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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
A bill to be entitled 1
An act relating to preemption to the state; amending 2
s. 106.08, F.S.; removing provisions which preempt 3
counties, municipalities, and other local governmental 4
entities from enacting or adopting any limitation or 5
restriction involving certain contributions and 6
expenditures, or establishing contribution limits 7
different than those established in the Florida 8
Election Code; amending s. 125.0103, F.S.; removing 9
provisions which require local government measures 10
imposing rent controls to expire within a specified 11
time period unless such measures are extended or 12
renewed in accordance with law; amending s. 125.01055, 13
F.S.; removing provisions which require counties and 14
municipalities to provide incentives to fully offset 15
costs of certain affordable housing contribut ions or 16
linkage fees; amending s. 125.421, F.S.; removing 17
provisions which require counties and entities of 18
local government to pay ad valorem taxes or fees under 19
specified conditions on certain telecommunications 20
facilities; removing a waiver on immunity on taxation 21
of property for counties or entities of local 22
government under such circumstances; repealing s. 23
163.045, F.S., relating to the pruning, trimming, or 24
removal of trees on residential property; repealing 25
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163.211, F.S., relating to licensing of occ upations 26
preempted to the state; amending s. 163.31801, F.S.; 27
removing provisions which provide limitations on 28
impact fee increases; repealing s. 163.3205, F.S., 29
relating to a solar facility approval process; 30
amending s. 166.04151, F.S.; removing provision s which 31
require counties and municipalities to provide 32
incentives to fully offset costs of certain affordable 33
housing contributions or linkage fees; amending s. 34
166.043, F.S.; removing provisions which require local 35
government measures that impose rent con trols to 36
expire within a specified time period unless such 37
measures are extended or renewed in accordance with 38
law; amending s. 166.047, F.S.; removing provisions 39
which require municipalities and entities of local 40
government to pay ad valorem taxes or fees under 41
specified conditions on certain telecommunications 42
facilities; removing a waiver on immunity on taxation 43
of property for municipalities or entities of local 44
government under such circumstances; amending s. 45
166.241, F.S.; removing provisions authoriz ing 46
specified elected officials to file an appeal to the 47
Administration Commission if the governing body of a 48
municipality makes a specified reduction to the 49
operating budget of the municipal law enforcement 50
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agency; removing provisions requiring the petiti on to 51
contain specified information; removing provisions 52
which require the Executive Office of the Governor to 53
conduct a budget hearing considering the matter and 54
make findings and recommendations to the 55
Administration Commission; removing provisions 56
requiring the commission to approve, amend, or modify 57
the municipality's budget; amending ss. 196.012, 58
199.183, and 212.08, F.S.; removing provisions that 59
prohibit property and use of two -way 60
telecommunications services under specified 61
circumstances from receiv ing certain tax exemptions; 62
repealing s. 218.077, F.S., relating to wage and 63
employment benefits requirements by political 64
subdivisions and restrictions thereon; amending s. 65
252.35, F.S.; removing provisions which provide 66
limitations on the timeframe for d elegation of certain 67
authorities by the division; amending s. 252.38, F.S.; 68
removing provisions specifying requirements for the 69
purpose and scope of emergency orders; removing 70
provisions which provide for the automatic expiration 71
of emergency orders; remov ing provisions authorizing 72
the extension of emergency orders by a majority vote 73
of the governing body for a specified duration; 74
removing provisions authorizing the Governor to 75
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invalidate certain emergency orders; removing 76
provisions that prohibit the issua nce of certain 77
emergency orders; amending s. 252.46, F.S.; removing 78
provisions which provide that a failure by a political 79
subdivision to file certain orders and rules with 80
specified entities within a specified timeframe voids 81
the issued orders or rules; r epealing 311.25, F.S., 82
relating to Florida seaports and local ballot 83
initiatives and referendums; amending 331.502, F.S.; 84
conforming a provision to changes made by the act; 85
amending s. 337.401, F.S.; removing certain 86
communications services lines as items over which 87
certain governmental entities are authorized to 88
prescribe and enforce reasonable rules and 89
regulations; removing time restrictions placed upon 90
certain counties and municipalities for processing 91
certain permit applications; removing provisions th at 92
specify limitations and prohibitions on municipalities 93
and counties relating to registrations and renewals of 94
communications services providers; removing provisions 95
that authorize municipalities and counties to require 96
certain information as part of a r egistration; 97
removing provisions that prohibit municipalities and 98
counties from requiring a payment of fees, costs, or 99
charges for provider registration or renewal; removing 100
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provisions that prohibit municipalities and counties 101
from adopting or enforcing ce rtain ordinances, rules, 102
or requirements; removing limitations on municipal and 103
county authority to regulate and manage municipal and 104
county roads or rights -of-way; removing provisions 105
that prohibit certain municipalities and counties from 106
imposing permit fees; removing provisions that specify 107
activities for which permit fees may not be imposed; 108
removing the requirement that enforcement of certain 109
ordinances must be suspended until certain conditions 110
are met; removing a condition for certain in -kind 111
compensation; revising items over which municipalities 112
and counties may exercise regulatory control; removing 113
provisions for requirements relating to right -of-way 114
permits; removing provisions relating to municipal and 115
county authority over pass -through providers; removing 116
references to, and administration and provisions of, 117
the Advanced Wireless Infrastructure Deployment Act; 118
removing a provision authorizing a civil action for 119
specified violations; removing certain actions a court 120
may take; removing provisions tha t require that work 121
in certain authority rights -of-way must comply with a 122
specified document; amending s. 350.81, F.S.; removing 123
provisions that identify procedures which must be 124
followed by governmental entities before providing 125
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communications services; r emoving provisions relating 126
to the use of certain revenues to issue bonds to 127
finance communications services; removing provisions 128
which provide certain procedures if revenues do not 129
exceed operating costs after a specified time period; 130
removing provisions exempting certain governmental 131
entities from certain requirements relating to 132
telecommunications services; removing a provision 133
specifying that certain airport authorities or other 134
governmental entities are not exempt from certain 135
procedural requirements r elating to telecommunications 136
services; repealing s. 366.032, F.S., relating to 137
preemption over utility service restrictions; 138
repealing s. 377.707, F.S., relating to express 139
preemption of fuel retailers and related 140
transportation infrastructure; amending s . 403.412, 141
F.S.; repealing provisions which prohibit local 142
governments from recognizing or granting certain legal 143
rights to the natural environment or granting such 144
rights relating to the natural environment to a person 145
or political subdivision; amending s . 403.7033, F.S.; 146
removing the prohibition of local laws relating to the 147
regulation of auxiliary containers, wrappings, and 148
disposable plastic bags; amending ss. 489.117, 149
489.1455, and 489.5335, F.S.; conforming provisions to 150
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changes made by the act; amend ing s. 499.002, F.S.; 151
removing a provision that preempts the regulation of 152
over-the-counter proprietary drugs and cosmetics to 153
the state; repealing s. 500.90, F.S., relating to the 154
preemption of local laws relating to the use or sale 155
of polystyrene product s to the Department of 156
Agriculture and Consumer Services; repealing s. 157
569.0025, F.S., relating to preemption of the 158
regulation of tobacco products to the state; repealing 159
s. 569.315, F.S., relating to preemption of the 160
regulation of nicotine products to t he state; amending 161
s. 570.07, F.S.; removing provisions which preempt the 162
regulation of fertilizer to the state; repealing s. 163
790.33, F.S., relating to the preemption of the field 164
of regulation of firearms and ammunition to the 165
Legislature, to the exclusio n of local jurisdictions; 166
amending s. 790.251, F.S.; conforming a provision to 167
changes made by the act; repealing ch. 908, F.S, 168
consisting of ss. 908.101, 908.102, 908.103, 908.104, 169
908.105, 908.106, 908.107, 908.108, and 908.109, F.S., 170
relating to legislative findings and intent, 171
definitions, a prohibition on sanctuary policies, 172
cooperation with federal authorities, duties relating 173
to immigration detainers, reimbursement of costs, 174
enforcement, education records, and a prohibition on 175
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discrimination, respect ively; providing a contingent 176
effective date. 177
178
Be It Enacted by the Legislature of the State of Florida: 179
180
Section 1. Subsection (11) of section 106.08, Florida 181
Statutes, is amended to read: 182
106.08 Contributions; limitations on. — 183
(11)(a) A county, a municipality, or any other local 184
governmental entity is expressly preempted from enacting or 185
adopting: 186
1. Contribution limits that differ from the limitations 187
established in subsection (1); 188
2. Any limitation or restriction involving contributions 189
to a political committee or an electioneering communications 190
organization; or 191
3. Any limitation or restriction on expenditures for an 192
electioneering communication or an independent expenditure. 193
(b) Any existing or future limitation or restriction 194
enacted or adopted by a county, a municipality, or any other 195
local governmental entity which is in conflict with this 196
subsection is void. 197
Section 2. Subsection (3) of section 125.0103, Florida 198
Statutes, is amended to read: 199
125.0103 Ordinances and rules im posing price controls; 200
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findings required; procedures. — 201
(3) Any law, ordinance, rule, or other measure which has 202
the effect of imposing controls on rents shall terminate and 203
expire within 1 year and shall not be extended or renewed except 204
by the adoption of a new measure meeting all the requirements of 205
this section. 206
Section 3. Subsection (4) of section 125.01055, Florida 207
Statutes, is amended to read: 208
125.01055 Affordable housing. — 209
(4) In exchange for a developer fulfilling the 210
requirements of subse ction (2) or, for residential or mixed -use 211
residential development, the requirements of subsection (3), a 212
county must provide incentives to fully offset all costs to the 213
developer of its affordable housing contribution or linkage fee. 214
Such incentives may i nclude, but are not limited to: 215
(a) Allowing the developer density or intensity bonus 216
incentives or more floor space than allowed under the current or 217
proposed future land use designation or zoning; 218
(b) Reducing or waiving fees, such as impact fees or water 219
and sewer charges; or 220
(c) Granting other incentives. 221
Section 4. Section 125.421, Florida Statutes, is amended 222
to read: 223
125.421 Telecommunications services. —A telecommunications 224
company that is a county or other entity of local government may 225
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obtain or hold a certificate required by chapter 364, and the 226
obtaining or holding of said certificate serves a public purpose 227
only if the county or other entity of local government: 228
(1) Separately accounts for the revenues, expenses, 229
property, and source of investment dollars associated with the 230
provision of such service; and 231
(2) Is subject, without exemption, to all local 232
requirements applicable to telecommunications companies .; and 233
(3) Notwithstanding any other provision of law, pays, on 234
its telecommunications facilities used to provide two -way 235
telecommunication services to the public for hire and for which 236
a certificate is required under chapter 364, ad valorem taxes, 237
or fees in amounts equal thereto, to any taxing jurisdiction in 238
which the county or other entity of local government operates. 239
Any entity of local government may pay and impose such ad 240
valorem taxes or fees. Any immunity of any county or other 241
entity of local government from taxation of the property taxed 242
by this section is hereby waiv ed. 243
244
This section does not apply to the provision of 245
telecommunications services for internal operational needs of a 246
county or other entity of local government. This section does 247
not apply to the provision of internal information services, 248
including, but not limited to, tax records, engineering records, 249
and property records, by a county or other entity of local 250
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government to the public for a fee. 251
Section 5. Section 163.045, Florida Statutes, is repealed. 252
Section 6. Section 163.211, Florida Statutes, is repealed. 253
Section 7. Subsection (6) of section 163.31801, Florida 254
Statutes, is amended to read: 255
163.31801 Impact fees; short title; intent; minimum 256
requirements; audits; challenges. — 257
(6) A local government, school district, or special 258
district may increase an impact fee only as provided in this 259
subsection. 260
(a) An impact fee may be increased only pursuant to a plan 261
for the imposition, collection, and use of the increased impact 262
fees which complies with this section. 263
