Florida Senate - 2020 SB 1848 By Senator Rodriguez 37-01834-20 20201848__ Page 1 of 33 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to communications services; amending 2 s. 337.401, F.S.; removing certain communications 3 services lines as items over which certain 4 governmental entities are authorized to prescribe and 5 enforce reasonable rules and regulations; removing 6 provisions that specify limitations and prohibitions 7 on municipalities and counties relating to 8 registrations and renewals of communications services 9 providers; removing provisions that authorize 10 municipalities and counties to require certain 11 information as part of a registration; removing 12 provisions that prohibit municipalities and counties 13 from requiring a payment of fees, costs, or charges 14 for provider registration or renewal; removing 15 provisions that prohibit municipalities and counties 16 from adopting or enforcing certain ordinances, rules, 17 or requirements; removing limitations on municipal and 18 county authority to regulate and manage municipal and 19 county roads or rights-of-way; removing provisions 20 that prohibit certain municipalities and counties from 21 imposing permit fees; removing provisions that specify 22 activities for which permit fees may not be imposed; 23 removing the requirement that enforcement of certain 24 ordinances must be suspended until certain conditions 25 are met; removing a condition for certain in-kind 26 compensation; revising items over which municipalities 27 and counties may exercise regulatory control; removing 28 provisions for requirements relating to right-of-way 29

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 2 of 33 CODING: Words stricken are deletions; words underlined are additions. permits; removing provisions relating to municipal and 30 county authority over pass-through providers; deleting 31 references to, and administration and provisions of, 32 the Advanced Wireless Infrastructure Deployment Act; 33 removing a provision authorizing a civil action for 34 specified violations; removing certain actions a court 35 may take; removing provisions that require that work 36 in a certain authority’s rights-of-way must comply 37 with a specified document; providing an effective 38 date. 39 40 Be It Enacted by the Legislature of the State of Florida: 41 42

Section 1. Paragraph (

a) of subsection (1), subsection (3), 43 paragraph (

d) of subsection (6), and subsections (7), (8), and 44 (9) of

section 337.401, Florida Statutes, are amended to read: 45 337.401 Use of right-of-way for utilities subject to 46 regulation; permit; fees.— 47 (1)(

a) The department and local governmental entities, 48 referred to in this

section and in ss. 337.402, 337.403, and 49 337.404 as the “authority,” that have jurisdiction and control 50 of public roads or publicly owned rail corridors are authorized 51 to prescribe and enforce reasonable rules or regulations with 52 reference to the placing and maintaining across, on, or within 53 the right-of-way limits of any road or publicly owned rail 54 corridors under their respective jurisdictions any electric 55 transmission, voice, telegraph, data, or other communications 56 services lines or wireless facilities; pole lines; poles; 57 railways; ditches; sewers; water, heat, or gas mains; pipelines; 58

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 3 of 33 CODING: Words stricken are deletions; words underlined are additions. fences; gasoline tanks and pumps; or other structures referred 59 to in this

section and in ss. 337.402, 337.403, and 337.404 as 60 the “utility.” The department may enter into a permit-delegation 61 agreement with a governmental entity if issuance of a permit is 62 based on requirements that the department finds will ensure the 63 safety and integrity of facilities of the Department of 64 Transportation; however, the permit-delegation agreement does 65 not apply to facilities of electric utilities as defined in s. 66 366.02(2). 67 (3)(

a) Because of the unique circumstances applicable to 68 providers of communications services, including, but not limited 69 to, the circumstances described in paragraph (

e) and the fact 70 that federal and state law require the nondiscriminatory 71 treatment of providers of telecommunications services, and 72 because of the desire to promote competition among providers of 73 communications services, it is the intent of the Legislature 74 that municipalities and counties treat providers of 75 communications services in a nondiscriminatory and competitively 76 neutral manner when imposing rules or regulations governing the 77 placement or maintenance of communications facilities in the 78 public roads or rights-of-way.

Rules or regulations imposed by a 79 municipality or county relating to providers of communications 80 services placing or maintaining communications facilities in its 81 roads or rights-of-way must be generally applicable to all 82 providers of communications services, taking into account the 83 distinct engineering, construction, operation, maintenance, 84 public works, and safety requirements of the provider’s 85 facilities, and, notwithstanding any other law, may not require 86 a provider of communications services to apply for or enter into 87

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 4 of 33 CODING: Words stricken are deletions; words underlined are additions. an individual license, franchise, or other agreement with the 88 municipality or county as a condition of placing or maintaining 89 communications facilities in its roads or rights-of-way.

In 90 addition to other reasonable rules or regulations that a 91 municipality or county may adopt relating to the placement or 92 maintenance of communications facilities in its roads or rights-93 of-way under this subsection or subsection (7), a municipality 94 or county may require a provider of communications services that 95 places or seeks to place facilities in its roads or rights-of-96 way to register with the municipality or county.

To register, a 97 provider of communications services may be required only to 98 provide its name; the name, address, and telephone number of a 99 contact person for the registrant; the number of the 100 registrant’s current certificate of authorization issued by the 101 Florida Public Service Commission, the Federal Communications 102 Commission, or the Department of State; a statement of whether 103 the registrant is a pass-through provider as defined in 104 subparagraph (6)(a)1.; the registrant’s federal employer 105 identification number; and any required proof of insurance or 106 self-insuring status adequate to defend and cover claims.

A 107 municipality or county may not require a registrant to renew a 108 registration more frequently than every 5 years but may require 109 during this period that a registrant update the registration 110 information provided under this subsection within 90 days after 111 a change in such information. A municipality or county may not 112 require the registrant to provide an inventory of communications 113 facilities, maps, locations of such facilities, or other 114 information by a registrant as a condition of registration, 115 renewal, or for any other purpose; provided, however, that a 116

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 5 of 33 CODING: Words stricken are deletions; words underlined are additions. municipality or county may require as part of a permit 117 application that the applicant identify at-grade communications 118 facilities within 50 feet of the proposed installation location 119 for the placement of at-grade communications facilities.

