HB 693 — Communications Services

A municipality or county may not require athe providerregistrant to payprovide aan fee,inventory cost,of communications facilities, maps, locations of such facilities, or other chargeinformation forby registrationa registrant as a condition of registration, renewal, or renewalfor thereof.any other purpose;

provided, however, that a municipality or county may require as part of a permit application that an applicant identify at-grade communications facilities within 50 feet of the proposed installation location for the placement of at-grade communications facilities.

A municipality or county may not require a provider to pay any fee, cost, or other charge for registration or renewal thereof.

Except as provided in this chapter or otherwise expressly authorized by chapter 202, chapter 364, or chapter 610, a municipality or county may not adopt or enforce any ordinance, regulation, or requirement as to thePage placement8 or operation of communications46 facilitiesCODING: in a right-of-way by a communications services provider authorized by state or local law to operate in a right- of-way;

regulate any communications services;

or impose or collect any tax, fee, cost, charge, or exaction for the provision of communications services over the communications services provider's communications facilities in a right-of-way.

(b) Registration described in paragraph (a) does not establish a right to place or maintain, or priority for the Page 8 of 42 CODING:

hb0693-02-c2hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 693 2019 the placement or maintenanceoperation of,of communications facilities in a right-of-way by a communications facilityservices inprovider roadsauthorized by state or rights-of-waylocal oflaw ato municipalityoperate orin county.a right-of-way;

regulate any communications services;

or impose or collect any tax, fee, cost, charge, or exaction for the provision of communications services over the communications services provider's communications facilities in a right-of-way.

(b) Registration described in paragraph (a) does not establish a right to place or maintain, or priority for the placement or maintenance of, a communications facility in roads or rights-of-way of a municipality or county.

(c) Any municipality or county that, as of January 1, 2019, elected to require permit fees from any provider of communications services that uses or occupies municipal or countyPage roads9 orof rights-of-way46 pursuantCODING: to former paragraph (c) or former paragraph (j), Florida Statutes 2018, may continue to require and collect such fees.

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hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 693 2019 county roads or rights-of-way pursuant to former paragraph (c) or paragraph (j), Florida Statutes 2018, may continue to require and collect such fees.

It is the intention of the state to treat all providers of communications services that use or occupy municipal or Pagecharter 9county roads or rights-of-way for the provision of 42communications CODING:services in a nondiscriminatory and competitively neutral manner with respect to the payment of permit fees.

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hb0693-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 693 2019 charter county roads or rights-of-way for the provision of communications services in a nondiscriminatory and competitively neutral manner with respect to the payment of permit fees.

a.(I) The municipality or charter county may require and collect permit fees from any providers of communications servicesPage that10 useof or46 occupyCODING: municipal or county roads or rights- of-way.

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hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 693 2019 services that use or occupy municipal or county roads or rights- of-way.

Pageinclude 10the costs of 42roads CODING:or rights-of-way acquisition or roads or rights-of-way rental;

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hb0693-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 693 2019 include the costs of roads or rights-of-way acquisition or roads or rights-of-way rental;

or for any activity that does not require the physical disturbance of the roads or rights-of-way or does not impair access to or full use ofPage the11 roads or rights-of-way, including, but not limited to, any emergency repairs of existing46 facilities,CODING: extensions of such facilities for providing communications services to customers, and the placement of micro wireless facilities under subparagraph (7)(e)3.

(II) To ensure competitive neutrality among providers of communications services, for any municipality or charter county that elects to exercise its authority to require and collect permit fees under this sub-subparagraph, the rate of the local Page 11 of 42 CODING:

hb0693-02-c2hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 693 2019 of the roads or rights-of-way, including, but not limited to, the performance of service restoration work on existing facilities, extensions of such facilities for providing communications services taxto imposedcustomers, byand suchthe jurisdiction,placement asof computedmicro underwireless s.facilities in accordance with subparagraph (7)(e)3.

(II) To ensure competitive neutrality among providers of communications services, for any municipality or charter county that elects to exercise its authority to require and collect permit fees under this sub-subparagraph, the rate of the local communications services tax imposed by such jurisdiction, as computed under s.