(b) An increase to a curre nt impact fee rate of not more 264
than 25 percent of the current rate must be implemented in two 265
equal annual increments beginning with the date on which the 266
increased fee is adopted. 267
(c) An increase to a current impact fee rate which exceeds 268
25 percent but is not more than 50 percent of the current rate 269
must be implemented in four equal installments beginning with 270
the date the increased fee is adopted. 271
(d) An impact fee increase may not exceed 50 percent of 272
the current impact fee rate. 273
(e) An impact fee may not be increased more than once 274
every 4 years. 275
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(f) An impact fee may not be increased retroactively for a 276
previous or current fiscal or calendar year. 277
(g) A local government, school district, or special 278
district may increase an impact fee rate bey ond the phase-in 279
limitations established under paragraph (b), paragraph (c), 280
paragraph (d), or paragraph (e) by establishing the need for 281
such increase in full compliance with the requirements of 282
subsection (4), provided the following criteria are met: 283
1. A demonstrated-need study justifying any increase in 284
excess of those authorized in paragraph (b), paragraph (c), 285
paragraph (d), or paragraph (e) has been completed within the 12 286
months before the adoption of the impact fee increase and 287
expressly demonstrates the extraordinary circumstances 288
necessitating the need to exceed the phase -in limitations. 289
2. The local government jurisdiction has held not less 290
than two publicly noticed workshops dedicated to the 291
extraordinary circumstances necessitating the need to exceed the 292
phase-in limitations set forth in paragraph (b), paragraph (c), 293
paragraph (d), or paragraph (e). 294
3. The impact fee increase ordinance is approved by at 295
least a two-thirds vote of the governing body. 296
(h) This subsection operates retroacti vely to January 1, 297
2021. 298
Section 8. Section 163.3205, Florida Statutes, is 299
repealed. 300
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Section 9. Subsection (4) of section 166.04151, Florida 301
Statutes, is amended to read: 302
166.04151 Affordable housing. — 303
(4) In exchange for a developer fulfilling the 304
requirements of subsection (2) or, for residential or mixed -use 305
residential development, the requirements of subsection (3), a 306
municipality must provide incentives to fully offset all costs 307
to the developer of its affordable housing contribution or 308
linkage fee. Such incentives may include, but are not limited 309
to: 310
(a) Allowing the developer density or intensity bonus 311
incentives or more floor space than allowed under the current or 312
proposed future land use designation or zoning; 313
(b) Reducing or waivi ng fees, such as impact fees or water 314
and sewer charges; or 315
(c) Granting other incentives. 316
Section 10. Subsection (3) of section 166.043, Florida 317
Statutes, is amended to read: 318
166.043 Ordinances and rules imposing price controls; 319
findings required; procedures.— 320
(3) Any law, ordinance, rule, or other measure which has 321
the effect of imposing controls on rents shall terminate and 322
expire within 1 year and shall not be extended or renewed except 323
by the adoption of a new measure meeting all the requirem ents of 324
this section. 325
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Section 11. Section 166.047, Florida Statutes, is amended 326
to read: 327
166.047 Telecommunications services. —A telecommunications 328
company that is a municipality or other entity of local 329
government may obtain or hold a certificate required by chapter 330
364, and the obtaining or holding of said certificate serves a 331
municipal or public purpose under the provision of s. 2(b), Art. 332
VIII of the State Constitution, only if the municipality or 333
other entity of local government: 334
(1) Separately accounts for the revenues, expenses, 335
property, and source of investment dollars associated with the 336
provision of such services; and 337
(2) Is subject, without exemption, to all local 338
requirements applicable to telecommunications companies .; and 339
(3) Notwithstanding any other provision of law, pays, on 340
its telecommunications facilities used to provide two -way 341
telecommunications services to the public for hire and for which 342
a certificate is required pursuant to chapter 364, ad valorem 343
taxes, or fees in amo unts equal thereto, to any taxing 344
jurisdiction in which the municipality or other entity of local 345
government operates. Any entity of local government may pay and 346
impose such ad valorem taxes or fees. 347
348
This section does not apply to the provision of 349
telecommunications services for internal operational needs of a 350
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municipality or other entity of local government. This section 351
does not apply to the provision of internal information 352
services, including, but not limited to, tax records, 353
engineering records, and p roperty records, by a municipality or 354
other entity of local government to the public for a fee. 355
Section 12. Subsections (6), (7), and (8) of section 356
166.241, Florida Statutes, are renumbered as subsections (4), 357
(5), and (6), respectively, and present s ubsections (4), (5), 358
and (8) of that section are amended, to read: 359
166.241 Fiscal years, budgets, appeal of municipal law 360
enforcement agency budget, and budget amendments. — 361
(4)(a) If the tentative budget of a municipality contains 362
a funding reduction t o the operating budget of the municipal law 363
enforcement agency, the state attorney for the judicial circuit 364
in which the municipality is located, or a member of the 365
governing body who objects to the funding reduction, may file an 366
appeal by petition to the Administration Commission within 30 367
days after the day the tentative budget is posted to the 368
official website of the municipality under subsection (3). The 369
petition must set forth the tentative budget proposed by the 370
municipality, in the form and manner pr escribed by the Executive 371
Office of the Governor and approved by the Administration 372
Commission, the operating budget of the municipal law 373
enforcement agency as approved by the municipality for the 374
previous year, and state the reasons or grounds for the app eal. 375
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The petition shall be filed with the Executive Office of the 376
Governor and a copy served upon the governing body of the 377
municipality or to the clerk of the circuit court of the county 378
in which the municipality is located. 379
(b) The governing body of th e municipality has 5 working 380
days after service of a copy of the petition to file a reply 381
with the Executive Office of the Governor and shall serve a copy 382
of such reply to the petitioner. 383
(5) Upon receipt of the petition, the Executive Office of 384
the Governor shall provide for a budget hearing at which the 385
matters presented in the petition and the reply shall be 386
considered. A report of the findings and recommendations of the 387
Executive Office of the Governor thereon shall be promptly 388
submitted to the Admini stration Commission, which, within 30 389
days, shall approve the action of the governing body of the 390
municipality or amend or modify the budget as to each separate 391
item within the operating budget of the municipal law 392
enforcement agency. The budget as approve d, amended, or modified 393
by the Administration Commission shall be final. 394
(6)(8) If the governing body of a municipality amends the 395
budget pursuant to paragraph (5)(c) (7)(c), the adopted 396
amendment must be posted on the official website of the 397
municipality within 5 days after adoption and must remain on the 398
website for at least 2 years. If the municipality does not 399
operate an official website, the municipality must, within a 400
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reasonable period of time as established by the county or 401
counties in which the mu nicipality is located, transmit the 402
adopted amendment to the manager or administrator of such county 403
or counties who shall post the adopted amendment on the county's 404
website. 405
Section 13. Subsection (6) of section 196.012, Florida 406
Statutes, is amended t o read: 407
196.012 Definitions. —For the purpose of this chapter, the 408
following terms are defined as follows, except where the context 409
clearly indicates otherwise: 410
(6) Governmental, municipal, or public purpose or function 411
shall be deemed to be served or p erformed when the lessee under 412
any leasehold interest created in property of the United States, 413
the state or any of its political subdivisions, or any 414
municipality, agency, special district, authority, or other 415
public body corporate of the state is demonst rated to perform a 416
function or serve a governmental purpose which could properly be 417
performed or served by an appropriate governmental unit or which 418
is demonstrated to perform a function or serve a purpose which 419
would otherwise be a valid subject for the a llocation of public 420
funds. For purposes of the preceding sentence, an activity 421
undertaken by a lessee which is permitted under the terms of its 422
lease of real property designated as an aviation area on an 423
airport layout plan which has been approved by the F ederal 424
Aviation Administration and which real property is used for the 425
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administration, operation, business offices and activities 426
related specifically thereto in connection with the conduct of 427
an aircraft full service fixed base operation which provides 428
goods and services to the general aviation public in the 429
promotion of air commerce shall be deemed an activity which 430
serves a governmental, municipal, or public purpose or function. 431
Any activity undertaken by a lessee which is permitted under the 432
terms of its lease of real property designated as a public 433
airport as defined in s. 332.004(14) by municipalities, 434
agencies, special districts, authorities, or other public bodies 435
corporate and public bodies politic of the state, a spaceport as 436
defined in s. 331.303, or which is located in a deepwater port 437
identified in s. 403.021(9)(b) and owned by one of the foregoing 438
governmental units, subject to a leasehold or other possessory 439
interest of a nongovernmental lessee that is deemed to perform 440
an aviation, airport, ae rospace, maritime, or port purpose or 441
operation shall be deemed an activity that serves a 442
governmental, municipal, or public purpose. The use by a lessee, 443
licensee, or management company of real property or a portion 444
thereof as a convention center, visitor center, sports facility 445
with permanent seating, concert hall, arena, stadium, park, or 446
beach is deemed a use that serves a governmental, municipal, or 447
public purpose or function when access to the property is open 448
to the general public with or without a c harge for admission. If 449
property deeded to a municipality by the United States is 450
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subject to a requirement that the Federal Government, through a 451
schedule established by the Secretary of the Interior, determine 452
that the property is being maintained for pub lic historic 453
preservation, park, or recreational purposes and if those 454
conditions are not met the property will revert back to the 455
Federal Government, then such property shall be deemed to serve 456
a municipal or public purpose. The term "governmental purpose " 457
also includes a direct use of property on federal lands in 458
connection with the Federal Government's Space Exploration 459
Program or spaceport activities as defined in s. 212.02(22). 460
Real property and tangible personal property owned by the 461
Federal Government or Space Florida and used for defense and 462
space exploration purposes or which is put to a use in support 463
thereof shall be deemed to perform an essential national 464
governmental purpose and shall be exempt. "Owned by the lessee" 465
as used in this chapter does not include personal property, 466
buildings, or other real property improvements used for the 467
administration, operation, business offices and activities 468
related specifically thereto in connection with the conduct of 469
an aircraft full service fixed based opera tion which provides 470
goods and services to the general aviation public in the 471
promotion of air commerce provided that the real property is 472
designated as an aviation area on an airport layout plan 473
approved by the Federal Aviation Administration. For purposes of 474
determination of "ownership," buildings and other real property 475
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improvements which will revert to the airport authority or other 476
governmental unit upon expiration of the term of the lease shall 477
be deemed "owned" by the governmental unit and not the les see. 478
Providing two-way telecommunications services to the public for 479
hire by the use of a telecommunications facility, as defined in 480
s. 364.02(14), and for which a certificate is required under 481
chapter 364 does not constitute an exempt use for purposes of s. 482
196.199, unless the telecommunications services are provided by 483
the operator of a public -use airport, as defined in s. 332.004, 484
for the operator's provision of telecommunications services for 485
the airport or its tenants, concessionaires, or licensees, or 486
unless the telecommunications services are provided by a public 487
hospital. 488
Section 14. Subsection (1) of section 199.183, Florida 489
Statutes, is amended to read: 490
199.183 Taxpayers exempt from nonrecurring taxes. — 491
(1) Intangible personal property owne d by this state or 492
any of its political subdivisions or municipalities shall be 493
exempt from taxation under this chapter. This exemption does not 494
apply to: 495
(a) Any leasehold or other interest that is described in 496
s. 199.023(1)(d), Florida Statutes 2005; o r 497
(b) Property related to the provision of two -way 498
telecommunications services to the public for hire by the use of 499
a telecommunications facility, as defined in s. 364.02(14), and 500
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for which a certificate is required under chapter 364, when the 501
service is provided by any county, municipality, or other 502