A 120 municipality or county may not require a provider to pay any 121 fee, cost, or other charge for registration or renewal thereof. 122 It is the intent of the Legislature that the placement, 123 operation, maintenance, upgrading, and extension of 124 communications facilities not be unreasonably interrupted or 125 delayed through the permitting or other local regulatory 126 process. Except as provided in this

chapter or otherwise 127 expressly authorized by

chapter 202,

chapter 364, or

chapter 128 610, a municipality or county may not adopt or enforce any 129 ordinance, regulation, or requirement as to the placement or 130 operation of communications facilities in a right-of-way by a 131 communications services provider authorized by state or local 132 law to operate in a right-of-way; regulate any communications 133 services; or impose or collect any tax, fee, cost, charge, or 134 exaction for the provision of communications services over the 135 communications services provider’s communications facilities in 136 a right-of-way. 137 (

b) Registration described in paragraph (

a) does not 138 establish a right to place or maintain, or priority for the 139 placement or maintenance of, a communications facility in roads 140 or rights-of-way of a municipality or county. Each municipality 141 and county retains the authority to regulate and manage 142 municipal and county roads or rights-of-way in exercising its 143 police power, subject to the limitations imposed in this

section 144 and chapters 202 and 610. Any rules or regulations adopted by a 145

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 6 of 33 CODING: Words stricken are deletions; words underlined are additions. municipality or county which govern the occupation of its roads 146 or rights-of-way by providers of communications services must be 147 related to the placement or maintenance of facilities in such 148 roads or rights-of-way, must be reasonable and 149 nondiscriminatory, and may include only those matters necessary 150 to manage the roads or rights-of-way of the municipality or 151 county. 152 (

c) Any municipality or county that, as of January 1, 2019, 153 elected to require permit fees from any provider of 154 communications services that uses or occupies municipal or 155 county roads or rights-of-way pursuant to former paragraph (c) 156 or former paragraph (j), Florida Statutes 2018, may continue to 157 require and collect such fees. A municipality or county that 158 elected as of January 1, 2019, to require permit fees may elect 159 to forego such fees as provided herein.

A municipality or county 160 that elected as of January 1, 2019, not to require permit fees 161 may not elect to impose permit fees. All fees authorized under 162 this paragraph must be reasonable and commensurate with the 163 direct and actual cost of the regulatory activity, including 164 issuing and processing permits, plan reviews, physical 165 inspection, and direct administrative costs; must be 166 demonstrable; and must be equitable among users of the roads or 167 rights-of-way. A fee authorized under this paragraph may not be 168 offset against the tax imposed under

chapter 202; include the 169 costs of roads or rights-of-way acquisition or roads or rights-170 of-way rental; include any general administrative, management, 171 or maintenance costs of the roads or rights-of-way; or be based 172 on a percentage of the value or costs associated with the work 173 to be performed on the roads or rights-of-way. In an action to 174

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 7 of 33 CODING: Words stricken are deletions; words underlined are additions. recover amounts due for a fee not authorized under this 175 paragraph, the prevailing party may recover court costs and 176 attorney fees at trial and on appeal. In addition to the 177 limitations set forth in this section, a fee levied by a 178 municipality or charter county under this paragraph may not 179 exceed $100.

However, permit fees may not be imposed with 180 respect to permits that may be required for service drop lines 181 not required to be noticed under s. 556.108(5) or for any 182 activity that does not require the physical disturbance of the 183 roads or rights-of-way or does not impair access to or full use 184 of the roads or rights-of-way, including, but not limited to, 185 the performance of service restoration work on existing 186 facilities, extensions of such facilities for providing 187 communications services to customers, and the placement of micro 188 wireless facilities in accordance with subparagraph (7)(e)3. 189 1.

If a municipality or charter county elects to not 190 require permit fees, the total rate for the local communications 191 services tax as computed under s. 202.20 for that municipality 192 or charter county may be increased by ordinance or resolution by 193 an amount not to exceed a rate of 0.12 percent. 194 2.

If a noncharter county elects to not require permit 195 fees, the total rate for the local communications services tax 196 as computed under s. 202.20 for that noncharter county may be 197 increased by ordinance or resolution by an amount not to exceed 198 a rate of 0.24 percent, to replace the revenue the noncharter 199 county would otherwise have received from permit fees for 200 providers of communications services. 201 (

d) In addition to any other notice requirements, a 202 municipality must provide to the Secretary of State, at least 10 203

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 8 of 33 CODING: Words stricken are deletions; words underlined are additions. days prior to consideration on first reading, notice of a 204 proposed ordinance governing a telecommunications company 205 placing or maintaining telecommunications facilities in its 206 roads or rights-of-way.

In addition to any other notice 207 requirements, a county must provide to the Secretary of State, 208 at least 15 days prior to consideration at a public hearing, 209 notice of a proposed ordinance governing a telecommunications 210 company placing or maintaining telecommunications facilities in 211 its roads or rights-of-way. The notice required by this 212 paragraph must be published by the Secretary of State on a 213 designated Internet website.

The failure of a municipality or 214 county to provide such notice does not render the ordinance 215 invalid, provided that enforcement of such ordinance must be 216 suspended until 30 days after the municipality or county 217 provides the required notice. 218 (

e) The authority of municipalities and counties to require 219 franchise fees from providers of communications services, with 220 respect to the provision of communications services, is 221 specifically preempted by the state because of unique 222 circumstances applicable to providers of communications services 223 when compared to other utilities occupying municipal or county 224 roads or rights-of-way.

Providers of communications services may 225 provide similar services in a manner that requires the placement 226 of facilities in municipal or county roads or rights-of-way or 227 in a manner that does not require the placement of facilities in 228 such roads or rights-of-way. Although similar communications 229 services may be provided by different means, the state desires 230 to treat providers of communications services in a 231 nondiscriminatory manner and to have the taxes, franchise fees, 232

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 9 of 33 CODING: Words stricken are deletions; words underlined are additions. and other fees, costs, and financial or regulatory exactions 233 paid by or imposed on providers of communications services be 234 competitively neutral. Municipalities and counties retain all 235 existing authority, if any, to collect franchise fees from users 236 or occupants of municipal or county roads or rights-of-way other 237 than providers of communications services, and the provisions of 238 this subsection shall have no effect upon this authority.

