SB 818 — Utility Relocation

202.19, less 7.5 percent distributed to the Department of Commerce to fund the Utility Relocation Reimbursement Grant Program created in subsection (4) and less amounts deducted for costs of administration in accordance with paragraph (b), shall be distributed monthly to the appropriate jurisdictions.

The proceeds of taxes imposed pursuant to s.

202.19(5) shall be distributed in the same manner as discretionary surtaxes are distributed, in accordance with ss.

212.054 and 212.055.

2.

The department shall make any adjustments to the distributions pursuant to this section which are necessary to reflect the proper amounts due to individual jurisdictions or trust funds.

In the event that the department adjusts amounts due to reflect a correction in the situsing of a customer, such adjustment shall be limited to the amount of tax actually collected from such customer by the dealer of communication services.

3.a.

Adjustments in distributions which are necessary to correct misallocations between jurisdictions shall be governed by this subparagraph.

If the department determines that misallocations between jurisdictions occurred, it shall provide written notice of such determination to all affected jurisdictions.

The notice shall include the amount of the misallocations, the basis upon which the determination was made, Page 3 of 12 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for CS for SB 818 595-03656-25 2025818c2 data supporting the determination, and the identity of each affected jurisdiction.

The notice shall also inform all affected jurisdictions of their authority to enter into a written agreement establishing a method of adjustment as described in sub-subparagraph c.

b.

An adjustment affecting a distribution to a jurisdiction which is less than 90 percent of the average monthly distribution to that jurisdiction for the 6 months immediately preceding the department’s determination, as reported by all communications services dealers, shall be made in the month immediately following the department’s determination that misallocations occurred.

c.

If an adjustment affecting a distribution to a jurisdiction equals or exceeds 90 percent of the average monthly distribution to that jurisdiction for the 6 months immediately preceding the department’s determination, as reported by all communications services dealers, the affected jurisdictions may enter into a written agreement establishing a method of adjustment.

If the agreement establishing a method of adjustment provides for payments of local communications services tax monthly distributions, the amount of any such payment agreed to may not exceed the local communications services tax monthly distributions available to the jurisdiction that was allocated amounts in excess of those to which it was entitled.

If affected jurisdictions execute a written agreement specifying a method of adjustment, a copy of the written agreement shall be provided to the department no later than the first day of the month following 90 days after the date the department transmits notice of the misallocation.

If the department does not receive a copy Page 4 of 12 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for CS for SB 818 595-03656-25 2025818c2 of the written agreement within the specified time period, an adjustment affecting a distribution to a jurisdiction made pursuant to this sub-subparagraph shall be prorated over a time period that equals the time period over which the misallocations occurred.

(4) There is created within the Department of Commerce a Utility Relocation Reimbursement Grant Program.

The purpose of the program is to reimburse providers of communications services which are subject to this chapter for eligible costs incurred in relocating facilities at the request of a county or municipal authority.

(a) Beginning October 1, 2025, the department shall deposit the proceeds to be distributed to the Department of Commerce under subsection (3) into an account to fund the Utility Relocation Reimbursement Grant Program.

The department shall ensure the transfer of such funds on a monthly basis.

(b) The Department of Commerce shall establish by rule all of the following:

1.

The criteria and process by which service providers may apply for reimbursement.

2.

The minimum documentation required to verify eligible relocation costs, which may not be excessive or burdensome.

3.

The timeline for application review and reimbursement disbursement, which may not exceed 90 days from submission.

(c) Program funds may be used only to reimburse actual, documented expenses directly attributable to the physical relocation of facilities required by a county or municipal authority.

Reimbursement may not be made to a service provider for indirect or administrative costs.

Page 5 of 12 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for CS for SB 818 595-03656-25 2025818c2 (d) Program funds are exempt from s.

215.20 and any interest earnings shall accrue to the program’s fund.

Section 2.