political subdivision of the state. Any immunity of any 503
political subdivision of the state or other entity of local 504
government from taxation of the property used to provide 505
telecommunication services that is taxed as a result of this 506
paragraph is hereby waived. However, Intangible personal 507
property related to the provision of telecommunications services 508
provided by the operator of a public -use airport, as defined in 509
s. 332.004, for the operator's provision of telecommunications 510
services for the airport or its tenants, concessionaires, or 511
licensees, and intangible personal property related to the 512
provision of telecommunications services provided by a public 513
hospital, are exempt from taxation under this chapter. 514
Section 15. Paragraph (a) of subsection (6) of section 515
212.08, Florida Statutes, is amended to read: 516
212.08 Sales, rental, use, consumption, distribution, and 517
storage tax; specified exemptions. —The sale at retail, the 518
rental, the use, the consumption, the distribution, and the 519
storage to be used or consumed in this state of the following 520
are hereby specifically exempt from the tax imposed by this 521
chapter. 522
(6) EXEMPTIONS; POLITICAL SUBDIVISIONS. — 523
(a) There are also exempt from the tax im posed by this 524
chapter sales made to the United States Government, a state, or 525
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any county, municipality, or political subdivision of a state 526
when payment is made directly to the dealer by the governmental 527
entity. This exemption shall not inure to any transa ction 528
otherwise taxable under this chapter when payment is made by a 529
government employee by any means, including, but not limited to, 530
cash, check, or credit card when that employee is subsequently 531
reimbursed by the governmental entity. This exemption does not 532
include sales, rental, use, consumption, or storage for use in 533
any political subdivision or municipality in this state of 534
machines and equipment and parts and accessories therefor used 535
in the generation, transmission, or distribution of electrical 536
energy by systems owned and operated by a political subdivision 537
in this state for transmission or distribution expansion. 538
Likewise exempt are charges for services rendered by radio and 539
television stations, including line charges, talent fees, or 540
license fees and charges for films, videotapes, and 541
transcriptions used in producing radio or television broadcasts. 542
The exemption provided in this subsection does not include 543
sales, rental, use, consumption, or storage for use in any 544
political subdivision or municipali ty in this state of machines 545
and equipment and parts and accessories therefor used in 546
providing two-way telecommunications services to the public for 547
hire by the use of a telecommunications facility, as defined in 548
s. 364.02(14), and for which a certificate is required under 549
chapter 364, which facility is owned and operated by any county, 550
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municipality, or other political subdivision of the state. Any 551
immunity of any political subdivision of the state or other 552
entity of local government from taxation of the p roperty used to 553
provide telecommunication services that is taxed as a result of 554
this section is hereby waived. However, the exemption provided 555
in this subsection includes transactions taxable under this 556
chapter which are for use by the operator of a public -use 557
airport, as defined in s. 332.004, in providing such 558
telecommunications services for the airport or its tenants, 559
concessionaires, or licensees, or which are for use by a public 560
hospital for the provision of such telecommunications services. 561
Section 16. Section 218.077, Florida Statutes, is 562
repealed. 563
Section 17. Paragraph (w) of subsection (2) of section 564
252.35, Florida Statutes, is amended to read: 565
252.35 Emergency management powers; Division of Emergency 566
Management.— 567
(2) The division is re sponsible for carrying out the 568
provisions of ss. 252.31 -252.90. In performing its duties, the 569
division shall: 570
(w) Delegate, as necessary and appropriate, authority 571
vested in it under ss. 252.31 -252.90 and provide for the 572
subdelegation of such authority. The duration of each such 573
delegation or subdelegation during an emergency may not exceed 574
60 days; however, a delegation or subdelegation may be renewed 575
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during the emergency, as necessary. 576
Section 18. Subsection (4) of section 252.38, Florida 577
Statutes, is amended to read: 578
252.38 Emergency management powers of political 579
subdivisions.—Safeguarding the life and property of its citizens 580
is an innate responsibility of the governing body of each 581
political subdivision of the state. 582
(4) EXPIRATION AND EXTENS ION OF EMERGENCY ORDERS. — 583
(a) As used in this subsection, the term "emergency order" 584
means an order or ordinance issued or enacted by a political 585
subdivision in response to an emergency pursuant to this chapter 586
or chapter 381 that limits the rights or li berties of 587
individuals or businesses within the political subdivision. The 588
term does not apply to orders issued in response to hurricanes 589
or other weather-related emergencies. 590
(b) It is the intent of the Legislature to minimize the 591
negative effects of an emergency order issued by a political 592
subdivision. Notwithstanding any other law, an emergency order 593
issued by a political subdivision must be narrowly tailored to 594
serve a compelling public health or safety purpose. Any such 595
emergency order must be limite d in duration, applicability, and 596
scope in order to reduce any infringement on individual rights 597
or liberties to the greatest extent possible. 598
(c) An emergency order automatically expires 7 days after 599
issuance but may be extended by a majority vote of th e governing 600
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body of the political subdivision, as necessary, in 7 -day 601
increments for a total duration of not more than 42 days. 602
(d) The Governor may, at any time, invalidate an emergency 603
order issued by a political subdivision if the Governor 604
determines that such order unnecessarily restricts individual 605
rights or liberties. 606
(e) Upon the expiration of an emergency order, a political 607
subdivision may not issue a substantially similar order. 608
Section 19. Subsection (2) of section 252.46, Florida 609
Statutes, is amended to read: 610
252.46 Orders and rules. — 611
(2) All orders and rules adopted by the division or any 612
political subdivision or other agency authorized by ss. 252.31 -613
252.90 to make orders and rules have full force and effect of 614
law after adoption in a ccordance with chapter 120 in the event 615
of issuance by the division or any state agency or, if adopted 616
by a political subdivision of the state or agency thereof, when 617
filed in the office of the clerk or recorder of the political 618
subdivision or agency adopt ing the same. Failure of a political 619
subdivision to file any such order or rule with the office of 620
the clerk or recorder within 3 days after issuance voids the 621
order or rule. All existing laws, ordinances, and rules 622
inconsistent with ss. 252.31 -252.90, or any order or rule issued 623
under the authority of ss. 252.31 -252.90, must be suspended 624
during the period of time and to the extent that such conflict 625
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exists. 626
Section 20. Section 311.25, Florida Statutes, is repealed. 627
Section 21. Paragraph (b) of subs ection (1) of section 628
331.502, Florida Statutes, is amended to read: 629
331.502 Recovery of spaceflight assets. — 630
(1) As used in this section, the term: 631
(b) "Law enforcement agency" has the same meaning as 632
provided in s. 908.102 . 633
Section 22. Paragrap h (a) of subsection (1), subsections 634
(2) and (3), paragraph (d) of subsection (6), and subsections 635
(7), (8), and (9) of section 337.401, Florida Statutes, are 636
amended to read: 637
337.401 Use of right -of-way for utilities subject to 638
regulation; permit; fees. — 639
(1)(a) The department and local governmental entities, 640
referred to in this section and in ss. 337.402, 337.403, and 641
337.404 as the "authority," that have jurisdiction and control 642
of public roads or publicly owned rail corridors are authorized 643
to prescribe and enforce reasonable rules or regulations with 644
reference to the placing and maintaining across, on, or within 645
the right-of-way limits of any road or publicly owned rail 646
corridors under their respective jurisdictions any electric 647
transmission, voice, telegraph, data, or other communications 648
services lines or wireless facilities ; pole lines; poles; 649
railways; ditches; sewers; water, heat, or gas mains; pipelines; 650
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fences; gasoline tanks and pumps; or other structures referred 651
to in this section and in ss. 337.402, 337.403, and 337.404 as 652
the "utility." The department may enter into a permit -delegation 653
agreement with a governmental entity if issuance of a permit is 654
based on requirements that the department finds will ensure the 655
safety and integrity of facil ities of the Department of 656
Transportation; however, the permit -delegation agreement does 657
not apply to facilities of electric utilities as defined in s. 658
366.02(2). 659
(2) The authority may grant to any person who is a 660
resident of this state, or to any corpor ation which is organized 661
under the laws of this state or licensed to do business within 662
this state, the use of a right -of-way for the utility in 663
accordance with such rules or regulations as the authority may 664
adopt. A utility may not be installed, located, or relocated 665
unless authorized by a written permit issued by the authority. 666
However, for public roads or publicly owned rail corridors under 667
the jurisdiction of the department, a utility relocation 668
schedule and relocation agreement may be executed in lieu of a 669
written permit. The permit must require the permitholder to be 670
responsible for any damage resulting from the issuance of such 671
permit. The authority may initiate injunctive proceedings as 672
provided in s. 120.69 to enforce provisions of this subsection 673
or any rule or order issued or entered into pursuant thereto. A 674
permit application required under this subsection by a county or 675
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municipality having jurisdiction and control of the right -of-way 676
of any public road must be processed and acted upon in 677
accordance with the timeframes provided in subparagraphs 678
(7)(d)7., 8., and 9. 679
(3)(a) Because of the unique circumstances applicable to 680
providers of communications services, including, but not limited 681
to, the circumstances described in paragraph (e) and the fact 682
that federal and state law require the nondiscriminatory 683
treatment of providers of telecommunications services, and 684
because of the desire to promote competition among providers of 685
communications services, it is the intent of the Legislature 686
that municipalities and counties treat providers of 687
communications services in a nondiscriminatory and competitively 688
neutral manner when imposing rules or regulations governing the 689
placement or maintenance of communications facilities in the 690
public roads or rights -of-way. Rules or regulations imposed by a 691
municipality or county relating to providers of communications 692
services placing or maintaining communications facilities in its 693
roads or rights-of-way must be generally applicable to all 694
providers of communications servi ces, taking into account the 695
distinct engineering, construction, operation, maintenance, 696
public works, and safety requirements of the provider's 697
facilities, and, notwithstanding any other law, may not require 698
a provider of communications services to apply for or enter into 699
an individual license, franchise, or other agreement with the 700
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municipality or county as a condition of placing or maintaining 701
communications facilities in its roads or rights -of-way. In 702
addition to other reasonable rules or regulations th at a 703
municipality or county may adopt relating to the placement or 704
maintenance of communications facilities in its roads or rights -705
of-way under this subsection or subsection (7), a municipality 706
or county may require a provider of communications services th at 707
places or seeks to place facilities in its roads or rights -of-708
way to register with the municipality or county . To register, a 709
provider of communications services may be required only to 710
provide its name; the name, address, and telephone number of a 711
contact person for the registrant; the number of the 712
registrant's current certificate of authorization issued by the 713
Florida Public Service Commission, the Federal Communications 714
Commission, or the Department of State; a statement of whether 715
the registrant is a pass-through provider as defined in 716
subparagraph (6)(a)1.; the registrant's federal employer 717
identification number; and any required proof of insurance or 718
self-insuring status adequate to defend and cover claims. A 719
municipality or county may not require a registrant to renew a 720
registration more frequently than every 5 years but may require 721
during this period that a registrant update the registration 722
information provided under this subsection within 90 days after 723
a change in such information. A municipalit y or county may not 724
require the registrant to provide an inventory of communications 725
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facilities, maps, locations of such facilities, or other 726
information by a registrant as a condition of registration, 727
renewal, or for any other purpose; provided, however, that a 728
municipality or county may require as part of a permit 729
application that the applicant identify at -grade communications 730
facilities within 50 feet of the proposed installation location 731
for the placement of at -grade communications facilities. A 732
municipality or county may not require a provider to pay any 733
fee, cost, or other charge for registration or renewal thereof. 734
It is the intent of the Legislature that the placement, 735
operation, maintenance, upgrading, and extension of 736