The 239 provisions of this subsection do not restrict the authority, if 240 any, of municipalities or counties or other governmental 241 entities to receive reasonable rental fees based on fair market 242 value for the use of public lands and buildings on property 243 outside the public roads or rights-of-way for the placement of 244 communications antennas and towers. 245 (

f) Except as expressly allowed or authorized by general 246 law and except for the rights-of-way permit fees subject to 247 paragraph (c), a municipality or county may not levy on a 248 provider of communications services a tax, fee, or other charge 249 or imposition for operating as a provider of communications 250 services within the jurisdiction of the municipality or county 251 which is in any way related to using its roads or rights-of-way. 252 A municipality or county may not require or solicit in-kind 253 compensation, except as otherwise provided in s. 202.24(2)(c)8., 254 provided that the in-kind compensation is not a franchise fee 255 under federal law.

Nothing in this paragraph impairs the 256 authority of a municipality or county to request public, 257 educational, or governmental access channels pursuant to s. 258 610.109. Nothing in this paragraph shall impair any ordinance or 259 agreement in effect on May 22, 1998, or any voluntary agreement 260 entered into subsequent to that date, which provides for or 261

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 10 of 33 CODING: Words stricken are deletions; words underlined are additions. allows in-kind compensation by a telecommunications company. 262 (

g) A municipality or county may not use its authority over 263 the placement of facilities in its roads and rights-of-way as a 264 basis for asserting or exercising regulatory control over a 265 provider of communications services regarding matters within the 266 exclusive jurisdiction of the Florida Public Service Commission 267 or the Federal Communications Commission, including, but not 268 limited to, the operations, systems, equipment, technology, 269 qualifications, services, service quality, service territory, 270 and prices of a provider of communications services.

A 271 municipality or county may not require any permit for the 272 maintenance, repair, replacement, extension, or upgrade of 273 existing aerial wireline communications facilities on utility 274 poles or for aerial wireline facilities between existing 275 wireline communications facility attachments on utility poles by 276 a communications services provider.

However, a municipality or 277 county may require a right-of-way permit for work that involves 278 excavation, closure of a sidewalk, or closure of a vehicular 279 lane or parking lane, unless the provider is performing service 280 restoration to existing facilities. A permit application 281 required by an authority under this

section for the placement of 282 communications facilities must be processed and acted upon 283 consistent with the timeframes provided in subparagraphs 284 (7)(d)7., 8., and 9. In addition, a municipality or county may 285 not require any permit or other approval, fee, charge, or cost, 286 or other exaction for the maintenance, repair, replacement, 287 extension, or upgrade of existing aerial lines or underground 288 communications facilities located on private property outside of 289 the public rights-of-way. As used in this section, the term 290

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 11 of 33 CODING: Words stricken are deletions; words underlined are additions. “extension of existing facilities” includes those extensions 291 from the rights-of-way into a customer’s private property for 292 purposes of placing a service drop or those extensions from the 293 rights-of-way into a utility easement to provide service to a 294 discrete identifiable customer or group of customers. 295 (

h) A provider of communications services that has obtained 296 permission to occupy the roads or rights-of-way of an 297 incorporated municipality pursuant to s. 362.01 or that is 298 otherwise lawfully occupying the roads or rights-of-way of a 299 municipality or county shall not be required to obtain consent 300 to continue such lawful occupation of those roads or rights-of-301 way; however, nothing in this paragraph shall be interpreted to 302 limit the power of a municipality or county to adopt or enforce 303 reasonable rules or regulations as provided in this

section and 304 consistent with chapters 202, 364, and 610. Any such rules or 305 regulations must be in writing, and registered providers of 306 communications services in the municipality or county must be 307 given at least 60 days’ advance written notice of any changes to 308 the rules and regulations. 309 (

i) Except as expressly provided in this section, this 310

section does not modify the authority of municipalities and 311 counties to levy the tax authorized in

chapter 202 or the duties 312 of providers of communications services under ss. 337.402-313 337.404. This

section does not apply to building permits, pole 314 attachments, or private roads, private easements, and private 315 rights-of-way. 316 (

j) Notwithstanding the provisions of s. 202.19, when a 317 local communications services tax rate is changed as a result of 318 an election made or changed under this subsection, such rate may 319

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 12 of 33 CODING: Words stricken are deletions; words underlined are additions. not be rounded to tenths. 320 (6) 321 (

d) The amounts charged pursuant to this subsection shall 322 be based on the linear miles of roads or rights-of-way where a 323 communications facility is placed, not based on a summation of 324 the lengths of individual cables, conduits, strands, or fibers. 325 The amounts referenced in this subsection may be charged only 326 once annually and only to one person annually for any 327 communications facility. A municipality or county shall 328 discontinue charging such amounts to a person that has ceased to 329 be a pass-through provider.

Any annual amounts charged shall be 330 reduced for a prorated portion of any 12-month period during 331 which the person remits taxes imposed by the municipality or 332 county pursuant to

chapter 202. Any excess amounts paid to a 333 municipality or county shall be refunded to the person upon 334 written notice of the excess to the municipality or county. A 335 municipality or county may require a pass-through provider to 336 provide an annual notarized statement identifying the total 337 number of linear miles of pass-through facilities in the 338 municipality’s or county’s rights-of-way.

