```
Florida Senate - 2025 CS for CS for SB 818 By the Committees on Rules; and Transportation; and Senator McClain 595-03656-25 2025818c2 1 A bill to be entitled 2 An act relating to utility relocation; amending s. 3 202.18, F.S.; requiring that a specified percentage of 4 a local communications services tax levied by 5 municipalities and counties be distributed to the 6 Department of Commerce to fund the Utility Relocation 7 Reimbursement Grant Program; creating the program 8 within the department; providing the purpose of the 9 program; requiring the Department of Revenue to 10 deposit certain proceeds into an account to fund the 11 program beginning on a certain date; requiring the 12 Department of Commerce to establish program 13 requirements by rule; authorizing certain uses of 14 program funds; exempting program funds from a certain 15 service charge; providing that interest earned on 16 program funds accrues to the programs fund; amending 17 s. 337.403, F.S.; requiring a service provider to 18 perform communications services facility relocation 19 work under certain circumstances; requiring an 20 authority to pay the expense properly attributable to 21 such work; providing an exception for county and 22 municipal authorities; authorizing a service provider 23 to apply to the Utility Relocation Reimbursement Grant 24 Program for reimbursement of relocation expenses; 25 requiring a department to notify certain providers of 26 communications services of certain projects within a 27 specified timeframe; defining the term department; 28 providing notification requirements; requiring a 29 provider to respond to the notification with certain 30 information within a specified timeframe; requiring a 31 department to provide a reasonable offer for joint 32 participation in certain relocation costs under 33 certain conditions; providing construction; amending 34 s. 125.42, F.S.; conforming a cross-reference; 35 providing a finding and declaration of important state 36 interest; providing an effective date. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1.Paragraphs (a) and (c) of subsection (3) of 41 section 202.18, Florida Statutes, are amended, and subsection 42 (4) is added to that section, to read: 43 202.18Allocation and disposition of tax proceeds.The 44 proceeds of the communications services taxes remitted under 45 this chapter shall be treated as follows: 46 (3)(a)Notwithstanding any law to the contrary, the 47 proceeds of each local communications services tax levied by a 48 municipality or county pursuant to s. 202.19(1) or s. 202.20(1), 49 less 7.5 percent distributed to the Department of Commerce to 50 fund the Utility Relocation Reimbursement Grant Program created 51 in subsection (4) and less the departments costs of 52 administration, shall be transferred to the Local Communications 53 Services Tax Clearing Trust Fund and held there to be 54 distributed to such municipality or county. However, the 55 proceeds of any communications services tax imposed pursuant to 56 s. 202.19(5) shall be deposited and disbursed in accordance with 57 ss. 212.054 and 212.055. For purposes of this section, the 58 proceeds of any tax levied by a municipality, county, or school 59 board under s. 202.19(1) or s. 202.20(1) are all funds collected 60 and received by the department pursuant to a specific levy 61 authorized by such sections, including any interest and 62 penalties attributable to the tax levy. 63 (c)1.Except as otherwise provided in this paragraph, 64 proceeds of the taxes levied pursuant to s. 202.19, less 7.5 65 percent distributed to the Department of Commerce to fund the 66 Utility Relocation Reimbursement Grant Program created in 67 subsection (4) and less amounts deducted for costs of 68 administration in accordance with paragraph (b), shall be 69 distributed monthly to the appropriate jurisdictions. The 70 proceeds of taxes imposed pursuant to s. 202.19(5) shall be 71 distributed in the same manner as discretionary surtaxes are 72 distributed, in accordance with ss. 212.054 and 212.055. 73 2.The department shall make any adjustments to the 74 distributions pursuant to this section which are necessary to 75 reflect the proper amounts due to individual jurisdictions or 76 trust funds. In the event that the department adjusts amounts 77 due to reflect a correction in the situsing of a customer, such 78 adjustment shall be limited to the amount of tax actually 79 collected from such customer by the dealer of communication 80 services. 81 3.a.Adjustments in distributions which are necessary to 82 correct misallocations between jurisdictions shall be governed 83 by this subparagraph. If the department determines that 84 misallocations between jurisdictions occurred, it shall provide 85 written notice of such determination to all affected 86 jurisdictions. The notice shall include the amount of the 87 misallocations, the basis upon which the determination was made, 88 data supporting the determination, and the identity of each 89 affected jurisdiction. The notice shall also inform all affected 90 jurisdictions of their authority to enter into a written 91 agreement establishing a method of adjustment as described in 92 sub-subparagraph c. 93 b.An adjustment affecting a distribution to a jurisdiction 94 which is less than 90 percent of the average monthly 95 distribution to that jurisdiction for the 6 months immediately 96 preceding the departments determination, as reported by all 97 communications services dealers, shall be made in the month 98 immediately following the departments determination that 99 misallocations occurred. 