communications facilities not be unreasonably interrupted or 737
delayed through the permitting or other local regulatory 738
process. Except as provided in this chapter or otherwise 739
expressly authorized by chapter 202, chapter 364, or chapter 740
610, a municipality or county may not adopt or enf orce any 741
ordinance, regulation, or requirement as to the placement or 742
operation of communications facilities in a right -of-way by a 743
communications services provider authorized by state or local 744
law to operate in a right -of-way; regulate any communications 745
services; or impose or collect any tax, fee, cost, charge, or 746
exaction for the provision of communications services over the 747
communications services provider's communications facilities in 748
a right-of-way. 749
(b) Registration described in paragraph (a) does not 750
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establish a right to place or maintain, or priority for the 751
placement or maintenance of, a communications facility in roads 752
or rights-of-way of a municipality or county. Each municipality 753
and county retains the authority to regulate and manage 754
municipal and county roads or rights -of-way in exercising its 755
police power, subject to the limitations imposed in this section 756
and chapters 202 and 610 . Any rules or regulations adopted by a 757
municipality or county which govern the occupation of its roads 758
or rights-of-way by providers of communications services must be 759
related to the placement or maintenance of facilities in such 760
roads or rights-of-way, must be reasonable and 761
nondiscriminatory, and may include only t hose matters necessary 762
to manage the roads or rights -of-way of the municipality or 763
county. 764
(c) Any municipality or county that, as of January 1, 765
2019, elected to require permit fees from any provider of 766
communications services that uses or occupies munic ipal or 767
county roads or rights -of-way pursuant to former paragraph (c) 768
or former paragraph (j), Florida Statutes 2018, may continue to 769
require and collect such fees. A municipality or county that 770
elected as of January 1, 2019, to require permit fees may el ect 771
to forego such fees as provided herein. A municipality or county 772
that elected as of January 1, 2019, not to require permit fees 773
may not elect to impose permit fees. All fees authorized under 774
this paragraph must be reasonable and commensurate with the 775
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direct and actual cost of the regulatory activity, including 776
issuing and processing permits, plan reviews, physical 777
inspection, and direct administrative costs; must be 778
demonstrable; and must be equitable among users of the roads or 779
rights-of-way. A fee authorized under this paragraph may not be 780
offset against the tax imposed under chapter 202; include the 781
costs of roads or rights -of-way acquisition or roads or rights -782
of-way rental; include any general administrative, management, 783
or maintenance costs of the roads or rights-of-way; or be based 784
on a percentage of the value or costs associated with the work 785
to be performed on the roads or rights -of-way. In an action to 786
recover amounts due for a fee not authorized under this 787
paragraph, the prevailing party may re cover court costs and 788
attorney fees at trial and on appeal. In addition to the 789
limitations set forth in this section, a fee levied by a 790
municipality or charter county under this paragraph may not 791
exceed $100. However, permit fees may not be imposed with 792
respect to permits that may be required for service drop lines 793
not required to be noticed under s. 556.108(5) or for any 794
activity that does not require the physical disturbance of the 795
roads or rights-of-way or does not impair access to or full use 796
of the roads or rights-of-way, including, but not limited to, 797
the performance of service restoration work on existing 798
facilities, extensions of such facilities for providing 799
communications services to customers, and the placement of micro 800
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wireless facilities in accordance with subparagraph (7)(e)3 . 801
1. If a municipality or charter county elects to not 802
require permit fees, the total rate for the local communications 803
services tax as computed under s. 202.20 for that municipality 804
or charter county may be increased by ordinance or resolution by 805
an amount not to exceed a rate of 0.12 percent. 806
2. If a noncharter county elects to not require permit 807
fees, the total rate for the local communications services tax 808
as computed under s. 202.20 for that noncharter county may be 809
increased by ordinance or resolution by an amount not to exceed 810
a rate of 0.24 percent, to replace the revenue the noncharter 811
county would otherwise have received from permit fees for 812
providers of communications services. 813
(d) In addition to any other notice requirements, a 814
municipality must provide to the Secretary of State, at least 10 815
days prior to consideration on first reading, notice of a 816
proposed ordinance governing a telecommunications company 817
placing or maintaining telecommunications facilitie s in its 818
roads or rights-of-way. In addition to any other notice 819
requirements, a county must provide to the Secretary of State, 820
at least 15 days prior to consideration at a public hearing, 821
notice of a proposed ordinance governing a telecommunications 822
company placing or maintaining telecommunications facilities in 823
its roads or rights-of-way. The notice required by this 824
paragraph must be published by the Secretary of State on a 825
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designated Internet website. The failure of a municipality or 826
county to provide su ch notice does not render the ordinance 827
invalid, provided that enforcement of such ordinance must be 828
suspended until 30 days after the municipality or county 829
provides the required notice . 830
(e) The authority of municipalities and counties to 831
require franchise fees from providers of communications 832
services, with respect to the provision of communications 833
services, is specifically preempted by the state because of 834
unique circumstances applicable to providers of communications 835
services when compared to other u tilities occupying municipal or 836
county roads or rights -of-way. Providers of communications 837
services may provide similar services in a manner that requires 838
the placement of facilities in municipal or county roads or 839
rights-of-way or in a manner that does no t require the placement 840
of facilities in such roads or rights -of-way. Although similar 841
communications services may be provided by different means, the 842
state desires to treat providers of communications services in a 843
nondiscriminatory manner and to have the taxes, franchise fees, 844
and other fees, costs, and financial or regulatory exactions 845
paid by or imposed on providers of communications services be 846
competitively neutral. Municipalities and counties retain all 847
existing authority, if any, to collect franchis e fees from users 848
or occupants of municipal or county roads or rights -of-way other 849
than providers of communications services, and the provisions of 850
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this subsection shall have no effect upon this authority. The 851
provisions of this subsection do not restrict the authority, if 852
any, of municipalities or counties or other governmental 853
entities to receive reasonable rental fees based on fair market 854
value for the use of public lands and buildings on property 855
outside the public roads or rights -of-way for the placement of 856
communications antennas and towers. 857
(f) Except as expressly allowed or authorized by general 858
law and except for the rights -of-way permit fees subject to 859
paragraph (c), a municipality or county may not levy on a 860
provider of communications services a tax, fee, or other charge 861
or imposition for operating as a provider of communications 862
services within the jurisdiction of the municipality or county 863
which is in any way related to using its roads or rights -of-way. 864
A municipality or county may not require or solicit in-kind 865
compensation, except as otherwise provided in s. 202.24(2)(c)8. 866
or, provided that the in -kind compensation is not a franchise 867
fee under federal law. Nothing in this paragraph impairs the 868
authority of a municipality or county to request p ublic, 869
educational, or governmental access channels pursuant to s. 870
610.109. Nothing in this paragraph shall impair any ordinance or 871
agreement in effect on May 22, 1998, or any voluntary agreement 872
entered into subsequent to that date, which provides for or 873
allows in-kind compensation by a telecommunications company. 874
(g) A municipality or county may not use its authority 875
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over the placement of facilities in its roads and rights -of-way 876
as a basis for asserting or exercising regulatory control over a 877
provider of communications services regarding matters within the 878
exclusive jurisdiction of the Florida Public Service Commission 879
or the Federal Communications Commission, including, but not 880
limited to, the operations, systems, equipment, technology, 881
qualifications, services, service quality, service territory, 882
and prices of a provider of communications services. A 883
municipality or county may not require any permit for the 884
maintenance, repair, replacement, extension, or upgrade of 885
existing aerial wireline communicatio ns facilities on utility 886
poles or for aerial wireline facilities between existing 887
wireline communications facility attachments on utility poles by 888
a communications services provider. However, a municipality or 889
county may require a right -of-way permit for work that involves 890
excavation, closure of a sidewalk, or closure of a vehicular 891
lane or parking lane, unless the provider is performing service 892
restoration to existing facilities. A permit application 893
required by an authority under this section for the plac ement of 894
communications facilities must be processed and acted upon 895
consistent with the timeframes provided in subparagraphs 896
(7)(d)7., 8., and 9. In addition, a municipality or county may 897
not require any permit or other approval, fee, charge, or cost, 898
or other exaction for the maintenance, repair, replacement, 899
extension, or upgrade of existing aerial lines or underground 900
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communications facilities located on private property outside of 901
the public rights-of-way. As used in this section, the term 902
"extension of existing facilities" includes those extensions 903
from the rights-of-way into a customer's private property for 904
purposes of placing a service drop or those extensions from the 905
rights-of-way into a utility easement to provide service to a 906
discrete identifiabl e customer or group of customers. 907
(h) A provider of communications services that has 908
obtained permission to occupy the roads or rights -of-way of an 909
incorporated municipality pursuant to s. 362.01 or that is 910
otherwise lawfully occupying the roads or right s-of-way of a 911
municipality or county shall not be required to obtain consent 912
to continue such lawful occupation of those roads or rights -of-913
way; however, nothing in this paragraph shall be interpreted to 914
limit the power of a municipality or county to adopt or enforce 915
reasonable rules or regulations as provided in this section and 916
consistent with chapters 202, 364, and 610. Any such rules or 917
regulations must be in writing, and registered providers of 918
communications services in the municipality or county must be 919
given at least 60 days' advance written notice of any changes to 920
the rules and regulations . 921
(i) Except as expressly provided in this section, this 922
section does not modify the authority of municipalities and 923
counties to levy the tax authorized in chap ter 202 or the duties 924
of providers of communications services under ss. 337.402 -925
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337.404. This section does not apply to building permits, pole 926
attachments, or private roads, private easements, and private 927
rights-of-way. 928
(j) Notwithstanding the provisions of s. 202.19, when a 929
local communications services tax rate is changed as a result of 930
an election made or changed under this subsection, such rate may 931
not be rounded to tenths. 932
(6) 933
(d) The amounts charged pursuant to this subsection shall 934
be based on the linear miles of roads or rights -of-way where a 935
communications facility is placed, not based on a summation of 936
the lengths of individual cables, conduits, strands, or fibers. 937
The amounts referenced in this subsection may be charged only 938
once annually and only to one person annually for any 939
communications facility. A municipality or county shall 940
discontinue charging such amounts to a person that has ceased to 941
be a pass-through provider. Any annual amounts charged shall be 942
reduced for a prorated portion of any 12-month period during 943
which the person remits taxes imposed by the municipality or 944
county pursuant to chapter 202. Any excess amounts paid to a 945
municipality or county shall be refunded to the person upon 946
written notice of the excess to the municipalit y or county. A 947
municipality or county may require a pass -through provider to 948
provide an annual notarized statement identifying the total 949
number of linear miles of pass -through facilities in the 950
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municipality's or county's rights -of-way. Upon request from a 951
municipality or county, a pass -through provider must provide 952
reasonable access to maps of pass -through facilities located in 953
the rights-of-way of the municipality or county making the 954
request. The scope of the request must be limited to only those 955
maps of pass-through facilities from which the calculation of 956
the linear miles of pass -through facilities in the rights -of-way 957
can be determined. The request must be accompanied by an 958
affidavit that the person making the request is authorized by 959
the municipality or county to review tax information related to 960
the revenue and mileage calculations for pass -through providers. 961