202.20 for that municipality or charter county may be increasedPage by12 ordinance or resolution by an amount not to exceed a rate of 0.1246 percent.CODING:

If a municipality or charter county elects to increase its rate effective October 1, 2001, the municipality or charter county shall inform the department of such increased rate by certified mail postmarked on or before July 16, 2001.

c.

A municipality or charter county that does not make an election as provided for in this subparagraph shall be presumed to have elected to operate under the provisions of sub- Page 12 of 42 CODING:

hb0693-02-c2hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 693 2019 subparagraphincreased b.by ordinance or resolution by an amount not to exceed a rate of 0.12 percent.

If a municipality or charter county elects to increase its rate effective October 1, 2001, the municipality or charter county shall inform the department of such increased rate by certified mail postmarked on or before July 16, 2001.

c.

A municipality or charter county that does not make an election as provided for in this subparagraph shall be presumed to have elected to operate under the provisions of sub- subparagraph b.

be offset against the tax imposed under chapterPage 202;13 of 46 CODING:

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hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 693 2019 chapter 202;

In addition to the limitations set forth in this Pagesection, 13a offee 42levied CODING:by a noncharter county under this sub- subparagraph may not exceed $100.

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hb0693-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 693 2019 section, a fee levied by a noncharter county under this sub- subparagraph may not exceed $100.

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If a noncharter county elects to not require permit fees operate under this sub-subparagraph, the total rate for the local communications services tax as computed under s.

202.20 for that noncharter county may be increased by ordinance or resolution by an amount not to exceed a rate of 0.24 percent, to replace the revenue the noncharter county would otherwise have received from permit fees for providers of communications services.

If a noncharter county elects to increase its rate effective October 1, 2001, the noncharter county shall inform Page 14 of 42 CODING:

hb0693-02-c2hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 693 2019 the2. department of such increased rate by certified mail postmarked on or before July 16, 2001.

If a noncharter county elects to not require permit fees operate under this sub-subparagraph, the total rate for the local communications services tax as computed under s.

202.20 for that noncharter county may be increased by ordinance or resolution by an amount not to exceed a rate of 0.24 percent, to replace the revenue the noncharter county would otherwise have received from permit fees for providers of communications services.

If a noncharter county elects to increase its rate effective October 1, 2001, the noncharter county shall inform the department of such increased rate by certified mail postmarked on or before July 16, 2001.

After January 1, 2001, In addition toPage any other notice requirements, a county must provide to the Secretary of State, at least 15 days prior to consideration at a public hearing, notice of a46 proposedCODING: ordinance governing a telecommunications company placing or maintaining telecommunications facilities in its roads or rights-of-way.

The notice required by this paragraph must be published by the Secretary of State on a designated Internet website.

The failure of a municipality or county to provide such notice does not render the ordinance invalid, provided that enforcement of such Page 15 of 42 CODING:

hb0693-02-c2hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 693 2019 ordinanceto mustany beother suspendednotice untilrequirements, thea municipalitycounty ormust countyprovide providesto the requiredSecretary of State, at least 15 days prior to consideration at a public hearing, notice andof dulya considersproposed amendmentsordinance fromgoverning affecteda persons.telecommunications company placing or maintaining telecommunications facilities in its roads or rights-of-way.

The notice required by this paragraph must be published by the Secretary of State on a designated Internet website.

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

Although similar communications services may be provided by different means, the state desires to treat providers of communications services in a nondiscriminatory manner and to have the taxes, franchise fees, andPage other16 fees, costs, and financial or regulatory exactions paid by or imposed on providers of communications46 servicesCODING: be competitively neutral.

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

The provisions of this subsection do not restrict the authority, if Page 16 of 42 CODING:

hb0693-02-c2hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 693 2019 any,and of municipalities or counties or other governmentalfees, entitiescosts, to receive reasonable rental fees based on fair market value for the use of public lands and buildingsfinancial onor propertyregulatory outsideexactions thepaid publicby roads or rights-of-wayimposed foron theproviders placement of communications antennasservices andbe towers.competitively neutral.