100 c.If an adjustment affecting a distribution to a 101 jurisdiction equals or exceeds 90 percent of the average monthly 102 distribution to that jurisdiction for the 6 months immediately 103 preceding the departments determination, as reported by all 104 communications services dealers, the affected jurisdictions may 105 enter into a written agreement establishing a method of 106 adjustment. If the agreement establishing a method of adjustment 107 provides for payments of local communications services tax 108 monthly distributions, the amount of any such payment agreed to 109 may not exceed the local communications services tax monthly 110 distributions available to the jurisdiction that was allocated 111 amounts in excess of those to which it was entitled. If affected 112 jurisdictions execute a written agreement specifying a method of 113 adjustment, a copy of the written agreement shall be provided to 114 the department no later than the first day of the month 115 following 90 days after the date the department transmits notice 116 of the misallocation. If the department does not receive a copy 117 of the written agreement within the specified time period, an 118 adjustment affecting a distribution to a jurisdiction made 119 pursuant to this sub-subparagraph shall be prorated over a time 120 period that equals the time period over which the misallocations 121 occurred. 122 (4)There is created within the Department of Commerce a 123 Utility Relocation Reimbursement Grant Program. The purpose of 124 the program is to reimburse providers of communications services 125 which are subject to this chapter for eligible costs incurred in 126 relocating facilities at the request of a county or municipal 127 authority. 128 (a)Beginning October 1, 2025, the department shall deposit 129 the proceeds to be distributed to the Department of Commerce 130 under subsection (3) into an account to fund the Utility 131 Relocation Reimbursement Grant Program. The department shall 132 ensure the transfer of such funds on a monthly basis. 133 (b)The Department of Commerce shall establish by rule all 134 of the following: 135 1.The criteria and process by which service providers may 136 apply for reimbursement. 137 2.The minimum documentation required to verify eligible 138 relocation costs, which may not be excessive or burdensome. 139 3.The timeline for application review and reimbursement 140 disbursement, which may not exceed 90 days from submission. 141 (c)Program funds may be used only to reimburse actual, 142 documented expenses directly attributable to the physical 143 relocation of facilities required by a county or municipal 144 authority. Reimbursement may not be made to a service provider 145 for indirect or administrative costs. 146 (d)Program funds are exempt from s. 215.20 and any 147 interest earnings shall accrue to the programs fund. 148 Section 2.Subsection (1) of section 337.403, Florida 149 Statutes, is amended, and subsection (4) is added to that 150 section, to read: 151 337.403Interference caused by utility; expenses. 152 (1)If a utility that is placed upon, under, over, or 153 within the right-of-way limits of any public road or publicly 154 owned rail corridor is found by the authority to be unreasonably 155 interfering in any way with the convenient, safe, or continuous 156 use, or the maintenance, improvement, extension, or expansion, 157 of such public road or publicly owned rail corridor, the utility 158 owner must shall, within 30 days after upon 30 days written 159 notice to the utility or its agent by the authority, initiate 160 the work necessary to alleviate the interference at its own 161 expense except as provided in paragraphs (a)-(k) (a)-(j). The 162 work must be completed within such reasonable time as stated in 163 the notice or such time as agreed to by the authority and the 164 utility owner. 165 (a)If the relocation of utility facilities, as referred to 166 in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No. 167 84-627, is necessitated by the construction of a project on the 168 federal-aid interstate system, including extensions thereof 169 within urban areas, and the cost of the project is eligible and 170 approved for reimbursement by the Federal Government to the 171 extent of 90 percent or more under the Federal-Aid Highway Act, 172 or any amendment thereof, then in that event the utility owning 173 or operating such facilities must shall perform any necessary 174 work upon notice from the department, and the state must shall 175 pay the entire expense properly attributable to such work after 176 deducting therefrom any increase in the value of a new facility 177 and any salvage value derived from an old facility. 178 (b)When a joint agreement between the department and the 179 utility is executed for utility work to be accomplished as part 180 of a contract for construction of a transportation facility, the 181 department may participate in those utility work costs that 182 exceed the departments official estimate of the cost of the 183 work by more than 10 percent. The amount of such participation 184 is limited to the difference between the official estimate of 185 all the work in the joint agreement plus 10 percent and the 186 amount awarded for this work in the construction contract for 187 such work. The department may not participate in any utility 188 work costs that occur as a result of changes or additions during 189 the course of the contract. 190 (c)When an agreement between the department and utility is 191 executed for utility work to be accomplished in advance of a 192 contract for construction of a transportation facility, the 193 department may participate in the cost of clearing and grubbing 194 necessary to perform such work. 195 (d)If the utility facility was initially installed to 196 exclusively serve the authority or its tenants, or both, the 197 authority must shall bear the costs of the utility work. 198 However, the authority is not responsible for the cost of 199 utility work related to any subsequent additions to that 200 facility for the purpose of serving others. For a county or 201 municipality, if such utility facility was installed in the 202 right-of-way as a means to serve a county or municipal facility 203 on a parcel of property adjacent to the right-of-way and if the 204 intended use of the county or municipal facility is for a use 205 other than transportation purposes, the obligation of the county 206 or municipality to bear the costs of the utility work shall 207 extend only to utility work on the parcel of property on which 208 the facility of the county or municipality originally served by 209 the utility facility is located. 210 (e)If, under an agreement between a utility and the 211 authority entered into after July 1, 2009, the utility conveys, 212 subordinates, or relinquishes a compensable property right to 213 the authority for the purpose of accommodating the acquisition 214 or use of the right-of-way by the authority, without the 215 agreement expressly addressing future responsibility for the 216 cost of necessary utility work, the authority must shall bear 217 the cost of removal or relocation. This paragraph does not 218 impair or restrict, and may not be used to interpret, the terms 219 of any such agreement entered into before July 1, 2009. 220 (f)If the utility is an electric facility being relocated 221 underground in order to enhance vehicular, bicycle, and 222 pedestrian safety and in which ownership of the electric 223 facility to be placed underground has been transferred from a 224 private to a public utility within the past 5 years, the 225 department must shall incur all costs of the necessary utility 226 work. 227 (g)An authority may bear the costs of utility work 228 required to eliminate an unreasonable interference when the 229 utility is not able to establish that it has a compensable 230 property right in the particular property where the utility is 231 located if: 232 1.The utility was physically located on the particular 233 property before the authority acquired rights in the property; 234 2.The utility demonstrates that it has a compensable 235 property right in adjacent properties along the alignment of the 236 utility or, after due diligence, certifies that the utility does 237 not have evidence to prove or disprove that it has a compensable 238 property right in the particular property where the utility is 239 located; and 240 3.The information available to the authority does not 241 establish the relative priorities of the authoritys and the 242 utilitys interests in the particular property. 243 (h)If a municipally owned utility or county-owned utility 244 is located in a rural area of opportunity, as defined in s. 245 288.0656(2), and the department determines that the utility is 246 unable, and will not be able within the next 10 years, to pay 247 for the cost of utility work necessitated by a department 248 project on the State Highway System, the department may pay, in 249 whole or in part, the cost of such utility work performed by the 250 department or its contractor. 251 (i)If the relocation of utility facilities is necessitated 252 by the construction of a commuter rail service project or an 253 intercity passenger rail service project and the cost of the 254 project is eligible and approved for reimbursement by the 255 Federal Government, then in that event the utility owning or 256 operating such facilities located by permit on a department 257 owned rail corridor must shall perform any necessary utility 258 relocation work upon notice from the department, and the 259 department must shall pay the expense properly attributable to 260 such utility relocation work in the same proportion as federal 261 funds are expended on the commuter rail service project or an 262 intercity passenger rail service project after deducting 263 therefrom any increase in the value of a new facility and any 264 salvage value derived from an old facility. In no event is shall 265 the state be required to use state dollars for such utility 266 relocation work. This paragraph does not apply to any phase of 267 the Central Florida Commuter Rail project, known as SunRail. 