (

l) of 1566

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 55 of 67 CODING: Words stricken are deletions; words underlined are additions. subsection (2) and subsections (4) and (6) of sec tion 350.81, 1567 Florida Statutes, are amended to read: 1568 350.81 Communications services offered by governmental 1569 entities.— 1570 (2)(

a) A governmental entity that proposes to provide a 1571 communications service shall hold no less than two public 1572 hearings, which shall be held not less than 30 days apart. At 1573 least 30 days before the first of the two public hearings, The 1574 governmental entity must give notice of the hearing in the 1575 predominant newspaper of general circulation in the area 1576 considered for service.

At least 40 days before the first public 1577 hearing, the governmental entity must electronically provide 1578 notice to the Department of Revenue and the Public Service 1579 Commission, which shall post the notice on the department’s and 1580 the commission’s website to be available to the public. The 1581 Department of Revenue shall also send the notice by United 1582 States Postal Service to the known addresses for all dealers of 1583 communications services registered with the department under 1584

chapter 202 or provide an electronic notification, if the means 1585 are available, within 10 days after receiving the notice. The 1586 notice must include the time and place of the hearings and must 1587 state that the purpose of the hearings is to consider whether 1588 the governmental entity will provide communications services. 1589 The notice must include, at a minimum, the geographic areas 1590 proposed to be served by the governmental entity and the 1591 services, if any, which the governmental entity believes are not 1592 currently being adequately provided. The notice must also state 1593 that any dealer who wishes to do so may appear and be heard at 1594 the public hearings. 1595

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 56 of 67 CODING: Words stricken are deletions; words underlined are additions. (

b) At a public hearing required by this subsection, a 1596 governmental entity must, at a minimum, consider: 1597 1. Whether the service that is proposed to be provided is 1598 currently being offered in the community and, if so, whether the 1599 service is generally available throughout the community. 1600 2. Whether a similar service is currently being offered in 1601 the community and, if so, whether the service is generally 1602 available throughout the community. 1603 3.

If the same or similar service is not currently offered, 1604 whether any other service provider proposes to offer the same or 1605 a similar service and, if so, what assurances that service 1606 provider is willing or able to offer regarding the same or 1607 similar service. 1608 3.4.

The capital investment required by the government 1609 entity to provide the communications service, the estimated 1610 realistic cost of operation and maintenance and, using a full 1611 cost-accounting method, the estimated realistic revenues and 1612 expenses of providing the service and the proposed method of 1613 financing. 1614 4.5. The private and public costs and benefits of providing 1615 the service by a private entity or a governmental entity, 1616 including the affect on existing and future jobs, actual 1617 economic development prospects, tax-base growth, education, and 1618 public health. 1619 (

c) At one or more of the public hearings under this 1620 subsection, the governmental entity must make available to the 1621 public a written business plan for the proposed communications 1622 service venture containing, at a minimum: 1623 1. The projected number of subscribers to be served by the 1624

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 57 of 67 CODING: Words stricken are deletions; words underlined are additions. venture. 1625 2. The geographic area to be served by the venture. 1626 3. The types of communications services to be provided. 1627 4. A plan to ensure that revenues exceed operating expe nses 1628 and payment of principal and interest on debt within 4 years. 1629 5. Estimated capital and operational costs and revenues for 1630 the first 4 years. 1631 6. Projected network modernization and technological 1632 upgrade plans, including estimated costs. 1633 (

d) After making specific findings regarding the factors in 1634 paragraphs (

b) and (c), The governmental entity may authorize 1635 providing a communications service by a majority recorded vote 1636 and by resolution, ordinance, or other formal means of adoption. 1637 (e)1. The governing body of a governmental entity may issue 1638 one or more bonds to finance the capital costs for facilities to 1639 provide a communications service. However: 1640 1. A governmental entity may only pledge revenues in 1641 support of the issuance of any bond to finance providing a 1642 communications service: 1643 a. Within the county in which the governmental entity is 1644 located; 1645 b.

