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Florida Senate - 2025 CS for CS for CS for SB 818 By the Committees on Appropriations; Rules; and Transportation; and Senator McClain 576-03828-25 2025818c3 1 A bill to be entitled 2 An act relating to utility relocation; amending s. 3 212.20, F.S.; requiring that a specified amount of 4 communications services tax remittances be distributed 5 by the Department of Revenue by a nonoperating 6 transfer to the Department of Commerce in monthly 7 installments to the Grants and Donations Trust Fund 8 within the Department of Commerce for the Utility 9 Relocation Reimbursement Grant Program; revising the 10 percentage by which a certain amount transferred into 11 the Local Government Half-cent Sales Tax Clearing 12 Trust Fund must be reduced, beginning on a certain 13 date; amending s. 337.403, F.S.; requiring a service 14 provider to initiate communications services facility 15 relocation work under certain circumstances; 16 specifying that a county or municipal authority is not 17 responsible for paying the expense properly 18 attributable to such work except as otherwise 19 provided; authorizing a service provider to apply to 20 the Utility Relocation Reimbursement Grant Program for 21 reimbursement of relocation expenses; requiring a 22 department to notify certain providers of 23 communications services of certain projects within a 24 specified timeframe; defining the term department; 25 providing notification requirements; requiring a 26 provider to respond to the notification with certain 27 information within a specified timeframe; requiring 28 the department to provide a reasonable offer for joint 29 participation in certain relocation costs under 30 certain conditions; providing construction; creating 31 s. 337.4031, F.S.; creating the Utility Relocation 32 Reimbursement Grant Program within the Department of 33 Commerce; providing the purpose of the program; 34 requiring the Department of Revenue to deposit certain 35 proceeds into a specified trust fund to fund the 36 program beginning on a certain date; requiring the 37 Department of Commerce to establish program 38 requirements by rule; authorizing only certain uses of 39 program funds; exempting program funds from a certain 40 service charge; providing that interest earned on 41 program funds accrues to the programs fund; 42 authorizing emergency rulemaking; amending ss. 125.42, 43 202.18, 212.181, and 218.65, F.S.; conforming cross 44 references; providing a finding and declaration of 45 important state interest; providing an appropriation; 46 providing an effective date. 47 48 Be It Enacted by the Legislature of the State of Florida: 49 50 Section 1.Paragraph (d) of subsection (6) of section 51 212.20, Florida Statutes, is amended to read: 52 212.20Funds collected, disposition; additional powers of 53 department; operational expense; refund of taxes adjudicated 54 unconstitutionally collected. 55 (6)Distribution of all proceeds under this chapter and ss. 56 202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows: 57 (d)The proceeds of all other taxes and fees imposed 58 pursuant to this chapter or remitted pursuant to s. 202.18(1)(b) 59 and (2)(b) shall be distributed as follows: 60 1.In any fiscal year, the greater of $500 million, minus 61 an amount equal to 4.6 percent of the proceeds of the taxes 62 collected pursuant to chapter 201, or 5.2 percent of all other 63 taxes and fees imposed pursuant to this chapter or remitted 64 pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in 65 monthly installments into the General Revenue Fund. 66 2.After the distribution under subparagraph 1., 8.9744 67 percent of the amount remitted by a sales tax dealer located 68 within a participating county pursuant to s. 218.61 shall be 69 transferred in two parts: 70 a.The total amount of $50 million of the communications 71 services taxes remitted pursuant to s. 202.18(1)(b) and (2)(b), 72 in any fiscal year, shall be distributed by the department by a 73 nonoperating transfer to the Department of Commerce in monthly 74 installments to the Grants and Donations Trust Fund within the 75 Department of Commerce for the Utility Relocation Reimbursement 76 Grant Program created in s. 337.4031; and 77 b.The remainder shall be transferred into the Local 78 Government Half-cent Sales Tax Clearing Trust Fund. Beginning 79 October 1, 2025 July 1, 2003, the amount to be transferred shall 80 be reduced by 0.1018 0.1 percent, and the department shall 81 distribute this amount to the Public Employees Relations 82 Commission Trust Fund less $5,000 each month, which shall be 83 added to the amount calculated in subparagraph 3. and 84 distributed accordingly. 