268 (j)If a utility is lawfully located within an existing and 269 valid utility easement granted by recorded plat, regardless of 270 whether such land was subsequently acquired by the authority by 271 dedication, transfer of fee, or otherwise, the authority must 272 bear the cost of the utility work required to eliminate an 273 unreasonable interference. The authority shall pay the entire 274 expense properly attributable to such work after deducting any 275 increase in the value of a new facility and any salvage value 276 derived from an old facility. 277 (k)1.Except as provided in subparagraph 2., if the 278 authority requires a provider of communications services which 279 is subject to chapter 202 to relocate a facility used to provide 280 such communications services, the service provider owning or 281 operating such facility must perform any necessary work upon 282 notice from the authority. The authority requiring the 283 relocation shall pay the entire expense properly attributable to 284 such work. 285 2.If a county or municipal authority requires a provider 286 of communications services which is subject to chapter 202 to 287 relocate a facility used to provide such communications 288 services, the service provider owning or operating such facility 289 must perform any necessary work upon notice from the authority. 290 The county or municipal authority requiring such relocation is 291 not responsible for paying the expense of such work. The service 292 provider may apply for reimbursement of relocation expenses from 293 the Utility Relocation Reimbursement Grant Program pursuant to 294 s. 202.18(4), subject to the availability of funds and in 295 compliance with the requirements of the program. 296 (4)Notwithstanding paragraph (1)(k), a department shall 297 notify providers of communications services that are subject to 298 chapter 202 which have permitted infrastructure within a planned 299 or existing public right-of-way within 90 days after a project 300 is added to the departments project schedule which may require 301 the provider to relocate its infrastructure for roadway 302 improvements to increase safety or reduce congestion. For 303 purposes of this subsection, the term department means the 304 Department of Transportation or an agency of the state created 305 under chapter 348 or chapter 349. 306 (a)The notification provided under this subsection must 307 include an estimated project schedule and timeline, including 308 the anticipated year of construction. 309 (b)Within 90 days after receipt of the notification, the 310 provider shall respond to the department with an estimated 311 timeframe and project cost for the relocation of the providers 312 infrastructure. The response must include a draft relocation 313 schedule within or adjacent to the existing or planned public 314 right-of-way. 315 (c)Notwithstanding any other provision of this section, 316 the department shall provide a reasonable offer for joint 317 participation in relocation costs, so long as the provider 318 begins work within a mutually agreed upon timeframe and, if the 319 infrastructure relocation is a result of roadway improvements 320 within the public right-of-way to increase safety or reduce 321 congestion and the impacted infrastructure was, at the time of 322 notification under this subsection, installed within the past 7 323 state fiscal years, the department must incur at least 50 324 percent of the costs for relocation work as described in a joint 325 participation agreement. 326 (d)This subsection may not be construed to prevent a 327 department from pursuing the additional relocation processes, 328 agreements, or payment options authorized under this section or 329 to prevent a provider from using grant funds provided through 330 other government sources to support all or a portion of the 331 relocation costs. 332 Section 3.Subsection (5) of section 125.42, Florida 333 Statutes, is amended to read: 334 125.42Water, sewage, gas, power, telephone, other utility, 335 and television lines within the right-of-way limits of county 336 roads and highways. 337 (5)In the event of widening, repair, or reconstruction of 338 any such road, the licensee shall move or remove such water, 339 sewage, gas, power, telephone, and other utility lines and 340 television lines at no cost to the county should they be found 341 by the county to be unreasonably interfering, except as provided 342 in s. 337.403(1)(d)-(k) s. 337.403(1)(d)-(j). 343 Section 4.The Legislature finds and declares that this act 344 fulfills an important state interest. 345 Section 5.This act shall take effect July 1, 2025.
```