Subsection (1) of section 337.403, Florida Statutes, is amended, and subsection (4) is added to that section, to read:

337.403 Interference caused by utility;

expenses.— (1) If a utility that is placed upon, under, over, or within the right-of-way limits of any public road or publicly owned rail corridor is found by the authority to be unreasonably interfering in any way with the convenient, safe, or continuous use, or the maintenance, improvement, extension, or expansion, of such public road or publicly owned rail corridor, the utility owner must shall, within 30 days after upon 30 days’ written notice to the utility or its agent by the authority, initiate the work necessary to alleviate the interference at its own expense except as provided in paragraphs (a)-(k) (a)-(j).

84-627, is necessitated by the construction of a project on the federal-aid interstate system, including extensions thereof within urban areas, and the cost of the project is eligible and approved for reimbursement by the Federal Government to the extent of 90 percent or more under the Federal-Aid Highway Act, or any amendment thereof, then in that event the utility owning or operating such facilities must shall perform any necessary work upon notice from the department, and the state must shall Pagepay 6the entire expense properly attributable to such work after deducting therefrom any increase in the value of 12a CODING:new facility and any salvage value derived from an old facility.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for CS for SB 818 595-03656-25 2025818c2 pay the entire expense properly attributable to such work after deducting therefrom any increase in the value of a new facility and any salvage value derived from an old facility.

The department may not participate in any utility workPage costs2 that occur as a result of changes6 orCODING: additions during the course of the contract.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for SB 818 596-03161-25 2025818c1 work costs that occur as a result of changes or additions during the course of the contract.

For a county or municipality, if such utility facility was installed in the right-of-way as a means to serve a county or municipal facility on a parcel of property adjacent to the right-of-way and if the Pageintended 7use of 12the CODING:county or municipal facility is for a use other than transportation purposes, the obligation of the county or municipality to bear the costs of the utility work shall extend only to utility work on the parcel of property on which the facility of the county or municipality originally served by the utility facility is located.

(e) If, under an agreement between a utility and the authority entered into after July 1, 2009, the utility conveys, subordinates, or relinquishes a compensable property right to the authority for the purpose of accommodating the acquisition or use of the right-of-way by the authority, without the agreement expressly addressing future responsibility for the cost of necessary utility work, the authority must shall bear Page 3 of 6 CODING:

Florida Senate - 2025 CS for CS for SB 818 595-03656-25596-03161-25 2025818c22025818c1 intended use of the countycost or municipal facility is for a use other than transportation purposes, the obligation of theremoval county or municipalityrelocation. to bear the costs of the utility work shall extend only to utility work on the parcel of property on which the facility of the county or municipality originally served by the utility facility is located.

(e) If, under an agreement between a utility and the authority entered into after July 1, 2009, the utility conveys, subordinates, or relinquishes a compensable property right to the authority for the purpose of accommodating the acquisition or use of the right-of-way by the authority, without the agreement expressly addressing future responsibility for the cost of necessary utility work, the authority must shall bear the cost of removal or relocation.

The utility was physically located on the particular Pageproperty 8before ofthe 12authority CODING:acquired rights in the property;

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for CS for SB 818 595-03656-25 2025818c2 property before the authority acquired rights in the property;

288.0656(2), and the department determines that the utility is unable,Page and4 will not be able within the next 10 years, to pay for the cost of utility6 workCODING: necessitated by a department project on the State Highway System, the department may pay, in whole or in part, the cost of such utility work performed by the department or its contractor.

(i) If the relocation of utility facilities is necessitated by the construction of a commuter rail service project or an intercity passenger rail service project and the cost of the project is eligible and approved for reimbursement by the Federal Government, then in that event the utility owning or operating such facilities located by permit on a department- owned rail corridor must shall perform any necessary utility relocation work upon notice from the department, and the department must shall pay the expense properly attributable to such utility relocation work in the same proportion as federal funds are expended on the commuter rail service project or an Page 9 of 12 CODING:

Florida Senate - 2025 CS for CS for SB 818 595-03656-25596-03161-25 2025818c22025818c1 intercityunable, passengerand railwill servicenot projectbe afterable deductingwithin therefromthe anynext increase10 inyears, to pay for the valuecost of utility work necessitated by a newdepartment facilityproject andon anythe salvageState valueHighway derivedSystem, fromthe andepartment oldmay facility.pay, in whole or in part, the cost of such utility work performed by the department or its contractor.

