Florida Senate - 2022 SB 1752 By Senator Torres 15-01723-22 20221752__ 1 A bill to be entitled 2 An act relating to communications services; amending 3 s. 337.401, F.S.; removing certain communications 4 services lines as items over which certain 5 governmental entities are authorized to prescribe and 6 enforce reasonable rules and regulations; removing 7 time restrictions placed upon certain counties and 8 municipalities for processing certain permit 9 applications; removing provisions that specify 10 limitations and prohibitions on municipalities and 11 counties relating to registrations and renewals of 12 communications services providers; removing provisions 13 that authorize municipalities and counties to require 14 certain information as part of a registration; 15 removing provisions that prohibit municipalities and 16 counties from requiring a payment of fees, costs, or 17 charges for provider registration or renewal; removing 18 provisions that prohibit municipalities and counties 19 from adopting or enforcing certain ordinances, 20 regulations, or requirements; removing limitations on 21 municipal and county authority to regulate and manage 22 municipal and county roads or rights-of-way; removing 23 provisions that prohibit certain municipalities and 24 counties from imposing permit fees; removing 25 provisions that specify activities for which permit 26 fees may not be imposed; removing the requirement that 27 enforcement of certain ordinances must be suspended 28 until certain conditions are met; removing a condition 29 for certain in-kind compensation; revising items over 30 which municipalities and counties may exercise 31 regulatory control; removing provisions for 32 requirements relating to right-of-way permits; 33 removing provisions relating to municipal and county 34 authority over pass-through providers; deleting 35 references to, and administration and provisions of, 36 the Advanced Wireless Infrastructure Deployment Act; 37 removing a provision authorizing a civil action for 38 specified violations; removing certain actions a court 39 may take; removing provisions that require that work 40 in certain authority rights-of-way must comply with a 41 specified document; providing an effective date. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45 Section 1.Paragraph (a) of subsection (1), subsections (2) 46 and (3), paragraph (d) of subsection (6), and subsections (7), 47 (8), and (9) of section 337.401, Florida Statutes, are amended 48 to read: 49 337.401Use of right-of-way for utilities subject to 50 regulation; permit; fees. 51 (1)(a)The department and local governmental entities, 52 referred to in this section and in ss. 337.402, 337.403, and 53 337.404 as the authority, that have jurisdiction and control 54 of public roads or publicly owned rail corridors are authorized 55 to prescribe and enforce reasonable rules or regulations with 56 reference to the placing and maintaining across, on, or within 57 the right-of-way limits of any road or publicly owned rail 58 corridors under their respective jurisdictions any electric 59 transmission, voice, telegraph, data, or other communications 60 services lines or wireless facilities; pole lines; poles; 61 railways; ditches; sewers; water, heat, or gas mains; pipelines; 62 fences; gasoline tanks and pumps; or other structures referred 63 to in this section and in ss. 337.402, 337.403, and 337.404 as 64 the utility. The department may enter into a permit-delegation 65 agreement with a governmental entity if issuance of a permit is 66 based on requirements that the department finds will ensure the 67 safety and integrity of facilities of the Department of 68 Transportation; however, the permit-delegation agreement does 69 not apply to facilities of electric utilities as defined in s. 70 366.02(2). 71 (2)The authority may grant to any person who is a resident 72 of this state, or to any corporation which is organized under 73 the laws of this state or licensed to do business within this 74 state, the use of a right-of-way for the utility in accordance 75 with such rules or regulations as the authority may adopt. A 76 utility may not be installed, located, or relocated unless 77 authorized by a written permit issued by the authority. However, 78 for public roads or publicly owned rail corridors under the 79 jurisdiction of the department, a utility relocation schedule 80 and relocation agreement may be executed in lieu of a written 81 permit. The permit must require the permitholder to be 82 responsible for any damage resulting from the issuance of such 83 permit. The authority may initiate injunctive proceedings as 84 provided in s. 120.69 to enforce provisions of this subsection 85 or any rule or order issued or entered into pursuant thereto. A 86 permit application required under this subsection by a county or 87 municipality having jurisdiction and control of the right-of-way 88 of any public road must be processed and acted upon in 89 accordance with the timeframes provided in subparagraphs 90 (7)(d)7., 8., and 9. 91 (3)(a)Because of the unique circumstances applicable to 92 providers of communications services, including, but not limited 93 to, the circumstances described in paragraph (e) and the fact 94 that federal and state law require the nondiscriminatory 95 treatment of providers of telecommunications services, and 96 because of the desire to promote competition among providers of 97 communications services, it is the intent of the Legislature 98 that municipalities and counties treat providers of 99 communications services in a nondiscriminatory and competitively 100 neutral manner when imposing rules or regulations governing the 101 placement or maintenance of communications facilities in the 102 public roads or rights-of-way. Rules or regulations imposed by a 103 municipality or county relating to providers of communications 104 services placing or maintaining communications facilities in its 105 roads or rights-of-way must be generally applicable to all 106 providers of communications services, taking into account the 107 distinct engineering, construction, operation, maintenance, 108 public works, and safety requirements of the providers 109 facilities, and, notwithstanding any other law, may not require 110 a provider of communications services to apply for or enter into 111 an individual license, franchise, or other agreement with the 112 municipality or county as a condition of placing or maintaining 113 communications facilities in its roads or rights-of-way. In 114 addition to other reasonable rules or regulations that a 115 municipality or county may adopt relating to the placement or 116 maintenance of communications facilities in its roads or rights 117 of-way under this subsection or subsection (7), a municipality 118 or county may require a provider of communications services that 119 places or seeks to place facilities in its roads or rights-of 120 way to register with the municipality or county. To register, a 121 provider of communications services may be required only to 122 provide its name; the name, address, and telephone number of a 123 contact person for the registrant; the number of the 124 registrants current certificate of authorization issued by