Upon request from a 339 municipality or county, a pass-through provider must provide 340 reasonable access to maps of pass-through facilities located in 341 the rights-of-way of the municipality or county making the 342 request. The scope of the request must be limited to only those 343 maps of pass-through facilities from which the calculation of 344 the linear miles of pass-through facilities in the rights-of-way 345 can be determined. The request must be accompanied by an 346 affidavit that the person making the request is authorized by 347 the municipality or county to review tax information related to 348

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 13 of 33 CODING: Words stricken are deletions; words underlined are additions. the revenue and mileage calculations for pass-through providers. 349 A request may not be made more than once annually to a pass-350 through provider. 351 (7)(

a) This subsection may be cited as the “Advanced 352 Wireless Infrastructure Deployment Act.” 353 (

b) As used in this subsection, the term: 354 1. “Antenna” means communications equipment that transmits 355 or receives electromagnetic radio frequency signals used in 356 providing wireless services. 357 2. “Applicable codes” means uniform building, fire, 358 electrical, plumbing, or mechanical codes adopted by a 359 recognized national code organization or local amendments to 360 those codes enacted solely to address threats of destruction of 361 property or injury to persons, and includes the National 362 Electric Safety Code and the 2017 edition of the Florida 363 Department of Transportation Utility Accommodation Manual. 364 3. “Applicant” means a person who submits an application 365 and is a wireless provider. 366 4. “Application” means a request submitted by an applicant 367 to an authority for a permit to collocate small wireless 368 facilities or to place a new utility pole used to support a 369 small wireless facility. 370 5. “Authority” means a county or municipality having 371 jurisdiction and control of the rights-of-way of any public 372 road.

The term does not include the Department of 373 Transportation. Rights-of-way under the jurisdiction and control 374 of the department are excluded from this subsection. 375 6. “Authority utility pole” means a utility pole owned by 376 an authority in the right-of-way. The term does not include a 377

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 14 of 33 CODING: Words stricken are deletions; words underlined are additions. utility pole owned by a municipal electric utility, a utility 378 pole used to support municipally owned or operated electric 379 distribution facilities, or a utility pole located in the right-380 of-way within: 381 a. A retirement community that: 382 (

I) Is deed restricted as housing for older persons as 383 defined in s. 760.29(4)(b); 384 (II) Has more than 5,000 residents; and 385 (III) Has underground utilities for electric transmission 386 or distribution. 387 b. A municipality that: 388 (

I) Is located on a coastal barrier island as defined in s. 389 161.053(1)(b)3.; 390 (II) Has a land area of less than 5 square miles; 391 (III) Has less than 10,000 residents; and 392 (IV) Has, before July 1, 2017, received referendum approval 393 to issue debt to finance municipal-wide undergrounding of its 394 utilities for electric transmission or distribution. 395 7. “Collocate” or “collocation” means to install, mount, 396 maintain, modify, operate, or replace one or more wireless 397 facilities on, under, within, or adjacent to a wireless support 398 structure or utility pole.

The term does not include the 399 installation of a new utility pole or wireless support structure 400 in the public rights-of-way. 401 8. “FCC” means the Federal Communications Commission. 402 9. “Micro wireless facility” means a small wireless 403 facility having dimensions no larger than 24 inches in length, 404 15 inches in width, and 12 inches in height and an exterior 405 antenna, if any, no longer than 11 inches. 406

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 15 of 33 CODING: Words stricken are deletions; words underlined are additions. 10. “Small wireless facility” means a wireless facility 407 that meets the following qualifications: 408 a. Each antenna associated with the facility is located 409 inside an enclosure of no more than 6 cubic feet in volume or, 410 in the case of antennas that have exposed elements, each antenna 411 and all of its exposed elements could fit within an enclosure of 412 no more than 6 cubic feet in volume; and 413 b.

All other wireless equipment associated with the 414 facility is cumulatively no more than 28 cubic feet in volume. 415 The following types of associated ancillary equipment are not 416 included in the calculation of equipment volume: electric 417 meters, concealment elements, telecommunications demarcation 418 boxes, ground-based enclosures, grounding equipment, power 419 transfer switches, cutoff switches, vertical cable runs for the 420 connection of power and other services, and utility poles or 421 other support structures. 422 11. “Utility pole” means a pole or similar structure that 423 is used in whole or in part to provide communications services 424 or for electric distribution, lighting, traffic control, 425 signage, or a similar function.

The term includes the vertical 426 support structure for traffic lights but does not include a 427 horizontal structure to which signal lights or other traffic 428 control devices are attached and does not include a pole or 429 similar structure 15 feet in height or less unless an authority 430 grants a waiver for such pole. 431 12. “Wireless facility” means equipment at a fixed location 432 which enables wireless communications between user equipment and 433 a communications network, including radio transceivers, 434 antennas, wires, coaxial or fiber-optic cable or other cables, 435

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 16 of 33 CODING: Words stricken are deletions; words underlined are additions. regular and backup power supplies, and comparable equipment, 436 regardless of technological configuration, and equipment 437 associated with wireless communications. The term includes small 438 wireless facilities. The term does not include: 439 a. The structure or improvements on, under, within, or 440 adjacent to the structure on which the equipment is collocated; 441 b. Wireline backhaul facilities; or 442 c.

Coaxial or fiber-optic cable that is between wireless 443 structures or utility poles or that is otherwise not immediately 444 adjacent to or directly associated with a particular antenna. 445 13. “Wireless infrastructure provider” means a person who 446 has been certificated under

chapter 364 to provide 447 telecommunications service or under

chapter 610 to provide cable 448 or video services in this state, or that person’s affiliate, and 449 who builds or installs wireless communication transmission 450 equipment, wireless facilities, or wireless support structures 451 but is not a wireless services provider. 452 14. “Wireless provider” means a wireless infrastructure 453 provider or a wireless services provider. 454 15. “Wireless services” means any services provided using 455 licensed or unlicensed spectrum, whether at a fixed location or 456 mobile, using wireless facilities. 457 16. “Wireless services provider” means a person who 458 provides wireless services. 459 17. “Wireless support structure” means a freestanding 460 structure, such as a monopole, a guyed or self-supporting tower, 461 or another existing or proposed structure designed to support or 462 capable of supporting wireless facilities.

The term does not 463 include a utility pole, pedestal, or other support structure for 464

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 17 of 33 CODING: Words stricken are deletions; words underlined are additions. ground-based equipment not mounted on a utility pole and less 465 than 5 feet in height. 466 (

c) Except as provided in this subsection, an authority may 467 not prohibit, regulate, or charge for the collocation of small 468 wireless facilities in the public rights-of-way or for the 469 installation, maintenance, modification, operation, or 470 replacement of utility poles used for the collocation of small 471 wireless facilities in the public rights-of-way. 472 (

d) An authority may require a registration process and 473 permit fees in accordance with subsection (3). An authority 474 shall accept applications for permits and shall process and 475 issue permits subject to the following requirements: 476 1. An authority may not directly or indirectly require an 477 applicant to perform services unrelated to the collocation for 478 which approval is sought, such as in-kind contributions to the 479 authority, including reserving fiber, conduit, or pole space for 480 the authority. 481 2.

An applicant may not be required to provide more 482 information to obtain a permit than is necessary to demonstrate 483 the applicant’s compliance with applicable codes for the 484 placement of small wireless facilities in the locations 485 identified in the application. An applicant may not be required 486 to provide inventories, maps, or locations of communications 487 facilities in the right-of-way other than as necessary to avoid 488 interference with other at-grade or aerial facilities located at 489 the specific location proposed for a small wireless facility or 490 within 50 feet of such location. 491 3.

An authority may not: 492 a. Require the placement of small wireless facilities on 493

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 18 of 33 CODING: Words stricken are deletions; words underlined are additions. any specific utility pole or category of poles; 494 b. Require the placement of multiple antenna systems on a 495 single utility pole; 496 c. Require a demonstration that collocation of a small 497 wireless facility on an existing structure is not legally or 498 technically possible as a condition for granting a permit for 499 the collocation of a small wireless facility on a new utility 500 pole except as provided in paragraph (i); 501 d.

Require compliance with an authority’s provisions 502 regarding placement of small wireless facilities or a new 503 utility pole used to support a small wireless facility in 504 rights-of-way under the control of the department unless the 505 authority has received a delegation from the department for the 506 location of the small wireless facility or utility pole, or 507 require such compliance as a condition to receive a permit that 508 is ancillary to the permit for collocation of a small wireless 509 facility, including an electrical permit; 510 e. Require a meeting before filing an application; 511 f.

Require direct or indirect public notification or a 512 public meeting for the placement of communication facilities in 513 the right-of-way; 514 g. Limit the size or configuration of a small wireless 515 facility or any of its components, if the small wireless 516 facility complies with the size limits in this subsection; 517 h. Prohibit the installation of a new utility pole used to 518 support the collocation of a small wireless facility if the 519 installation otherwise meets the requirements of this 520 subsection; or 521 i. Require that any component of a small wireless facility 522

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 19 of 33 CODING: Words stricken are deletions; words underlined are additions. be placed underground except as provided in paragraph (i). 523 4. Subject to paragraph (r), an authority may not limit the 524 placement, by minimum separation distances, of small wireless 525 facilities, utility poles on which small wireless facilities are 526 or will be collocated, or other at-grade communications 527 facilities.

However, within 14 days after the date of filing the 528 application, an authority may request that the proposed location 529 of a small wireless facility be moved to another location in the 530 right-of-way and placed on an alternative authority utility pole 531 or support structure or placed on a new utility pole. The 532 authority and the applicant may negotiate the alternative 533 location, including any objective design standards and 534 reasonable spacing requirements for ground-based equipment, for 535 30 days after the date of the request.

At the conclusion of the 536 negotiation period, if the alternative location is accepted by 537 the applicant, the applicant must notify the authority of such 538 acceptance and the application shall be deemed granted for any 539 new location for which there is agreement and all other 540 locations in the application. If an agreement is not reached, 541 the applicant must notify the authority of such nonagreement and 542 the authority must grant or deny the original application within 543 90 days after the date the application was filed.

A request for 544 an alternative location, an acceptance of an alternative 545 location, or a rejection of an alternative location must be in 546 writing and provided by electronic mail. 547 5. An authority shall limit the height of a small wireless 548 facility to 10 feet above the utility pole or structure upon 549 which the small wireless facility is to be collocated. Unless 550 waived by an authority, the height for a new utility pole is 551

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 20 of 33 CODING: Words stricken are deletions; words underlined are additions. limited to the tallest existing utility pole as of July 1, 2017, 552 located in the same right-of-way, other than a utility pole for 553 which a waiver has previously been granted, measured from grade 554 in place within 500 feet of the proposed location of the small 555 wireless facility. If there is no utility pole within 500 feet, 556 the authority shall limit the height of the utility pole to 50 557 feet. 558 6.

The installation by a communications services provider 559 of a utility pole in the public rights-of-way, other than a 560 utility pole used to support a small wireless facility, is 561 subject to authority rules or regulations governing the 562 placement of utility poles in the public rights-of-way. 563 7. Within 14 days after receiving an application, an 564 authority must determine and notify the applicant by electronic 565 mail as to whether the application is complete. If an 566 application is deemed incomplete, the authority must 567 specifically identify the missing information.

An application is 568 deemed complete if the authority fails to provide notification 569 to the applicant within 14 days. 570 8. An application must be processed on a nondiscriminatory 571 basis. A complete application is deemed approved if an authority 572 fails to approve or deny the application within 60 days after 573 receipt of the application. If an authority does not use the 30-574 day negotiation period provided in subparagraph 4., the parties 575 may mutually agree to extend the 60-day application review 576 period. The authority shall grant or deny the application at the 577 end of the extended period.

A permit issued pursuant to an 578 approved application shall remain effective for 1 year unless 579 extended by the authority. 580

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 21 of 33 CODING: Words stricken are deletions; words underlined are additions. 9. An authority must notify the applicant of approval or 581 denial by electronic mail. An authority shall approve a complete 582 application unless it does not meet the authority’s applicable 583 codes.