85 3.After the distribution under subparagraphs 1. and 2., 86 0.0966 percent shall be transferred to the Local Government 87 Half-cent Sales Tax Clearing Trust Fund and distributed pursuant 88 to s. 218.65. 89 4.After the distributions under subparagraphs 1., 2., and 90 3., 2.0810 percent of the available proceeds shall be 91 transferred monthly to the Revenue Sharing Trust Fund for 92 Counties pursuant to s. 218.215. 93 5.After the distributions under subparagraphs 1., 2., and 94 3., 1.3653 percent of the available proceeds shall be 95 transferred monthly to the Revenue Sharing Trust Fund for 96 Municipalities pursuant to s. 218.215. If the total revenue to 97 be distributed pursuant to this subparagraph is at least as 98 great as the amount due from the Revenue Sharing Trust Fund for 99 Municipalities and the former Municipal Financial Assistance 100 Trust Fund in state fiscal year 1999-2000, no municipality shall 101 receive less than the amount due from the Revenue Sharing Trust 102 Fund for Municipalities and the former Municipal Financial 103 Assistance Trust Fund in state fiscal year 1999-2000. If the 104 total proceeds to be distributed are less than the amount 105 received in combination from the Revenue Sharing Trust Fund for 106 Municipalities and the former Municipal Financial Assistance 107 Trust Fund in state fiscal year 1999-2000, each municipality 108 shall receive an amount proportionate to the amount it was due 109 in state fiscal year 1999-2000. 110 6.Of the remaining proceeds: 111 a.In each fiscal year, the sum of $29,915,500 shall be 112 divided into as many equal parts as there are counties in the 113 state, and one part shall be distributed to each county. The 114 distribution among the several counties must begin each fiscal 115 year on or before January 5th and continue monthly for a total 116 of 4 months. If a local or special law required that any moneys 117 accruing to a county in fiscal year 1999-2000 under the then 118 existing provisions of s. 550.135 be paid directly to the 119 district school board, special district, or a municipal 120 government, such payment must continue until the local or 121 special law is amended or repealed. The state covenants with 122 holders of bonds or other instruments of indebtedness issued by 123 local governments, special districts, or district school boards 124 before July 1, 2000, that it is not the intent of this 125 subparagraph to adversely affect the rights of those holders or 126 relieve local governments, special districts, or district school 127 boards of the duty to meet their obligations as a result of 128 previous pledges or assignments or trusts entered into which 129 obligated funds received from the distribution to county 130 governments under then-existing s. 550.135. This distribution 131 specifically is in lieu of funds distributed under s. 550.135 132 before July 1, 2000. 133 b.The department shall distribute $166,667 monthly to each 134 applicant certified as a facility for a new or retained 135 professional sports franchise pursuant to s. 288.1162. Up to 136 $41,667 shall be distributed monthly by the department to each 137 certified applicant as defined in s. 288.11621 for a facility 138 for a spring training franchise. However, not more than $416,670 139 may be distributed monthly in the aggregate to all certified 140 applicants for facilities for spring training franchises. 141 Distributions begin 60 days after such certification and 142 continue for not more than 30 years, except as otherwise 143 provided in s. 288.11621. A certified applicant identified in 144 this sub-subparagraph may not receive more in distributions than 145 expended by the applicant for the public purposes provided in s. 146 288.1162(5) or s. 288.11621(3). 147 c.The department shall distribute up to $83,333 monthly to 148 each certified applicant as defined in s. 288.11631 for a 149 facility used by a single spring training franchise, or up to 150 $166,667 monthly to each certified applicant as defined in s. 151 288.11631 for a facility used by more than one spring training 152 franchise. Monthly distributions begin 60 days after such 153 certification or July 1, 2016, whichever is later, and continue 154 for not more than 20 years to each certified applicant as 155 defined in s. 288.11631 for a facility used by a single spring 156 training franchise or not more than 25 years to each certified 157 applicant as defined in s. 288.11631 for a facility used by more 158 than one spring training franchise. A certified applicant 159 identified in this sub-subparagraph may not receive more in 160 distributions than expended by the applicant for the public 161 purposes provided in s. 288.11631(3). 162 d.The department shall distribute $15,333 monthly to the 163 State Transportation Trust Fund. 164 e.(I)On or before July 25, 2021, August 25, 2021, and 165 September 25, 2021, the department shall distribute $324,533,334 166 in each of those months to the Unemployment Compensation Trust 167 Fund, less an adjustment for refunds issued from the General 168 Revenue Fund pursuant to s. 443.131(3)(e)3. before making the 169 distribution. The adjustments made by the department to the 170 total distributions shall be equal to the total refunds made 171 pursuant to s. 443.131(3)(e)3. If the amount of refunds to be 172 subtracted from any single distribution exceeds the 173 distribution, the department may not make that distribution and 174 must subtract the remaining balance from the next distribution. 175 (II)Beginning July 2022, and on or before the 25th day of 176 each month, the department shall distribute $90 million monthly 177 to the Unemployment Compensation Trust Fund. 178 (III)If the ending balance of the Unemployment 179 Compensation Trust Fund exceeds $4,071,519,600 on the last day 180 of any month, as determined from United States Department of the 181 Treasury data, the Office of Economic and Demographic Research 182 shall certify to the department that the ending balance of the 183 trust fund exceeds such amount. 184 (IV)This sub-subparagraph is repealed, and the department 185 shall end monthly distributions under sub-sub-subparagraph (II), 186 on the date the department receives certification under sub-sub 187 subparagraph (III). 188 f.Beginning July 1, 2023, in each fiscal year, the 189 department shall distribute $27.5 million to the Florida 190 Agricultural Promotional Campaign Trust Fund under s. 571.26, 191 for further distribution in accordance with s. 571.265. 192 7.All other proceeds must remain in the General Revenue 193 Fund. 194 Section 2.Subsection (1) of section 337.403, Florida 195 Statutes, is amended, and subsection (4) is added to that 196 section, to read: 197 337.403Interference caused by utility; expenses. 198 (1)If a utility that is placed upon, under, over, or 199 within the right-of-way limits of any public road or publicly 200 owned rail corridor is found by the authority to be unreasonably 201 interfering in any way with the convenient, safe, or continuous 202 use, or the maintenance, improvement, extension, or expansion, 203 of such public road or publicly owned rail corridor, the utility 204 owner must shall, within 30 days after upon 30 days written 205 notice to the utility or its agent by the authority, initiate 206 the work necessary to alleviate the interference at its own 207 expense except as provided in paragraphs (a)-(k) (a)-(j). The 208 work must be completed within such reasonable time as stated in 209 the notice or such time as agreed to by the authority and the 210 utility owner. 211 (a)If the relocation of utility facilities, as referred to 212 in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No. 213 84-627, is necessitated by the construction of a project on the 214 federal-aid interstate system, including extensions thereof 215 within urban areas, and the cost of the project is eligible and 216 approved for reimbursement by the Federal Government to the 217 extent of 90 percent or more under the Federal-Aid Highway Act, 218 or any amendment thereof, then in that event the utility owning 219 or operating such facilities must shall perform any necessary 220 work upon notice from the department, and the state must shall 221 pay the entire expense properly attributable to such work after 222 deducting therefrom any increase in the value of a new facility 223 and any salvage value derived from an old facility. 224 (b)When a joint agreement between the department and the 225 utility is executed for utility work to be accomplished as part 226 of a contract for construction of a transportation facility, the 227 department may participate in those utility work costs that 228 exceed the departments official estimate of the cost of the 229 work by more than 10 percent. The amount of such participation 230 is limited to the difference between the official estimate of 231 all the work in the joint agreement plus 10 percent and the 232 amount awarded for this work in the construction contract for 233 such work. The department may not participate in any utility 234 work costs that occur as a result of changes or additions during 235 the course of the contract. 236 (c)When an agreement between the department and utility is 237 executed for utility work to be accomplished in advance of a 238 contract for construction of a transportation facility, the 239 department may participate in the cost of clearing and grubbing 240 necessary to perform such work. 241 (d)If the utility facility was initially installed to 242 exclusively serve the authority or its tenants, or both, the 243 authority must shall bear the costs of the utility work. 244 However, the authority is not responsible for the cost of 245 utility work related to any subsequent additions to that 246 facility for the purpose of serving others. For a county or 247 municipality, if such utility facility was installed in the 248 right-of-way as a means to serve a county or municipal facility 249 on a parcel of property adjacent to the right-of-way and if the 250 intended use of the county or municipal facility is for a use 251 other than transportation purposes, the obligation of the county 252 or municipality to bear the costs of the utility work shall 253 extend only to utility work on the parcel of property on which 254 the facility of the county or municipality originally served by 255 the utility facility is located. 256 (e)If, under an agreement between a utility and the 257 authority entered into after July 1, 2009, the utility conveys, 258 subordinates, or relinquishes a compensable property right to 259 the authority for the purpose of accommodating the acquisition 260 or use of the right-of-way by the authority, without the 261 agreement expressly addressing future responsibility for the 262 cost of necessary utility work, the authority must shall bear 263 the cost of removal or relocation. This paragraph does not 264 impair or restrict, and may not be used to interpret, the terms 265 of any such agreement entered into before July 1, 2009. 266 (f)If the utility is an electric facility being relocated 267 underground in order to enhance vehicular, bicycle, and 268 pedestrian safety and in which ownership of the electric 269 facility to be placed underground has been transferred from a 270 private to a public utility within the past 5 years, the 271 department must shall incur all costs of the necessary utility 272 work. 273 (g)An authority may bear the costs of utility work 274 required to eliminate an unreasonable interference when the 275 utility is not able to establish that it has a compensable 276 property right in the particular property where the utility is 277 located if: 278 1.The utility was physically located on the particular 279 property before the authority acquired rights in the property; 280 2.The utility demonstrates that it has a compensable 281 property right in adjacent properties along the alignment of the 282 utility or, after due diligence, certifies that the utility does 283 not have evidence to prove or disprove that it has a compensable 284 property right in the particular property where the utility is 285 located; and 286 3.The information available to the authority does not 287 establish the relative priorities of the authoritys and the 288 utilitys interests in the particular property. 289 (h)If a municipally owned utility or county-owned utility 290 is located in a rural area of opportunity, as defined in s. 291 288.0656(2), and the department determines that the utility is 292 unable, and will not be able within the next 10 years, to pay 293 for the cost of utility work necessitated by a department 294 project on the State Highway System, the department may pay, in 295 whole or in part, the cost of such utility work performed by the 296 department or its contractor. 297 (i)If the relocation of utility facilities is necessitated 298 by the construction of a commuter rail service project or an 299 intercity passenger rail service project and the cost of the 300 project is eligible and approved for reimbursement by the 301 Federal Government, then in that event the utility owning or 302 operating such facilities located by permit on a department 303 owned rail corridor must shall perform any necessary utility 304 relocation work upon notice from the department, and the 305 department must shall pay the expense properly attributable to 306 such utility relocation work in the same proportion as federal 307 funds are expended on the commuter rail service project or an 308 intercity passenger rail service project after deducting 309 therefrom any increase in the value of a new facility and any 310 salvage value derived from an old facility. In no event is shall 311 the state be required to use state dollars for such utility 312 relocation work. This paragraph does not apply to any phase of 313 the Central Florida Commuter Rail project, known as SunRail. 314 (j)If a utility is lawfully located within an existing and 315 valid utility easement granted by recorded plat, regardless of 316 whether such land was subsequently acquired by the authority by 317 dedication, transfer of fee, or otherwise, the authority must 318 bear the cost of the utility work required to eliminate an 319 unreasonable interference. The authority shall pay the entire 320 expense properly attributable to such work after deducting any 321 increase in the value of a new facility and any salvage value 322 derived from an old facility. 323 (k)If a county or municipal authority requires a provider 324 of communications services which is subject to chapter 202 to 325 relocate a facility used to provide such communications 326 services, the service provider owning or operating such facility 327 must initiate any necessary work upon notice from the authority. 328 The county or municipal authority requiring such relocation is 329 not responsible for paying the expense of such work, except as 330 otherwise provided in this subsection. The service provider may 331 apply for reimbursement of relocation expenses from the Utility 332 Relocation Reimbursement Grant Program pursuant to s. 337.4031, 333 subject to the availability of funds and in compliance with the 334 requirements of the program. If funds are not available, the 335 county or municipal authority requiring such relocation remains 336 not responsible for paying the expense of such work, except as 337 otherwise provided in this subsection. 338 (4)Notwithstanding paragraph (1)(k), a department shall 339 notify providers of communications services that are subject to 340 chapter 202 which have permitted infrastructure within a planned 341 or existing public right-of-way within 90 days after a project 342 is added to the departments project schedule which may require 343 the provider to relocate its infrastructure for roadway 344 improvements to increase safety or reduce congestion. For 345 purposes of this subsection, the term department means the 346 Department of Transportation or an agency of the state created 347 under chapter 348 or chapter 349. 348 (a)The notification provided under this subsection must 349 include an estimated project schedule and timeline, including 350 the anticipated year of construction. 351 (b)Within 90 days after receipt of the notification, the 352 provider shall respond to the department with an estimated 353 timeframe and project cost for the relocation of the providers 354 infrastructure. The response must include a draft relocation 355 schedule within or adjacent to the existing or planned public 356 right-of-way. 357 (c)Notwithstanding any other provision of this section, 358 the department shall provide a reasonable offer for joint 359 participation in relocation costs, so long as the provider 360 initiates work within a mutually agreed upon timeframe and, if 361 the infrastructure relocation is a result of roadway 362 improvements within the public right-of-way to increase safety 363 or reduce congestion and the impacted infrastructure was, at the 364 time of notification under this subsection, installed within the 365 past 7 state fiscal years, the department must incur at least 50 366 percent of the costs for relocation work as described in a joint 367 participation agreement. 368 (d)This subsection may not be construed to prevent a 369 department from pursuing the additional relocation processes, 370 agreements, or payment options authorized under this section or 371 to prevent a provider from using grant funds provided through 372 other government sources to support all or a portion of the 373 relocation costs. 374 Section 3.Section 337.4031, Florida Statutes, is created 375 to read: 376 337.4031Utility Relocation Reimbursement Grant Program. 377 (1)There is created within the Department of Commerce the 378 Utility Relocation Reimbursement Grant Program. The purpose of 379 the program is to reimburse providers of communications services 380 which are subject to chapter 202 for eligible costs incurred in 381 relocating facilities at the request of a county or municipal 382 authority. 383 (2)Beginning October 1, 2025, the Department of Revenue 384 shall deposit the proceeds to be distributed to the Department 385 of Commerce pursuant to s. 212.20(6)(d)2.a. into a separate 386 account within the Grants and Donations Trust Fund to fund the 387 Utility Relocation Reimbursement Grant Program. 388 (3)The Department of Commerce shall establish by rule all 389 of the following: 390 (a)The criteria and process by which service providers may 391 apply for reimbursement. 392 (b)The minimum documentation required to verify eligible 393 relocation costs. Such costs must be prudent and reasonable in 394 order to be eligible for reimbursement. 395 (c)The timeline for application review and reimbursement 396 disbursement, which may not exceed 90 days from submission. 397 (4)Program funds may be used only to reimburse actual, 398 documented expenses directly attributable to the physical 399 relocation of facilities required by a county or municipal 400 authority. Reimbursement may not be made to a service provider 401 for indirect or administrative costs. 402 (5)Program funds are exempt from s. 215.20 and any 403 interest earnings shall accrue to the programs fund. 404 (6)The Department of Commerce is authorized to adopt 405 emergency rules pursuant to s. 120.54(4) to administer and 406 enforce the provisions of this section. 407 Section 4.Subsection (5) of section 125.42, Florida 408 Statutes, is amended to read: 409 125.42Water, sewage, gas, power, telephone, other utility, 410 and television lines within the right-of-way limits of county 411 roads and highways. 412 (5)In the event of widening, repair, or reconstruction of 413 any such road, the licensee shall move or remove such water, 414 sewage, gas, power, telephone, and other utility lines and 415 television lines at no cost to the county should they be found 416 by the county to be unreasonably interfering, except as provided 417 in s. 337.403(1)(d)-(k) s. 337.403(1)(d)-(j). 418 Section 5.Paragraph (b) of subsection (2) of section 419 202.18, Florida Statutes, is amended to read: 420 202.18Allocation and disposition of tax proceeds.The 421 proceeds of the communications services taxes remitted under 422 this chapter shall be treated as follows: 423 (2)The proceeds of the taxes remitted under s. 424 202.12(1)(b) shall be allocated as follows: 425 (b)Fifty-five and nine-tenths percent of the remainder 426 shall be allocated to the state and distributed pursuant to s. 427 212.20(6), except that the proceeds allocated pursuant to s. 428 212.20(6)(d)2.b. s. 212.20(6)(d)2. shall be prorated to the 429 participating counties in the same proportion as that months 430 collection of the taxes and fees imposed pursuant to chapter 212 431 and paragraph (1)(b). 432 Section 6.Paragraph (a) of subsection (3) of section 433 212.181, Florida Statutes, is amended to read: 434 212.181Determination of business address situs, 435 distributions, and adjustments. 436 (3)(a)For distributions made pursuant to ss. 125.0104 and 437 212.20(6)(a), (b), and (d)2.b. (d)2., misallocations occurring 438 solely due to the assignment of an address to an incorrect 439 county will be corrected prospectively only from the date the 440 department is made aware of the misallocation, subject to the 441 following: 442 1.If the county that should have received the misallocated 443 distributions followed the notification and timing provisions in 444 subsection (2) for the affected periods, such misallocations may 445 be adjusted by prorating current and future distributions for 446 the period the misallocation occurred, not to exceed 36 months 447 from the date the department is made aware of the misallocation. 448 2.If the county that received the misallocated 449 distribution followed the notification and timing provisions in 450 subsection (2) for the affected periods and the county that 451 should have received the misallocation did not, the correction 452 shall apply only prospectively from the date the department is 453 made aware of the misallocation. 454 Section 7.Subsection (5) of section 218.65, Florida 455 Statutes, is amended to read: 456 218.65Emergency distribution. 457 (5)At the beginning of each fiscal year, the Department of 458 Revenue shall calculate a base allocation for each eligible 459 county equal to the difference between the current per capita 460 limitation times the countys population, minus prior year 461 ordinary distributions to the county pursuant to ss. 462 212.20(6)(d)2.b. 212.20(6)(d)2., 218.61, and 218.62. If moneys 463 deposited into the Local Government Half-cent Sales Tax Clearing 464 Trust Fund pursuant to s. 212.20(6)(d)3., excluding moneys 465 appropriated for supplemental distributions pursuant to 466 subsection (8), for the current year are less than or equal to 467 the sum of the base allocations, each eligible county shall 468 receive a share of the appropriated amount proportional to its 469 base allocation. If the deposited amount exceeds the sum of the 470 base allocations, each county shall receive its base allocation, 471 and the excess appropriated amount, less any amounts distributed 472 under subsection (6), shall be distributed equally on a per 473 capita basis among the eligible counties. 474 Section 8.The Legislature finds and declares that this act 475 fulfills an important state interest. 476 Section 9.From the funds distributed to the Department of 477 Commerce pursuant to s. 212.20(6)(d)2.a., Florida Statutes, and 478 for the 2025-2026 fiscal year, the sum of $50 million in 479 nonrecurring funds is appropriated from the Grants and Donations 480 Trust Fund within the Department of Commerce for the Utility 481 Relocation Reimbursement Grant Program pursuant to s. 337.4031, 482 Florida Statutes. 483 Section 10.This act shall take effect October 1, 2025.
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