the 125 Florida Public Service Commission, the Federal Communications 126 Commission, or the Department of State; a statement of whether 127 the registrant is a pass-through provider as defined in 128 subparagraph (6)(a)1.; the registrants federal employer 129 identification number; and any required proof of insurance or 130 self-insuring status adequate to defend and cover claims. A 131 municipality or county may not require a registrant to renew a 132 registration more frequently than every 5 years but may require 133 during this period that a registrant update the registration 134 information provided under this subsection within 90 days after 135 a change in such information. A municipality or county may not 136 require the registrant to provide an inventory of communications 137 facilities, maps, locations of such facilities, or other 138 information by a registrant as a condition of registration, 139 renewal, or for any other purpose; provided, however, that a 140 municipality or county may require as part of a permit 141 application that the applicant identify at-grade communications 142 facilities within 50 feet of the proposed installation location 143 for the placement of at-grade communications facilities. A 144 municipality or county may not require a provider to pay any 145 fee, cost, or other charge for registration or renewal thereof. 146 It is the intent of the Legislature that the placement, 147 operation, maintenance, upgrading, and extension of 148 communications facilities not be unreasonably interrupted or 149 delayed through the permitting or other local regulatory 150 process. Except as provided in this chapter or otherwise 151 expressly authorized by chapter 202, chapter 364, or chapter 152 610, a municipality or county may not adopt or enforce any 153 ordinance, regulation, or requirement as to the placement or 154 operation of communications facilities in a right-of-way by a 155 communications services provider authorized by state or local 156 law to operate in a right-of-way; regulate any communications 157 services; or impose or collect any tax, fee, cost, charge, or 158 exaction for the provision of communications services over the 159 communications services providers communications facilities in 160 a right-of-way. 161 (b)Registration described in paragraph (a) does not 162 establish a right to place or maintain, or priority for the 163 placement or maintenance of, a communications facility in roads 164 or rights-of-way of a municipality or county. Each municipality 165 and county retains the authority to regulate and manage 166 municipal and county roads or rights-of-way in exercising its 167 police power, subject to the limitations imposed in this section 168 and chapters 202 and 610. Any rules or regulations adopted by a 169 municipality or county which govern the occupation of its roads 170 or rights-of-way by providers of communications services must be 171 related to the placement or maintenance of facilities in such 172 roads or rights-of-way, must be reasonable and 173 nondiscriminatory, and may include only those matters necessary 174 to manage the roads or rights-of-way of the municipality or 175 county. 176 (c)Any municipality or county that, as of January 1, 2019, 177 elected to require permit fees from any provider of 178 communications services that uses or occupies municipal or 179 county roads or rights-of-way pursuant to former paragraph (c) 180 or former paragraph (j), Florida Statutes 2018, may continue to 181 require and collect such fees. A municipality or county that 182 elected as of January 1, 2019, to require permit fees may elect 183 to forego such fees as provided herein. A municipality or county 184 that elected as of January 1, 2019, not to require permit fees 185 may not elect to impose permit fees. All fees authorized under 186 this paragraph must be reasonable and commensurate with the 187 direct and actual cost of the regulatory activity, including 188 issuing and processing permits, plan reviews, physical 189 inspection, and direct administrative costs; must be 190 demonstrable; and must be equitable among users of the roads or 191 rights-of-way. A fee authorized under this paragraph may not be 192 offset against the tax imposed under chapter 202; include the 193 costs of roads or rights-of-way acquisition or roads or rights 194 of-way rental; include any general administrative, management, 195 or maintenance costs of the roads or rights-of-way; or be based 196 on a percentage of the value or costs associated with the work 197 to be performed on the roads or rights-of-way. In an action to 198 recover amounts due for a fee not authorized under this 199 paragraph, the prevailing party may recover court costs and 200 attorney fees at trial and on appeal. In addition to the 201 limitations set forth in this section, a fee levied by a 202 municipality or charter county under this paragraph may not 203 exceed $100. However, permit fees may not be imposed with 204 respect to permits that may be required for service drop lines 205 not required to be noticed under s. 556.108(5) or for any 206 activity that does not require the physical disturbance of the 207 roads or rights-of-way or does not impair access to or full use 208 of the roads or rights-of-way, including, but not limited to, 209 the performance of service restoration work on existing 210 facilities, extensions of such facilities for providing 211 communications services to customers, and the placement of micro 212 wireless facilities in accordance with subparagraph (7)(e)3. 213 1.If a municipality or charter county elects to not 214 require permit fees, the total rate for the local communications 215 services tax as computed under s. 202.20 for that municipality 216 or charter county may be increased by ordinance or resolution by 217 an amount not to exceed a rate of 0.12 percent. 218 2.If a noncharter county elects to not require permit 219 fees, the total rate for the local communications services tax 220 as computed under s. 202.20 for that noncharter county may be 221 increased by ordinance or resolution by an amount not to exceed 222 a rate of 0.24 percent, to replace the revenue the noncharter 223 county would otherwise have received from permit fees for 224 providers of communications services. 225 (d)In addition to any other notice requirements, a 226 municipality must provide to the Secretary of State, at least 10 227 days prior to consideration on first reading, notice of a 228 proposed ordinance governing a telecommunications company 229 placing or maintaining telecommunications facilities in its 230 roads or rights-of-way. In addition to any other notice 231 requirements, a county must provide to the Secretary of State, 232 at least 15 days prior to consideration at a public hearing, 233 notice of a proposed ordinance governing a telecommunications 234 company placing or maintaining telecommunications facilities in 235 its roads or rights-of-way. The notice required by this 236 paragraph must be published by the Secretary of State on a 237 designated Internet website. The failure of a municipality or 238 county to provide such notice does not render the ordinance 239 invalid, provided that enforcement of such ordinance must be 240 suspended until 30 days after the municipality or county 241 provides the required notice. 