A request may not be made more than once annually to a pass -962
through provider. 963
(7)(a) This subsection may be cited as the "Advanced 964
Wireless Infrastructure Deployment Act." 965
(b) As used in this subsection, the term: 966
1. "Antenna" means communications equipment that transmits 967
or receives electromagnetic radio frequency signals used in 968
providing wireless services. 969
2. "Applicable codes" means uni form building, fire, 970
electrical, plumbing, or mechanical codes adopted by a 971
recognized national code organization or local amendments to 972
those codes enacted solely to address threats of destruction of 973
property or injury to persons, and includes the Nationa l 974
Electric Safety Code and the 2017 edition of the Florida 975
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Department of Transportation Utility Accommodation Manual. 976
3. "Applicant" means a person who submits an application 977
and is a wireless provider. 978
4. "Application" means a request submitted by an applicant 979
to an authority for a permit to collocate small wireless 980
facilities or to place a new utility pole used to support a 981
small wireless facility. 982
5. "Authority" means a county or municipality having 983
jurisdiction and control of the rights -of-way of any public 984
road. The term does not include the Department of 985
Transportation. Rights -of-way under the jurisdiction and control 986
of the department are excluded from this subsection. 987
6. "Authority utility pole" means a utility pole owned by 988
an authority in the right-of-way. The term does not include a 989
utility pole owned by a municipal electric utility, a utility 990
pole used to support municipally owned or operated electric 991
distribution facilities, or a utility pole located in the right -992
of-way within: 993
a. A retirement community that: 994
(I) Is deed restricted as housing for older persons as 995
defined in s. 760.29(4)(b); 996
(II) Has more than 5,000 residents; and 997
(III) Has underground utilities for electric transmission 998
or distribution. 999
b. A municipality that: 1000
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(I) Is located on a coastal barrier island as defined in 1001
s. 161.053(1)(b)3.; 1002
(II) Has a land area of less than 5 square miles; 1003
(III) Has less than 10,000 residents; and 1004
(IV) Has, before July 1, 2017, received referendum 1005
approval to issue debt to finance municipal-wide undergrounding 1006
of its utilities for electric transmission or distribution. 1007
7. "Collocate" or "collocation" means to install, mount, 1008
maintain, modify, operate, or replace one or more wireless 1009
facilities on, under, within, or adjacen t to a wireless support 1010
structure or utility pole. The term does not include the 1011
installation of a new utility pole or wireless support structure 1012
in the public rights -of-way. 1013
8. "FCC" means the Federal Communications Commission. 1014
9. "Micro wireless faci lity" means a small wireless 1015
facility having dimensions no larger than 24 inches in length, 1016
15 inches in width, and 12 inches in height and an exterior 1017
antenna, if any, no longer than 11 inches. 1018
10. "Small wireless facility" means a wireless facility 1019
that meets the following qualifications: 1020
a. Each antenna associated with the facility is located 1021
inside an enclosure of no more than 6 cubic feet in volume or, 1022
in the case of antennas that have exposed elements, each antenna 1023
and all of its exposed elements could fit within an enclosure of 1024
no more than 6 cubic feet in volume; and 1025
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b. All other wireless equipment associated with the 1026
facility is cumulatively no more than 28 cubic feet in volume. 1027
The following types of associated ancillary equipment are not 1028
included in the calculation of equipment volume: electric 1029
meters, concealment elements, telecommunications demarcation 1030
boxes, ground-based enclosures, grounding equipment, power 1031
transfer switches, cutoff switches, vertical cable runs for the 1032
connection of power and other services, and utility poles or 1033
other support structures. 1034
11. "Utility pole" means a pole or similar structure that 1035
is used in whole or in part to provide communications services 1036
or for electric distribution, lighting, traffic control, 1037
signage, or a similar function. The term includes the vertical 1038
support structure for traffic lights but does not include a 1039
horizontal structure to which signal lights or other traffic 1040
control devices are attached and does not include a pole or 1041
similar structure 15 feet in height or less unless an authority 1042
grants a waiver for such pole. 1043
12. "Wireless facility" means equipment at a fixed 1044
location which enables wireless communications between user 1045
equipment and a communications network, including radio 1046
transceivers, antennas, wires, coaxial or fiber -optic cable or 1047
other cables, regular and backup power supplies, and comparable 1048
equipment, regardless of technological configuration, and 1049
equipment associated with wireless communications. The term 1050
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includes small wirele ss facilities. The term does not include: 1051
a. The structure or improvements on, under, within, or 1052
adjacent to the structure on which the equipment is collocated; 1053
b. Wireline backhaul facilities; or 1054
c. Coaxial or fiber -optic cable that is between wirel ess 1055
structures or utility poles or that is otherwise not immediately 1056
adjacent to or directly associated with a particular antenna. 1057
13. "Wireless infrastructure provider" means a person who 1058
has been certificated under chapter 364 to provide 1059
telecommunications service or under chapter 610 to provide cable 1060
or video services in this state, or that person's affiliate, and 1061
who builds or installs wireless communication transmission 1062
equipment, wireless facilities, or wireless support structures 1063
but is not a wireless services provider. 1064
14. "Wireless provider" means a wireless infrastructure 1065
provider or a wireless services provider. 1066
15. "Wireless services" means any services provided using 1067
licensed or unlicensed spectrum, whether at a fixed location or 1068
mobile, using wireless facilities. 1069
16. "Wireless services provider" means a person who 1070
provides wireless services. 1071
17. "Wireless support structure" means a freestanding 1072
structure, such as a monopole, a guyed or self -supporting tower, 1073
or another existing or prop osed structure designed to support or 1074
capable of supporting wireless facilities. The term does not 1075
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include a utility pole, pedestal, or other support structure for 1076
ground-based equipment not mounted on a utility pole and less 1077
than 5 feet in height. 1078
(c) Except as provided in this subsection, an authority 1079
may not prohibit, regulate, or charge for the collocation of 1080
small wireless facilities in the public rights -of-way or for the 1081
installation, maintenance, modification, operation, or 1082
replacement of utility p oles used for the collocation of small 1083
wireless facilities in the public rights -of-way. 1084
(d) An authority may require a registration process and 1085
permit fees in accordance with subsection (3). An authority 1086
shall accept applications for permits and shall pr ocess and 1087
issue permits subject to the following requirements: 1088
1. An authority may not directly or indirectly require an 1089
applicant to perform services unrelated to the collocation for 1090
which approval is sought, such as in -kind contributions to the 1091
authority, including reserving fiber, conduit, or pole space for 1092
the authority. 1093
2. An applicant may not be required to provide more 1094
information to obtain a permit than is necessary to demonstrate 1095
the applicant's compliance with applicable codes for the 1096
placement of small wireless facilities in the locations 1097
identified in the application. An applicant may not be required 1098
to provide inventories, maps, or locations of communications 1099
facilities in the right -of-way other than as necessary to avoid 1100
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interference with other at-grade or aerial facilities located at 1101
the specific location proposed for a small wireless facility or 1102
within 50 feet of such location. 1103
3. An authority may not: 1104
a. Require the placement of small wireless facilities on 1105
any specific utility pole or category of poles; 1106
b. Require the placement of multiple antenna systems on a 1107
single utility pole; 1108
c. Require a demonstration that collocation of a small 1109
wireless facility on an existing structure is not legally or 1110
technically possible as a con dition for granting a permit for 1111
the collocation of a small wireless facility on a new utility 1112
pole except as provided in paragraph (i); 1113
d. Require compliance with an authority's provisions 1114
regarding placement of small wireless facilities or a new 1115
utility pole used to support a small wireless facility in 1116
rights-of-way under the control of the department unless the 1117
authority has received a delegation from the department for the 1118
location of the small wireless facility or utility pole, or 1119
require such compliance as a condition to receive a permit that 1120
is ancillary to the permit for collocation of a small wireless 1121
facility, including an electrical permit; 1122
e. Require a meeting before filing an application; 1123
f. Require direct or indirect public notification o r a 1124
public meeting for the placement of communication facilities in 1125
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the right-of-way; 1126
g. Limit the size or configuration of a small wireless 1127
facility or any of its components, if the small wireless 1128
facility complies with the size limits in this subsectio n; 1129
h. Prohibit the installation of a new utility pole used to 1130
support the collocation of a small wireless facility if the 1131
installation otherwise meets the requirements of this 1132
subsection; or 1133
i. Require that any component of a small wireless facility 1134
be placed underground except as provided in paragraph (i). 1135
4. Subject to paragraph (r), an authority may not limit 1136
the placement, by minimum separation distances, of small 1137
wireless facilities, utility poles on which small wireless 1138
facilities are or will be collocated, or other at -grade 1139
communications facilities. However, within 14 days after the 1140
date of filing the application, an authority may request that 1141
the proposed location of a small wireless facility be moved to 1142
another location in the right -of-way and placed on an 1143
alternative authority utility pole or support structure or 1144
placed on a new utility pole. The authority and the applicant 1145
may negotiate the alternative location, including any objective 1146
design standards and reasonable spacing requirements for ground-1147
based equipment, for 30 days after the date of the request. At 1148
the conclusion of the negotiation period, if the alternative 1149
location is accepted by the applicant, the applicant must notify 1150
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the authority of such acceptance and the application shall be 1151
deemed granted for any new location for which there is agreement 1152
and all other locations in the application. If an agreement is 1153
not reached, the applicant must notify the authority of such 1154
nonagreement and the authority must grant or deny the original 1155
application within 90 days after the date the application was 1156
filed. A request for an alternative location, an acceptance of 1157
an alternative location, or a rejection of an alternative 1158
location must be in writing and provided by electronic mail. 1159
5. An authority shall limit the height of a small wireless 1160
facility to 10 feet above the utility pole or structure upon 1161
which the small wireless facility is to be collocated. Unless 1162
waived by an authority, the height for a new utility pole is 1163
limited to the tallest e xisting utility pole as of July 1, 2017, 1164
located in the same right -of-way, other than a utility pole for 1165
which a waiver has previously been granted, measured from grade 1166
in place within 500 feet of the proposed location of the small 1167
wireless facility. If th ere is no utility pole within 500 feet, 1168
the authority shall limit the height of the utility pole to 50 1169
feet. 1170
6. The installation by a communications services provider 1171
of a utility pole in the public rights -of-way, other than a 1172
utility pole used to suppor t a small wireless facility, is 1173
subject to authority rules or regulations governing the 1174
placement of utility poles in the public rights -of-way. 1175
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7. Within 14 days after receiving an application, an 1176
authority must determine and notify the applicant by elec tronic 1177
mail as to whether the application is complete. If an 1178
application is deemed incomplete, the authority must 1179
specifically identify the missing information. An application is 1180
deemed complete if the authority fails to provide notification 1181
to the applicant within 14 days. 1182
8. An application must be processed on a nondiscriminatory 1183
basis. A complete application is deemed approved if an authority 1184
fails to approve or deny the application within 60 days after 1185
receipt of the application. If an authority does not use the 30-1186
day negotiation period provided in subparagraph 4., the parties 1187
may mutually agree to extend the 60 -day application review 1188
period. The authority shall grant or deny the application at the 1189
end of the extended period. A permit issued pursuant to an 1190
approved application shall remain effective for 1 year unless 1191
extended by the authority. 1192
9. An authority must notify the applicant of approval or 1193
denial by electronic mail. An authority shall approve a complete 1194
application unless it does not meet t he authority's applicable 1195
codes. If the application is denied, the authority must specify 1196
in writing the basis for denial, including the specific code 1197
provisions on which the denial was based, and send the 1198
documentation to the applicant by electronic mail on the day the 1199
authority denies the application. The applicant may cure the 1200