Within an area in which the governmental entity provides 1646 electric service outside its home county under an electric 1647 service territorial agreement approved by the Public Service 1648 Commission before the effective date of this act; or 1649 c. If the governmental entity is a municipality or special 1650 district, within its corporate limits or in an area in which the 1651 municipality or special district provides water, wastewater, 1652 electric, or natural gas service, or within an urban service 1653

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 58 of 67 CODING: Words stricken are deletions; words underlined are additions. area designated in a comprehensive plan, whichever is larger, 1654 unless the municipality or special district obtains the consent 1655 by formal action of the governmental entity within the 1656 boundaries of which the municipality or special district 1657 proposes to provide service.

For consent to be effective, any 1658 governmental entity from which consent is sought shall be 1659 located within the county in which the governmental entity is 1660 located or that county. 1661 2. Revenue bonds issued in order to finance providing a 1662 communications service are not subject to the approval of the 1663 electors if the revenue bonds mature within 15 years. Revenue 1664 bonds issued to finance providing a communications service that 1665 does not mature within 15 years must be approved by the 1666 electors. The election must be conducted as specified in

chapter 1667 100. 1668 (

k) The governmental entity shall conduct an annual review 1669 at a formal public meeting to consider the progress the 1670 governmental entity is making toward reaching its business plan 1671 goals and objectives for providing communication services. At 1672 the public meeting the governmental entity shall review the 1673 related revenues, operating expenses, and payment of interest on 1674 debt. 1675 (

l) If, after 4 years following the initiation of the 1676 provision of communications services by a governmental entity or 1677 4 years after the effective date of this act, whichever is 1678 later, revenues do not exceed operating expenses and payment of 1679 principal and interest on the debt for a governm ental entity’s 1680 provision of communications services, no later than 60 days 1681 following the end of the 4-year period a governmental entity 1682

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 59 of 67 CODING: Words stricken are deletions; words underlined are additions. shall hold a public hearing at which the governmental entity 1683 shall do at least one of the following: 1684 1. Approve a plan to cease providing communications 1685 services; 1686 2. Approve a plan to dispose of the system the governmental 1687 entity is using to provide communications services and, 1688 accordingly, to cease providing communications services; 1689 3.

Approve a plan to create a partnership with a private 1690 entity in order to achieve operations in which revenues exceed 1691 operating expenses and payment of principal and interest on 1692 debt; or 1693 4. Approve the continuing provision of communications 1694 services by a majority vote of the governing body of the 1695 governing authority. 1696 (4)(

a) If a governmental entity was providing, as of April 1697 1, 2005, advanced services, cable services, or 1698 telecommunications services, then it is not required to comply 1699 with paragraph (2)(a), paragraph (2)(b), paragraph (2)(c), 1700 paragraph (2)(d), sub-subparagraph (2)(e)1.c., paragraph (2)(f), 1701 or paragraph (2)(

k) in order to continue to provide advanced 1702 services, cable services, or telecommunications services, 1703 respectively, but it must comply with and be subject to all 1704 other provisions of this section. 1705 (

b) If a governmental entity, as of April 1, 2005, had 1706 issued debt pledging revenues from an advanced service, cable 1707 service, or telecommunications service, then it is not required 1708 to comply with paragraph (2)(a), paragraph (2)(b), parag raph 1709 (2)(c), paragraph (2)(d), sub-subparagraph (2)(e)1.c., paragraph 1710 (2)(f), or paragraph (2)(

k) in order to provide advanced 1711

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 60 of 67 CODING: Words stricken are deletions; words underlined are additions. services, cable services, or telecommunications services, 1712 respectively, but it must comply with and be subject to all 1713 other provisions of this section. 1714 (