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

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

Nothing in this paragraph shallimpairs impairthe anyauthority ordinanceof ora agreementmunicipality in effect on May 22, 1998, or anycounty voluntary agreement entered into subsequent to thatrequest date,Page which17 providesof for46 orCODING: allows in-kind compensation by a telecommunications company.

(g) A municipality or county may not use its authority over the placement of facilities in its roads and rights-of-way as a basis for asserting or exercising regulatory control over a provider of communications services regarding matters within the exclusive jurisdiction of the Florida Public Service Commission Page 17 of 42 CODING:

hb0693-02-c2hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 693 2019 orpublic, theeducational, Federalor Communicationsgovernmental Commission,access including,channels butpursuant notto limiteds. to, the operations, systems, equipment, technology, qualifications, services, service quality, service territory, and prices of a provider of communications services.

A610.109. municipality or county may not require a permit for the maintenance, repair, replacement, extension, or upgrade of existing aerial wireline communications facilities on utility poles or for aerial wireline facilities between existing wireline communications facility attachments on utility poles by a communications services provider.

However,Nothing ain municipalitythis orparagraph countyshall mayimpair requireany aordinance right-of-wayor permitagreement forin workeffect thaton involvesMay excavation,22, closure1998, of a sidewalk, or closureany ofvoluntary aagreement vehicularentered lane,into unlesssubsequent theto providerthat isdate, makingwhich emergencyprovides restorationfor or repairallows workin-kind tocompensation existingby facilities.a telecommunications company.

(g) A permitmunicipality applicationor requiredcounty bymay annot use its authority underover thisthe sectionplacement of facilities in its roads and rights-of-way as a basis for theasserting placementor exercising regulatory control over a provider of communications facilitiesservices mustregarding bematters processedwithin andthe actedexclusive uponjurisdiction consistentof withthe Florida Public Service Commission or the timeframesFederal providedCommunications inCommission, subparagraphsincluding, (7)(d)7.-9.but not limited to, the operations, systems, equipment, technology, qualifications, services, service quality, service territory, and prices of a provider of communications services.

InA addition, a municipality or county may not require any permit or other approval, fee, charge, or cost, or other exaction for the maintenance, repair, replacement, extension, or upgrade of existing aerial wireline communications facilities on utility poles or undergroundfor communicationsaerial wireline facilities locatedbetween existing wireline communications facility attachments on privateutility propertypoles outsideby ofa thecommunications publicservices rights-of-way.provider.

(h)However, Aa providermunicipality ofor communicationscounty servicesmay thatrequire hasa obtainedright-of-way permissionpermit tofor occupywork thethat roadsinvolves orexcavation, rights-of-wayclosure of ana Pagesidewalk, 18or closure of 42a CODING:vehicular lane or parking lane, unless the provider is performing service restoration to existing facilities.

A permit application Page 18 of 46 CODING:

hb0693-02-c2hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 693 2019 incorporatedrequired municipalityby pursuantan toauthority s.under this section for the placement of communications facilities must be processed and acted upon consistent with the timeframes provided in subparagraphs (7)(d)7., 8., and 9.

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

As used in this section, the term "extension of existing facilities" includes those extensions from the rights of way into a customer's private property for purposes of placing a service drop or those extensions from the rights of way into a utility easement to provide service to a discrete identifiable customer or group of customers.

(h) A provider of communications services that has obtained permission to occupy the roads or rights-of-way of an incorporated municipality pursuant to s.

Any such rules or regulations must be in writing, and registered providers of communicationsPage services19 in the municipality or county must be given at least 60 days advance written notice of any46 changesCODING: to the rules and regulations.

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hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 693 2019 communications services in the municipality or county must be given at least 60 days advance written notice of any changes to the rules and regulations.

If a municipality or charter county changes its election under this paragraph in order to exercise its authority Pageto 19require and collect permit fees in accordance with this subsection, the rate of 42the CODING:local communications services tax imposed by such jurisdiction pursuant to ss.

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hb0693-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 693 2019 to require and collect permit fees in accordance with this subsection, the rate of the local communications services tax imposed by such jurisdiction pursuant to ss.

If a municipality or charter county changes its election under this paragraph in order to discontinue requiring and collecting permit fees, the rate of the local communications servicesPage tax20 imposedof by46 suchCODING: jurisdiction pursuant to ss.