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deficiencies identified by the authority and resubmit the 1201
application within 30 days after notice of the denial is sent to 1202
the applicant. The authority shall approve or deny the re vised 1203
application within 30 days after receipt or the application is 1204
deemed approved. The review of a revised application is limited 1205
to the deficiencies cited in the denial. If an authority 1206
provides for administrative review of the denial of an 1207
application, the review must be complete and a written decision 1208
issued within 45 days after a written request for review is 1209
made. A denial must identify the specific code provisions on 1210
which the denial is based. If the administrative review is not 1211
complete within 45 days, the authority waives any claim 1212
regarding failure to exhaust administrative remedies in any 1213
judicial review of the denial of an application. 1214
10. An applicant seeking to collocate small wireless 1215
facilities within the jurisdiction of a single authorit y may, at 1216
the applicant's discretion, file a consolidated application and 1217
receive a single permit for the collocation of up to 30 small 1218
wireless facilities. If the application includes multiple small 1219
wireless facilities, an authority may separately address small 1220
wireless facility collocations for which incomplete information 1221
has been received or which are denied. 1222
11. An authority may deny an application to collocate a 1223
small wireless facility or place a utility pole used to support 1224
a small wireless facilit y in the public rights -of-way if the 1225
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proposed small wireless facility or utility pole used to support 1226
a small wireless facility: 1227
a. Materially interferes with the safe operation of 1228
traffic control equipment. 1229
b. Materially interferes with sight lines or clear zones 1230
for transportation, pedestrians, or public safety purposes. 1231
c. Materially interferes with compliance with the 1232
Americans with Disabilities Act or similar federal or state 1233
standards regarding pedestrian access or movement. 1234
d. Materially fails to comply with the 2017 edition of the 1235
Florida Department of Transportation Utility Accommodation 1236
Manual. 1237
e. Fails to comply with applicable codes. 1238
f. Fails to comply with objective design standards 1239
authorized under paragraph (r). 1240
12. An authority may adopt by ordinance provisions for 1241
insurance coverage, indemnification, force majeure, abandonment, 1242
authority liability, or authority warranties. Such provisions 1243
must be reasonable and nondiscriminatory. An authority may 1244
require a construction bond to s ecure restoration of the 1245
postconstruction rights -of-way to the preconstruction condition. 1246
However, such bond must be time -limited to not more than 18 1247
months after the construction to which the bond applies is 1248
completed. For any financial obligation require d by an authority 1249
allowed under this section, the authority shall accept a letter 1250
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of credit or similar financial instrument issued by any 1251
financial institution that is authorized to do business within 1252
the United States, provided that a claim against the fi nancial 1253
instrument may be made by electronic means, including by 1254
facsimile. A provider of communications services may add an 1255
authority to any existing bond, insurance policy, or other 1256
relevant financial instrument, and the authority must accept 1257
such proof of coverage without any conditions other than consent 1258
to venue for purposes of any litigation to which the authority 1259
is a party. An authority may not require a communications 1260
services provider to indemnify it for liabilities not caused by 1261
the provider, including liabilities arising from the authority's 1262
negligence, gross negligence, or willful conduct. 1263
13. Collocation of a small wireless facility on an 1264
authority utility pole does not provide the basis for the 1265
imposition of an ad valorem tax on the authorit y utility pole. 1266
14. An authority may reserve space on authority utility 1267
poles for future public safety uses. However, a reservation of 1268
space may not preclude collocation of a small wireless facility. 1269
If replacement of the authority utility pole is necess ary to 1270
accommodate the collocation of the small wireless facility and 1271
the future public safety use, the pole replacement is subject to 1272
make-ready provisions and the replaced pole shall accommodate 1273
the future public safety use. 1274
15. A structure granted a p ermit and installed pursuant to 1275
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this subsection shall comply with chapter 333 and federal 1276
regulations pertaining to airport airspace protections. 1277
(e) An authority may not require any permit or other 1278
approval or require fees or other charges, costs, or ot her 1279
exactions for: 1280
1. Routine maintenance, the performance of service 1281
restoration work on existing facilities, or repair work, 1282
including, but not limited to, emergency repairs of existing 1283
facilities or extensions of such facilities for providing 1284
communications services to customers; 1285
2. Replacement of existing wireless facilities with 1286
wireless facilities that are substantially similar or of the 1287
same or smaller size; or 1288
3. Installation, placement, maintenance, or replacement of 1289
micro wireless facilities that are suspended on cables strung 1290
between existing utility poles in compliance with applicable 1291
codes by or for a communications services provider authorized to 1292
occupy the rights-of-way and who is remitting taxes under 1293
chapter 202. An authority may requi re an initial letter from or 1294
on behalf of such provider, which is effective upon filing, 1295
attesting that the micro wireless facility dimensions comply 1296
with the limits of this subsection. The authority may not 1297
require any additional filing or other informati on as long as 1298
the provider is deploying the same, a substantially similar, or 1299
a smaller size micro wireless facility equipment. 1300
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1301
Notwithstanding this paragraph, an authority may require a 1302
right-of-way permit for work that involves excavation, closure 1303
of a sidewalk, or closure of a vehicular lane or parking lane, 1304
unless the provider is performing service restoration on an 1305
existing facility and the work is done in compliance with the 1306
2017 edition of the Florida Department of Transportation Utility 1307
Accommodation Manual. An authority may require notice of such 1308
work within 30 days after restoration and may require an after -1309
the-fact permit for work which would otherwise have required a 1310
permit. 1311
(f) Collocation of small wireless facilities on authority 1312
utility poles is subject to the following requirements: 1313
1. An authority may not enter into an exclusive 1314
arrangement with any person for the right to attach equipment to 1315
authority utility poles. 1316
2. The rates and fees for collocations on authority 1317
utility poles must be nondiscriminatory, regardless of the 1318
services provided by the collocating person. 1319
3. The rate to collocate small wireless facilities on an 1320
authority utility pole may not exceed $150 per pole annually. 1321
4. Agreements between authorities and wireless providers 1322
that are in effect on July 1, 2017, and that relate to the 1323
collocation of small wireless facilities in the right -of-way, 1324
including the collocation of small wireless facilities on 1325
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authority utility poles, remain in effect, subject to applicable 1326
termination provisions. The wireless provider may accept the 1327
rates, fees, and terms established under this subsection for 1328
small wireless facilities and utility poles that are the subject 1329
of an application submi tted after the rates, fees, and terms 1330
become effective. 1331
5. A person owning or controlling an authority utility 1332
pole shall offer rates, fees, and other terms that comply with 1333
this subsection. By the later of January 1, 2018, or 3 months 1334
after receiving a request to collocate its first small wireless 1335
facility on a utility pole owned or controlled by an authority, 1336
the person owning or controlling the authority utility pole 1337
shall make available, through ordinance or otherwise, rates, 1338
fees, and terms for the c ollocation of small wireless facilities 1339
on the authority utility pole which comply with this subsection. 1340
a. The rates, fees, and terms must be nondiscriminatory 1341
and competitively neutral and must comply with this subsection. 1342
b. For an authority utility pole that supports an aerial 1343
facility used to provide communications services or electric 1344
service, the parties shall comply with the process for make -1345
ready work under 47 U.S.C. s. 224 and implementing regulations. 1346
The good faith estimate of the person own ing or controlling the 1347
pole for any make-ready work necessary to enable the pole to 1348
support the requested collocation must include pole replacement 1349
if necessary. 1350
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c. For an authority utility pole that does not support an 1351
aerial facility used to provide co mmunications services or 1352
electric service, the authority shall provide a good faith 1353
estimate for any make -ready work necessary to enable the pole to 1354
support the requested collocation, including necessary pole 1355
replacement, within 60 days after receipt of a complete 1356
application. Make-ready work, including any pole replacement, 1357
must be completed within 60 days after written acceptance of the 1358
good faith estimate by the applicant. Alternatively, an 1359
authority may require the applicant seeking to collocate a small 1360
wireless facility to provide a make -ready estimate at the 1361
applicant's expense for the work necessary to support the small 1362
wireless facility, including pole replacement, and perform the 1363
make-ready work. If pole replacement is required, the scope of 1364
the make-ready estimate is limited to the design, fabrication, 1365
and installation of a utility pole that is substantially similar 1366
in color and composition. The authority may not condition or 1367
restrict the manner in which the applicant obtains, develops, or 1368
provides the estimate or conducts the make -ready work subject to 1369
usual construction restoration standards for work in the right -1370
of-way. The replaced or altered utility pole shall remain the 1371
property of the authority. 1372
d. An authority may not require more make -ready work than 1373
is required to meet applicable codes or industry standards. Fees 1374
for make-ready work may not include costs related to preexisting 1375
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damage or prior noncompliance. Fees for make -ready work, 1376
including any pole replacement, may not exceed actual cos ts or 1377
the amount charged to communications services providers other 1378
than wireless services providers for similar work and may not 1379
include any consultant fee or expense. 1380
(g) For any applications filed before the effective date 1381
of ordinances implementing t his subsection, an authority may 1382
apply current ordinances relating to placement of communications 1383
facilities in the right -of-way related to registration, 1384
permitting, insurance coverage, indemnification, force majeure, 1385
abandonment, authority liability, or a uthority warranties. 1386
Permit application requirements and small wireless facility 1387
placement requirements, including utility pole height limits, 1388
that conflict with this subsection must be waived by the 1389
authority. An authority may not institute, either expres sly or 1390
de facto, a moratorium, zoning -in-progress, or other mechanism 1391
that would prohibit or delay the filing, receiving, or 1392
processing of registrations, applications, or issuing of permits 1393
or other approvals for the collocation of small wireless 1394
facilities or the installation, modification, or replacement of 1395
utility poles used to support the collocation of small wireless 1396
facilities. 1397
(h) Except as provided in this section or specifically 1398
required by state law, an authority may not adopt or enforce any 1399
regulation on the placement or operation of communications 1400
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facilities in the rights -of-way by a provider authorized by 1401
state law to operate in the rights -of-way and may not regulate 1402
any communications services or impose or collect any tax, fee, 1403
or charge not specifically authorized under state law. This 1404
paragraph does not alter any law regarding an authority's 1405
ability to regulate the relocation of facilities. 1406
(i)1. In an area where an authority has required all 1407
public utility lines in the rights -of-way to be placed 1408
underground, a wireless provider must comply with written, 1409
objective, reasonable, and nondiscriminatory requirements that 1410
prohibit new utility poles used to support small wireless 1411
facilities if: 1412
a. The authority, at least 90 days prior to the sub mission 1413
of an application, has required all public utility lines to be 1414
placed underground; 1415
b. Structures that the authority allows to remain above 1416
ground are reasonably available to wireless providers for the 1417
collocation of small wireless facilities and may be replaced by 1418
a wireless provider to accommodate the collocation of small 1419
wireless facilities; and 1420
c. A wireless provider may install a new utility pole in 1421
the designated area in the right -of-way that otherwise complies 1422
with this subsection and it i s not reasonably able to provide 1423
wireless service by collocating on a remaining utility pole or 1424
other structure in the right -of-way. 1425
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2. For small wireless facilities installed before an 1426
authority adopts requirements that public utility lines be 1427
placed underground, an authority adopting such requirements 1428
must: 1429
a. Allow a wireless provider to maintain the small 1430
wireless facilities in place subject to any applicable pole 1431
attachment agreement with the pole owner; or 1432
b. Allow the wireless provider to repla ce the associated 1433