242 (e)The authority of municipalities and counties to require 243 franchise fees from providers of communications services, with 244 respect to the provision of communications services, is 245 specifically preempted by the state because of unique 246 circumstances applicable to providers of communications services 247 when compared to other utilities occupying municipal or county 248 roads or rights-of-way. Providers of communications services may 249 provide similar services in a manner that requires the placement 250 of facilities in municipal or county roads or rights-of-way or 251 in a manner that does not require the placement of facilities in 252 such roads or rights-of-way. Although similar communications 253 services may be provided by different means, the state desires 254 to treat providers of communications services in a 255 nondiscriminatory manner and to have the taxes, franchise fees, 256 and other fees, costs, and financial or regulatory exactions 257 paid by or imposed on providers of communications services be 258 competitively neutral. Municipalities and counties retain all 259 existing authority, if any, to collect franchise fees from users 260 or occupants of municipal or county roads or rights-of-way other 261 than providers of communications services, and the provisions of 262 this subsection shall have no effect upon this authority. The 263 provisions of this subsection do not restrict the authority, if 264 any, of municipalities or counties or other governmental 265 entities to receive reasonable rental fees based on fair market 266 value for the use of public lands and buildings on property 267 outside the public roads or rights-of-way for the placement of 268 communications antennas and towers. 269 (f)Except as expressly allowed or authorized by general 270 law and except for the rights-of-way permit fees subject to 271 paragraph (c), a municipality or county may not levy on a 272 provider of communications services a tax, fee, or other charge 273 or imposition for operating as a provider of communications 274 services within the jurisdiction of the municipality or county 275 which is in any way related to using its roads or rights-of-way. 276 A municipality or county may not require or solicit in-kind 277 compensation, except as otherwise provided in s. 202.24(2)(c)8., 278 provided that the in-kind compensation is not a franchise fee 279 under federal law. Nothing in this paragraph impairs the 280 authority of a municipality or county to request public, 281 educational, or governmental access channels pursuant to s. 282 610.109. Nothing in this paragraph shall impair any ordinance or 283 agreement in effect on May 22, 1998, or any voluntary agreement 284 entered into subsequent to that date, which provides for or 285 allows in-kind compensation by a telecommunications company. 286 (g)A municipality or county may not use its authority over 287 the placement of facilities in its roads and rights-of-way as a 288 basis for asserting or exercising regulatory control over a 289 provider of communications services regarding matters within the 290 exclusive jurisdiction of the Florida Public Service Commission 291 or the Federal Communications Commission, including, but not 292 limited to, the operations, systems, equipment, technology, 293 qualifications, services, service quality, service territory, 294 and prices of a provider of communications services. A 295 municipality or county may not require any permit for the 296 maintenance, repair, replacement, extension, or upgrade of 297 existing aerial wireline communications facilities on utility 298 poles or for aerial wireline facilities between existing 299 wireline communications facility attachments on utility poles by 300 a communications services provider. However, a municipality or 301 county may require a right-of-way permit for work that involves 302 excavation, closure of a sidewalk, or closure of a vehicular 303 lane or parking lane, unless the provider is performing service 304 restoration to existing facilities. A permit application 305 required by an authority under this section for the placement of 306 communications facilities must be processed and acted upon 307 consistent with the timeframes provided in subparagraphs 308 (7)(d)7., 8., and 9. In addition, a municipality or county may 309 not require any permit or other approval, fee, charge, or cost, 310 or other exaction for the maintenance, repair, replacement, 311 extension, or upgrade of existing aerial lines or underground 312 communications facilities located on private property outside of 313 the public rights-of-way. As used in this section, the term 314 extension of existing facilities includes those extensions 315 from the rights-of-way into a customers private property for 316 purposes of placing a service drop or those extensions from the 317 rights-of-way into a utility easement to provide service to a 318 discrete identifiable customer or group of customers. 319 (h)A provider of communications services that has obtained 320 permission to occupy the roads or rights-of-way of an 321 incorporated municipality pursuant to s. 362.01 or that is 322 otherwise lawfully occupying the roads or rights-of-way of a 323 municipality or county shall not be required to obtain consent 324 to continue such lawful occupation of those roads or rights-of 325 way; however, nothing in this paragraph shall be interpreted to 326 limit the power of a municipality or county to adopt or enforce 327 reasonable rules or regulations as provided in this section and 328 consistent with chapters 202, 364, and 610. Any such rules or 329 regulations must be in writing, and registered providers of 330 communications services in the municipality or county must be 331 given at least 60 days advance written notice of any changes to 332 the rules and regulations. 333 (i)Except as expressly provided in this section, this 334 section does not modify the authority of municipalities and 335 counties to levy the tax authorized in chapter 202 or the duties 336 of providers of communications services under ss. 337.402 337 337.404. This section does not apply to building permits, pole 338 attachments, or private roads, private easements, and private 339 rights-of-way. 340 (j)Notwithstanding the provisions of s. 202.19, when a 341 local communications services tax rate is changed as a result of 342 an election made or changed under this subsection, such rate may 343 not be rounded to tenths. 344 (6) 345 (d)The amounts charged pursuant to this subsection shall 346 be based on the linear miles of roads or rights-of-way where a 347 communications facility is placed, not based on a summation of 348 the lengths of individual cables, conduits, strands, or fibers. 349 The amounts referenced in this subsection may be charged only 350 once annually and only to one person annually for any 351 communications facility. A municipality or county shall 352 discontinue charging such amounts to a person that has ceased to 353 be a pass-through provider. Any annual amounts charged shall be 354 reduced for a prorated portion of any 12-month period during 355 which the person remits taxes imposed by the municipality or 356 county pursuant to chapter 202. Any excess amounts paid to a 357 municipality or county shall be refunded to the person upon 358 written notice of the excess to the municipality or county. A 359 municipality or county may require a pass-through provider to 360 provide an annual notarized statement identifying the total 361 number of linear miles of pass-through facilities in the 362 municipalitys or countys rights-of-way. Upon request from a 363 municipality or county, a pass-through provider must provide 364 reasonable access to maps of pass-through facilities located in 365 the rights-of-way of the municipality or county making the 366 request. The scope of the request must be limited to only those 367 maps of pass-through facilities from which the calculation of 368 the linear miles of pass-through facilities in the rights-of-way 369 can be determined. The request must be accompanied by an 370 affidavit that the person making the request is authorized by 371 the municipality or county to review tax information related to 372 the revenue and mileage calculations for pass-through providers. 373 A request may not be made more than once annually to a pass 374 through provider. 375 (7)(a)This subsection may be cited as the Advanced 376 Wireless Infrastructure Deployment Act. 377 (b)As used in this subsection, the term: 378 1.Antenna means communications equipment that transmits 379 or receives electromagnetic radio frequency signals used in 380 providing wireless services. 381 2.Applicable codes means uniform building, fire, 382 electrical, plumbing, or mechanical codes adopted by a 383 recognized national code organization or local amendments to 384 those codes enacted solely to address threats of destruction of 385 property or injury to persons, and includes the National 386 Electric Safety Code and the 2017 edition of the Florida 387 Department of Transportation Utility Accommodation Manual. 388 3.Applicant means a person who submits an application 389 and is a wireless provider. 390 4.Application means a request submitted by an applicant 391 to an authority for a permit to collocate small wireless 392 facilities or to place a new utility pole used to support a 393 small wireless facility. 394 5.Authority means a county or municipality having 395 jurisdiction and control of the rights-of-way of any public 396 road. The term does not include the Department of 397 Transportation. Rights-of-way under the jurisdiction and control 398 of the department are excluded from this subsection. 399 6.Authority utility pole means a utility pole owned by 400 an authority in the right-of-way. The term does not include a 401 utility pole owned by a municipal electric utility, a utility 402 pole used to support municipally owned or operated electric 403 distribution facilities, or a utility pole located in the right 404 of-way within: 405 a.A retirement community that: 406 (I)Is deed restricted as housing for older persons as 407 defined in s. 760.29(4)(b); 408 (II)Has more than 5,000 residents; and 409 (III)Has underground utilities for electric transmission 410 or distribution. 411 b.A municipality that: 412 (I)Is located on a coastal barrier island as defined in s. 413 161.053(1)(b)3.; 414 (II)Has a land area of less than 5 square miles; 415 (III)Has less than 10,000 residents; and 416 (IV)Has, before July 1, 2017, received referendum approval 417 to issue debt to finance municipal-wide undergrounding of its 418 utilities for electric transmission or distribution. 419 7.Collocate or collocation means to install, mount, 420 maintain, modify, operate, or replace one or more wireless 421 facilities on, under, within, or adjacent to a wireless support 422 structure or utility pole. The term does not include the 423 installation of a new utility pole or wireless support structure 424 in the public rights-of-way. 425 8.FCC means the Federal Communications Commission. 426 9.Micro wireless facility means a small wireless 427 facility having dimensions no larger than 24 inches in length, 428 15 inches in width, and 12 inches in height and an exterior 429 antenna, if any, no longer than 11 inches. 430 10.Small wireless facility means a wireless facility 431 that meets the following qualifications: 432 a.Each antenna associated with the facility is located 433 inside an enclosure of no more than 6 cubic feet in volume or, 434 in the case of antennas that have exposed elements, each antenna 435 and all of its exposed elements could fit within an enclosure of 436 no more than 6 cubic feet in volume; and 437 b.All other wireless equipment associated with the 438 facility is cumulatively no more than 28 cubic feet in volume. 439 The following types of associated ancillary equipment are not 440 included in the calculation of equipment volume: electric 441 meters, concealment elements, telecommunications demarcation 442 boxes, ground-based enclosures, grounding equipment, power 443 transfer switches, cutoff switches, vertical cable runs for the 444 connection of power and other services, and utility poles or 445 other support structures. 446 11.Utility pole means a pole or similar structure that 447 is used in whole or in part to provide communications services 448 or for electric distribution, lighting, traffic control, 449 signage, or a similar function. The term includes the vertical 450 support structure for traffic lights but does not include a 451 horizontal structure to which signal lights or other traffic 452 control devices are attached and does not include a pole or 453 similar structure 15 feet in height or less unless an authority 454 grants a waiver for such pole. 455 12.Wireless facility means equipment at a fixed location 456 which enables wireless communications between user equipment and 457 a communications network, including radio transceivers, 458 antennas, wires, coaxial or fiber-optic cable or other cables, 459 regular and backup power supplies, and comparable equipment, 460 regardless of technological configuration, and equipment 461 associated with wireless communications. The term includes small 462 wireless facilities. The term does not include: 463 a.The structure or improvements on, under, within, or 464 adjacent to the structure on which the equipment is collocated; 465 b.Wireline backhaul facilities; or 466 c.Coaxial or fiber-optic cable that is between wireless 467 structures or utility poles or that is otherwise not immediately 468 adjacent to or directly associated with a particular antenna. 469 13.Wireless infrastructure provider means a person who 470 has been certificated under chapter 364 to provide 471 telecommunications service or under chapter 610 to provide cable 472 or video services in this state, or that persons affiliate, and 473 who builds or installs wireless communication transmission 474 equipment, wireless facilities, or wireless support structures 475 but is not a wireless services provider. 476 14.Wireless provider means a wireless infrastructure 477 provider or a wireless services provider. 478 15.Wireless services means any services provided using 479 licensed or unlicensed spectrum, whether at a fixed location or 480 mobile, using wireless facilities. 481 16.Wireless services provider means a person who 482 provides wireless services. 483 17.Wireless support structure means a freestanding 484 structure, such as a monopole, a guyed or self-supporting tower, 485 or another existing or proposed structure designed to support or 486 capable of supporting wireless facilities. The term does not 487 include a utility pole, pedestal, or other support structure for 488 ground-based equipment not mounted on a utility pole and less 489 than 5 feet in height. 490 (c)Except as provided in this subsection, an authority may 491 not prohibit, regulate, or charge for the collocation of small 492 wireless facilities in the public rights-of-way or for the 493 installation, maintenance, modification, operation, or 494 replacement of utility poles used for the collocation of small 495 wireless facilities in the public rights-of-way. 496 (d)An authority may require a registration process and 497 permit fees in accordance with subsection (3). An authority 498 shall accept applications for permits and shall process and 499 issue permits subject to the following requirements: 500 1.An authority may not directly or indirectly require an 501 applicant to perform services unrelated to the collocation for 502 which approval is sought, such as in-kind contributions to the 503 authority, including reserving fiber, conduit, or pole space for 504 the authority. 505 2.An applicant may not be required to provide more 506 information to obtain a permit than is necessary to demonstrate 507 the applicants compliance with applicable codes for the 508 placement of small wireless facilities in the locations 509 identified in the application. An applicant may not be required 510 to provide inventories, maps, or locations of communications 511 facilities in the right-of-way other than as necessary to avoid 512 interference with other at-grade or aerial facilities located at 513 the specific location proposed for a small wireless facility or 514 within 50 feet of such location. 515 3.An authority may not: 516 a.Require the placement of small wireless facilities on 517 any specific utility pole or category of poles; 518 b.Require the placement of multiple antenna systems on a 519 single utility pole; 520 c.Require a demonstration that collocation of a small 521 wireless facility on an existing structure is not legally or 522 technically possible as a condition for granting a permit for 523 the collocation of a small wireless facility on a new utility 524 pole except as provided in paragraph (i); 525 d.Require compliance with an authoritys provisions 526 regarding placement of small wireless facilities or a new 527 utility pole used to support a small wireless facility in 528 rights-of-way under the control of the department unless the 529 authority has received a delegation from the department for the 530 location of the small wireless facility or utility pole, or 531 require such compliance as a condition to receive a permit that 532 is ancillary to the permit for collocation of a small wireless 533 facility, including an electrical permit; 534 e.Require a meeting before filing an application; 535 f.Require direct or indirect public notification or a 536 public meeting for the placement of communication facilities in 537 the right-of-way; 538 g.Limit the size or configuration of a small wireless 539 facility or any of its components, if the small wireless 540 facility complies with the size limits in this subsection; 541 h.Prohibit the installation of a new utility pole used to 542 support the collocation of a small wireless facility if the 543 installation otherwise meets the requirements of this 544 subsection; or 545 i.Require that any component of a small wireless facility 546 be placed underground except as provided in paragraph (i). 547 4.Subject to paragraph (r), an authority may not limit the 548 placement, by minimum separation distances, of small wireless 549 facilities, utility poles on which small wireless facilities are 550 or will be collocated, or other at-grade communications 551 facilities. However, within 14 days after the date of filing the 552 application, an authority may request that the proposed location 553 of a small wireless facility be moved to another location in the 554 right-of-way and placed on an alternative authority utility pole 555 or support structure or placed on a new utility pole. The 556 authority and the applicant may negotiate the alternative 557 location, including any objective design standards and 558 reasonable spacing requirements for ground-based equipment, for 559 30 days after the date of the request. At the conclusion of the 560 negotiation period, if the alternative location is accepted by 561 the applicant, the applicant must notify the authority of such 562 acceptance and the application shall be deemed granted for any 563 new location for which there is agreement and all other 564 locations in the application. If an agreement is not reached, 565 the applicant must notify the authority of such nonagreement and 566 the authority must grant or deny the original application within 567 90 days after the date the application was filed. A request for 568 an alternative location, an acceptance of an alternative 569 location, or a rejection of an alternative location must be in 570 writing and provided by electronic mail. 571 5.An authority shall limit the height of a small wireless 572 facility to 10 feet above the utility pole or structure upon 573 which the small wireless facility is to be collocated. Unless 574 waived by an authority, the height for a new utility pole is 575 limited to the tallest existing utility pole as of July 1, 2017, 576 located in the same right-of-way, other than a utility pole for 577 which a waiver has previously been granted, measured from grade 578 in place within 500 feet of the proposed location of the small 579 wireless facility. If there is no utility pole within 500 feet, 580 the authority shall limit the height of the utility pole to 50 581 feet. 582 6.The installation by a communications services provider 583 of a utility pole in the public rights-of-way, other than a 584 utility pole used to support a small wireless facility, is 585 subject to authority rules or regulations governing the 586 placement of utility poles in the public rights-of-way. 587 7.Within 14 days after receiving an application, an 588 authority must determine and notify the applicant by electronic 589 mail as to whether the application is complete. If an 590 application is deemed incomplete, the authority must 591 specifically identify the missing information. An application is 592 deemed complete if the authority fails to provide notification 593 to the applicant within 14 days. 594 8.An application must be processed on a nondiscriminatory 595 basis. A complete application is deemed approved if an authority 596 fails to approve or deny the application within 60 days after 597 receipt of the application. If an authority does not use the 30 598 day negotiation period provided in subparagraph 4., the parties 599 may mutually agree to extend the 60-day application review 600 period. The authority shall grant or deny the application at the 601 end of the extended period. A permit issued pursuant to an 602 approved application shall remain effective for 1 year unless 603 extended by the authority. 604 9.An authority must notify the applicant of approval or 605 denial by electronic mail. An authority shall approve a complete 606 application unless it does not meet the authoritys applicable 607 codes. If the application is denied, the authority must specify 608 in writing the basis for denial, including the specific code 609 provisions on which the denial was based, and send the 610 documentation to the applicant by electronic mail on the day the 611 authority denies the application. The applicant may cure the 612 deficiencies identified by the authority and resubmit the 613 application within 30 days after notice of the denial is sent to 614 the applicant. The authority shall approve or deny the revised 615 application within 30 days after receipt or the application is 616 deemed approved. The review of a revised application is limited 617 to the deficiencies cited in the denial. If an authority 618 provides for administrative review of the denial of an 619 application, the review must be complete and a written decision 620 issued within 45 days after a written request for review is 621 made. A denial must identify the specific code provisions on 622 which the denial is based. If the administrative review is not 623 complete within 45 days, the authority waives any claim 624 regarding failure to exhaust administrative remedies in any 625 judicial review of the denial of an application. 626 10.An applicant seeking to collocate small wireless 627 facilities within the jurisdiction of a single authority may, at 628 the applicants discretion, file a consolidated application and 629 receive a single permit for the collocation of up to 30 small 630 wireless facilities. If the application includes multiple small 631 wireless facilities, an authority may separately address small 632 wireless facility collocations for which incomplete information 633 has been received or which are denied. 634 11.An authority may deny an application to collocate a 635 small wireless facility or place a utility pole used to support 636 a small wireless facility in the public rights-of-way if the 637 proposed small wireless facility or utility pole used to support 638 a small wireless facility: 639 a.Materially interferes with the safe operation of traffic 640 control equipment. 641 b.Materially interferes with sight lines or clear zones 642 for transportation, pedestrians, or public safety purposes. 643 c.Materially interferes with compliance with the Americans 644 with Disabilities Act or similar federal or state standards 645 regarding pedestrian access or movement. 646 d.Materially fails to comply with the 2017 edition of the 647 Florida Department of Transportation Utility Accommodation 648 Manual. 649 e.Fails to comply with applicable codes. 650 f.Fails to comply with objective design standards 651 authorized under paragraph (r). 652 12.An authority may adopt by ordinance provisions for 653 insurance coverage, indemnification, force majeure, abandonment, 654 authority liability, or authority warranties. Such provisions 655 must be reasonable and nondiscriminatory. An authority may 656 require a construction bond to secure restoration of the 657 postconstruction rights-of-way to the preconstruction condition. 658 However, such bond must be time-limited to not more than 18 659 months after the construction to which the bond applies is 660 completed. For any financial obligation required by an authority 661 allowed under this section, the authority shall accept a letter 662 of credit or similar financial instrument issued by any 663 financial institution that is authorized to do business within 664 the United States, provided that a claim against the financial 665 instrument may be made by electronic means, including by 666 facsimile. A provider of communications services may add an 667 authority to any existing bond, insurance policy, or other 668 relevant financial instrument, and the authority must accept 669 such proof of coverage without any conditions other than consent 670 to venue for purposes of any litigation to which the authority 671 is a party. An authority may not require a communications 672 services provider to indemnify it for liabilities not caused by 673 the provider, including liabilities arising from the authoritys 674 negligence, gross negligence, or willful conduct. 675 13.Collocation of a small wireless facility on an 676 authority utility pole does not provide the basis for the 677 imposition of an ad valorem tax on the authority utility pole. 678 14.An authority may reserve space on authority utility 679 poles for future public safety uses. However, a reservation of 680 space may not preclude collocation of a small wireless facility. 681 If replacement of the authority utility pole is necessary to 682 accommodate the collocation of the small wireless facility and 683 the future public safety use, the pole replacement is subject to 684 make-ready provisions and the replaced pole shall accommodate 685 the future public safety use. 686 15.A structure granted a permit and installed pursuant to 687 this subsection shall comply with chapter 333 and federal 688 regulations pertaining to airport airspace protections. 689 (e)An authority may not require any permit or other 690 approval or require fees or other charges, costs, or other 691 exactions for: 692 1.Routine maintenance, the performance of service 693 restoration work on existing facilities, or repair work, 694 including, but not limited to, emergency repairs of existing 695 facilities or extensions of such facilities for providing 696 communications services to customers; 697 2.Replacement of existing wireless facilities with 698 wireless facilities that are substantially similar or of the 699 same or smaller size; or 700 3.Installation, placement, maintenance, or replacement of 701 micro wireless facilities that are suspended on cables strung 702 between existing utility poles in compliance with applicable 703 codes by or for a communications services provider authorized to 704 occupy the rights-of-way and who is remitting taxes under 705 chapter 202. An authority may require an initial letter from or 706 on behalf of such provider, which is effective upon filing, 707 attesting that the micro wireless facility dimensions comply 708 with the limits of this subsection. The authority may not 709 require any additional filing or other information as long as 710 the provider is deploying the same, a substantially similar, or 711 a smaller size micro wireless facility equipment. 712 713 Notwithstanding this paragraph, an authority may require a 714 right-of-way permit for work that involves excavation, closure 715 of a sidewalk, or closure of a vehicular lane or parking lane, 716 unless the provider is performing service restoration on an 717 existing facility and the work is done in compliance with the 718 2017 edition of the Florida Department of Transportation Utility 719 Accommodation Manual. An authority may require notice of such 720 work within 30 days after restoration and may require an after 721 the-fact permit for work which would otherwise have required a 722 permit. 