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hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 693 2019 services tax imposed by such jurisdiction pursuant to ss.

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hb0693-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 693 2019 3.a.

202.21, provide to all dealers providingPage communications21 services in such jurisdiction written notice of such46 changeCODING: of election by September 1 immediately preceding the January 1 on which such change of election becomes effective.

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hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 693 2019 providing communications services in such jurisdiction written notice of such change of election by September 1 immediately preceding the January 1 on which such change of election becomes effective.

(6) (e)(d) ThisThe amounts charged pursuant to this subsection doesshall be based on the linear miles of roads or rights-of-way where a communications facility is placed, not alterbased anyon provisiona summation of thisthe sectionlengths of individual cables, conduits, strands, or s.fibers.

202.24The relatingamounts toreferenced taxes,in fees,this orsubsection othermay chargesbe Pagecharged 21only ofonce 42annually CODING:and only to one person annually for any communications facility.

A municipality or county shall discontinue charging such amounts to a person that has ceased to be a pass-through provider.

Any annual amounts charged shall be reduced for a prorated portion of any 12-month period during which the person remits taxes imposed by the municipality or Page 22 of 46 CODING:

hb0693-02-c2hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 693 2019 or impositions by a municipality or county onpursuant ato dealerchapter of202. communications services or authorize that any charges be assessed on a dealer of communications services, except as specifically set forth herein.

AAny municipalityexcess or county may not charge a pass-through provider any amounts otherpaid than the charges under this subsection as a condition to the placement or maintenance of a communications facility in the roads or rights- of-way of a municipality or county byshall abe pass-throughrefunded provider,to exceptthe thatperson aupon municipalitywritten ornotice countyof maythe imposeexcess permitto fees on a pass-through provider consistent with paragraph (3)(c) if the municipality or countycounty. elects to exercise its authority to collect permit fees under paragraph (3)(c).

A municipality or county may require a pass-through provider to provide an annual notarized statement identifying the total number of linear miles of pass-through facilities in the municipality's or county's rights-of-way.

Upon request from a municipality or county, a pass-through provider must provide reasonable access to maps of pass-through facilities located in the rights-of-way of the municipality or county making the request.

The scope of the request must be limited to only those maps of pass-through facilities from which the calculation of the linear miles of pass-through facilities in the rights-of-way can be determined.

The request must be accompanied by an affidavit that the person making the request is authorized by the municipality or county to review tax information related to the revenue and mileage calculations for pass-through providers.

A request may not be made more than once annually to a pass- through provider.

(e) This subsection does not alter any provision of this section or s.

202.24 relating to taxes, fees, or other charges or impositions by a municipality or county on a dealer of communications services or authorize that any charges be assessed on a dealer of communications services, except as specifically set forth herein.

A municipality or county may not Page 23 of 46 CODING:

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hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 693 2019 charge a pass-through provider any amounts other than the charges under this subsection as a condition to the placement or maintenance of a communications facility in the roads or rights- of-way of a municipality or county by a pass-through provider, except that a municipality or county may impose permit fees on a pass-through provider consistent with paragraph (3)(c) if the municipality or county elects to exercise its authority to collect permit fees under paragraph (3)(c).

Notwithstanding the foregoing, this subsection does not impair any written agreement between a pass-through provider and a municipality or county imposing per linear foot or mile charges for communications facilities placed in municipal or Pagecounty 22roads or rights-of-way that is in effect prior to the effective date of 42this CODING:subsection.

Upon the termination or expiration of any such written agreement, any charges imposed must shall be consistent with this section paragraph (b) or Page 24 of 46 CODING:

hb0693-02-c2hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 693 2019 countyparagraph roads(c). or rights-of-way that is in effect prior to the effective date of this subsection.

Upon the termination or expiration of any such written agreement, any charges imposed must shall be consistent with this section paragraph (b) or paragraph (c).

"Applicable codes" means uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes enacted solely to address threats of destruction of property or injury to persons, and includes the National Electric Safety Code and the 2017 edition of the Florida Department of Transportation Utility Accommodation Manual or local codes or ordinances adopted to implement this subsection.