c) If a governmental entity, as of April 1, 2005, has 1715 purchased equipment specifically for the provisioning of 1716 advanced service, cable service, or telecommunication service, 1717 and, as of May 6, 2005, has a population of less than 7,50 0, and 1718 has authorized by formal action the providing of an advanced 1719 service, cable service, or telecommunication service, then it is 1720 not required to comply with paragraph (2)(a), paragraph (2)(b), 1721 paragraph (2)(c), paragraph (2)(d), sub-subparagraph (2)(e)1.c., 1722 paragraph (2)(f), or paragraph (2)(

k) in order to provide 1723 advanced service, cable service, or telecommunication service, 1724 respectively, but it must comply with and be subject to all 1725 other provisions of this section. 1726 1727 This subsection does not relieve a governmental entity from 1728 complying with subsection (5). 1729

(6) To ensure the safe and secure transportation of 1730 passengers and freight through an airport facility, as defined 1731 in s. 159.27(17), an airport authority or other governmental 1732 entity that provides or is proposing to provide communications 1733 services only within the boundaries of its airport layout plan, 1734 as defined in s. 333.01(6), to subscribers which are integral 1735 and essential to the safe and secure transportation of 1736 passengers and freight through the airport facility, is exempt 1737 from this section.

An airport authority or other governmental 1738 entity that provides or is proposing to provide shared -tenant 1739 service under s. 364.339, but not dial tone enabling subscribers 1740

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 61 of 67 CODING: Words stricken are deletions; words underlined are additions. to complete calls outside the airport layout plan, to one or 1741 more subscribers within its airport layout plan which are not 1742 integral and essential to the safe and secure transportation of 1743 passengers and freight through the airport facility is exempt 1744 from this section.

An airport authority or other governmental 1745 entity that provides or is proposing to provide communications 1746 services to one or more subscribers within its airport layout 1747 plan which are not integral and essential to the safe and secure 1748 transportation of passengers and freight through t he airport 1749 facility, or to one or more subscribers outside its airport 1750 layout plan, is not exempt from this section.

By way of example 1751 and not limitation, the integral, essential subscribers may 1752 include airlines and emergency service entities, and the 1753 nonintegral, nonessential subscribers may include retail shops, 1754 restaurants, hotels, or rental car companies. 1755

Section

Section 366.032, Florida Statutes, is repealed. 1756

Section

Section 377.707, Florida Statutes, is repealed. 1757

Section 26. Subsection (9) of

section 403.412, Florida 1758 Statutes, is amended to read: 1759 403.412 Environmental Protection Act.— 1760 (9)(

a) A local government regulation, ordinance, code, 1761 rule, comprehensive plan, charter, or any other provision of law 1762 may not recognize or grant any legal rights to a plant, an 1763 animal, a body of water, or any other part of the natural 1764 environment that is not a person or political subdivision as 1765 defined in s. 1.01(8) or grant such person or political 1766 subdivision any specific rights relating to the natural 1767 environment not otherwise authorized in general law or 1768 specifically granted in the State Constitution. 1769

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b) This subsection does not limit the power of an 1770 adversely affected party to challenge the consistency of a 1771 development order with a comprehensive plan as provided in s. 1772 163.3215 or to file an action for injunctive relief to enforce 1773 the terms of a development agreement or challenge compliance of 1774 the agreement as provided in s. 163.3243. 1775 (

c) This subsection does not limit the standing of the 1776 Department of Legal Affairs, a political subdivision or 1777 municipality of the state, or a citizen of the state to maintain 1778 an action for injunctive relief as provided in this section. 1779

Section

Section 403.7033, Florida Statutes, is amended 1780 to read: 1781 403.7033 Departmental analysis of particular recyclable 1782 materials.—The Legislature finds that prudent regulation of 1783 recyclable materials is crucial to the ongoing welfare of 1784 Florida’s ecology and economy. As such, the Department of 1785 Environmental Protection shall review and update its 2010 report 1786 on retail bags analyzing the need for new or different 1787 regulation of auxiliary containers, wrappings, or disposable 1788 plastic bags used by consumers to carry products from retail 1789 establishments.