pole within 50 feet of the prior location in accordance with 1434
paragraph (r). 1435
(j) A wireless infrastructure provider may apply to an 1436
authority to place utility poles in the public rights -of-way to 1437
support the collocation of small wireless facilities. The 1438
application must include an attestation that small wireless 1439
facilities will be collocated on the utility pole or structure 1440
and will be used by a wireless services provider to provide 1441
service within 9 months after the date the application i s 1442
approved. The authority shall accept and process the application 1443
in accordance with subparagraph (d)6. and any applicable codes 1444
and other local codes governing the placement of utility poles 1445
in the public rights -of-way. 1446
(k) This subsection does not lim it a local government's 1447
authority to enforce historic preservation zoning regulations 1448
consistent with the preservation of local zoning authority under 1449
47 U.S.C. s. 332(c)(7), the requirements for facility 1450
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modifications under 47 U.S.C. s. 1455(a), or the Na tional 1451
Historic Preservation Act of 1966, as amended, and the 1452
regulations adopted to implement such laws. An authority may 1453
enforce local codes, administrative rules, or regulations 1454
adopted by ordinance in effect on April 1, 2017, which are 1455
applicable to a historic area designated by the state or 1456
authority. An authority may enforce pending local ordinances, 1457
administrative rules, or regulations applicable to a historic 1458
area designated by the state if the intent to adopt such changes 1459
has been publicly declared on or before April 1, 2017. An 1460
authority may waive any ordinances or other requirements that 1461
are subject to this paragraph. 1462
(l) This subsection does not authorize a person to 1463
collocate or attach wireless facilities, including any antenna, 1464
micro wireless facility, or small wireless facility, on a 1465
privately owned utility pole, a utility pole owned by an 1466
electric cooperative or a municipal electric utility, a 1467
privately owned wireless support structure, or other private 1468
property without the consent of the pr operty owner. 1469
(m) The approval of the installation, placement, 1470
maintenance, or operation of a small wireless facility pursuant 1471
to this subsection does not authorize the provision of any 1472
voice, data, or video communications services or the 1473
installation, placement, maintenance, or operation of any 1474
communications facilities other than small wireless facilities 1475
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in the right-of-way. 1476
(n) This subsection does not affect provisions relating to 1477
pass-through providers in subsection (6). 1478
(o) This subsection does not authorize a person to 1479
collocate or attach small wireless facilities or micro wireless 1480
facilities on a utility pole, unless otherwise permitted by 1481
federal law, or erect a wireless support structure in the right -1482
of-way located within a retirement commun ity that: 1483
1. Is deed restricted as housing for older persons as 1484
defined in s. 760.29(4)(b); 1485
2. Has more than 5,000 residents; and 1486
3. Has underground utilities for electric transmission or 1487
distribution. 1488
1489
This paragraph does not apply to the installati on, placement, 1490
maintenance, or replacement of micro wireless facilities on any 1491
existing and duly authorized aerial communications facilities, 1492
provided that once aerial facilities are converted to 1493
underground facilities, any such collocation or construction 1494
shall be only as provided by the municipality's underground 1495
utilities ordinance. 1496
(p) This subsection does not authorize a person to 1497
collocate or attach small wireless facilities or micro wireless 1498
facilities on a utility pole, unless otherwise permitted by 1499
federal law, or erect a wireless support structure in the right -1500
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of-way located within a municipality that: 1501
1. Is located on a coastal barrier island as defined in s. 1502
161.053(1)(b)3.; 1503
2. Has a land area of less than 5 square miles; 1504
3. Has fewer than 10,000 residents; and 1505
4. Has, before July 1, 2017, received referendum approval 1506
to issue debt to finance municipal -wide undergrounding of its 1507
utilities for electric transmission or distribution. 1508
1509
This paragraph does not apply to the installation, pl acement, 1510
maintenance, or replacement of micro wireless facilities on any 1511
existing and duly authorized aerial communications facilities, 1512
provided that once aerial facilities are converted to 1513
underground facilities, any such collocation or construction 1514
shall be only as provided by the municipality's underground 1515
utilities ordinance. 1516
(q) This subsection does not authorize a person to 1517
collocate small wireless facilities or micro wireless facilities 1518
on an authority utility pole or erect a wireless support 1519
structure in a location subject to covenants, conditions, 1520
restrictions, articles of incorporation, and bylaws of a 1521
homeowners' association. This paragraph does not apply to the 1522
installation, placement, maintenance, or replacement of micro 1523
wireless facilities on any existing and duly authorized aerial 1524
communications facilities. 1525
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(r) An authority may require wireless providers to comply 1526
with objective design standards adopted by ordinance. The 1527
ordinance may only require: 1528
1. A new utility pole that replaces an e xisting utility 1529
pole to be of substantially similar design, material, and color; 1530
2. Reasonable spacing requirements concerning the location 1531
of a ground-mounted component of a small wireless facility which 1532
does not exceed 15 feet from the associated suppo rt structure; 1533
or 1534
3. A small wireless facility to meet reasonable location 1535
context, color, camouflage, and concealment requirements, 1536
subject to the limitations in this subsection; and 1537
4. A new utility pole used to support a small wireless 1538
facility to meet reasonable location context, color, and 1539
material of the predominant utility pole type at the proposed 1540
location of the new utility pole. 1541
1542
Such design standards under this paragraph may be waived by the 1543
authority upon a showing that the design standards a re not 1544
reasonably compatible for the particular location of a small 1545
wireless facility or utility pole or are technically infeasible 1546
or that the design standards impose an excessive expense. The 1547
waiver must be granted or denied within 45 days after the date 1548
of the request. 1549
(8)(a) Any person aggrieved by a violation of this section 1550
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may bring a civil action in a United States District Court or in 1551
any other court of competent jurisdiction. 1552
(b) The court may: 1553
1. Grant temporary or permanent injunctions on terms as it 1554
may deem reasonable to prevent or restrain violations of this 1555
section; and 1556
2. Direct the recovery of full costs, including awarding 1557
reasonable attorney fees, to the party who prevails. 1558
(9) All work in the authority's rights -of-way under this 1559
section must comply with the 2017 edition of the Florida 1560
Department of Transportation Utility Accommodation Manual. 1561
Section 23. Paragraphs (a) through (e) and paragraphs (k) 1562
and (l) of subsection (2) and subsections (4) and (6) of section 1563
350.81, Florida Statutes, are amended to read: 1564
350.81 Communications services offered by governmental 1565
entities.— 1566
(2)(a) A governmental entity that proposes to provide a 1567
communications service shall hold no less than two public 1568
hearings., which shall be held not l ess than 30 days apart. At 1569
least 30 days before the first of the two public hearings, The 1570
governmental entity must give notice of the hearing in the 1571
predominant newspaper of general circulation in the area 1572
considered for service. At least 40 days before th e first public 1573
hearing, the governmental entity must electronically provide 1574
notice to the Department of Revenue and the Public Service 1575
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Commission, which shall post the notice on the department's and 1576
the commission's website to be available to the public. The 1577
Department of Revenue shall also send the notice by United 1578
States Postal Service to the known addresses for all dealers of 1579
communications services registered with the department under 1580
chapter 202 or provide an electronic notification, if the means 1581
are available, within 10 days after receiving the notice. The 1582
notice must include the time and place of the hearings and must 1583
state that the purpose of the hearings is to consider whether 1584
the governmental entity will provide communications services. 1585
The notice must include, at a minimum, the geographic areas 1586
proposed to be served by the governmental entity and the 1587
services, if any, which the governmental entity believes are not 1588
currently being adequately provided . The notice must also state 1589
that any dealer who w ishes to do so may appear and be heard at 1590
the public hearings. 1591
(b) At a public hearing required by this subsection, a 1592
governmental entity must, at a minimum, consider: 1593
1. Whether the service that is proposed to be provided is 1594
currently being offered in the community and, if so, whether the 1595
service is generally available throughout the community. 1596
2. Whether a similar service is currently being offered in 1597
the community and, if so, whether the service is generally 1598
available throughout the community. 1599
2.3. If the same or similar service is not currently 1600
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offered, whether any other service provider proposes to offer 1601
the same or a similar service and, if so, what assurances that 1602
service provider is willing or able to offer regarding the same 1603
or similar service. 1604
3.4. The capital investment required by the government 1605
entity to provide the communications service, the estimated 1606
realistic cost of operation and maintenance and, using a full 1607
cost-accounting method, the estimated realistic revenues and 1608
expenses of providing the service and the proposed method of 1609
financing. 1610
4.5. The private and public costs and benefits of 1611
providing the service by a private entity or a governmental 1612
entity, including the affect on existing and future jobs, actual 1613
economic development prospects, tax -base growth, education, and 1614
public health. 1615
(c) At one or more of the public hearings under this 1616
subsection, the governmental entity must make available to the 1617
public a written business plan for the proposed communications 1618
service venture. containing, at a minimum: 1619
1. The projected number of subscribers to be served by the 1620
venture. 1621
2. The geographic area to be served by the venture. 1622
3. The types of communications services to be provided. 1623
4. A plan to ensure that revenues exceed operating 1624
expenses and payment of principal and interest on debt within 4 1625
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years. 1626
5. Estimated capital and operational costs and revenues 1627
for the first 4 years. 1628
6. Projected network modernization and technologic al 1629
upgrade plans, including estimated costs. 1630
(d) After making specific findings regarding the factors 1631
in paragraphs (b) and (c), The governmental entity may authorize 1632
providing a communications service by a majority recorded vote 1633
and by resolution, ordin ance, or other formal means of adoption. 1634
(e)1. The governing body of a governmental entity may 1635
issue one or more bonds to finance the capital costs for 1636
facilities to provide a communications service. However: 1637
1. A governmental entity may only pledge re venues in 1638
support of the issuance of any bond to finance providing a 1639
communications service: 1640
a. Within the county in which the governmental entity is 1641
located; 1642
b. Within an area in which the governmental entity 1643
provides electric service outside its home county under an 1644
electric service territorial agreement approved by the Public 1645
Service Commission before the effective date of this act; or 1646
c. If the governmental entity is a municipality or special 1647
district, within its corporate limits or in an area in which the 1648
municipality or special district provides water, wastewater, 1649
electric, or natural gas service, or within an urban service 1650
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area designated in a comprehensive plan, whichever is larger, 1651
unless the municipality or special district obtains the consen t 1652
by formal action of the governmental entity within the 1653
boundaries of which the municipality or special district 1654
proposes to provide service. For consent to be effective, any 1655
governmental entity from which consent is sought shall be 1656
located within the cou nty in which the governmental entity is 1657
located or that county. 1658
2. Revenue bonds issued in order to finance providing a 1659
communications service are not subject to the approval of the 1660
electors if the revenue bonds mature within 15 years. Revenue 1661
bonds issued to finance providing a communications service that 1662
does not mature within 15 years must be approved by the 1663
electors. The election must be conducted as specified in chapter 1664
100. 1665
(k) The governmental entity shall conduct an annual review 1666
at a formal public meeting to consider the progress the 1667
governmental entity is making toward reaching its business plan 1668
goals and objectives for providing communication services. At 1669
the public meeting the governmental entity shall review the 1670
related revenues, operating e xpenses, and payment of interest on 1671
debt. 1672
(l) If, after 4 years following the initiation of the 1673
provision of communications services by a governmental entity or 1674
4 years after the effective date of this act, whichever is 1675
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later, revenues do not exceed oper ating expenses and payment of 1676
principal and interest on the debt for a governmental entity's 1677
provision of communications services, no later than 60 days 1678