If the application is denied, the authority must specify 584 in writing the basis for denial, including the specific code 585 provisions on which the denial was based, and send the 586 documentation to the applicant by electronic mail on the day the 587 authority denies the application. The applicant may cure the 588 deficiencies identified by the authority and resubmit the 589 application within 30 days after notice of the denial is sent to 590 the applicant. The authority shall approve or deny the revised 591 application within 30 days after receipt or the application is 592 deemed approved.

The review of a revised application is limited 593 to the deficiencies cited in the denial. If an authority 594 provides for administrative review of the denial of an 595 application, the review must be complete and a written decision 596 issued within 45 days after a written request for review is 597 made. A denial must identify the specific code provisions on 598 which the denial is based. If the administrative review is not 599 complete within 45 days, the authority waives any claim 600 regarding failure to exhaust administrative remedies in any 601 judicial review of the denial of an application. 602 10.

An applicant seeking to collocate small wireless 603 facilities within the jurisdiction of a single authority may, at 604 the applicant’s discretion, file a consolidated application and 605 receive a single permit for the collocation of up to 30 small 606 wireless facilities. If the application includes multiple small 607 wireless facilities, an authority may separately address small 608 wireless facility collocations for which incomplete information 609

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 22 of 33 CODING: Words stricken are deletions; words underlined are additions. has been received or which are denied. 610 11. An authority may deny an application to collocate a 611 small wireless facility or place a utility pole used to support 612 a small wireless facility in the public rights-of-way if the 613 proposed small wireless facility or utility pole used to support 614 a small wireless facility: 615 a. Materially interferes with the safe operation of traffic 616 control equipment. 617 b.

Materially interferes with sight lines or clear zones 618 for transportation, pedestrians, or public safety purposes. 619 c. Materially interferes with compliance with the Americans 620 with Disabilities Act or similar federal or state standards 621 regarding pedestrian access or movement. 622 d. Materially fails to comply with the 2017 edition of the 623 Florida Department of Transportation Utility Accommodation 624 Manual. 625 e. Fails to comply with applicable codes. 626 f. Fails to comply with objective design standards 627 authorized under paragraph (r). 628 12.

An authority may adopt by ordinance provisions for 629 insurance coverage, indemnification, force majeure, abandonment, 630 authority liability, or authority warranties. Such provisions 631 must be reasonable and nondiscriminatory. An authority may 632 require a construction bond to secure restoration of the 633 postconstruction rights-of-way to the preconstruction condition. 634 However, such bond must be time-limited to not more than 18 635 months after the construction to which the bond applies is 636 completed.

For any financial obligation required by an authority 637 allowed under this section, the authority shall accept a letter 638

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 23 of 33 CODING: Words stricken are deletions; words underlined are additions. of credit or similar financial instrument issued by any 639 financial institution that is authorized to do business within 640 the United States, provided that a claim against the financial 641 instrument may be made by electronic means, including by 642 facsimile.

A provider of communications services may add an 643 authority to any existing bond, insurance policy, or other 644 relevant financial instrument, and the authority must accept 645 such proof of coverage without any conditions other than consent 646 to venue for purposes of any litigation to which the authority 647 is a party. An authority may not require a communications 648 services provider to indemnify it for liabilities not caused by 649 the provider, including liabilities arising from the authority’s 650 negligence, gross negligence, or willful conduct. 651 13.

Collocation of a small wireless facility on an 652 authority utility pole does not provide the basis for the 653 imposition of an ad valorem tax on the authority utility pole. 654 14. An authority may reserve space on authority utility 655 poles for future public safety uses.

However, a reservation of 656 space may not preclude collocation of a small wireless facility. 657 If replacement of the authority utility pole is necessary to 658 accommodate the collocation of the small wireless facility and 659 the future public safety use, the pole replacement is subject to 660 make-ready provisions and the replaced pole shall accommodate 661 the future public safety use. 662 15. A structure granted a permit and installed pursuant to 663 this subsection shall comply with

chapter 333 and federal 664 regulations pertaining to airport airspace protections. 665 (

e) An authority may not require any permit or other 666 approval or require fees or other charges, costs, or other 667

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 24 of 33 CODING: Words stricken are deletions; words underlined are additions. exactions for: 668 1. Routine maintenance, the performance of service 669 restoration work on existing facilities, or repair work, 670 including, but not limited to, emergency repairs of existing 671 facilities or extensions of such facilities for providing 672 communications services to customers; 673 2. Replacement of existing wireless facilities with 674 wireless facilities that are substantially similar or of the 675 same or smaller size; or 676 3.

Installation, placement, maintenance, or replacement of 677 micro wireless facilities that are suspended on cables strung 678 between existing utility poles in compliance with applicable 679 codes by or for a communications services provider authorized to 680 occupy the rights-of-way and who is remitting taxes under 681

chapter 202. An authority may require an initial letter from or 682 on behalf of such provider, which is effective upon filing, 683 attesting that the micro wireless facility dimensions comply 684 with the limits of this subsection.

The authority may not 685 require any additional filing or other information as long as 686 the provider is deploying the same, a substantially similar, or 687 a smaller size micro wireless facility equipment. 688 689 Notwithstanding this paragraph, an authority may require a 690 right-of-way permit for work that involves excavation, closure 691 of a sidewalk, or closure of a vehicular lane or parking lane, 692 unless the provider is performing service restoration on an 693 existing facility and the work is done in compliance with the 694 2017 edition of the Florida Department of Transportation Utility 695 Accommodation Manual.

An authority may require notice of such 696

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 25 of 33 CODING: Words stricken are deletions; words underlined are additions. work within 30 days after restoration and may require an after-697 the-fact permit for work which would otherwise have required a 698 permit. 699 (

f) Collocation of small wireless facilities on authority 700 utility poles is subject to the following requirements: 701 1. An authority may not enter into an exclusive arrangement 702 with any person for the right to attach equipment to authority 703 utility poles. 704 2. The rates and fees for collocations on authority utility 705 poles must be nondiscriminatory, regardless of the services 706 provided by the collocating person. 707 3. The rate to collocate small wireless facilities on an 708 authority utility pole may not exceed $150 per pole annually. 709 4.