The updated report must include input from state 1790 and local government agencies, stakeholders, private businesses, 1791 and citizens and must evaluate the efficacy and necessity of 1792 both statewide and local regulation of these materials. To 1793 ensure consistent and effective implementation, the d epartment 1794 shall submit the updated report with conclusions and 1795 recommendations to the Legislature no later than December 31, 1796 2021. Until such time that the Legislature adopts the 1797 recommendations of the department, a local government, local 1798

Florida Senate - 2022 SB 1900 15-01682A-22 20221900__ Page 63 of 67 CODING: Words stricken are deletions; words underlined are additions. governmental agency, or state governmental agency may not enact 1799 any rule, regulation, or ordinance regarding use, disposition, 1800 sale, prohibition, restriction, or tax of such auxiliary 1801 containers, wrappings, or disposable plastic bags. 1802

Section 28. Paragraph (

a) of subsection (4) of

section 1803 489.117, Florida Statutes, is amended to read: 1804 489.117 Registration; specialty contractors.— 1805 (4)(

a) A person whose job scope does not substantially 1806 correspond to either the job scope of one of the contractor 1807 categories defined in s. 489.105(3)(a)-(o), or the job scope of 1808 one of the certified specialty contractor categories established 1809 by board rule, is not required to register with the board. A 1810 local government, as defined in s. 163.211, may not require a 1811 person to obtain a license for a job scope which does not 1812 substantially correspond to the job scope of one of the 1813 contractor categories defined in s. 489.105(3)(a) -(

o) and (

q) or 1814 authorized in s. 489.1455(1). For purposes of this section, job 1815 scopes for which a local government may not require a license 1816 include, but are not limited to, painting; flooring; cabinetry; 1817 interior remodeling; driveway or tennis court installation; 1818 handyman services; decorative stone, tile, marble, granite, or 1819 terrazzo installation; plastering; stuccoing; caulki ng; and 1820 canvas awning and ornamental iron installation. 1821

Section 29. Subsection (1) of

section 489.1455, Florida 1822 Statutes, is amended to read: 1823 489.1455 Journeyman; reciprocity; standards.— 1824

(1) Counties and municipalities are authorized to issue 1825 journeyman licenses in the plumbing, pipe fitting, mechanical, 1826 or HVAC trades. 1827

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Section 30. Subsection (1) of

section 489.5335, Florida 1828 Statutes, is amended to read: 1829 489.5335 Journeyman; reciprocity; standards.— 1830

(1) Counties and municipalities are authorized to iss ue 1831 journeyman licenses in the electrical and alarm system trades. 1832

Section 31. Subsection (7) of

section 499.002, Florida 1833 Statutes, is amended to read: 1834 499.002 Purpose, administration, and enforcement of and 1835 exemption from this part.— 1836

(7) Notwithstanding any other law or local ordinance or 1837 regulation to the contrary, the regulation of over -the-counter 1838 proprietary drugs and cosmetics is expressly preempted to the 1839 state. 1840

Section

Section 500.90, Florida Statutes, is repealed. 1841

Section 33. Subsection (4) of

section 790.251, Florida 1842 Statutes, is amended to read: 1843 790.251 Protection of the right to keep and bear arms in 1844 motor vehicles for self-defense and other lawful purposes; 1845 prohibited acts; duty of public and private employers; immunity 1846 from liability; enforcement.— 1847

(4) PROHIBITED ACTS.—No public or private employer may 1848 violate the constitutional rights of any customer, employee, or 1849 invitee as provided in paragraphs (a)-(e): 1850 (

a) No public or private employer may prohibit any 1851 customer, employee, or invitee from possessing any legally owned 1852 firearm when such firearm is lawfully possessed and locked 1853 inside or locked to a private motor vehicle in a parking lot and 1854 when the customer, employee, or invitee is lawfully in such 1855 area. 1856

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