The term includes objective design standards adopted by ordinance that may require a new utility pole that replaces an existing utility pole to be of substantially similar design, Page 2325 of 4246 CODING:

hb0693-02-c2hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 693 2019 a new utility pole that replaces an existing utility pole to be of substantially similar design, material, and color or that may require reasonable spacing requirements concerning the location of ground-mounted equipment.

The term does not include a utility pole owned by a municipal electric utility, a utility Page 2426 of 4246 CODING:

hb0693-02-c2hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 693 2019 utility pole owned by a municipal electric utility, a utility pole used to support municipally owned or operated electric distribution facilities, or a utility pole located in the right- of-way within:

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"Micro wireless facility" means a small wireless Page 27 of 46 CODING:

hb0693-02-c2hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 693 2019 9.facility having dimensions no larger than 24 inches in length, 15 inches in width, and 12 inches in height and an exterior antenna, if any, no longer than 11 inches.

"Micro wireless facility" means a small wireless facility having dimensions no larger than 24 inches in length, 15 inches in width, and 12 inches in height and an exterior antenna, if any, no longer than 11 inches.

The term includes the vertical support structure for traffic lights but does not include a horizontal structure to which signal lights or other traffic Page 2628 of 4246 CODING:

hb0693-02-c2hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 693 2019 horizontal structure to which signal lights or other traffic control devices are attached and does not include a pole or similar structure 15 feet in height or less unless an authority grants a waiver for such pole.

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"Wireless provider" means a wireless infrastructure Page 29 of 46 CODING:

hb0693-02-c2hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 693 2019 14.provider or a wireless services provider.

"Wireless provider" means a wireless infrastructure provider or a wireless services provider.

The term does not include a utility pole, pedestal, or other support structure for ground-based equipment not mounted on a utility pole thatand are less than 105 feet in height.

An authority may not directly or indirectly require an applicant to perform services unrelated to the collocation for Page 2830 of 4246 CODING:

hb0693-02-c2hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 693 2019 applicant to perform services unrelated to the collocation for which approval is sought, such as in-kind contributions to the authority, including reserving fiber, conduit, or pole space for the authority.

An applicant may not be required to provide inventories, maps, or locations of communications facilities in the right-of-wayrights-of-way other than as necessary to avoid interference with other at-grade or aerial facilities located at the specific location proposed for a small wireless facility or within 2550 feet of such location.

Require a demonstration that collocation of a small wireless facility on an existing structure is not legally or technically possible as a condition for granting a permit for the collocation of a small wireless facility on a new utility pole;pole except as provided in paragraph (i);

Require compliance with an authority's provisions regarding placement of small wireless facilities or a new Page 2931 of 4246 CODING:

hb0693-02-c2hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 693 2019 regarding placement of small wireless facilities or new utility polespole used to support a small wireless facilitiesfacility in rights-of-way under the control of the department unless the authority has received a delegation from the department for the location of the small wireless facility or utility pole, or require such compliance as a condition to receive a permit that is ancillary to the permit for collocation of a small wireless facility, including an electrical permit;

Limit the size or configuration of a small wireless facility or any of its componentscomponents, if the small wireless facility complies with the size limits in this subsection;

Require that any component of a small wireless facility be placed underground;underground except as provided in paragraph (i).

or j.

Require that any existing communication facility be placed underground, except as provided in ss.

337.403 and 337.404.

Subject to sub-subparagraphparagraph (f)6.b.,(r), an authority may Pagenot 30limit the placement, by minimum separation distances, of 42small CODING:wireless facilities, utility poles on which small wireless facilities are or will be collocated, or other at-grade communications facilities by minimum separation distances.

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hb0693-02-c2hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 693 2019 notHowever, limitwithin 14 days after the placement,date byof minimumfiling separationthe distances,application, an authority may request that the proposed location of a small wireless facilities,facility utilitybe polesmoved to another location in the right-of-way and placed on whichan smallalternative wirelessauthority facilitiesutility arepole or willsupport bestructure collocated, or otherplaced at-gradeon communicationsmay facilitiesplace bya minimumnew separationutility distances.pole.