Agreements between authorities and wireless providers 710 that are in effect on July 1, 2017, and that relate to the 711 collocation of small wireless facilities in the right-of-way, 712 including the collocation of small wireless facilities on 713 authority utility poles, remain in effect, subject to applicable 714 termination provisions. The wireless provider may accept the 715 rates, fees, and terms established under this subsection for 716 small wireless facilities and utility poles that are the subject 717 of an application submitted after the rates, fees, and terms 718 become effective. 719 5.

A person owning or controlling an authority utility pole 720 shall offer rates, fees, and other terms that comply with this 721 subsection. By the later of January 1, 2018, or 3 months after 722 receiving a request to collocate its first small wireless 723 facility on a utility pole owned or controlled by an authority, 724 the person owning or controlling the authority utility pole 725

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 26 of 33 CODING: Words stricken are deletions; words underlined are additions. shall make available, through ordinance or otherwise, rates, 726 fees, and terms for the collocation of small wireless facilities 727 on the authority utility pole which comply with this subsection. 728 a. The rates, fees, and terms must be nondiscriminatory and 729 competitively neutral and must comply with this subsection. 730 b.

For an authority utility pole that supports an aerial 731 facility used to provide communications services or electric 732 service, the parties shall comply with the process for make-733 ready work under 47 U.S.C. s. 224 and implementing regulations. 734 The good faith estimate of the person owning or controlling the 735 pole for any make-ready work necessary to enable the pole to 736 support the requested collocation must include pole replacement 737 if necessary. 738 c.

For an authority utility pole that does not support an 739 aerial facility used to provide communications services or 740 electric service, the authority shall provide a good faith 741 estimate for any make-ready work necessary to enable the pole to 742 support the requested collocation, including necessary pole 743 replacement, within 60 days after receipt of a complete 744 application. Make-ready work, including any pole replacement, 745 must be completed within 60 days after written acceptance of the 746 good faith estimate by the applicant.

Alternatively, an 747 authority may require the applicant seeking to collocate a small 748 wireless facility to provide a make-ready estimate at the 749 applicant’s expense for the work necessary to support the small 750 wireless facility, including pole replacement, and perform the 751 make-ready work. If pole replacement is required, the scope of 752 the make-ready estimate is limited to the design, fabrication, 753 and installation of a utility pole that is substantially similar 754

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 27 of 33 CODING: Words stricken are deletions; words underlined are additions. in color and composition. The authority may not condition or 755 restrict the manner in which the applicant obtains, develops, or 756 provides the estimate or conducts the make-ready work subject to 757 usual construction restoration standards for work in the right-758 of-way. The replaced or altered utility pole shall remain the 759 property of the authority. 760 d.

An authority may not require more make-ready work than 761 is required to meet applicable codes or industry standards. Fees 762 for make-ready work may not include costs related to preexisting 763 damage or prior noncompliance. Fees for make-ready work, 764 including any pole replacement, may not exceed actual costs or 765 the amount charged to communications services providers other 766 than wireless services providers for similar work and may not 767 include any consultant fee or expense. 768 (

g) For any applications filed before the effective date of 769 ordinances implementing this subsection, an authority may apply 770 current ordinances relating to placement of communications 771 facilities in the right-of-way related to registration, 772 permitting, insurance coverage, indemnification, force majeure, 773 abandonment, authority liability, or authority warranties. 774 Permit application requirements and small wireless facility 775 placement requirements, including utility pole height limits, 776 that conflict with this subsection must be waived by the 777 authority.

An authority may not institute, either expressly or 778 de facto, a moratorium, zoning-in-progress, or other mechanism 779 that would prohibit or delay the filing, receiving, or 780 processing of registrations, applications, or issuing of permits 781 or other approvals for the collocation of small wireless 782 facilities or the installation, modification, or replacement of 783

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 28 of 33 CODING: Words stricken are deletions; words underlined are additions. utility poles used to support the collocation of small wireless 784 facilities. 785 (

h) Except as provided in this

section or specifically 786 required by state law, an authority may not adopt or enforce any 787 regulation on the placement or operation of communications 788 facilities in the rights-of-way by a provider authorized by 789 state law to operate in the rights-of-way and may not regulate 790 any communications services or impose or collect any tax, fee, 791 or charge not specifically authorized under state law. This 792 paragraph does not alter any law regarding an authority’s 793 ability to regulate the relocation of facilities. 794 (i)1.

In an area where an authority has required all public 795 utility lines in the rights-of-way to be placed underground, a 796 wireless provider must comply with written, objective, 797 reasonable, and nondiscriminatory requirements that prohibit new 798 utility poles used to support small wireless facilities if: 799 a. The authority, at least 90 days prior to the submission 800 of an application, has required all public utility lines to be 801 placed underground; 802 b.

Structures that the authority allows to remain above 803 ground are reasonably available to wireless providers for the 804 collocation of small wireless facilities and may be replaced by 805 a wireless provider to accommodate the collocation of small 806 wireless facilities; and 807 c. A wireless provider may install a new utility pole in 808 the designated area in the right-of-way that otherwise complies 809 with this subsection and it is not reasonably able to provide 810 wireless service by collocating on a remaining utility pole or 811 other structure in the right-of-way. 812

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 29 of 33 CODING: Words stricken are deletions; words underlined are additions. 2. For small wireless facilities installed before an 813 authority adopts requirements that public utility lines be 814 placed underground, an authority adopting such requirements 815 must: 816 a. Allow a wireless provider to maintain the small wireless 817 facilities in place subject to any applicable pole attachment 818 agreement with the pole owner; or 819 b. Allow the wireless provider to replace the associated 820 pole within 50 feet of the prior location in accordance with 821 paragraph (r). 822 (

j) A wireless infrastructure provider may apply to an 823 authority to place utility poles in the public rights-of-way to 824 support the collocation of small wireless facilities. The 825 application must include an attestation that small wireless 826 facilities will be collocated on the utility pole or structure 827 and will be used by a wireless services provider to provide 828 service within 9 months after the date the application is 829 approved. The authority shall accept and process the application 830 in accordance with subparagraph (d)6. and any applicable codes 831 and other local codes governing the placement of utility poles 832 in the public rights-of-way. 833 (

k) This subsection does not limit a local government’s 834 authority to enforce historic preservation zoning regulations 835 consistent with the preservation of local zoning authority under 836 47 U.S.C. s. 332(c)(7), the requirements for facility 837 modifications under 47 U.S.C. s. 1455(a), or the National 838 Historic Preservation Act of 1966, as amended, and the 839 regulations adopted to implement such laws. An authority may 840 enforce local codes, administrative rules, or regulations 841

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 30 of 33 CODING: Words stricken are deletions; words underlined are additions. adopted by ordinance in effect on April 1, 2017, which are 842 applicable to a historic area designated by the state or 843 authority. An authority may enforce pending local ordinances, 844 administrative rules, or regulations applicable to a historic 845 area designated by the state if the intent to adopt such changes 846 has been publicly declared on or before April 1, 2017. An 847 authority may waive any ordinances or other requirements that 848 are subject to this paragraph. 849 (

l) This subsection does not authorize a person to 850 collocate or attach wireless facilities, including any antenna, 851 micro wireless facility, or small wireless facility, on a 852 privately owned utility pole, a utility pole owned by an 853 electric cooperative or a municipal electric utility, a 854 privately owned wireless support structure, or other private 855 property without the consent of the property owner. 856 (

m) The approval of the installation, placement, 857 maintenance, or operation of a small wireless facility pursuant 858 to this subsection does not authorize the provision of any 859 voice, data, or video communications services or the 860 installation, placement, maintenance, or operation of any 861 communications facilities other than small wireless facilities 862 in the right-of-way. 863 (

n) This subsection does not affect provisions relating to 864 pass-through providers in subsection (6). 865 (

o) This subsection does not authorize a person to 866 collocate or attach small wireless facilities or micro wireless 867 facilities on a utility pole, unless otherwise permitted by 868 federal law, or erect a wireless support structure in the right-869 of-way located within a retirement community that: 870

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 31 of 33 CODING: Words stricken are deletions; words underlined are additions. 1. Is deed restricted as housing for older persons as 871 defined in s. 760.29(4)(b); 872 2. Has more than 5,000 residents; and 873 3.

Has underground utilities for electric transmission or 874 distribution. 875 876 This paragraph does not apply to the installation, placement, 877 maintenance, or replacement of micro wireless facilities on any 878 existing and duly authorized aerial communications facilities, 879 provided that once aerial facilities are converted to 880 underground facilities, any such collocation or construction 881 shall be only as provided by the municipality’s underground 882 utilities ordinance. 883 (

p) This subsection does not authorize a person to 884 collocate or attach small wireless facilities or micro wireless 885 facilities on a utility pole, unless otherwise permitted by 886 federal law, or erect a wireless support structure in the right-887 of-way located within a municipality that: 888 1. Is located on a coastal barrier island as defined in s. 889 161.053(1)(b)3.; 890 2. Has a land area of less than 5 square miles; 891 3. Has fewer than 10,000 residents; and 892 4.

Has, before July 1, 2017, received referendum approval 893 to issue debt to finance municipal-wide undergrounding of its 894 utilities for electric transmission or distribution. 895 896 This paragraph does not apply to the installation, placement, 897 maintenance, or replacement of micro wireless facilities on any 898 existing and duly authorized aerial communications facilities, 899

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 32 of 33 CODING: Words stricken are deletions; words underlined are additions. provided that once aerial facilities are converted to 900 underground facilities, any such collocation or construction 901 shall be only as provided by the municipality’s underground 902 utilities ordinance. 903 (

q) This subsection does not authorize a person to 904 collocate small wireless facilities or micro wireless facilities 905 on an authority utility pole or erect a wireless support 906 structure in a location subject to covenants, conditions, 907 restrictions, articles of incorporation, and bylaws of a 908 homeowners’ association. This paragraph does not apply to the 909 installation, placement, maintenance, or replacement of micro 910 wireless facilities on any existing and duly authorized aerial 911 communications facilities. 912 (

r) An authority may require wireless providers to comply 913 with objective design standards adopted by ordinance. The 914 ordinance may only require: 915 1. A new utility pole that replaces an existing utility 916 pole to be of substantially similar design, material, and color; 917 2. Reasonable spacing requirements concerning the location 918 of a ground-mounted component of a small wireless facility which 919 does not exceed 15 feet from the associated support structure; 920 or 921 3.

A small wireless facility to meet reasonable location 922 context, color, camouflage, and concealment requirements, 923 subject to the limitations in this subsection; and 924 4. A new utility pole used to support a small wireless 925 facility to meet reasonable location context, color, and 926 material of the predominant utility pole type at the proposed 927 location of the new utility pole. 928

Florida Senate - 2020 SB 1848 37-01834-20 20201848__ Page 33 of 33 CODING: Words stricken are deletions; words underlined are additions. 929 Such design standards under this paragraph may be waived by the 930 authority upon a showing that the design standards are not 931 reasonably compatible for the particular location of a small 932 wireless facility or utility pole or are technically infeasible 933 or that the design standards impose an excessive expense. The 934 waiver must be granted or denied within 45 days after the date 935 of the request. 936 (8)(

a) Any person aggrieved by a violation of this

section 937 may bring a civil action in a United States District Court or in 938 any other court of competent jurisdiction. 939 (

b) The court may: 940 1. Grant temporary or permanent injunctions on terms as it 941 may deem reasonable to prevent or restrain violations of this 942 section; and 943 2. Direct the recovery of full costs, including awarding 944 reasonable attorney fees, to the party who prevails. 945

(9) All work in the authority’s rights-of-way under this 946

section must comply with the 2017 edition of the Florida 947 Department of Transportation Utility Accommodation Manual. 948

Section 2. This act shall take effect July 1, 2020. 949