(i) If the relocation of utility facilities is necessitated by the construction of a commuter rail service project or an intercity passenger rail service project and the cost of the project is eligible and approved for reimbursement by the Federal Government, then in that event the utility owning or operating such facilities located by permit on a department- owned rail corridor must shall perform any necessary utility relocation work upon notice from the department, and the department must shall pay the expense properly attributable to such utility relocation work in the same proportion as federal funds are expended on the commuter rail service project or an intercity passenger rail service project after deducting therefrom any increase in the value of a new facility and any salvage value derived from an old facility.

The authority shall pay the entire expense properly attributable to such work after deducting any increasePage in5 the value of a6 newCODING: facility and any salvage value derived from an old facility.

(k)1.

Except as provided in subparagraph 2., if the authority requires a provider of communications services which is subject to chapter 202 to relocate a facility used to provide such communications services, the service provider owning or operating such facility must perform any necessary work upon notice from the authority.

The authority requiring the relocation shall pay the entire expense properly attributable to such work.

2.

If a county or municipal authority requires a provider of communications services which is subject to chapter 202 to relocate a facility used to provide such communications services, the service provider owning or operating such facility must perform any necessary work upon notice from the authority.

The county or municipal authority requiring such relocation is Page 10 of 12 CODING:

Florida Senate - 2025 CS for CS for SB 818 595-03656-25596-03161-25 2025818c22025818c1 notincrease responsiblein for paying the expensevalue of sucha work.new facility and any salvage value derived from an old facility.

The(k) serviceIf providerthe mayauthority applyrequires fora reimbursementprovider of relocationbroadband expensesInternet fromservice theas Utilitydefined Relocationin Reimbursement Grant Program pursuant to s.

202.18(4),288.9961(2), subjector toa thecable availabilityservice ofprovider fundsor andvideo inservice complianceprovider withas thedefined requirementsin ofs. the program.

(4)610.103, Notwithstandingto paragraphrelocate (1)(k), a departmentfacility shallused notify providers of communications services that are subject to chapterprovide 202such whichservice, havethe permittedservice infrastructureprovider withinowning aor plannedoperating orsuch existingfacility publicmust right-of-wayperform withinany 90necessary dayswork afterupon anotice projectfrom isthe addedauthority, toand the department’sauthority projectrequiring schedulesuch whichrelocation maymust requirepay the providerentire toexpense relocateproperly itsattributable infrastructure for roadway improvements to increasesuch safetywork. or reduce congestion.

ForSection purposes2. of this subsection, the term “department” means the Department of Transportation or an agency of the state created under chapter 348 or chapter 349.

(a) The notification provided under this subsection must include an estimated project schedule and timeline, including the anticipated year of construction.

(b) Within 90 days after receipt of the notification, the provider shall respond to the department with an estimated timeframe and project cost for the relocation of the provider’s infrastructure.

The response must include a draft relocation schedule within or adjacent to the existing or planned public right-of-way.

(c) Notwithstanding any other provision of this section, the department shall provide a reasonable offer for joint participation in relocation costs, so long as the provider begins work within a mutually agreed upon timeframe and, if the infrastructure relocation is a result of roadway improvements Page 11 of 12 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for CS for SB 818 595-03656-25 2025818c2 within the public right-of-way to increase safety or reduce congestion and the impacted infrastructure was, at the time of notification under this subsection, installed within the past 7 state fiscal years, the department must incur at least 50 percent of the costs for relocation work as described in a joint participation agreement.

(d) This subsection may not be construed to prevent a department from pursuing the additional relocation processes, agreements, or payment options authorized under this section or to prevent a provider from using grant funds provided through other government sources to support all or a portion of the relocation costs.

Section 3.

Section 4.3.

Section 5.4.

Page 126 of 126 CODING: