Florida Senate Bill S1900 Latest Draft

 Florida Senate - 2022 SB 1900  By Senator Torres 15-01682A-22 20221900__ 1 A bill to be entitled 2 An act relating to preemption to the state; amending 3 s. 106.08, F.S.; removing provisions which preempt 4 counties, municipalities, and other local governmental 5 entities from enacting or adopting any limitation or 6 restriction involving certain contributions and 7 expenditures, or establishing contribution limits 8 different than those established in the Florida 9 Election Code; amending s. 125.0103, F.S.; removing 10 provisions which require local governmental measures 11 imposing rent controls to expire within a specified 12 time period unless such measures are extended or 13 renewed in accordance with law; amending s. 125.01055, 14 F.S.; removing provisions which require counties to 15 provide incentives to fully offset costs of certain 16 affordable housing contributions or linkage fees; 17 amending s. 125.421, F.S.; removing provisions which 18 require counties and entities of local government to 19 pay ad valorem taxes or fees under specified 20 conditions on certain telecommunications facilities; 21 removing a waiver of immunity on taxation of property 22 for counties or entities of local government under 23 such circumstances; repealing s. 163.045, F.S., 24 relating to the pruning, trimming, or removal of trees 25 on residential property; repealing 163.211, F.S., 26 relating to licensing of occupations preempted to the 27 state; amending s. 163.31801, F.S.; removing 28 limitations on impact fee increases; repealing s. 29 163.3205, F.S., relating to a solar facility approval 30 process; amending s. 166.04151, F.S.; removing 31 provisions which require 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 governmental measures that impose rent controls 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 other entities of 40 local government to pay ad valorem taxes or fees under 41 specified conditions on certain telecommunications 42 facilities; amending s. 166.241, F.S.; removing 43 provisions authorizing specified elected officials to 44 file an appeal to the Administration Commission if the 45 governing body of a municipality makes a specified 46 reduction to the operating budget of the municipal law 47 enforcement agency; removing provisions requiring the 48 petition to contain specified information; removing 49 provisions requiring the Executive Office of the 50 Governor to conduct a budget hearing to consider the 51 matter and make findings and recommendations to the 52 Administration Commission; removing provisions 53 requiring the commission to approve, amend, or modify 54 the municipalitys budget; amending ss. 196.012, 55 199.183, and 212.08, F.S.; removing provisions that 56 prohibit certain property and use of two-way 57 telecommunications services under specified 58 circumstances from receiving certain tax exemptions; 59 repealing s. 218.077, F.S., relating to wage and 60 employment benefits requirements by political 61 subdivisions and restrictions thereon; amending s. 62 252.35, F.S.; removing limitations on the timeframe 63 for delegation of certain authorities by the Division 64 of Emergency Management; amending s. 252.38, F.S.; 65 removing requirements for the purpose and scope of 66 emergency orders; removing provisions on the automatic 67 expiration of emergency orders; removing provisions 68 authorizing the extension of emergency orders by a 69 majority vote of a governing body for a specified 70 duration; removing provisions authorizing the Governor 71 to invalidate certain emergency orders; removing 72 prohibitions on the issuance of certain emergency 73 orders; amending s. 252.46, F.S.; removing provisions 74 that a failure by a political subdivision to file 75 certain orders and rules with specified entities 76 within a specified timeframe voids the issued orders 77 or rules; repealing 311.25, F.S., relating to Florida 78 seaports and local ballot initiatives and referendums; 79 amending 331.502, F.S.; conforming a provision to 80 changes made by the act; amending s. 337.401, F.S.; 81 removing certain communications services lines as 82 items over which certain governmental entities are 83 authorized to prescribe and enforce reasonable rules 84 and regulations; removing time restrictions placed 85 upon certain counties and municipalities for 86 processing certain permit applications; removing 87 limitations and prohibitions on municipalities and 88 counties relating to registrations and renewals of 89 communications services providers; removing provisions 90 that authorize municipalities and counties to require 91 certain information as part of a registration; 92 removing provisions that prohibit municipalities and 93 counties from requiring a payment of fees, costs, or 94 charges for provider registration or renewal; removing 95 prohibitions against municipalities and counties 96 adopting or enforcing certain ordinances, rules, or 97 requirements; removing limitations on municipal and 98 county authority to regulate and manage municipal and 99 county roads or rights-of-way; removing provisions 100 that prohibit certain municipalities and counties from 101 imposing permit fees; removing provisions that specify 102 activities for which permit fees may not be imposed; 103 removing a requirement that enforcement of certain 104 ordinances be suspended until certain conditions are 105 met; removing a condition for certain in-kind 106 compensation; revising items over which municipalities 107 and counties may exercise regulatory control; removing 108 provisions for requirements relating to right-of-way 109 permits; removing provisions relating to municipal and 110 county authority over pass-through providers; removing 111 references to, and administration and provisions of, 112 the Advanced Wireless Infrastructure Deployment Act; 113 removing a provision authorizing a civil action for 114 specified violations; removing authorizations for a 115 court to take certain actions; removing provisions 116 requiring that work in certain authority rights-of-way 117 comply with a specified document; amending s. 350.81, 118 F.S.; removing procedures that must be followed by 119 governmental entities before providing communications 120 services; removing provisions relating to the use of 121 certain revenues to issue bonds to finance 122 communications services; removing provisions which 123 provide certain procedures if revenues do not exceed 124 operating costs after a specified time period; 125 removing exemptions of certain governmental entities 126 from certain requirements relating to 127 telecommunications services; removing a provision 128 specifying that certain airport authorities or other 129 governmental entities are not exempt from certain 130 procedural requirements relating to telecommunications 131 services; repealing s. 366.032, F.S., relating to 132 preemption over utility service restrictions; 133 repealing s. 377.707, F.S., relating to express 134 preemption of fuel retailers and related 135 transportation infrastructure; amending s. 403.412, 136 F.S.; removing prohibitions against local governments 137 recognizing or granting certain legal rights to the 138 natural environment or granting such rights relating 139 to the natural environment to a person or political 140 subdivision; amending s. 403.7033, F.S.; removing the 141 prohibition against local laws relating to the 142 regulation of auxiliary containers, wrappings, and 143 disposable plastic bags; amending ss. 489.117, 144 489.1455, and 489.5335, F.S.; conforming provisions to 145 changes made by the act; amending s. 499.002, F.S.; 146 removing a provision that preempts the regulation of 147 over-the-counter proprietary drugs and cosmetics to 148 the state; repealing s. 500.90, F.S., relating to the 149 preemption of local laws relating to the use or sale 150 of polystyrene products to the Department of 151 Agriculture and Consumer Services; amending s. 152 790.251, F.S.; conforming a provision to changes made 153 by the act; repealing s. 569.0025, F.S., relating to 154 preemption of the regulation of tobacco products to 155 the state; repealing s. 569.315, F.S., relating to 156 preemption of the regulation of nicotine products to 157 the state; repealing s. 790.33, F.S., relating to the 158 preemption of the field of regulation of firearms and 159 ammunition to the Legislature, to the exclusion of 160 local jurisdictions; amending s. 570.07, F.S.; 161 removing provisions relating to the preemption of the 162 regulation of fertilizer to the state; repealing ch. 163 908, F.S, consisting of ss. 908.101, 908.102, 908.103, 164 908.104, 908.105, 908.106, 908.107, 908.108, and 165 908.109, F.S., relating to legislative findings and 166 intent, definitions, a prohibition on sanctuary 167 policies, cooperation with federal immigration 168 authorities, duties relating to immigration detainers, 169 reimbursement of costs, enforcement, education 170 records, and a prohibition on discrimination, 171 respectively; providing a contingent effective date. 172 173 Be It Enacted by the Legislature of the State of Florida: 174 175 Section 1.Subsection (11) of section 106.08, Florida 176 Statutes, is amended to read: 177 106.08Contributions; limitations on. 178 (11)(a)A county, a municipality, or any other local 179 governmental entity is expressly preempted from enacting or 180 adopting: 181 1.Contribution limits that differ from the limitations 182 established in subsection (1); 183 2.Any limitation or restriction involving contributions to 184 a political committee or an electioneering communications 185 organization; or 186 3.Any limitation or restriction on expenditures for an 187 electioneering communication or an independent expenditure. 188 (b)Any existing or future limitation or restriction 189 enacted or adopted by a county, a municipality, or any other 190 local governmental entity which is in conflict with this 191 subsection is void. 192 Section 2.Subsection (3) and present subsection (6) of 193 section 125.0103, Florida Statutes, are amended to read: 194 125.0103Ordinances and rules imposing price controls; 195 findings required; procedures. 196 (3)Any law, ordinance, rule, or other measure which has 197 the effect of imposing controls on rents shall terminate and 198 expire within 1 year and shall not be extended or renewed except 199 by the adoption of a new measure meeting all the requirements of 200 this section. 201 (5)(6)In any court action brought to challenge the 202 validity of rent control imposed pursuant to the provisions of 203 this section, the evidentiary effect of any findings or 204 recitations required by subsection (4) (5) shall be limited to 205 imposing upon any party challenging the validity of such measure 206 the burden of going forward with the evidence, and the burden of 207 proof (that is, the risk of nonpersuasion) shall rest upon any 208 party seeking to have the measure upheld. 209 Section 3.Subsection (4) of section 125.01055, Florida 210 Statutes, is amended to read: 211 125.01055Affordable housing. 212 (4)In exchange for a developer fulfilling the requirements 213 of subsection (2) or, for residential or mixed-use residential 214 development, the requirements of subsection (3), a county must 215 provide incentives to fully offset all costs to the developer of 216 its affordable housing contribution or linkage fee. Such 217 incentives may include, but are not limited to: 218 (a)Allowing the developer density or intensity bonus 219 incentives or more floor space than allowed under the current or 220 proposed future land use designation or zoning; 221 (b)Reducing or waiving fees, such as impact fees or water 222 and sewer charges; or 223 (c)Granting other incentives. 224 Section 4.Section 125.421, Florida Statutes, is amended to 225 read: 226 125.421Telecommunications services.A telecommunications 227 company that is a county or other entity of local government may 228 obtain or hold a certificate required by chapter 364, and the 229 obtaining or holding of said certificate serves a public purpose 230 only if the county or other entity of local government: 231 (1)Separately accounts for the revenues, expenses, 232 property, and source of investment dollars associated with the 233 provision of such service; and 234 (2)Is subject, without exemption, to all local 235 requirements applicable to telecommunications companies; and 236 (3)Notwithstanding any other provision of law, pays, on 237 its telecommunications facilities used to provide two-way 238 telecommunication services to the public for hire and for which 239 a certificate is required under chapter 364, ad valorem taxes, 240 or fees in amounts equal thereto, to any taxing jurisdiction in 241 which the county or other entity of local government operates. 242 Any entity of local government may pay and impose such ad 243 valorem taxes or fees. Any immunity of any county or other 244 entity of local government from taxation of the property taxed 245 by this section is hereby waived. 246 247 This section does not apply to the provision of 248 telecommunications services for internal operational needs of a 249 county or other entity of local government. This section does 250 not apply to the provision of internal information services, 251 including, but not limited to, tax records, engineering records, 252 and property records, by a county or other entity of local 253 government to the public for a fee. 254 Section 5.Section 163.045, Florida Statutes, is repealed. 255 Section 6.Section 163.211, Florida Statutes, is repealed. 256 Section 7.Subsection (6) of section 163.31801, Florida 257 Statutes, is amended to read: 258 163.31801Impact fees; short title; intent; minimum 259 requirements; audits; challenges. 260 (6)A local government, school district, or special 261 district may increase an impact fee only as provided in this 262 subsection. 263 (a)An impact fee may be increased only pursuant to a plan 264 for the imposition, collection, and use of the increased impact 265 fees which complies with this section. 266 (b)An increase to a current impact fee rate of not more 267 than 25 percent of the current rate must be implemented in two 268 equal annual increments beginning with the date on which the 269 increased fee is adopted. 270 (c)An increase to a current impact fee rate which exceeds 271 25 percent but is not more than 50 percent of the current rate 272 must be implemented in four equal installments beginning with 273 the date the increased fee is adopted. 274 (d)An impact fee increase may not exceed 50 percent of the 275 current impact fee rate. 276 (e)An impact fee may not be increased more than once every 277 4 years. 278 (f)An impact fee may not be increased retroactively for a 279 previous or current fiscal or calendar year. 280 (g)A local government, school district, or special 281 district may increase an impact fee rate beyond the phase-in 282 limitations established under paragraph (b), paragraph (c), 283 paragraph (d), or paragraph (e) by establishing the need for 284 such increase in full compliance with the requirements of 285 subsection (4), provided the following criteria are met: 286 1.A demonstrated-need study justifying any increase in 287 excess of those authorized in paragraph (b), paragraph (c), 288 paragraph (d), or paragraph (e) has been completed within the 12 289 months before the adoption of the impact fee increase and 290 expressly demonstrates the extraordinary circumstances 291 necessitating the need to exceed the phase-in limitations. 292 2.The local government jurisdiction has held not less than 293 two publicly noticed workshops dedicated to the extraordinary 294 circumstances necessitating the need to exceed the phase-in 295 limitations set forth in paragraph (b), paragraph (c), paragraph 296 (d), or paragraph (e). 297 3.The impact fee increase ordinance is approved by at 298 least a two-thirds vote of the governing body. 299 (h)This subsection operates retroactively to January 1, 300 2021. 301 Section 8.Section 163.3205, Florida Statutes, is repealed. 302 Section 9.Subsection (4) of section 166.04151, Florida 303 Statutes, is amended to read: 304 166.04151Affordable housing. 305 (4)In exchange for a developer fulfilling the requirements 306 of subsection (2) or, for residential or mixed-use residential 307 development, the requirements of subsection (3), a municipality 308 must provide incentives to fully offset all costs to the 309 developer of its affordable housing contribution or linkage fee. 310 Such incentives may include, but are not limited to: 311 (a)Allowing the developer density or intensity bonus 312 incentives or more floor space than allowed under the current or 313 proposed future land use designation or zoning; 314 (b)Reducing or waiving fees, such as impact fees or water 315 and sewer charges; or 316 (c)Granting other incentives. 317 Section 10.Subsection (3) and present subsection (6) of 318 section 166.043, Florida Statutes, are amended to read: 319 166.043Ordinances and rules imposing price controls; 320 findings required; procedures. 321 (3)Any law, ordinance, rule, or other measure which has 322 the effect of imposing controls on rents shall terminate and 323 expire within 1 year and shall not be extended or renewed except 324 by the adoption of a new measure meeting all the requirements of 325 this section. 326 (5)(6)In any court action brought to challenge the 327 validity of rent control imposed pursuant to the provisions of 328 this section, the evidentiary effect of any findings or 329 recitations required by subsection (4) (5) shall be limited to 330 imposing upon any party challenging the validity of such measure 331 the burden of going forward with the evidence, and the burden of 332 proof (that is, the risk of nonpersuasion) shall rest upon any 333 party seeking to have the measure upheld. 334 Section 11.Section 166.047, Florida Statutes, is amended 335 to read: 336 166.047Telecommunications services.A telecommunications 337 company that is a municipality or other entity of local 338 government may obtain or hold a certificate required by chapter 339 364, and the obtaining or holding of said certificate serves a 340 municipal or public purpose under the provision of s. 2(b), Art. 341 VIII of the State Constitution, only if the municipality or 342 other entity of local government: 343 (1)Separately accounts for the revenues, expenses, 344 property, and source of investment dollars associated with the 345 provision of such services; and 346 (2)Is subject, without exemption, to all local 347 requirements applicable to telecommunications companies; and 348 (3)Notwithstanding any other provision of law, pays, on 349 its telecommunications facilities used to provide two-way 350 telecommunications services to the public for hire and for which 351 a certificate is required pursuant to chapter 364, ad valorem 352 taxes, or fees in amounts equal thereto, to any taxing 353 jurisdiction in which the municipality or other entity of local 354 government operates. Any entity of local government may pay and 355 impose such ad valorem taxes or fees. 356 357 This section does not apply to the provision of 358 telecommunications services for internal operational needs of a 359 municipality or other entity of local government. This section 360 does not apply to the provision of internal information 361 services, including, but not limited to, tax records, 362 engineering records, and property records, by a municipality or 363 other entity of local government to the public for a fee. 364 Section 12.Subsections (4), (5), and (8) of section 365 166.241, Florida Statutes, are amended to read: 366 166.241Fiscal years, budgets, appeal of municipal law 367 enforcement agency budget, and budget amendments. 368 (4)(a)If the tentative budget of a municipality contains a 369 funding reduction to the operating budget of the municipal law 370 enforcement agency, the state attorney for the judicial circuit 371 in which the municipality is located, or a member of the 372 governing body who objects to the funding reduction, may file an 373 appeal by petition to the Administration Commission within 30 374 days after the day the tentative budget is posted to the 375 official website of the municipality under subsection (3). The 376 petition must set forth the tentative budget proposed by the 377 municipality, in the form and manner prescribed by the Executive 378 Office of the Governor and approved by the Administration 379 Commission, the operating budget of the municipal law 380 enforcement agency as approved by the municipality for the 381 previous year, and state the reasons or grounds for the appeal. 382 The petition shall be filed with the Executive Office of the 383 Governor and a copy served upon the governing body of the 384 municipality or to the clerk of the circuit court of the county 385 in which the municipality is located. 386 (b)The governing body of the municipality has 5 working 387 days after service of a copy of the petition to file a reply 388 with the Executive Office of the Governor and shall serve a copy 389 of such reply to the petitioner. 390 (5)Upon receipt of the petition, the Executive Office of 391 the Governor shall provide for a budget hearing at which the 392 matters presented in the petition and the reply shall be 393 considered. A report of the findings and recommendations of the 394 Executive Office of the Governor thereon shall be promptly 395 submitted to the Administration Commission, which, within 30 396 days, shall approve the action of the governing body of the 397 municipality or amend or modify the budget as to each separate 398 item within the operating budget of the municipal law 399 enforcement agency. The budget as approved, amended, or modified 400 by the Administration Commission shall be final. 401 (6)(8)If the governing body of a municipality amends the 402 budget pursuant to paragraph (5)(c) (7)(c), the adopted 403 amendment must be posted on the official website of the 404 municipality within 5 days after adoption and must remain on the 405 website for at least 2 years. If the municipality does not 406 operate an official website, the municipality must, within a 407 reasonable period of time as established by the county or 408 counties in which the municipality is located, transmit the 409 adopted amendment to the manager or administrator of such county 410 or counties who shall post the adopted amendment on the countys 411 website. 412 Section 13.Subsection (6) of section 196.012, Florida 413 Statutes, is amended to read: 414 196.012Definitions.For the purpose of this chapter, the 415 following terms are defined as follows, except where the context 416 clearly indicates otherwise: 417 (6)Governmental, municipal, or public purpose or function 418 shall be deemed to be served or performed when the lessee under 419 any leasehold interest created in property of the United States, 420 the state or any of its political subdivisions, or any 421 municipality, agency, special district, authority, or other 422 public body corporate of the state is demonstrated to perform a 423 function or serve a governmental purpose which could properly be 424 performed or served by an appropriate governmental unit or which 425 is demonstrated to perform a function or serve a purpose which 426 would otherwise be a valid subject for the allocation of public 427 funds. For purposes of the preceding sentence, an activity 428 undertaken by a lessee which is permitted under the terms of its 429 lease of real property designated as an aviation area on an 430 airport layout plan which has been approved by the Federal 431 Aviation Administration and which real property is used for the 432 administration, operation, business offices and activities 433 related specifically thereto in connection with the conduct of 434 an aircraft full service fixed base operation which provides 435 goods and services to the general aviation public in the 436 promotion of air commerce shall be deemed an activity which 437 serves a governmental, municipal, or public purpose or function. 438 Any activity undertaken by a lessee which is permitted under the 439 terms of its lease of real property designated as a public 440 airport as defined in s. 332.004(14) by municipalities, 441 agencies, special districts, authorities, or other public bodies 442 corporate and public bodies politic of the state, a spaceport as 443 defined in s. 331.303, or which is located in a deepwater port 444 identified in s. 403.021(9)(b) and owned by one of the foregoing 445 governmental units, subject to a leasehold or other possessory 446 interest of a nongovernmental lessee that is deemed to perform 447 an aviation, airport, aerospace, maritime, or port purpose or 448 operation shall be deemed an activity that serves a 449 governmental, municipal, or public purpose. The use by a lessee, 450 licensee, or management company of real property or a portion 451 thereof as a convention center, visitor center, sports facility 452 with permanent seating, concert hall, arena, stadium, park, or 453 beach is deemed a use that serves a governmental, municipal, or 454 public purpose or function when access to the property is open 455 to the general public with or without a charge for admission. If 456 property deeded to a municipality by the United States is 457 subject to a requirement that the Federal Government, through a 458 schedule established by the Secretary of the Interior, determine 459 that the property is being maintained for public historic 460 preservation, park, or recreational purposes and if those 461 conditions are not met the property will revert back to the 462 Federal Government, then such property shall be deemed to serve 463 a municipal or public purpose. The term governmental purpose 464 also includes a direct use of property on federal lands in 465 connection with the Federal Governments Space Exploration 466 Program or spaceport activities as defined in s. 212.02(22). 467 Real property and tangible personal property owned by the 468 Federal Government or Space Florida and used for defense and 469 space exploration purposes or which is put to a use in support 470 thereof shall be deemed to perform an essential national 471 governmental purpose and shall be exempt. Owned by the lessee 472 as used in this chapter does not include personal property, 473 buildings, or other real property improvements used for the 474 administration, operation, business offices and activities 475 related specifically thereto in connection with the conduct of 476 an aircraft full service fixed based operation which provides 477 goods and services to the general aviation public in the 478 promotion of air commerce provided that the real property is 479 designated as an aviation area on an airport layout plan 480 approved by the Federal Aviation Administration. For purposes of 481 determination of ownership, buildings and other real property 482 improvements which will revert to the airport authority or other 483 governmental unit upon expiration of the term of the lease shall 484 be deemed owned by the governmental unit and not the lessee. 485 Providing two-way telecommunications services to the public for 486 hire by the use of a telecommunications facility, as defined in 487 s. 364.02(14), and for which a certificate is required under 488 chapter 364 does not constitute an exempt use for purposes of s. 489 196.199, unless the telecommunications services are provided by 490 the operator of a public-use airport, as defined in s. 332.004, 491 for the operators provision of telecommunications services for 492 the airport or its tenants, concessionaires, or licensees, or 493 unless the telecommunications services are provided by a public 494 hospital. 495 Section 14.Subsection (1) of section 199.183, Florida 496 Statutes, is amended to read: 497 199.183Taxpayers exempt from nonrecurring taxes. 498 (1)Intangible personal property owned by this state or any 499 of its political subdivisions or municipalities shall be exempt 500 from taxation under this chapter. This exemption does not apply 501 to: 502 (a)Any leasehold or other interest that is described in s. 503 199.023(1)(d), Florida Statutes 2005; or 504 (b)Property related to the provision of two-way 505 telecommunications services to the public for hire by the use of 506 a telecommunications facility, as defined in s. 364.02(14), and 507 for which a certificate is required under chapter 364, when the 508 service is provided by any county, municipality, or other 509 political subdivision of the state. Any immunity of any 510 political subdivision of the state or other entity of local 511 government from taxation of the property used to provide 512 telecommunication services that is taxed as a result of this 513 paragraph is hereby waived. However, Intangible personal 514 property related to the provision of telecommunications services 515 provided by the operator of a public-use airport, as defined in 516 s. 332.004, for the operators provision of telecommunications 517 services for the airport or its tenants, concessionaires, or 518 licensees, and intangible personal property related to the 519 provision of telecommunications services provided by a public 520 hospital, are exempt from taxation under this chapter. 521 Section 15.Paragraph (a) of subsection (6) of section 522 212.08, Florida Statutes, is amended to read: 523 212.08Sales, rental, use, consumption, distribution, and 524 storage tax; specified exemptions.The sale at retail, the 525 rental, the use, the consumption, the distribution, and the 526 storage to be used or consumed in this state of the following 527 are hereby specifically exempt from the tax imposed by this 528 chapter. 529 (6)EXEMPTIONS; POLITICAL SUBDIVISIONS. 530 (a)There are also exempt from the tax imposed by this 531 chapter sales made to the United States Government, a state, or 532 any county, municipality, or political subdivision of a state 533 when payment is made directly to the dealer by the governmental 534 entity. This exemption shall not inure to any transaction 535 otherwise taxable under this chapter when payment is made by a 536 government employee by any means, including, but not limited to, 537 cash, check, or credit card when that employee is subsequently 538 reimbursed by the governmental entity. This exemption does not 539 include sales, rental, use, consumption, or storage for use in 540 any political subdivision or municipality in this state of 541 machines and equipment and parts and accessories therefor used 542 in the generation, transmission, or distribution of electrical 543 energy by systems owned and operated by a political subdivision 544 in this state for transmission or distribution expansion. 545 Likewise exempt are charges for services rendered by radio and 546 television stations, including line charges, talent fees, or 547 license fees and charges for films, videotapes, and 548 transcriptions used in producing radio or television broadcasts. 549 The exemption provided in this subsection does not include 550 sales, rental, use, consumption, or storage for use in any 551 political subdivision or municipality in this state of machines 552 and equipment and parts and accessories therefor used in 553 providing two-way telecommunications services to the public for 554 hire by the use of a telecommunications facility, as defined in 555 s. 364.02(14), and for which a certificate is required under 556 chapter 364, which facility is owned and operated by any county, 557 municipality, or other political subdivision of the state. Any 558 immunity of any political subdivision of the state or other 559 entity of local government from taxation of the property used to 560 provide telecommunication services that is taxed as a result of 561 this section is hereby waived. However, the exemption provided 562 in this subsection includes transactions taxable under this 563 chapter which are for use by the operator of a public-use 564 airport, as defined in s. 332.004, in providing such 565 telecommunications services for the airport or its tenants, 566 concessionaires, or licensees, or which are for use by a public 567 hospital for the provision of such telecommunications services. 568 Section 16.Section 218.077, Florida Statutes, is repealed. 569 Section 17.Paragraph (w) of subsection (2) of section 570 252.35, Florida Statutes, is amended to read: 571 252.35Emergency management powers; Division of Emergency 572 Management. 573 (2)The division is responsible for carrying out the 574 provisions of ss. 252.31-252.90. In performing its duties, the 575 division shall: 576 (w)Delegate, as necessary and appropriate, authority 577 vested in it under ss. 252.31-252.90 and provide for the 578 subdelegation of such authority. The duration of each such 579 delegation or subdelegation during an emergency may not exceed 580 60 days; however, a delegation or subdelegation may be renewed 581 during the emergency, as necessary. 582 Section 18.Subsection (4) of section 252.38, Florida 583 Statutes, is amended to read: 584 252.38Emergency management powers of political 585 subdivisions.Safeguarding the life and property of its citizens 586 is an innate responsibility of the governing body of each 587 political subdivision of the state. 588 (4)EXPIRATION AND EXTENSION OF EMERGENCY ORDERS. 589 (a)As used in this subsection, the term emergency order 590 means an order or ordinance issued or enacted by a political 591 subdivision in response to an emergency pursuant to this chapter 592 or chapter 381 that limits the rights or liberties of 593 individuals or businesses within the political subdivision. The 594 term does not apply to orders issued in response to hurricanes 595 or other weather-related emergencies. 596 (b)It is the intent of the Legislature to minimize the 597 negative effects of an emergency order issued by a political 598 subdivision. Notwithstanding any other law, an emergency order 599 issued by a political subdivision must be narrowly tailored to 600 serve a compelling public health or safety purpose. Any such 601 emergency order must be limited in duration, applicability, and 602 scope in order to reduce any infringement on individual rights 603 or liberties to the greatest extent possible. 604 (c)An emergency order automatically expires 7 days after 605 issuance but may be extended by a majority vote of the governing 606 body of the political subdivision, as necessary, in 7-day 607 increments for a total duration of not more than 42 days. 608 (d)The Governor may, at any time, invalidate an emergency 609 order issued by a political subdivision if the Governor 610 determines that such order unnecessarily restricts individual 611 rights or liberties. 612 (e)Upon the expiration of an emergency order, a political 613 subdivision may not issue a substantially similar order. 614 Section 19.Subsection (2) of section 252.46, Florida 615 Statutes, is amended to read: 616 252.46Orders and rules. 617 (2)All orders and rules adopted by the division or any 618 political subdivision or other agency authorized by ss. 252.31 619 252.90 to make orders and rules have full force and effect of 620 law after adoption in accordance with chapter 120 in the event 621 of issuance by the division or any state agency or, if adopted 622 by a political subdivision of the state or agency thereof, when 623 filed in the office of the clerk or recorder of the political 624 subdivision or agency adopting the same. Failure of a political 625 subdivision to file any such order or rule with the office of 626 the clerk or recorder within 3 days after issuance voids the 627 order or rule. All existing laws, ordinances, and rules 628 inconsistent with ss. 252.31-252.90, or any order or rule issued 629 under the authority of ss. 252.31-252.90, must be suspended 630 during the period of time and to the extent that such conflict 631 exists. 632 Section 20.Section 311.25, Florida Statutes, is repealed. 633 Section 21.Paragraph (b) of subsection (1) of section 634 331.502, Florida Statutes, is amended to read: 635 331.502Recovery of spaceflight assets. 636 (1)As used in this section, the term: 637 (b)Law enforcement agency has the same meaning as 638 provided in s. 908.102. 639 Section 22.Paragraph (a) of subsection (1), subsections 640 (2) and (3), paragraph (d) of subsection (6), and subsections 641 (7), (8), and (9) of section 337.401, Florida Statutes, are 642 amended to read: 643 337.401Use of right-of-way for utilities subject to 644 regulation; permit; fees. 645 (1)(a)The department and local governmental entities, 646 referred to in this section and in ss. 337.402, 337.403, and 647 337.404 as the authority, that have jurisdiction and control 648 of public roads or publicly owned rail corridors are authorized 649 to prescribe and enforce reasonable rules or regulations with 650 reference to the placing and maintaining across, on, or within 651 the right-of-way limits of any road or publicly owned rail 652 corridors under their respective jurisdictions any electric 653 transmission, voice, telegraph, data, or other communications 654 services lines or wireless facilities; pole lines; poles; 655 railways; ditches; sewers; water, heat, or gas mains; pipelines; 656 fences; gasoline tanks and pumps; or other structures referred 657 to in this section and in ss. 337.402, 337.403, and 337.404 as 658 the utility. The department may enter into a permit-delegation 659 agreement with a governmental entity if issuance of a permit is 660 based on requirements that the department finds will ensure the 661 safety and integrity of facilities of the Department of 662 Transportation; however, the permit-delegation agreement does 663 not apply to facilities of electric utilities as defined in s. 664 366.02(2). 665 (2)The authority may grant to any person who is a resident 666 of this state, or to any corporation which is organized under 667 the laws of this state or licensed to do business within this 668 state, the use of a right-of-way for the utility in accordance 669 with such rules or regulations as the authority may adopt. A 670 utility may not be installed, located, or relocated unless 671 authorized by a written permit issued by the authority. However, 672 for public roads or publicly owned rail corridors under the 673 jurisdiction of the department, a utility relocation schedule 674 and relocation agreement may be executed in lieu of a written 675 permit. The permit must require the permitholder to be 676 responsible for any damage resulting from the issuance of such 677 permit. The authority may initiate injunctive proceedings as 678 provided in s. 120.69 to enforce provisions of this subsection 679 or any rule or order issued or entered into pursuant thereto. A 680 permit application required under this subsection by a county or 681 municipality having jurisdiction and control of the right-of-way 682 of any public road must be processed and acted upon in 683 accordance with the timeframes provided in subparagraphs 684 (7)(d)7., 8., and 9. 685 (3)(a)Because of the unique circumstances applicable to 686 providers of communications services, including, but not limited 687 to, the circumstances described in paragraph (e) and the fact 688 that federal and state law require the nondiscriminatory 689 treatment of providers of telecommunications services, and 690 because of the desire to promote competition among providers of 691 communications services, it is the intent of the Legislature 692 that municipalities and counties treat providers of 693 communications services in a nondiscriminatory and competitively 694 neutral manner when imposing rules or regulations governing the 695 placement or maintenance of communications facilities in the 696 public roads or rights-of-way. Rules or regulations imposed by a 697 municipality or county relating to providers of communications 698 services placing or maintaining communications facilities in its 699 roads or rights-of-way must be generally applicable to all 700 providers of communications services, taking into account the 701 distinct engineering, construction, operation, maintenance, 702 public works, and safety requirements of the providers 703 facilities, and, notwithstanding any other law, may not require 704 a provider of communications services to apply for or enter into 705 an individual license, franchise, or other agreement with the 706 municipality or county as a condition of placing or maintaining 707 communications facilities in its roads or rights-of-way. In 708 addition to other reasonable rules or regulations that a 709 municipality or county may adopt relating to the placement or 710 maintenance of communications facilities in its roads or rights 711 of-way under this subsection or subsection (7), a municipality 712 or county may require a provider of communications services that 713 places or seeks to place facilities in its roads or rights-of 714 way to register with the municipality or county. To register, a 715 provider of communications services may be required only to 716 provide its name; the name, address, and telephone number of a 717 contact person for the registrant; the number of the 718 registrants current certificate of authorization issued by the 719 Florida Public Service Commission, the Federal Communications 720 Commission, or the Department of State; a statement of whether 721 the registrant is a pass-through provider as defined in 722 subparagraph (6)(a)1.; the registrants federal employer 723 identification number; and any required proof of insurance or 724 self-insuring status adequate to defend and cover claims. A 725 municipality or county may not require a registrant to renew a 726 registration more frequently than every 5 years but may require 727 during this period that a registrant update the registration 728 information provided under this subsection within 90 days after 729 a change in such information. A municipality or county may not 730 require the registrant to provide an inventory of communications 731 facilities, maps, locations of such facilities, or other 732 information by a registrant as a condition of registration, 733 renewal, or for any other purpose; provided, however, that a 734 municipality or county may require as part of a permit 735 application that the applicant identify at-grade communications 736 facilities within 50 feet of the proposed installation location 737 for the placement of at-grade communications facilities. A 738 municipality or county may not require a provider to pay any 739 fee, cost, or other charge for registration or renewal thereof. 740 It is the intent of the Legislature that the placement, 741 operation, maintenance, upgrading, and extension of 742 communications facilities not be unreasonably interrupted or 743 delayed through the permitting or other local regulatory 744 process. Except as provided in this chapter or otherwise 745 expressly authorized by chapter 202, chapter 364, or chapter 746 610, a municipality or county may not adopt or enforce any 747 ordinance, regulation, or requirement as to the placement or 748 operation of communications facilities in a right-of-way by a 749 communications services provider authorized by state or local 750 law to operate in a right-of-way; regulate any communications 751 services; or impose or collect any tax, fee, cost, charge, or 752 exaction for the provision of communications services over the 753 communications services providers communications facilities in 754 a right-of-way. 755 (b)Registration described in paragraph (a) does not 756 establish a right to place or maintain, or priority for the 757 placement or maintenance of, a communications facility in roads 758 or rights-of-way of a municipality or county. Each municipality 759 and county retains the authority to regulate and manage 760 municipal and county roads or rights-of-way in exercising its 761 police power, subject to the limitations imposed in this section 762 and chapters 202 and 610. Any rules or regulations adopted by a 763 municipality or county which govern the occupation of its roads 764 or rights-of-way by providers of communications services must be 765 related to the placement or maintenance of facilities in such 766 roads or rights-of-way, must be reasonable and 767 nondiscriminatory, and may include only those matters necessary 768 to manage the roads or rights-of-way of the municipality or 769 county. 770 (c)Any municipality or county that, as of January 1, 2019, 771 elected to require permit fees from any provider of 772 communications services that uses or occupies municipal or 773 county roads or rights-of-way pursuant to former paragraph (c) 774 or former paragraph (j), Florida Statutes 2018, may continue to 775 require and collect such fees. A municipality or county that 776 elected as of January 1, 2019, to require permit fees may elect 777 to forego such fees as provided herein. A municipality or county 778 that elected as of January 1, 2019, not to require permit fees 779 may not elect to impose permit fees. All fees authorized under 780 this paragraph must be reasonable and commensurate with the 781 direct and actual cost of the regulatory activity, including 782 issuing and processing permits, plan reviews, physical 783 inspection, and direct administrative costs; must be 784 demonstrable; and must be equitable among users of the roads or 785 rights-of-way. A fee authorized under this paragraph may not be 786 offset against the tax imposed under chapter 202; include the 787 costs of roads or rights-of-way acquisition or roads or rights 788 of-way rental; include any general administrative, management, 789 or maintenance costs of the roads or rights-of-way; or be based 790 on a percentage of the value or costs associated with the work 791 to be performed on the roads or rights-of-way. In an action to 792 recover amounts due for a fee not authorized under this 793 paragraph, the prevailing party may recover court costs and 794 attorney fees at trial and on appeal. In addition to the 795 limitations set forth in this section, a fee levied by a 796 municipality or charter county under this paragraph may not 797 exceed $100. However, permit fees may not be imposed with 798 respect to permits that may be required for service drop lines 799 not required to be noticed under s. 556.108(5) or for any 800 activity that does not require the physical disturbance of the 801 roads or rights-of-way or does not impair access to or full use 802 of the roads or rights-of-way, including, but not limited to, 803 the performance of service restoration work on existing 804 facilities, extensions of such facilities for providing 805 communications services to customers, and the placement of micro 806 wireless facilities in accordance with subparagraph (7)(e)3. 807 1.If a municipality or charter county elects to not 808 require permit fees, the total rate for the local communications 809 services tax as computed under s. 202.20 for that municipality 810 or charter county may be increased by ordinance or resolution by 811 an amount not to exceed a rate of 0.12 percent. 812 2.If a noncharter county elects to not require permit 813 fees, the total rate for the local communications services tax 814 as computed under s. 202.20 for that noncharter county may be 815 increased by ordinance or resolution by an amount not to exceed 816 a rate of 0.24 percent, to replace the revenue the noncharter 817 county would otherwise have received from permit fees for 818 providers of communications services. 819 (d)In addition to any other notice requirements, a 820 municipality must provide to the Secretary of State, at least 10 821 days prior to consideration on first reading, notice of a 822 proposed ordinance governing a telecommunications company 823 placing or maintaining telecommunications facilities in its 824 roads or rights-of-way. In addition to any other notice 825 requirements, a county must provide to the Secretary of State, 826 at least 15 days prior to consideration at a public hearing, 827 notice of a proposed ordinance governing a telecommunications 828 company placing or maintaining telecommunications facilities in 829 its roads or rights-of-way. The notice required by this 830 paragraph must be published by the Secretary of State on a 831 designated Internet website. The failure of a municipality or 832 county to provide such notice does not render the ordinance 833 invalid, provided that enforcement of such ordinance must be 834 suspended until 30 days after the municipality or county 835 provides the required notice. 836 (e)The authority of municipalities and counties to require 837 franchise fees from providers of communications services, with 838 respect to the provision of communications services, is 839 specifically preempted by the state because of unique 840 circumstances applicable to providers of communications services 841 when compared to other utilities occupying municipal or county 842 roads or rights-of-way. Providers of communications services may 843 provide similar services in a manner that requires the placement 844 of facilities in municipal or county roads or rights-of-way or 845 in a manner that does not require the placement of facilities in 846 such roads or rights-of-way. Although similar communications 847 services may be provided by different means, the state desires 848 to treat providers of communications services in a 849 nondiscriminatory manner and to have the taxes, franchise fees, 850 and other fees, costs, and financial or regulatory exactions 851 paid by or imposed on providers of communications services be 852 competitively neutral. Municipalities and counties retain all 853 existing authority, if any, to collect franchise fees from users 854 or occupants of municipal or county roads or rights-of-way other 855 than providers of communications services, and the provisions of 856 this subsection shall have no effect upon this authority. The 857 provisions of this subsection do not restrict the authority, if 858 any, of municipalities or counties or other governmental 859 entities to receive reasonable rental fees based on fair market 860 value for the use of public lands and buildings on property 861 outside the public roads or rights-of-way for the placement of 862 communications antennas and towers. 863 (f)Except as expressly allowed or authorized by general 864 law and except for the rights-of-way permit fees subject to 865 paragraph (c), a municipality or county may not levy on a 866 provider of communications services a tax, fee, or other charge 867 or imposition for operating as a provider of communications 868 services within the jurisdiction of the municipality or county 869 which is in any way related to using its roads or rights-of-way. 870 A municipality or county may not require or solicit in-kind 871 compensation, except as otherwise provided in s. 202.24(2)(c)8. 872 or, provided that the in-kind compensation is not a franchise 873 fee under federal law. Nothing in this paragraph impairs the 874 authority of a municipality or county to request public, 875 educational, or governmental access channels pursuant to s. 876 610.109. Nothing in this paragraph shall impair any ordinance or 877 agreement in effect on May 22, 1998, or any voluntary agreement 878 entered into subsequent to that date, which provides for or 879 allows in-kind compensation by a telecommunications company. 880 (g)A municipality or county may not use its authority over 881 the placement of facilities in its roads and rights-of-way as a 882 basis for asserting or exercising regulatory control over a 883 provider of communications services regarding matters within the 884 exclusive jurisdiction of the Florida Public Service Commission 885 or the Federal Communications Commission, including, but not 886 limited to, the operations, systems, equipment, technology, 887 qualifications, services, service quality, service territory, 888 and prices of a provider of communications services. A 889 municipality or county may not require any permit for the 890 maintenance, repair, replacement, extension, or upgrade of 891 existing aerial wireline communications facilities on utility 892 poles or for aerial wireline facilities between existing 893 wireline communications facility attachments on utility poles by 894 a communications services provider. However, a municipality or 895 county may require a right-of-way permit for work that involves 896 excavation, closure of a sidewalk, or closure of a vehicular 897 lane or parking lane, unless the provider is performing service 898 restoration to existing facilities. A permit application 899 required by an authority under this section for the placement of 900 communications facilities must be processed and acted upon 901 consistent with the timeframes provided in subparagraphs 902 (7)(d)7., 8., and 9. In addition, a municipality or county may 903 not require any permit or other approval, fee, charge, or cost, 904 or other exaction for the maintenance, repair, replacement, 905 extension, or upgrade of existing aerial lines or underground 906 communications facilities located on private property outside of 907 the public rights-of-way. As used in this section, the term 908 extension of existing facilities includes those extensions 909 from the rights-of-way into a customers private property for 910 purposes of placing a service drop or those extensions from the 911 rights-of-way into a utility easement to provide service to a 912 discrete identifiable customer or group of customers. 913 (h)A provider of communications services that has obtained 914 permission to occupy the roads or rights-of-way of an 915 incorporated municipality pursuant to s. 362.01 or that is 916 otherwise lawfully occupying the roads or rights-of-way of a 917 municipality or county shall not be required to obtain consent 918 to continue such lawful occupation of those roads or rights-of 919 way; however, nothing in this paragraph shall be interpreted to 920 limit the power of a municipality or county to adopt or enforce 921 reasonable rules or regulations as provided in this section and 922 consistent with chapters 202, 364, and 610. Any such rules or 923 regulations must be in writing, and registered providers of 924 communications services in the municipality or county must be 925 given at least 60 days advance written notice of any changes to 926 the rules and regulations. 927 (i)Except as expressly provided in this section, this 928 section does not modify the authority of municipalities and 929 counties to levy the tax authorized in chapter 202 or the duties 930 of providers of communications services under ss. 337.402 931 337.404. This section does not apply to building permits, pole 932 attachments, or private roads, private easements, and private 933 rights-of-way. 934 (j)Notwithstanding the provisions of s. 202.19, when a 935 local communications services tax rate is changed as a result of 936 an election made or changed under this subsection, such rate may 937 not be rounded to tenths. 938 (6) 939 (d)The amounts charged pursuant to this subsection shall 940 be based on the linear miles of roads or rights-of-way where a 941 communications facility is placed, not based on a summation of 942 the lengths of individual cables, conduits, strands, or fibers. 943 The amounts referenced in this subsection may be charged only 944 once annually and only to one person annually for any 945 communications facility. A municipality or county shall 946 discontinue charging such amounts to a person that has ceased to 947 be a pass-through provider. Any annual amounts charged shall be 948 reduced for a prorated portion of any 12-month period during 949 which the person remits taxes imposed by the municipality or 950 county pursuant to chapter 202. Any excess amounts paid to a 951 municipality or county shall be refunded to the person upon 952 written notice of the excess to the municipality or county. A 953 municipality or county may require a pass-through provider to 954 provide an annual notarized statement identifying the total 955 number of linear miles of pass-through facilities in the 956 municipalitys or countys rights-of-way. Upon request from a 957 municipality or county, a pass-through provider must provide 958 reasonable access to maps of pass-through facilities located in 959 the rights-of-way of the municipality or county making the 960 request. The scope of the request must be limited to only those 961 maps of pass-through facilities from which the calculation of 962 the linear miles of pass-through facilities in the rights-of-way 963 can be determined. The request must be accompanied by an 964 affidavit that the person making the request is authorized by 965 the municipality or county to review tax information related to 966 the revenue and mileage calculations for pass-through providers. 967 A request may not be made more than once annually to a pass 968 through provider. 969 (7)(a)This subsection may be cited as the Advanced 970 Wireless Infrastructure Deployment Act. 971 (b)As used in this subsection, the term: 972 1.Antenna means communications equipment that transmits 973 or receives electromagnetic radio frequency signals used in 974 providing wireless services. 975 2.Applicable codes means uniform building, fire, 976 electrical, plumbing, or mechanical codes adopted by a 977 recognized national code organization or local amendments to 978 those codes enacted solely to address threats of destruction of 979 property or injury to persons, and includes the National 980 Electric Safety Code and the 2017 edition of the Florida 981 Department of Transportation Utility Accommodation Manual. 982 3.Applicant means a person who submits an application 983 and is a wireless provider. 984 4.Application means a request submitted by an applicant 985 to an authority for a permit to collocate small wireless 986 facilities or to place a new utility pole used to support a 987 small wireless facility. 988 5.Authority means a county or municipality having 989 jurisdiction and control of the rights-of-way of any public 990 road. The term does not include the Department of 991 Transportation. Rights-of-way under the jurisdiction and control 992 of the department are excluded from this subsection. 993 6.Authority utility pole means a utility pole owned by 994 an authority in the right-of-way. The term does not include a 995 utility pole owned by a municipal electric utility, a utility 996 pole used to support municipally owned or operated electric 997 distribution facilities, or a utility pole located in the right 998 of-way within: 999 a.A retirement community that: 1000 (I)Is deed restricted as housing for older persons as 1001 defined in s. 760.29(4)(b); 1002 (II)Has more than 5,000 residents; and 1003 (III)Has underground utilities for electric transmission 1004 or distribution. 1005 b.A municipality that: 1006 (I)Is located on a coastal barrier island as defined in s. 1007 161.053(1)(b)3.; 1008 (II)Has a land area of less than 5 square miles; 1009 (III)Has less than 10,000 residents; and 1010 (IV)Has, before July 1, 2017, received referendum approval 1011 to issue debt to finance municipal-wide undergrounding of its 1012 utilities for electric transmission or distribution. 1013 7.Collocate or collocation means to install, mount, 1014 maintain, modify, operate, or replace one or more wireless 1015 facilities on, under, within, or adjacent to a wireless support 1016 structure or utility pole. The term does not include the 1017 installation of a new utility pole or wireless support structure 1018 in the public rights-of-way. 1019 8.FCC means the Federal Communications Commission. 1020 9.Micro wireless facility means a small wireless 1021 facility having dimensions no larger than 24 inches in length, 1022 15 inches in width, and 12 inches in height and an exterior 1023 antenna, if any, no longer than 11 inches. 1024 10.Small wireless facility means a wireless facility 1025 that meets the following qualifications: 1026 a.Each antenna associated with the facility is located 1027 inside an enclosure of no more than 6 cubic feet in volume or, 1028 in the case of antennas that have exposed elements, each antenna 1029 and all of its exposed elements could fit within an enclosure of 1030 no more than 6 cubic feet in volume; and 1031 b.All other wireless equipment associated with the 1032 facility is cumulatively no more than 28 cubic feet in volume. 1033 The following types of associated ancillary equipment are not 1034 included in the calculation of equipment volume: electric 1035 meters, concealment elements, telecommunications demarcation 1036 boxes, ground-based enclosures, grounding equipment, power 1037 transfer switches, cutoff switches, vertical cable runs for the 1038 connection of power and other services, and utility poles or 1039 other support structures. 1040 11.Utility pole means a pole or similar structure that 1041 is used in whole or in part to provide communications services 1042 or for electric distribution, lighting, traffic control, 1043 signage, or a similar function. The term includes the vertical 1044 support structure for traffic lights but does not include a 1045 horizontal structure to which signal lights or other traffic 1046 control devices are attached and does not include a pole or 1047 similar structure 15 feet in height or less unless an authority 1048 grants a waiver for such pole. 1049 12.Wireless facility means equipment at a fixed location 1050 which enables wireless communications between user equipment and 1051 a communications network, including radio transceivers, 1052 antennas, wires, coaxial or fiber-optic cable or other cables, 1053 regular and backup power supplies, and comparable equipment, 1054 regardless of technological configuration, and equipment 1055 associated with wireless communications. The term includes small 1056 wireless facilities. The term does not include: 1057 a.The structure or improvements on, under, within, or 1058 adjacent to the structure on which the equipment is collocated; 1059 b.Wireline backhaul facilities; or 1060 c.Coaxial or fiber-optic cable that is between wireless 1061 structures or utility poles or that is otherwise not immediately 1062 adjacent to or directly associated with a particular antenna. 1063 13.Wireless infrastructure provider means a person who 1064 has been certificated under chapter 364 to provide 1065 telecommunications service or under chapter 610 to provide cable 1066 or video services in this state, or that persons affiliate, and 1067 who builds or installs wireless communication transmission 1068 equipment, wireless facilities, or wireless support structures 1069 but is not a wireless services provider. 1070 14.Wireless provider means a wireless infrastructure 1071 provider or a wireless services provider. 1072 15.Wireless services means any services provided using 1073 licensed or unlicensed spectrum, whether at a fixed location or 1074 mobile, using wireless facilities. 1075 16.Wireless services provider means a person who 1076 provides wireless services. 1077 17.Wireless support structure means a freestanding 1078 structure, such as a monopole, a guyed or self-supporting tower, 1079 or another existing or proposed structure designed to support or 1080 capable of supporting wireless facilities. The term does not 1081 include a utility pole, pedestal, or other support structure for 1082 ground-based equipment not mounted on a utility pole and less 1083 than 5 feet in height. 1084 (c)Except as provided in this subsection, an authority may 1085 not prohibit, regulate, or charge for the collocation of small 1086 wireless facilities in the public rights-of-way or for the 1087 installation, maintenance, modification, operation, or 1088 replacement of utility poles used for the collocation of small 1089 wireless facilities in the public rights-of-way. 1090 (d)An authority may require a registration process and 1091 permit fees in accordance with subsection (3). An authority 1092 shall accept applications for permits and shall process and 1093 issue permits subject to the following requirements: 1094 1.An authority may not directly or indirectly require an 1095 applicant to perform services unrelated to the collocation for 1096 which approval is sought, such as in-kind contributions to the 1097 authority, including reserving fiber, conduit, or pole space for 1098 the authority. 1099 2.An applicant may not be required to provide more 1100 information to obtain a permit than is necessary to demonstrate 1101 the applicants compliance with applicable codes for the 1102 placement of small wireless facilities in the locations 1103 identified in the application. An applicant may not be required 1104 to provide inventories, maps, or locations of communications 1105 facilities in the right-of-way other than as necessary to avoid 1106 interference with other at-grade or aerial facilities located at 1107 the specific location proposed for a small wireless facility or 1108 within 50 feet of such location. 1109 3.An authority may not: 1110 a.Require the placement of small wireless facilities on 1111 any specific utility pole or category of poles; 1112 b.Require the placement of multiple antenna systems on a 1113 single utility pole; 1114 c.Require a demonstration that collocation of a small 1115 wireless facility on an existing structure is not legally or 1116 technically possible as a condition for granting a permit for 1117 the collocation of a small wireless facility on a new utility 1118 pole except as provided in paragraph (i); 1119 d.Require compliance with an authoritys provisions 1120 regarding placement of small wireless facilities or a new 1121 utility pole used to support a small wireless facility in 1122 rights-of-way under the control of the department unless the 1123 authority has received a delegation from the department for the 1124 location of the small wireless facility or utility pole, or 1125 require such compliance as a condition to receive a permit that 1126 is ancillary to the permit for collocation of a small wireless 1127 facility, including an electrical permit; 1128 e.Require a meeting before filing an application; 1129 f.Require direct or indirect public notification or a 1130 public meeting for the placement of communication facilities in 1131 the right-of-way; 1132 g.Limit the size or configuration of a small wireless 1133 facility or any of its components, if the small wireless 1134 facility complies with the size limits in this subsection; 1135 h.Prohibit the installation of a new utility pole used to 1136 support the collocation of a small wireless facility if the 1137 installation otherwise meets the requirements of this 1138 subsection; or 1139 i.Require that any component of a small wireless facility 1140 be placed underground except as provided in paragraph (i). 1141 4.Subject to paragraph (r), an authority may not limit the 1142 placement, by minimum separation distances, of small wireless 1143 facilities, utility poles on which small wireless facilities are 1144 or will be collocated, or other at-grade communications 1145 facilities. However, within 14 days after the date of filing the 1146 application, an authority may request that the proposed location 1147 of a small wireless facility be moved to another location in the 1148 right-of-way and placed on an alternative authority utility pole 1149 or support structure or placed on a new utility pole. The 1150 authority and the applicant may negotiate the alternative 1151 location, including any objective design standards and 1152 reasonable spacing requirements for ground-based equipment, for 1153 30 days after the date of the request. At the conclusion of the 1154 negotiation period, if the alternative location is accepted by 1155 the applicant, the applicant must notify the authority of such 1156 acceptance and the application shall be deemed granted for any 1157 new location for which there is agreement and all other 1158 locations in the application. If an agreement is not reached, 1159 the applicant must notify the authority of such nonagreement and 1160 the authority must grant or deny the original application within 1161 90 days after the date the application was filed. A request for 1162 an alternative location, an acceptance of an alternative 1163 location, or a rejection of an alternative location must be in 1164 writing and provided by electronic mail. 1165 5.An authority shall limit the height of a small wireless 1166 facility to 10 feet above the utility pole or structure upon 1167 which the small wireless facility is to be collocated. Unless 1168 waived by an authority, the height for a new utility pole is 1169 limited to the tallest existing utility pole as of July 1, 2017, 1170 located in the same right-of-way, other than a utility pole for 1171 which a waiver has previously been granted, measured from grade 1172 in place within 500 feet of the proposed location of the small 1173 wireless facility. If there is no utility pole within 500 feet, 1174 the authority shall limit the height of the utility pole to 50 1175 feet. 1176 6.The installation by a communications services provider 1177 of a utility pole in the public rights-of-way, other than a 1178 utility pole used to support a small wireless facility, is 1179 subject to authority rules or regulations governing the 1180 placement of utility poles in the public rights-of-way. 1181 7.Within 14 days after receiving an application, an 1182 authority must determine and notify the applicant by electronic 1183 mail as to whether the application is complete. If an 1184 application is deemed incomplete, the authority must 1185 specifically identify the missing information. An application is 1186 deemed complete if the authority fails to provide notification 1187 to the applicant within 14 days. 1188 8.An application must be processed on a nondiscriminatory 1189 basis. A complete application is deemed approved if an authority 1190 fails to approve or deny the application within 60 days after 1191 receipt of the application. If an authority does not use the 30 1192 day negotiation period provided in subparagraph 4., the parties 1193 may mutually agree to extend the 60-day application review 1194 period. The authority shall grant or deny the application at the 1195 end of the extended period. A permit issued pursuant to an 1196 approved application shall remain effective for 1 year unless 1197 extended by the authority. 1198 9.An authority must notify the applicant of approval or 1199 denial by electronic mail. An authority shall approve a complete 1200 application unless it does not meet the authoritys applicable 1201 codes. If the application is denied, the authority must specify 1202 in writing the basis for denial, including the specific code 1203 provisions on which the denial was based, and send the 1204 documentation to the applicant by electronic mail on the day the 1205 authority denies the application. The applicant may cure the 1206 deficiencies identified by the authority and resubmit the 1207 application within 30 days after notice of the denial is sent to 1208 the applicant. The authority shall approve or deny the revised 1209 application within 30 days after receipt or the application is 1210 deemed approved. The review of a revised application is limited 1211 to the deficiencies cited in the denial. If an authority 1212 provides for administrative review of the denial of an 1213 application, the review must be complete and a written decision 1214 issued within 45 days after a written request for review is 1215 made. A denial must identify the specific code provisions on 1216 which the denial is based. If the administrative review is not 1217 complete within 45 days, the authority waives any claim 1218 regarding failure to exhaust administrative remedies in any 1219 judicial review of the denial of an application. 1220 10.An applicant seeking to collocate small wireless 1221 facilities within the jurisdiction of a single authority may, at 1222 the applicants discretion, file a consolidated application and 1223 receive a single permit for the collocation of up to 30 small 1224 wireless facilities. If the application includes multiple small 1225 wireless facilities, an authority may separately address small 1226 wireless facility collocations for which incomplete information 1227 has been received or which are denied. 1228 11.An authority may deny an application to collocate a 1229 small wireless facility or place a utility pole used to support 1230 a small wireless facility in the public rights-of-way if the 1231 proposed small wireless facility or utility pole used to support 1232 a small wireless facility: 1233 a.Materially interferes with the safe operation of traffic 1234 control equipment. 1235 b.Materially interferes with sight lines or clear zones 1236 for transportation, pedestrians, or public safety purposes. 1237 c.Materially interferes with compliance with the Americans 1238 with Disabilities Act or similar federal or state standards 1239 regarding pedestrian access or movement. 1240 d.Materially fails to comply with the 2017 edition of the 1241 Florida Department of Transportation Utility Accommodation 1242 Manual. 1243 e.Fails to comply with applicable codes. 1244 f.Fails to comply with objective design standards 1245 authorized under paragraph (r). 1246 12.An authority may adopt by ordinance provisions for 1247 insurance coverage, indemnification, force majeure, abandonment, 1248 authority liability, or authority warranties. Such provisions 1249 must be reasonable and nondiscriminatory. An authority may 1250 require a construction bond to secure restoration of the 1251 postconstruction rights-of-way to the preconstruction condition. 1252 However, such bond must be time-limited to not more than 18 1253 months after the construction to which the bond applies is 1254 completed. For any financial obligation required by an authority 1255 allowed under this section, the authority shall accept a letter 1256 of credit or similar financial instrument issued by any 1257 financial institution that is authorized to do business within 1258 the United States, provided that a claim against the financial 1259 instrument may be made by electronic means, including by 1260 facsimile. A provider of communications services may add an 1261 authority to any existing bond, insurance policy, or other 1262 relevant financial instrument, and the authority must accept 1263 such proof of coverage without any conditions other than consent 1264 to venue for purposes of any litigation to which the authority 1265 is a party. An authority may not require a communications 1266 services provider to indemnify it for liabilities not caused by 1267 the provider, including liabilities arising from the authoritys 1268 negligence, gross negligence, or willful conduct. 1269 13.Collocation of a small wireless facility on an 1270 authority utility pole does not provide the basis for the 1271 imposition of an ad valorem tax on the authority utility pole. 1272 14.An authority may reserve space on authority utility 1273 poles for future public safety uses. However, a reservation of 1274 space may not preclude collocation of a small wireless facility. 1275 If replacement of the authority utility pole is necessary to 1276 accommodate the collocation of the small wireless facility and 1277 the future public safety use, the pole replacement is subject to 1278 make-ready provisions and the replaced pole shall accommodate 1279 the future public safety use. 1280 15.A structure granted a permit and installed pursuant to 1281 this subsection shall comply with chapter 333 and federal 1282 regulations pertaining to airport airspace protections. 1283 (e)An authority may not require any permit or other 1284 approval or require fees or other charges, costs, or other 1285 exactions for: 1286 1.Routine maintenance, the performance of service 1287 restoration work on existing facilities, or repair work, 1288 including, but not limited to, emergency repairs of existing 1289 facilities or extensions of such facilities for providing 1290 communications services to customers; 1291 2.Replacement of existing wireless facilities with 1292 wireless facilities that are substantially similar or of the 1293 same or smaller size; or 1294 3.Installation, placement, maintenance, or replacement of 1295 micro wireless facilities that are suspended on cables strung 1296 between existing utility poles in compliance with applicable 1297 codes by or for a communications services provider authorized to 1298 occupy the rights-of-way and who is remitting taxes under 1299 chapter 202. An authority may require an initial letter from or 1300 on behalf of such provider, which is effective upon filing, 1301 attesting that the micro wireless facility dimensions comply 1302 with the limits of this subsection. The authority may not 1303 require any additional filing or other information as long as 1304 the provider is deploying the same, a substantially similar, or 1305 a smaller size micro wireless facility equipment. 1306 1307 Notwithstanding this paragraph, an authority may require a 1308 right-of-way permit for work that involves excavation, closure 1309 of a sidewalk, or closure of a vehicular lane or parking lane, 1310 unless the provider is performing service restoration on an 1311 existing facility and the work is done in compliance with the 1312 2017 edition of the Florida Department of Transportation Utility 1313 Accommodation Manual. An authority may require notice of such 1314 work within 30 days after restoration and may require an after 1315 the-fact permit for work which would otherwise have required a 1316 permit. 1317 (f)Collocation of small wireless facilities on authority 1318 utility poles is subject to the following requirements: 1319 1.An authority may not enter into an exclusive arrangement 1320 with any person for the right to attach equipment to authority 1321 utility poles. 1322 2.The rates and fees for collocations on authority utility 1323 poles must be nondiscriminatory, regardless of the services 1324 provided by the collocating person. 1325 3.The rate to collocate small wireless facilities on an 1326 authority utility pole may not exceed $150 per pole annually. 1327 4.Agreements between authorities and wireless providers 1328 that are in effect on July 1, 2017, and that relate to the 1329 collocation of small wireless facilities in the right-of-way, 1330 including the collocation of small wireless facilities on 1331 authority utility poles, remain in effect, subject to applicable 1332 termination provisions. The wireless provider may accept the 1333 rates, fees, and terms established under this subsection for 1334 small wireless facilities and utility poles that are the subject 1335 of an application submitted after the rates, fees, and terms 1336 become effective. 1337 5.A person owning or controlling an authority utility pole 1338 shall offer rates, fees, and other terms that comply with this 1339 subsection. By the later of January 1, 2018, or 3 months after 1340 receiving a request to collocate its first small wireless 1341 facility on a utility pole owned or controlled by an authority, 1342 the person owning or controlling the authority utility pole 1343 shall make available, through ordinance or otherwise, rates, 1344 fees, and terms for the collocation of small wireless facilities 1345 on the authority utility pole which comply with this subsection. 1346 a.The rates, fees, and terms must be nondiscriminatory and 1347 competitively neutral and must comply with this subsection. 1348 b.For an authority utility pole that supports an aerial 1349 facility used to provide communications services or electric 1350 service, the parties shall comply with the process for make 1351 ready work under 47 U.S.C. s. 224 and implementing regulations. 1352 The good faith estimate of the person owning or controlling the 1353 pole for any make-ready work necessary to enable the pole to 1354 support the requested collocation must include pole replacement 1355 if necessary. 1356 c.For an authority utility pole that does not support an 1357 aerial facility used to provide communications services or 1358 electric service, the authority shall provide a good faith 1359 estimate for any make-ready work necessary to enable the pole to 1360 support the requested collocation, including necessary pole 1361 replacement, within 60 days after receipt of a complete 1362 application. Make-ready work, including any pole replacement, 1363 must be completed within 60 days after written acceptance of the 1364 good faith estimate by the applicant. Alternatively, an 1365 authority may require the applicant seeking to collocate a small 1366 wireless facility to provide a make-ready estimate at the 1367 applicants expense for the work necessary to support the small 1368 wireless facility, including pole replacement, and perform the 1369 make-ready work. If pole replacement is required, the scope of 1370 the make-ready estimate is limited to the design, fabrication, 1371 and installation of a utility pole that is substantially similar 1372 in color and composition. The authority may not condition or 1373 restrict the manner in which the applicant obtains, develops, or 1374 provides the estimate or conducts the make-ready work subject to 1375 usual construction restoration standards for work in the right 1376 of-way. The replaced or altered utility pole shall remain the 1377 property of the authority. 1378 d.An authority may not require more make-ready work than 1379 is required to meet applicable codes or industry standards. Fees 1380 for make-ready work may not include costs related to preexisting 1381 damage or prior noncompliance. Fees for make-ready work, 1382 including any pole replacement, may not exceed actual costs or 1383 the amount charged to communications services providers other 1384 than wireless services providers for similar work and may not 1385 include any consultant fee or expense. 1386 (g)For any applications filed before the effective date of 1387 ordinances implementing this subsection, an authority may apply 1388 current ordinances relating to placement of communications 1389 facilities in the right-of-way related to registration, 1390 permitting, insurance coverage, indemnification, force majeure, 1391 abandonment, authority liability, or authority warranties. 1392 Permit application requirements and small wireless facility 1393 placement requirements, including utility pole height limits, 1394 that conflict with this subsection must be waived by the 1395 authority. An authority may not institute, either expressly or 1396 de facto, a moratorium, zoning-in-progress, or other mechanism 1397 that would prohibit or delay the filing, receiving, or 1398 processing of registrations, applications, or issuing of permits 1399 or other approvals for the collocation of small wireless 1400 facilities or the installation, modification, or replacement of 1401 utility poles used to support the collocation of small wireless 1402 facilities. 1403 (h)Except as provided in this section or specifically 1404 required by state law, an authority may not adopt or enforce any 1405 regulation on the placement or operation of communications 1406 facilities in the rights-of-way by a provider authorized by 1407 state law to operate in the rights-of-way and may not regulate 1408 any communications services or impose or collect any tax, fee, 1409 or charge not specifically authorized under state law. This 1410 paragraph does not alter any law regarding an authoritys 1411 ability to regulate the relocation of facilities. 1412 (i)1.In an area where an authority has required all public 1413 utility lines in the rights-of-way to be placed underground, a 1414 wireless provider must comply with written, objective, 1415 reasonable, and nondiscriminatory requirements that prohibit new 1416 utility poles used to support small wireless facilities if: 1417 a.The authority, at least 90 days prior to the submission 1418 of an application, has required all public utility lines to be 1419 placed underground; 1420 b.Structures that the authority allows to remain above 1421 ground are reasonably available to wireless providers for the 1422 collocation of small wireless facilities and may be replaced by 1423 a wireless provider to accommodate the collocation of small 1424 wireless facilities; and 1425 c.A wireless provider may install a new utility pole in 1426 the designated area in the right-of-way that otherwise complies 1427 with this subsection and it is not reasonably able to provide 1428 wireless service by collocating on a remaining utility pole or 1429 other structure in the right-of-way. 1430 2.For small wireless facilities installed before an 1431 authority adopts requirements that public utility lines be 1432 placed underground, an authority adopting such requirements 1433 must: 1434 a.Allow a wireless provider to maintain the small wireless 1435 facilities in place subject to any applicable pole attachment 1436 agreement with the pole owner; or 1437 b.Allow the wireless provider to replace the associated 1438 pole within 50 feet of the prior location in accordance with 1439 paragraph (r). 1440 (j)A wireless infrastructure provider may apply to an 1441 authority to place utility poles in the public rights-of-way to 1442 support the collocation of small wireless facilities. The 1443 application must include an attestation that small wireless 1444 facilities will be collocated on the utility pole or structure 1445 and will be used by a wireless services provider to provide 1446 service within 9 months after the date the application is 1447 approved. The authority shall accept and process the application 1448 in accordance with subparagraph (d)6. and any applicable codes 1449 and other local codes governing the placement of utility poles 1450 in the public rights-of-way. 1451 (k)This subsection does not limit a local governments 1452 authority to enforce historic preservation zoning regulations 1453 consistent with the preservation of local zoning authority under 1454 47 U.S.C. s. 332(c)(7), the requirements for facility 1455 modifications under 47 U.S.C. s. 1455(a), or the National 1456 Historic Preservation Act of 1966, as amended, and the 1457 regulations adopted to implement such laws. An authority may 1458 enforce local codes, administrative rules, or regulations 1459 adopted by ordinance in effect on April 1, 2017, which are 1460 applicable to a historic area designated by the state or 1461 authority. An authority may enforce pending local ordinances, 1462 administrative rules, or regulations applicable to a historic 1463 area designated by the state if the intent to adopt such changes 1464 has been publicly declared on or before April 1, 2017. An 1465 authority may waive any ordinances or other requirements that 1466 are subject to this paragraph. 1467 (l)This subsection does not authorize a person to 1468 collocate or attach wireless facilities, including any antenna, 1469 micro wireless facility, or small wireless facility, on a 1470 privately owned utility pole, a utility pole owned by an 1471 electric cooperative or a municipal electric utility, a 1472 privately owned wireless support structure, or other private 1473 property without the consent of the property owner. 1474 (m)The approval of the installation, placement, 1475 maintenance, or operation of a small wireless facility pursuant 1476 to this subsection does not authorize the provision of any 1477 voice, data, or video communications services or the 1478 installation, placement, maintenance, or operation of any 1479 communications facilities other than small wireless facilities 1480 in the right-of-way. 1481 (n)This subsection does not affect provisions relating to 1482 pass-through providers in subsection (6). 1483 (o)This subsection does not authorize a person to 1484 collocate or attach small wireless facilities or micro wireless 1485 facilities on a utility pole, unless otherwise permitted by 1486 federal law, or erect a wireless support structure in the right 1487 of-way located within a retirement community that: 1488 1.Is deed restricted as housing for older persons as 1489 defined in s. 760.29(4)(b); 1490 2.Has more than 5,000 residents; and 1491 3.Has underground utilities for electric transmission or 1492 distribution. 1493 1494 This paragraph does not apply to the installation, placement, 1495 maintenance, or replacement of micro wireless facilities on any 1496 existing and duly authorized aerial communications facilities, 1497 provided that once aerial facilities are converted to 1498 underground facilities, any such collocation or construction 1499 shall be only as provided by the municipalitys underground 1500 utilities ordinance. 1501 (p)This subsection does not authorize a person to 1502 collocate or attach small wireless facilities or micro wireless 1503 facilities on a utility pole, unless otherwise permitted by 1504 federal law, or erect a wireless support structure in the right 1505 of-way located within a municipality that: 1506 1.Is located on a coastal barrier island as defined in s. 1507 161.053(1)(b)3.; 1508 2.Has a land area of less than 5 square miles; 1509 3.Has fewer than 10,000 residents; and 1510 4.Has, before July 1, 2017, received referendum approval 1511 to issue debt to finance municipal-wide undergrounding of its 1512 utilities for electric transmission or distribution. 1513 1514 This paragraph does not apply to the installation, placement, 1515 maintenance, or replacement of micro wireless facilities on any 1516 existing and duly authorized aerial communications facilities, 1517 provided that once aerial facilities are converted to 1518 underground facilities, any such collocation or construction 1519 shall be only as provided by the municipalitys underground 1520 utilities ordinance. 1521 (q)This subsection does not authorize a person to 1522 collocate small wireless facilities or micro wireless facilities 1523 on an authority utility pole or erect a wireless support 1524 structure in a location subject to covenants, conditions, 1525 restrictions, articles of incorporation, and bylaws of a 1526 homeowners association. This paragraph does not apply to the 1527 installation, placement, maintenance, or replacement of micro 1528 wireless facilities on any existing and duly authorized aerial 1529 communications facilities. 1530 (r)An authority may require wireless providers to comply 1531 with objective design standards adopted by ordinance. The 1532 ordinance may only require: 1533 1.A new utility pole that replaces an existing utility 1534 pole to be of substantially similar design, material, and color; 1535 2.Reasonable spacing requirements concerning the location 1536 of a ground-mounted component of a small wireless facility which 1537 does not exceed 15 feet from the associated support structure; 1538 or 1539 3.A small wireless facility to meet reasonable location 1540 context, color, camouflage, and concealment requirements, 1541 subject to the limitations in this subsection; and 1542 4.A new utility pole used to support a small wireless 1543 facility to meet reasonable location context, color, and 1544 material of the predominant utility pole type at the proposed 1545 location of the new utility pole. 1546 1547 Such design standards under this paragraph may be waived by the 1548 authority upon a showing that the design standards are not 1549 reasonably compatible for the particular location of a small 1550 wireless facility or utility pole or are technically infeasible 1551 or that the design standards impose an excessive expense. The 1552 waiver must be granted or denied within 45 days after the date 1553 of the request. 1554 (8)(a)Any person aggrieved by a violation of this section 1555 may bring a civil action in a United States District Court or in 1556 any other court of competent jurisdiction. 1557 (b)The court may: 1558 1.Grant temporary or permanent injunctions on terms as it 1559 may deem reasonable to prevent or restrain violations of this 1560 section; and 1561 2.Direct the recovery of full costs, including awarding 1562 reasonable attorney fees, to the party who prevails. 1563 (9)All work in the authoritys rights-of-way under this 1564 section must comply with the 2017 edition of the Florida 1565 Department of Transportation Utility Accommodation Manual. 1566 Section 23.Paragraphs (a) through (e), (k), and (l) of 1567 subsection (2) and subsections (4) and (6) of section 350.81, 1568 Florida Statutes, are amended to read: 1569 350.81Communications services offered by governmental 1570 entities. 1571 (2)(a)A governmental entity that proposes to provide a 1572 communications service shall hold no less than two public 1573 hearings, which shall be held not less than 30 days apart. At 1574 least 30 days before the first of the two public hearings, The 1575 governmental entity must give notice of the hearing in the 1576 predominant newspaper of general circulation in the area 1577 considered for service. At least 40 days before the first public 1578 hearing, the governmental entity must electronically provide 1579 notice to the Department of Revenue and the Public Service 1580 Commission, which shall post the notice on the departments and 1581 the commissions website to be available to the public. The 1582 Department of Revenue shall also send the notice by United 1583 States Postal Service to the known addresses for all dealers of 1584 communications services registered with the department under 1585 chapter 202 or provide an electronic notification, if the means 1586 are available, within 10 days after receiving the notice. The 1587 notice must include the time and place of the hearings and must 1588 state that the purpose of the hearings is to consider whether 1589 the governmental entity will provide communications services. 1590 The notice must include, at a minimum, the geographic areas 1591 proposed to be served by the governmental entity and the 1592 services, if any, which the governmental entity believes are not 1593 currently being adequately provided. The notice must also state 1594 that any dealer who wishes to do so may appear and be heard at 1595 the public hearings. 1596 (b)At a public hearing required by this subsection, a 1597 governmental entity must, at a minimum, consider: 1598 1.Whether the service that is proposed to be provided is 1599 currently being offered in the community and, if so, whether the 1600 service is generally available throughout the community. 1601 2.Whether a similar service is currently being offered in 1602 the community and, if so, whether the service is generally 1603 available throughout the community. 1604 3.If the same or similar service is not currently offered, 1605 whether any other service provider proposes to offer the same or 1606 a similar service and, if so, what assurances that service 1607 provider is willing or able to offer regarding the same or 1608 similar service. 1609 3.4.The capital investment required by the government 1610 entity to provide the communications service, the estimated 1611 realistic cost of operation and maintenance and, using a full 1612 cost-accounting method, the estimated realistic revenues and 1613 expenses of providing the service and the proposed method of 1614 financing. 1615 4.5.The private and public costs and benefits of providing 1616 the service by a private entity or a governmental entity, 1617 including the affect on existing and future jobs, actual 1618 economic development prospects, tax-base growth, education, and 1619 public health. 1620 (c)At one or more of the public hearings under this 1621 subsection, the governmental entity must make available to the 1622 public a written business plan for the proposed communications 1623 service venture containing, at a minimum: 1624 1.The projected number of subscribers to be served by the 1625 venture. 1626 2.The geographic area to be served by the venture. 1627 3.The types of communications services to be provided. 1628 4.A plan to ensure that revenues exceed operating expenses 1629 and payment of principal and interest on debt within 4 years. 1630 5.Estimated capital and operational costs and revenues for 1631 the first 4 years. 1632 6.Projected network modernization and technological 1633 upgrade plans, including estimated costs. 1634 (d)After making specific findings regarding the factors in 1635 paragraphs (b) and (c), The governmental entity may authorize 1636 providing a communications service by a majority recorded vote 1637 and by resolution, ordinance, or other formal means of adoption. 1638 (e)1.The governing body of a governmental entity may issue 1639 one or more bonds to finance the capital costs for facilities to 1640 provide a communications service. However: 1641 1.A governmental entity may only pledge revenues in 1642 support of the issuance of any bond to finance providing a 1643 communications service: 1644 a.Within the county in which the governmental entity is 1645 located; 1646 b.Within an area in which the governmental entity provides 1647 electric service outside its home county under an electric 1648 service territorial agreement approved by the Public Service 1649 Commission before the effective date of this act; or 1650 c.If the governmental entity is a municipality or special 1651 district, within its corporate limits or in an area in which the 1652 municipality or special district provides water, wastewater, 1653 electric, or natural gas service, or within an urban service 1654 area designated in a comprehensive plan, whichever is larger, 1655 unless the municipality or special district obtains the consent 1656 by formal action of the governmental entity within the 1657 boundaries of which the municipality or special district 1658 proposes to provide service. For consent to be effective, any 1659 governmental entity from which consent is sought shall be 1660 located within the county in which the governmental entity is 1661 located or that county. 1662 2.Revenue bonds issued in order to finance providing a 1663 communications service are not subject to the approval of the 1664 electors if the revenue bonds mature within 15 years. Revenue 1665 bonds issued to finance providing a communications service that 1666 does not mature within 15 years must be approved by the 1667 electors. The election must be conducted as specified in chapter 1668 100. 1669 (k)The governmental entity shall conduct an annual review 1670 at a formal public meeting to consider the progress the 1671 governmental entity is making toward reaching its business plan 1672 goals and objectives for providing communication services. At 1673 the public meeting the governmental entity shall review the 1674 related revenues, operating expenses, and payment of interest on 1675 debt. 1676 (l)If, after 4 years following the initiation of the 1677 provision of communications services by a governmental entity or 1678 4 years after the effective date of this act, whichever is 1679 later, revenues do not exceed operating expenses and payment of 1680 principal and interest on the debt for a governmental entitys 1681 provision of communications services, no later than 60 days 1682 following the end of the 4-year period a governmental entity 1683 shall hold a public hearing at which the governmental entity 1684 shall do at least one of the following: 1685 1.Approve a plan to cease providing communications 1686 services; 1687 2.Approve a plan to dispose of the system the governmental 1688 entity is using to provide communications services and, 1689 accordingly, to cease providing communications services; 1690 3.Approve a plan to create a partnership with a private 1691 entity in order to achieve operations in which revenues exceed 1692 operating expenses and payment of principal and interest on 1693 debt; or 1694 4.Approve the continuing provision of communications 1695 services by a majority vote of the governing body of the 1696 governing authority. 1697 (4)(a)If a governmental entity was providing, as of April 1698 1, 2005, advanced services, cable services, or 1699 telecommunications services, then it is not required to comply 1700 with paragraph (2)(a), paragraph (2)(b), paragraph (2)(c), 1701 paragraph (2)(d), sub-subparagraph (2)(e)1.c., paragraph (2)(f), 1702 or paragraph (2)(k) in order to continue to provide advanced 1703 services, cable services, or telecommunications services, 1704 respectively, but it must comply with and be subject to all 1705 other provisions of this section. 1706 (b)If a governmental entity, as of April 1, 2005, had 1707 issued debt pledging revenues from an advanced service, cable 1708 service, or telecommunications service, then it is not required 1709 to comply with paragraph (2)(a), paragraph (2)(b), paragraph 1710 (2)(c), paragraph (2)(d), sub-subparagraph (2)(e)1.c., paragraph 1711 (2)(f), or paragraph (2)(k) in order to provide advanced 1712 services, cable services, or telecommunications services, 1713 respectively, but it must comply with and be subject to all 1714 other provisions of this section. 1715 (c)If a governmental entity, as of April 1, 2005, has 1716 purchased equipment specifically for the provisioning of 1717 advanced service, cable service, or telecommunication service, 1718 and, as of May 6, 2005, has a population of less than 7,500, and 1719 has authorized by formal action the providing of an advanced 1720 service, cable service, or telecommunication service, then it is 1721 not required to comply with paragraph (2)(a), paragraph (2)(b), 1722 paragraph (2)(c), paragraph (2)(d), sub-subparagraph (2)(e)1.c., 1723 paragraph (2)(f), or paragraph (2)(k) in order to provide 1724 advanced service, cable service, or telecommunication service, 1725 respectively, but it must comply with and be subject to all 1726 other provisions of this section. 1727 1728 This subsection does not relieve a governmental entity from 1729 complying with subsection (5). 1730 (6)To ensure the safe and secure transportation of 1731 passengers and freight through an airport facility, as defined 1732 in s. 159.27(17), an airport authority or other governmental 1733 entity that provides or is proposing to provide communications 1734 services only within the boundaries of its airport layout plan, 1735 as defined in s. 333.01(6), to subscribers which are integral 1736 and essential to the safe and secure transportation of 1737 passengers and freight through the airport facility, is exempt 1738 from this section. An airport authority or other governmental 1739 entity that provides or is proposing to provide shared-tenant 1740 service under s. 364.339, but not dial tone enabling subscribers 1741 to complete calls outside the airport layout plan, to one or 1742 more subscribers within its airport layout plan which are not 1743 integral and essential to the safe and secure transportation of 1744 passengers and freight through the airport facility is exempt 1745 from this section. An airport authority or other governmental 1746 entity that provides or is proposing to provide communications 1747 services to one or more subscribers within its airport layout 1748 plan which are not integral and essential to the safe and secure 1749 transportation of passengers and freight through the airport 1750 facility, or to one or more subscribers outside its airport 1751 layout plan, is not exempt from this section. By way of example 1752 and not limitation, the integral, essential subscribers may 1753 include airlines and emergency service entities, and the 1754 nonintegral, nonessential subscribers may include retail shops, 1755 restaurants, hotels, or rental car companies. 1756 Section 24.Section 366.032, Florida Statutes, is repealed. 1757 Section 25.Section 377.707, Florida Statutes, is repealed. 1758 Section 26.Subsection (9) of section 403.412, Florida 1759 Statutes, is amended to read: 1760 403.412Environmental Protection Act. 1761 (9)(a)A local government regulation, ordinance, code, 1762 rule, comprehensive plan, charter, or any other provision of law 1763 may not recognize or grant any legal rights to a plant, an 1764 animal, a body of water, or any other part of the natural 1765 environment that is not a person or political subdivision as 1766 defined in s. 1.01(8) or grant such person or political 1767 subdivision any specific rights relating to the natural 1768 environment not otherwise authorized in general law or 1769 specifically granted in the State Constitution. 1770 (b)This subsection does not limit the power of an 1771 adversely affected party to challenge the consistency of a 1772 development order with a comprehensive plan as provided in s. 1773 163.3215 or to file an action for injunctive relief to enforce 1774 the terms of a development agreement or challenge compliance of 1775 the agreement as provided in s. 163.3243. 1776 (c)This subsection does not limit the standing of the 1777 Department of Legal Affairs, a political subdivision or 1778 municipality of the state, or a citizen of the state to maintain 1779 an action for injunctive relief as provided in this section. 1780 Section 27.Section 403.7033, Florida Statutes, is amended 1781 to read: 1782 403.7033Departmental analysis of particular recyclable 1783 materials.The Legislature finds that prudent regulation of 1784 recyclable materials is crucial to the ongoing welfare of 1785 Floridas ecology and economy. As such, the Department of 1786 Environmental Protection shall review and update its 2010 report 1787 on retail bags analyzing the need for new or different 1788 regulation of auxiliary containers, wrappings, or disposable 1789 plastic bags used by consumers to carry products from retail 1790 establishments. The updated report must include input from state 1791 and local government agencies, stakeholders, private businesses, 1792 and citizens and must evaluate the efficacy and necessity of 1793 both statewide and local regulation of these materials. To 1794 ensure consistent and effective implementation, the department 1795 shall submit the updated report with conclusions and 1796 recommendations to the Legislature no later than December 31, 1797 2021. Until such time that the Legislature adopts the 1798 recommendations of the department, a local government, local 1799 governmental agency, or state governmental agency may not enact 1800 any rule, regulation, or ordinance regarding use, disposition, 1801 sale, prohibition, restriction, or tax of such auxiliary 1802 containers, wrappings, or disposable plastic bags. 1803 Section 28.Paragraph (a) of subsection (4) of section 1804 489.117, Florida Statutes, is amended to read: 1805 489.117Registration; specialty contractors. 1806 (4)(a)A person whose job scope does not substantially 1807 correspond to either the job scope of one of the contractor 1808 categories defined in s. 489.105(3)(a)-(o), or the job scope of 1809 one of the certified specialty contractor categories established 1810 by board rule, is not required to register with the board. A 1811 local government, as defined in s. 163.211, may not require a 1812 person to obtain a license for a job scope which does not 1813 substantially correspond to the job scope of one of the 1814 contractor categories defined in s. 489.105(3)(a)-(o) and (q) or 1815 authorized in s. 489.1455(1). For purposes of this section, job 1816 scopes for which a local government may not require a license 1817 include, but are not limited to, painting; flooring; cabinetry; 1818 interior remodeling; driveway or tennis court installation; 1819 handyman services; decorative stone, tile, marble, granite, or 1820 terrazzo installation; plastering; stuccoing; caulking; and 1821 canvas awning and ornamental iron installation. 1822 Section 29.Subsection (1) of section 489.1455, Florida 1823 Statutes, is amended to read: 1824 489.1455Journeyman; reciprocity; standards. 1825 (1)Counties and municipalities are authorized to issue 1826 journeyman licenses in the plumbing, pipe fitting, mechanical, 1827 or HVAC trades. 1828 Section 30.Subsection (1) of section 489.5335, Florida 1829 Statutes, is amended to read: 1830 489.5335Journeyman; reciprocity; standards. 1831 (1)Counties and municipalities are authorized to issue 1832 journeyman licenses in the electrical and alarm system trades. 1833 Section 31.Subsection (7) of section 499.002, Florida 1834 Statutes, is amended to read: 1835 499.002Purpose, administration, and enforcement of and 1836 exemption from this part. 1837 (7)Notwithstanding any other law or local ordinance or 1838 regulation to the contrary, the regulation of over-the-counter 1839 proprietary drugs and cosmetics is expressly preempted to the 1840 state. 1841 Section 32.Section 500.90, Florida Statutes, is repealed. 1842 Section 33.Subsection (4) of section 790.251, Florida 1843 Statutes, is amended to read: 1844 790.251Protection of the right to keep and bear arms in 1845 motor vehicles for self-defense and other lawful purposes; 1846 prohibited acts; duty of public and private employers; immunity 1847 from liability; enforcement. 1848 (4)PROHIBITED ACTS.No public or private employer may 1849 violate the constitutional rights of any customer, employee, or 1850 invitee as provided in paragraphs (a)-(e): 1851 (a)No public or private employer may prohibit any 1852 customer, employee, or invitee from possessing any legally owned 1853 firearm when such firearm is lawfully possessed and locked 1854 inside or locked to a private motor vehicle in a parking lot and 1855 when the customer, employee, or invitee is lawfully in such 1856 area. 1857 (b)No public or private employer may violate the privacy 1858 rights of a customer, employee, or invitee by verbal or written 1859 inquiry regarding the presence of a firearm inside or locked to 1860 a private motor vehicle in a parking lot or by an actual search 1861 of a private motor vehicle in a parking lot to ascertain the 1862 presence of a firearm within the vehicle. Further, no public or 1863 private employer may take any action against a customer, 1864 employee, or invitee based upon verbal or written statements of 1865 any party concerning possession of a firearm stored inside a 1866 private motor vehicle in a parking lot for lawful purposes. A 1867 search of a private motor vehicle in the parking lot of a public 1868 or private employer to ascertain the presence of a firearm 1869 within the vehicle may only be conducted by on-duty law 1870 enforcement personnel, based upon due process and must comply 1871 with constitutional protections. 1872 (c)No public or private employer shall condition 1873 employment upon either: 1874 1.The fact that an employee or prospective employee holds 1875 or does not hold a license issued pursuant to s. 790.06; or 1876 2.Any agreement by an employee or a prospective employee 1877 that prohibits an employee from keeping a legal firearm locked 1878 inside or locked to a private motor vehicle in a parking lot 1879 when such firearm is kept for lawful purposes. 1880 (d)No public or private employer shall prohibit or attempt 1881 to prevent any customer, employee, or invitee from entering the 1882 parking lot of the employers place of business because the 1883 customers, employees, or invitees private motor vehicle 1884 contains a legal firearm being carried for lawful purposes, that 1885 is out of sight within the customers, employees, or invitees 1886 private motor vehicle. 1887 (e)No public or private employer may terminate the 1888 employment of or otherwise discriminate against an employee, or 1889 expel a customer or invitee for exercising his or her 1890 constitutional right to keep and bear arms or for exercising the 1891 right of self-defense as long as a firearm is never exhibited on 1892 company property for any reason other than lawful defensive 1893 purposes. 1894 1895 This subsection applies to all public sector employers, 1896 including those already prohibited from regulating firearms 1897 under the provisions of s. 790.33. 1898 Section 34.Section 569.0025, Florida Statutes, is 1899 repealed. 1900 Section 35.Section 569.315, Florida Statutes, is repealed. 1901 Section 36.Section 790.33, Florida Statutes, is repealed. 1902 Section 37.Subsection (41) of section 570.07, Florida 1903 Statutes, is amended to read: 1904 570.07Department of Agriculture and Consumer Services; 1905 functions, powers, and duties.The department shall have and 1906 exercise the following functions, powers, and duties: 1907 (41)(a)Except as otherwise provided in paragraph (b), to 1908 exercise the exclusive authority to regulate the sale, 1909 composition, packaging, labeling, wholesale and retail 1910 distribution, and formulation, including nutrient content level 1911 and release rates, of fertilizer under chapter 576. This 1912 subsection expressly preempts such regulation of fertilizer to 1913 the state. 1914 (b)An ordinance regulating the sale of fertilizer adopted 1915 by a county or municipal government before July 1, 2011, is 1916 exempt from this subsection, and the county or municipal 1917 government may enforce such ordinance within its respective 1918 jurisdiction. 1919 Section 38.Chapter 908, Florida Statutes, consisting of 1920 ss. 908.101, 908.102, 908.103, 908.104, 908.105, 908.106, 1921 908.107, 908.108, and 908.109, Florida Statutes, is repealed. 1922 Section 39.This act shall take effect on the effective 1923 date of the amendment to the State Constitution proposed by SJR 1924 152 or a similar joint resolution having substantially the same 1925 specific intent and purpose, if such amendment to the State 1926 Constitution is approved at the general election held in 1927 November 2022 or at an earlier special election specifically 1928 authorized by law for that purpose.