723 (f)Collocation of small wireless facilities on authority 724 utility poles is subject to the following requirements: 725 1.An authority may not enter into an exclusive arrangement 726 with any person for the right to attach equipment to authority 727 utility poles. 728 2.The rates and fees for collocations on authority utility 729 poles must be nondiscriminatory, regardless of the services 730 provided by the collocating person. 731 3.The rate to collocate small wireless facilities on an 732 authority utility pole may not exceed $150 per pole annually. 733 4.Agreements between authorities and wireless providers 734 that are in effect on July 1, 2017, and that relate to the 735 collocation of small wireless facilities in the right-of-way, 736 including the collocation of small wireless facilities on 737 authority utility poles, remain in effect, subject to applicable 738 termination provisions. The wireless provider may accept the 739 rates, fees, and terms established under this subsection for 740 small wireless facilities and utility poles that are the subject 741 of an application submitted after the rates, fees, and terms 742 become effective. 743 5.A person owning or controlling an authority utility pole 744 shall offer rates, fees, and other terms that comply with this 745 subsection. By the later of January 1, 2018, or 3 months after 746 receiving a request to collocate its first small wireless 747 facility on a utility pole owned or controlled by an authority, 748 the person owning or controlling the authority utility pole 749 shall make available, through ordinance or otherwise, rates, 750 fees, and terms for the collocation of small wireless facilities 751 on the authority utility pole which comply with this subsection. 752 a.The rates, fees, and terms must be nondiscriminatory and 753 competitively neutral and must comply with this subsection. 754 b.For an authority utility pole that supports an aerial 755 facility used to provide communications services or electric 756 service, the parties shall comply with the process for make 757 ready work under 47 U.S.C. s. 224 and implementing regulations. 758 The good faith estimate of the person owning or controlling the 759 pole for any make-ready work necessary to enable the pole to 760 support the requested collocation must include pole replacement 761 if necessary. 762 c.For an authority utility pole that does not support an 763 aerial facility used to provide communications services or 764 electric service, the authority shall provide a good faith 765 estimate for any make-ready work necessary to enable the pole to 766 support the requested collocation, including necessary pole 767 replacement, within 60 days after receipt of a complete 768 application. Make-ready work, including any pole replacement, 769 must be completed within 60 days after written acceptance of the 770 good faith estimate by the applicant. Alternatively, an 771 authority may require the applicant seeking to collocate a small 772 wireless facility to provide a make-ready estimate at the 773 applicants expense for the work necessary to support the small 774 wireless facility, including pole replacement, and perform the 775 make-ready work. If pole replacement is required, the scope of 776 the make-ready estimate is limited to the design, fabrication, 777 and installation of a utility pole that is substantially similar 778 in color and composition. The authority may not condition or 779 restrict the manner in which the applicant obtains, develops, or 780 provides the estimate or conducts the make-ready work subject to 781 usual construction restoration standards for work in the right 782 of-way. The replaced or altered utility pole shall remain the 783 property of the authority. 784 d.An authority may not require more make-ready work than 785 is required to meet applicable codes or industry standards. Fees 786 for make-ready work may not include costs related to preexisting 787 damage or prior noncompliance. Fees for make-ready work, 788 including any pole replacement, may not exceed actual costs or 789 the amount charged to communications services providers other 790 than wireless services providers for similar work and may not 791 include any consultant fee or expense. 792 (g)For any applications filed before the effective date of 793 ordinances implementing this subsection, an authority may apply 794 current ordinances relating to placement of communications 795 facilities in the right-of-way related to registration, 796 permitting, insurance coverage, indemnification, force majeure, 797 abandonment, authority liability, or authority warranties. 798 Permit application requirements and small wireless facility 799 placement requirements, including utility pole height limits, 800 that conflict with this subsection must be waived by the 801 authority. An authority may not institute, either expressly or 802 de facto, a moratorium, zoning-in-progress, or other mechanism 803 that would prohibit or delay the filing, receiving, or 804 processing of registrations, applications, or issuing of permits 805 or other approvals for the collocation of small wireless 806 facilities or the installation, modification, or replacement of 807 utility poles used to support the collocation of small wireless 808 facilities. 809 (h)Except as provided in this section or specifically 810 required by state law, an authority may not adopt or enforce any 811 regulation on the placement or operation of communications 812 facilities in the rights-of-way by a provider authorized by 813 state law to operate in the rights-of-way and may not regulate 814 any communications services or impose or collect any tax, fee, 815 or charge not specifically authorized under state law. This 816 paragraph does not alter any law regarding an authoritys 817 ability to regulate the relocation of facilities. 818 (i)1.In an area where an authority has required all public 819 utility lines in the rights-of-way to be placed underground, a 820 wireless provider must comply with written, objective, 821 reasonable, and nondiscriminatory requirements that prohibit new 822 utility poles used to support small wireless facilities if: 823 a.The authority, at least 90 days prior to the submission 824 of an application, has required all public utility lines to be 825 placed underground; 826 b.Structures that the authority allows to remain above 827 ground are reasonably available to wireless providers for the 828 collocation of small wireless facilities and may be replaced by 829 a wireless provider to accommodate the collocation of small 830 wireless facilities; and 831 c.A wireless provider may install a new utility pole in 832 the designated area in the right-of-way that otherwise complies 833 with this subsection and it is not reasonably able to provide 834 wireless service by collocating on a remaining utility pole or 835 other structure in the right-of-way. 836 2.For small wireless facilities installed before an 837 authority adopts requirements that public utility lines be 838 placed underground, an authority adopting such requirements 839 must: 840 a.Allow a wireless provider to maintain the small wireless 841 facilities in place subject to any applicable pole attachment 842 agreement with the pole owner; or 843 b.Allow the wireless provider to replace the associated 844 pole within 50 feet of the prior location in accordance with 845 paragraph (r). 