However, within 14 days after the date of filing the application, an authority may request that the proposed location of a small wireless facility be moved to another location in the right-of-way and placed on an alternative authority utility pole or support structure or placed on may place a new utility pole.

An authority shall limit the height of a small wireless Pagefacility 31to of10 42feet CODING:above the utility pole or structure upon which the small wireless facility is to be collocated.

Unless waived by an authority, the height for a new utility pole is limited to the tallest existing utility pole as of July 1, 2017, Page 33 of 46 CODING:

hb0693-02-c2hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 693 2019 facilitylocated toin 10the feetsame aboveright-of-way, theother than a utility pole orfor structurewhich upona whichwaiver has previously been granted, measured from grade in place within 500 feet of the smallproposed wirelesslocation facilityof isthe tosmall bewireless collocated.facility.

Unless waived by an authority, the height for a new utility pole is limited to the tallest existing utility pole as of July 1, 2017, located in the same right-of-way, other than a utility pole for which a waiver has previously been granted, measured from grade in place within 500 feet of the proposed location of the small wireless facility.

and 5., The installation by a communications services provider of a utility pole in the public rights-of-way, other than a utility pole used designed to support a small wireless facility, is shall be subject to authority rules or regulations governing the placement of utility poles in the public rights-of-way and is shall be subject to the application review timeframes in this subsection.

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hb0693-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 693 2019 8.

If an authority does not use the 30- dayPage negotiation34 periodof provided46 inCODING: subparagraph 4., the parties may mutually agree to extend the 60-day application review period.

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hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 693 2019 day negotiation period provided in subparagraph 4., the parties may mutually agree to extend the 60-day application review period.

TheIf availabilityan ofauthority anyprovides subsequentfor administrative review byof the Pagedenial 33 of 42an CODING:application, the review must be complete and a written decision issued within 45 days after a written request for review is made.

A denial must identify the specific code provisions on which the denial is based.

If the administrative Page 35 of 46 CODING:

hb0693-02-c2hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 693 2019 authorityreview doesis not barcomplete reviewwithin of45 adays, denialthe city or county waives any claim regarding failure to exhaust administrative remedies in aany courtjudicial review of competentthe jurisdiction.denial of an application.

An authority may deny an application to collocate a proposed collocation of a small wireless facility or place a utility pole used to support a small wireless facility in the public rights-of-way if the proposed small wireless facility or utility pole used to support a small wireless facility collocation:

Materially fails to comply with the 2017 2010 edition ofPage the36 Florida Department of Transportation46 UtilityCODING: Accommodation Manual.

Words stricken are deletions;

words underlined are additions.

hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 693 2019 of the Florida Department of Transportation Utility Accommodation Manual.

Fails to comply with objective design standards Pageauthorized 34under ofparagraph 42(r). CODING:

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words underlined are additions.

hb0693-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 693 2019 authorized under subparagraph (f)6.

An authority may require a construction bond to secure restoration of the postconstruction rights-of-way to itsthe preconstruction condition.

However, such bond maymust be time- limited to not extendmore beyondthan 118 yearmonths after the construction to which the bond applies is completed.

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

A provider of communications services may add an authority to any existing bond, insurance policy, or other relevant financial instrument, and the authority must accept such proof of coverage without any conditions.conditions other than consent to venue for purposes of any litigation to which the authority is a party.

An authority may notPage require37 aof communications46 servicesCODING: provider to indemnify it for liabilities not caused by the provider, including liabilities arising from the authority's negligence, gross negligence, or willful conduct.

13.

Collocation of a small wireless facility on an authority utility pole does not provide the basis for the Page 35 of 42 CODING:

hb0693-02-c2hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 693 2019 impositionnot ofrequire ana adcommunications valoremservices taxprovider onto indemnify it for liabilities not caused by the authorityprovider, utilityincluding pole.liabilities arising from the authority's negligence, gross negligence, or willful conduct.

13.

Collocation of a small wireless facility on an authority utility pole does not provide the basis for the imposition of an ad valorem tax on the authority utility pole.