following the end of the 4 -year period a governmental entity 1679
shall hold a public hearing at which the g overnmental entity 1680
shall do at least one of the following: 1681
1. Approve a plan to cease providing communications 1682
services; 1683
2. Approve a plan to dispose of the system the 1684
governmental entity is using to provide communications services 1685
and, accordingly, to cease providing communications services; 1686
3. Approve a plan to create a partnership with a private 1687
entity in order to achieve operations in which revenues exceed 1688
operating expenses and payment of principal and interest on 1689
debt; or 1690
4. Approve the contin uing provision of communications 1691
services by a majority vote of the governing body of the 1692
governing authority. 1693
(4)(a) If a governmental entity was providing, as of April 1694
1, 2005, advanced services, cable services, or 1695
telecommunications services, then it is not required to comply 1696
with paragraph (2)(a), paragraph (2)(b), paragraph (2)(c), 1697
paragraph (2)(d), sub -subparagraph (2)(e)1.c., paragraph (2)(f), 1698
or paragraph (2)(k) in order to continue to provide advanced 1699
services, cable services, or telecommunicatio ns services, 1700
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respectively, but it must comply with and be subject to all 1701
other provisions of this section. 1702
(b) If a governmental entity, as of April 1, 2005, had 1703
issued debt pledging revenues from an advanced service, cable 1704
service, or telecommunications service, then it is not required 1705
to comply with paragraph (2)(a), paragraph (2)(b), paragraph 1706
(2)(c), paragraph (2)(d), sub -subparagraph (2)(e)1.c., paragraph 1707
(2)(f), or paragraph (2)(k) in order to provide advanced 1708
services, cable services, or telecommun ications services, 1709
respectively, but it must comply with and be subject to all 1710
other provisions of this section. 1711
(c) If a governmental entity, as of April 1, 2005, has 1712
purchased equipment specifically for the provisioning of 1713
advanced service, cable servi ce, or telecommunication service, 1714
and, as of May 6, 2005, has a population of less than 7,500, and 1715
has authorized by formal action the providing of an advanced 1716
service, cable service, or telecommunication service, then it is 1717
not required to comply with par agraph (2)(a), paragraph (2)(b), 1718
paragraph (2)(c), paragraph (2)(d), sub -subparagraph (2)(e)1.c., 1719
paragraph (2)(f), or paragraph (2)(k) in order to provide 1720
advanced service, cable service, or telecommunication service, 1721
respectively, but it must comply with and be subject to all 1722
other provisions of this section. 1723
1724
This subsection does not relieve a governmental entity from 1725
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complying with subsection (5). 1726
(6) To ensure the safe and secure transportation of 1727
passengers and freight through an airport facility, a s defined 1728
in s. 159.27(17), an airport authority or other governmental 1729
entity that provides or is proposing to provide communications 1730
services only within the boundaries of its airport layout plan, 1731
as defined in s. 333.01(6), to subscribers which are integral 1732
and essential to the safe and secure transportation of 1733
passengers and freight through the airport facility, is exempt 1734
from this section. An airport authority or other governmental 1735
entity that provides or is proposing to provide shared -tenant 1736
service under s. 364.339, but not dial tone enabling subscribers 1737
to complete calls outside the airport layout plan, to one or 1738
more subscribers within its airport layout plan which are not 1739
integral and essential to the safe and secure transportation of 1740
passengers and freight through the airport facility is exempt 1741
from this section. An airport authority or other governmental 1742
entity that provides or is proposing to provide communications 1743
services to one or more subscribers within its airport layout 1744
plan which are not in tegral and essential to the safe and secure 1745
transportation of passengers and freight through the airport 1746
facility, or to one or more subscribers outside its airport 1747
layout plan, is not exempt from this section. By way of example 1748
and not limitation, the int egral, essential subscribers may 1749
include airlines and emergency service entities, and the 1750
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nonintegral, nonessential subscribers may include retail shops, 1751
restaurants, hotels, or rental car companies. 1752
Section 24. Section 366.032, Florida Statutes, is 1753
repealed. 1754
Section 25. Section 377.707, Florida Statutes, is 1755
repealed. 1756
Section 26. Subsection (9) of section 403.412, Florida 1757
Statutes, is amended to read: 1758
403.412 Environmental Protection Act. — 1759
(9)(a) A local government regulation, ordinance, cod e, 1760
rule, comprehensive plan, charter, or any other provision of law 1761
may not recognize or grant any legal rights to a plant, an 1762
animal, a body of water, or any other part of the natural 1763
environment that is not a person or political subdivision as 1764
defined in s. 1.01(8) or grant such person or political 1765
subdivision any specific rights relating to the natural 1766
environment not otherwise authorized in general law or 1767
specifically granted in the State Constitution. 1768
(b) This subsection does not limit the power of an 1769
adversely affected party to challenge the consistency of a 1770
development order with a comprehensive plan as provided in s. 1771
163.3215 or to file an action for injunctive relief to enforce 1772
the terms of a development agreement or challenge compliance of 1773
the agreement as provided in s. 163.3243. 1774
(c) This subsection does not limit the standing of the 1775
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Department of Legal Affairs, a political subdivision or 1776
municipality of the state, or a citizen of the state to maintain 1777
an action for injunctive relief as provid ed in this section. 1778
Section 27. Section 403.7033, Florida Statutes, is amended 1779
to read: 1780
403.7033 Departmental analysis of particular recyclable 1781
materials.—The Legislature finds that prudent regulation of 1782
recyclable materials is crucial to the ongoing welfare of 1783
Florida's ecology and economy. As such, the Department of 1784
Environmental Protection shall review and update its 2010 report 1785
on retail bags analyzing the need for new or different 1786
regulation of auxiliary containers, wrappings, or disposable 1787
plastic bags used by consumers to carry products from retail 1788
establishments. The updated report must include input from state 1789
and local government agencies, stakeholders, private businesses, 1790
and citizens and must evaluate the efficacy and necessity of 1791
both statewide and local regulation of these materials. To 1792
ensure consistent and effective implementation, the department 1793
shall submit the updated report with conclusions and 1794
recommendations to the Legislature no later than December 31, 1795
2021. Until such time that t he Legislature adopts the 1796
recommendations of the department, a local government, local 1797
governmental agency, or state governmental agency may not enact 1798
any rule, regulation, or ordinance regarding use, disposition, 1799
sale, prohibition, restriction, or tax of such auxiliary 1800
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containers, wrappings, or disposable plastic bags. 1801
Section 28. Paragraph (a) of subsection (4) of section 1802
489.117, Florida Statutes, is amended to read: 1803
489.117 Registration; specialty contractors. — 1804
(4)(a) A person whose job scope do es not substantially 1805
correspond to either the job scope of one of the contractor 1806
categories defined in s. 489.105(3)(a) -(o), or the job scope of 1807
one of the certified specialty contractor categories established 1808
by board rule, is not required to register wit h the board. A 1809
local government, as defined in s. 163.211, may not require a 1810
person to obtain a license for a job scope which does not 1811
substantially correspond to the job scope of one of the 1812
contractor categories defined in s. 489.105(3)(a) -(o) and (q) or 1813
authorized in s. 489.1455(1). For purposes of this section, job 1814
scopes for which a local government may not require a license 1815
include, but are not limited to, painting; flooring; cabinetry; 1816
interior remodeling; driveway or tennis court installation; 1817
handyman services; decorative stone, tile, marble, granite, or 1818
terrazzo installation; plastering; stuccoing; caulking; and 1819
canvas awning and ornamental iron installation. 1820
Section 29. Subsection (1) of section 489.1455, Florida 1821
Statutes, is amended to read: 1822
489.1455 Journeyman; reciprocity; standards. — 1823
(1) Counties and municipalities are authorized to issue 1824
journeyman licenses in the plumbing, pipe fitting, mechanical, 1825
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or HVAC trades. 1826
Section 30. Subsection (1) of section 489.5335, Florida 1827
Statutes, is amended to read: 1828
489.5335 Journeyman; reciprocity; standards. — 1829
(1) Counties and municipalities are authorized to issue 1830
journeyman licenses in the electrical and alarm system trades. 1831
Section 31. Subsection (7) of section 499.002, Florida 1832
Statutes, is amended to read: 1833
499.002 Purpose, administration, and enforcement of and 1834
exemption from this part. — 1835
(7) Notwithstanding any other law or local ordinance or 1836
regulation to the contrary, the regulation of over -the-counter 1837
proprietary drugs and cosmetic s is expressly preempted to the 1838
state. 1839
Section 32. Section 500.90, Florida Statutes, is repealed. 1840
Section 33. Subsection (4) of section 790.251, Florida 1841
Statutes, is amended to read: 1842
790.251 Protection of the right to keep and bear arms in 1843
motor vehicles for self-defense and other lawful purposes; 1844
prohibited acts; duty of public and private employers; immunity 1845
from liability; enforcement. — 1846
(4) PROHIBITED ACTS. —No public or private employer may 1847
violate the constitutional rights of any customer, e mployee, or 1848
invitee as provided in paragraphs (a) -(e): 1849
(a) No public or private employer may prohibit any 1850
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customer, employee, or invitee from possessing any legally owned 1851
firearm when such firearm is lawfully possessed and locked 1852
inside or locked to a pr ivate motor vehicle in a parking lot and 1853
when the customer, employee, or invitee is lawfully in such 1854
area. 1855
(b) No public or private employer may violate the privacy 1856
rights of a customer, employee, or invitee by verbal or written 1857
inquiry regarding the pre sence of a firearm inside or locked to 1858
a private motor vehicle in a parking lot or by an actual search 1859
of a private motor vehicle in a parking lot to ascertain the 1860
presence of a firearm within the vehicle. Further, no public or 1861
private employer may take an y action against a customer, 1862
employee, or invitee based upon verbal or written statements of 1863
any party concerning possession of a firearm stored inside a 1864
private motor vehicle in a parking lot for lawful purposes. A 1865
search of a private motor vehicle in the parking lot of a public 1866
or private employer to ascertain the presence of a firearm 1867
within the vehicle may only be conducted by on -duty law 1868
enforcement personnel, based upon due process and must comply 1869
with constitutional protections. 1870
(c) No public or pr ivate employer shall condition 1871
employment upon either: 1872
1. The fact that an employee or prospective employee holds 1873
or does not hold a license issued pursuant to s. 790.06; or 1874
2. Any agreement by an employee or a prospective employee 1875
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that prohibits an em ployee from keeping a legal firearm locked 1876
inside or locked to a private motor vehicle in a parking lot 1877
when such firearm is kept for lawful purposes. 1878
(d) No public or private employer shall prohibit or 1879
attempt to prevent any customer, employee, or invit ee from 1880
entering the parking lot of the employer's place of business 1881
because the customer's, employee's, or invitee's private motor 1882
vehicle contains a legal firearm being carried for lawful 1883
purposes, that is out of sight within the customer's, 1884
employee's, or invitee's private motor vehicle. 1885
(e) No public or private employer may terminate the 1886
employment of or otherwise discriminate against an employee, or 1887
expel a customer or invitee for exercising his or her 1888
constitutional right to keep and bear arms or fo r exercising the 1889
right of self-defense as long as a firearm is never exhibited on 1890
company property for any reason other than lawful defensive 1891
purposes. 1892
1893
This subsection applies to all public sector employers , 1894
including those already prohibited from regulat ing firearms 1895
under the provisions of s. 790.33 . 1896
Section 34. Section 569.0025, Florida Statutes, is 1897
repealed. 1898
Section 35. Section 569.315, Florida Statutes, is 1899
repealed. 1900
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Section 36. Section 790.33, Florida Statutes, is repealed. 1901
Section 37. Subsection (41) of section 570.07, Florida 1902
Statutes, is amended to read: 1903
570.07 Department of Agriculture and Consumer Services; 1904
functions, powers, and duties. —The department shall have and 1905
exercise the following functions, powers, and duties: 1906
(41)(a) Except as otherwise provided in paragraph (b), to 1907
exercise the exclusive authority to regulate the sale, 1908
composition, packaging, labeling, wholesale and retail 1909
distribution, and formulation, including nutrient content level 1910
and release rates, of fertilizer under chapter 576. This 1911
subsection expressly preempts such regulation of fertilizer to 1912
the state. 1913
(b) An ordinance regulating the sale of fertilizer adopted 1914
by a county or municipal government before July 1, 2011, is 1915
exempt from this subsection, and the county or municipal 1916
government may enforce such ordinance within its respective 1917
jurisdiction. 1918
Section 38. Chapter 908, Florida Statutes, consisting of 1919
ss. 908.101, 908.102, 908.103, 908.104, 908.105, 908.106, 1920
908.107, 908.108, and 908.109, is repealed . 1921
Section 39. This act shall take effect July 1, 2022. 1922