846 (j)A wireless infrastructure provider may apply to an 847 authority to place utility poles in the public rights-of-way to 848 support the collocation of small wireless facilities. The 849 application must include an attestation that small wireless 850 facilities will be collocated on the utility pole or structure 851 and will be used by a wireless services provider to provide 852 service within 9 months after the date the application is 853 approved. The authority shall accept and process the application 854 in accordance with subparagraph (d)6. and any applicable codes 855 and other local codes governing the placement of utility poles 856 in the public rights-of-way. 857 (k)This subsection does not limit a local governments 858 authority to enforce historic preservation zoning regulations 859 consistent with the preservation of local zoning authority under 860 47 U.S.C. s. 332(c)(7), the requirements for facility 861 modifications under 47 U.S.C. s. 1455(a), or the National 862 Historic Preservation Act of 1966, as amended, and the 863 regulations adopted to implement such laws. An authority may 864 enforce local codes, administrative rules, or regulations 865 adopted by ordinance in effect on April 1, 2017, which are 866 applicable to a historic area designated by the state or 867 authority. An authority may enforce pending local ordinances, 868 administrative rules, or regulations applicable to a historic 869 area designated by the state if the intent to adopt such changes 870 has been publicly declared on or before April 1, 2017. An 871 authority may waive any ordinances or other requirements that 872 are subject to this paragraph. 873 (l)This subsection does not authorize a person to 874 collocate or attach wireless facilities, including any antenna, 875 micro wireless facility, or small wireless facility, on a 876 privately owned utility pole, a utility pole owned by an 877 electric cooperative or a municipal electric utility, a 878 privately owned wireless support structure, or other private 879 property without the consent of the property owner. 880 (m)The approval of the installation, placement, 881 maintenance, or operation of a small wireless facility pursuant 882 to this subsection does not authorize the provision of any 883 voice, data, or video communications services or the 884 installation, placement, maintenance, or operation of any 885 communications facilities other than small wireless facilities 886 in the right-of-way. 887 (n)This subsection does not affect provisions relating to 888 pass-through providers in subsection (6). 889 (o)This subsection does not authorize a person to 890 collocate or attach small wireless facilities or micro wireless 891 facilities on a utility pole, unless otherwise permitted by 892 federal law, or erect a wireless support structure in the right 893 of-way located within a retirement community that: 894 1.Is deed restricted as housing for older persons as 895 defined in s. 760.29(4)(b); 896 2.Has more than 5,000 residents; and 897 3.Has underground utilities for electric transmission or 898 distribution. 899 900 This paragraph does not apply to the installation, placement, 901 maintenance, or replacement of micro wireless facilities on any 902 existing and duly authorized aerial communications facilities, 903 provided that once aerial facilities are converted to 904 underground facilities, any such collocation or construction 905 shall be only as provided by the municipalitys underground 906 utilities ordinance. 907 (p)This subsection does not authorize a person to 908 collocate or attach small wireless facilities or micro wireless 909 facilities on a utility pole, unless otherwise permitted by 910 federal law, or erect a wireless support structure in the right 911 of-way located within a municipality that: 912 1.Is located on a coastal barrier island as defined in s. 913 161.053(1)(b)3.; 914 2.Has a land area of less than 5 square miles; 915 3.Has fewer than 10,000 residents; and 916 4.Has, before July 1, 2017, received referendum approval 917 to issue debt to finance municipal-wide undergrounding of its 918 utilities for electric transmission or distribution. 919 920 This paragraph does not apply to the installation, placement, 921 maintenance, or replacement of micro wireless facilities on any 922 existing and duly authorized aerial communications facilities, 923 provided that once aerial facilities are converted to 924 underground facilities, any such collocation or construction 925 shall be only as provided by the municipalitys underground 926 utilities ordinance. 927 (q)This subsection does not authorize a person to 928 collocate small wireless facilities or micro wireless facilities 929 on an authority utility pole or erect a wireless support 930 structure in a location subject to covenants, conditions, 931 restrictions, articles of incorporation, and bylaws of a 932 homeowners association. This paragraph does not apply to the 933 installation, placement, maintenance, or replacement of micro 934 wireless facilities on any existing and duly authorized aerial 935 communications facilities. 936 (r)An authority may require wireless providers to comply 937 with objective design standards adopted by ordinance. The 938 ordinance may only require: 939 1.A new utility pole that replaces an existing utility 940 pole to be of substantially similar design, material, and color; 941 2.Reasonable spacing requirements concerning the location 942 of a ground-mounted component of a small wireless facility which 943 does not exceed 15 feet from the associated support structure; 944 or 945 3.A small wireless facility to meet reasonable location 946 context, color, camouflage, and concealment requirements, 947 subject to the limitations in this subsection; and 948 4.A new utility pole used to support a small wireless 949 facility to meet reasonable location context, color, and 950 material of the predominant utility pole type at the proposed 951 location of the new utility pole. 952 953 Such design standards under this paragraph may be waived by the 954 authority upon a showing that the design standards are not 955 reasonably compatible for the particular location of a small 956 wireless facility or utility pole or are technically infeasible 957 or that the design standards impose an excessive expense. The 958 waiver must be granted or denied within 45 days after the date 959 of the request. 960 (8)(a)Any person aggrieved by a violation of this section 961 may bring a civil action in a United States District Court or in 962 any other court of competent jurisdiction. 963 (b)The court may: 964 1.Grant temporary or permanent injunctions on terms as it 965 may deem reasonable to prevent or restrain violations of this 966 section; and 967 2.Direct the recovery of full costs, including awarding 968 reasonable attorney fees, to the party who prevails. 969 (9)All work in the authoritys rights-of-way under this 970 section must comply with the 2017 edition of the Florida 971 Department of Transportation Utility Accommodation Manual. 972 Section 2.This act shall take effect July 1, 2022.