(e) An authority may not require aany permit or other approval or require fees, or other charges, costs, or other exactions for:

Routine maintenancemaintenance, the performance of service restoration work on existing facilities, or repair work, including, but not limited to, emergency repairs of existing facilities or extensions of such facilities for providing communicationsPage services38 toof customers;46 CODING:

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words underlined are additions.

hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 693 2019 communications services to customers;

Installation, placement, maintenance, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with applicable Pagecodes 36by ofor 42for CODING:a communications services provider authorized to occupy the rights-of-way and who is remitting taxes under chapter 202.

Words stricken are deletions;

words underlined are additions.

hb0693-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 693 2019 codes by or for a communications services provider authorized to occupy the rights-of-way and who is remitting taxes under chapter 202.

Notwithstanding this paragraph, an authority may require a right-of-way permit for work that involves excavation, closure of a sidewalk, or closure of a vehicular lane or parking lane, unless the provider is makingperforming emergencyservice restoration oron repairan existing facility and the work tois existingdone facilities.in compliance with the 2017 edition of the Florida Department of Transportation Utility Accommodation Manual.

An authority may require notice of such work within 30 days after restoration and may require an after- Page 39 of 46 CODING:

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words underlined are additions.

hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 693 2019 the-fact permit for work which would otherwise have required a permit.

Page4. 37 of 42 CODING:

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words underlined are additions.

hb0693-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 693 2019 4.

By the later of January 1, 2018, or 3 months afterPage receiving40 a request to collocate its first small wireless facility on a utility pole owned or controlled by an authority, the person owning or controlling the authority utility pole shall make available, through ordinance or otherwise, rates, fees, and terms for the collocation of small46 wirelessCODING: facilities on the authority utility pole which comply with this subsection.

Words stricken are deletions;

words underlined are additions.

hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 693 2019 after receiving a request to collocate its first small wireless facility on a utility pole owned or controlled by an authority, the person owning or controlling the authority utility pole shall make available, through ordinance or otherwise, rates, fees, and terms for the collocation of small wireless facilities on the authority utility pole which comply with this subsection.

PageThe 38good faith estimate of 42the CODING:person owning or controlling the pole for any make-ready work necessary to enable the pole to support the requested collocation must include pole replacement if necessary.

Words stricken are deletions;

words underlined are additions.

hb0693-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 693 2019 The good faith estimate of the person owning or controlling the pole for any make-ready work necessary to enable the pole to support the requested collocation must include pole replacement if necessary.

Alternatively, an authorityPage may41 requireof the46 applicantCODING: seeking to collocate a small wireless facility to provide a make-ready estimate at the applicant's expense for the work necessary to support the small wireless facility, including pole replacement, and perform the make-ready work.

If pole replacement is required, the scope of the make-ready estimate is limited to the design, fabrication, and installation of a utility pole that is substantially similar in color and composition.

The authority may not condition or restrict the manner in which the applicant obtains, develops, or provides the estimate or conducts the make-ready work subject to usual construction restoration standards for work in the right- of-way.

The replaced or altered utility pole shall remain the Page 39 of 42 CODING:

hb0693-02-c2hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 693 2019 propertyauthority ofmay require the authority.applicant seeking to collocate a small wireless facility to provide a make-ready estimate at the applicant's expense for the work necessary to support the small wireless facility, including pole replacement, and perform the make-ready work.

If pole replacement is required, the scope of the make-ready estimate is limited to the design, fabrication, and installation of a utility pole that is substantially similar in color and composition.

The authority may not condition or restrict the manner in which the applicant obtains, develops, or provides the estimate or conducts the make-ready work subject to usual construction restoration standards for work in the right- of-way.

The replaced or altered utility pole shall remain the property of the authority.

6.(g) For any applications filed before the effective date of ordinances implementing this subsection, an authority may apply current ordinances relating to placement of communications facilities in the right-of-way related to registration, Page 42 of 46 CODING:

An authority may require wireless providers to comply with objective design standards adopted by ordinance.

The ordinance may require:

a.

A new utility pole that replaces an existing utility pole to be of substantially similar design, material, and color;

b.

Reasonable spacing requirements concerning the location of a ground-mounted component of a small wireless facility which does not exceed 15 feet from the associated support structure;

or c.

A small wireless facility to meet reasonable location context, color, camouflage, and concealment requirements, subject to the limitations in this subsection.

998 Such design standards under this subparagraph may be waived by the authority upon a showing that the design standards are not reasonably compatible for the particular location of a small Page 40 of 42 CODING:

hb0693-02-c2hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 693 2019 wirelesspermitting, facilityinsurance orcoverage, areindemnification, technicallyperformance infeasiblebonds, orsecurity thatfunds, theforce designmajeure, standardsabandonment, imposeauthority anliability, excessiveor expense.authority warranties.

The waiver must be granted or denied within 45 days after the date of the request.

(g) For any applications filed before the effective date of ordinances implementing this subsection, an authority may apply current ordinances relating to placement of communications facilities in the right-of-way related to registration, permitting, insurance coverage, indemnification, performance bonds, security funds, force majeure, abandonment, authority liability, or authority warranties.

(i)(i)1. A wireless provider shall, in relation to a small wireless facility, utility pole, or wireless support structure in the public rights-of-way, comply with nondiscriminatory undergrounding requirements of an authority that prohibit above- ground structures in public rights-of-way.

AnyIn suchan area where an authority has required all public utility lines in the rights-of-way to be placed underground, a wireless provider must comply with written, objective, reasonable, and nondiscriminatory requirements Pagethat 41prohibit ofnew 42utility CODING:poles used to support small wireless facilities if:

a.

The authority, at least 90 days prior to the submission of an application, has required all public utility lines to be placed underground;

b.

Structures that the authority allows to remain above ground are reasonably available to wireless providers for the collocation of small wireless facilities and may be replaced by Page 43 of 46 CODING:

hb0693-02-c2hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 693 2019 maya bewireless waivedprovider byto accommodate the authority.collocation of small wireless facilities;

(8)(a)and Ac. person aggrieved by a violation of this section may bring a civil action in a United States District Court or in any other court of competent jurisdiction.

A wireless provider may install a new utility pole in the designated area in the right-of-way that otherwise complies with this subsection and it is not reasonably able to provide wireless service by collocating on a remaining utility pole or other structure in the right-of-way.

2.

For small wireless facilities installed before an authority adopts requirements that public utility lines be placed underground, an authority adopting such requirements must:

a.

Allow a wireless provider to maintain the small wireless facilities in place subject to any applicable pole attachment agreement with the pole owner ;

or b.

Allow the wireless provider to replace the associated pole within 50 feet of the prior location in accordance with paragraph (r).

A wireless provider shall, in relation to a small wireless facility, utility pole, or wireless support structure in the public rights-of-way, comply with nondiscriminatory undergrounding requirements of an authority that prohibit above- ground structures in public rights-of-way.

Any such requirements may be waived by the authority.

(r) An authority may require wireless providers to comply with objective design standards adopted by ordinance.

The ordinance may only require:

Page 44 of 46 CODING:

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words underlined are additions.

hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 693 2019 1.

A new utility pole that replaces an existing utility pole to be of substantially similar design, material, and color;

2.

Reasonable spacing requirements concerning the location of a ground-mounted component of a small wireless facility which does not exceed 15 feet from the associated support structure;

or 3.

A small wireless facility to meet reasonable location context, color, camouflage, and concealment requirements, subject to the limitations in this subsection;

and 4.

A new utility pole used to support a small wireless facility to meet reasonable location context, color, and material of the predominant utility pole type at the proposed location of the new utility pole.

Such design standards under this paragraph may be waived by the authority upon a showing that the design standards are not reasonably compatible for the particular location of a small wireless facility or utility pole or are technically infeasible or that the design standards impose an excessive expense.

The waiver must be granted or denied within 45 days after the date of the request.

(8)(a) Any person aggrieved by a violation of this section may bring a civil action in a United States District Court or in any other court of competent jurisdiction.

1.Page 45 of 46 CODING:

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hb0693-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 693 2019 1.

(9) All work in the authority's rights-of-way under this section must comply with the 2017 edition of the Florida Department of Transportation Utility Accommodation Manual.

Nothing in this act shall be construed to delay the issuance of permits for other utility work, including, but not limited to, permits related to electricity or gas work in the rights-of-way.

Section 4.

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