201 Magnolia St ROW23-0032 COAB Permit Form with ConditionsOWNER:ADDRESS:CITY:STATE:ZIP:
WEEKS RYAN THOMAS 2117 WILLESTON DR W JACKSONVILLE FL 32246
COMPANY:ADDRESS:CITY:STATE:ZIP:
SOUTHEAST UTILITIES OF
GEORGIA, INC.402 Ellis Rd S Jacksonville FL 32254
TYPE OF
CONSTRUCTION:
REAL ESTATE
NUMBER:ZONING:BUILDING USE
GROUP:SUBDIVISION:
170548 0000 SALTAIR SEC 03
JOB ADDRESS:PERMIT TYPE:DESCRIPTION: VALUE OF WORK:
201 MAGNOLIA ST RIGHT OF WAY SINGLE OR TWO
FAMILY RIGHT OF WAY
COMCAST - UNDERGROUND
CABLE $0.00
LIST OF CONDITIONS
Roll off container company must be on City approved list . Container cannot be placed on City right-of-way.
1 PUBLIC WORKS EROSION CONTROL INSTALLATION INFORMATIONAL
Notes:
Full erosion control measures must be installed and approved prior to beginning any earth disturbing activities. Contact the Inspection Line (904-247-
5814) to request an Erosion and Sediment Control Inspection prior to start of construction.
2 PUBLIC WORKS DUMPSTERS/ROLL-OFF CONTAINERS INFORMATIONAL
Notes:
Dumpsters and roll-off containers must be used in compliance with Section 16-8 and must comply with all standards, per City code.
NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property
that may be found in the public records of this county, and there may be additional permits required from other
governmental entities such as water management districts, state agencies, or federal agencies.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT
IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF
COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST
INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN
ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.
MUST CALL INSPECTION PHONE LINE (904) 247-5814 BY 4 PM FOR NEXT DAY INSPECTION.
ALL WORK MUST CONFORM TO THE CURRENT 6TH EDITION (2017) OF THE FLORIDA BUILDING
CODE, NEC, IPMC, AND CITY OF ATLANTIC BEACH CODE OF ORDINANCES .
ALL CONDITIONS OF PERMIT APPLY, PLEASE READ CAREFULLY.
1 of 2Issued Date: 9/14/2023
PERMIT NUMBER
ROW23-0032
ISSUED: 9/14/2023
EXPIRES: 12/13/2023
RIGHT OF WAY PERMIT
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
FEES
DESCRIPTION ACCOUNT QUANTITY PAID AMOUNT
TOTAL:
3 PUBLIC WORKS RIGHT OF WAY RESTORATION INFORMATIONAL
Notes:
Full right-of-way restoration, including sod, is required.
4 PUBLIC WORKS UTILITY ROAD CUT INFORMATIONAL
Notes:
Any utility cuts in the road must be repaired using COJ Standard Detail Case X and must be overlaid 10 feet in each direction from the center of the cut.
Repair must be shown on the plans.\r\r\r\r\r\r\r\r
5 PUBLIC WORKS CONSTRUCTION SITE MANAGEMENT INFORMATIONAL
Notes:
Provide construction site management plan, including location of silt fence, dumpster, portable toilet. Right-of-Way Permit is required if using right-of-
way for construction parking.
6 PUBLIC WORKS GRASS INFORMATIONAL
Notes:
Full site to be grassed.
7 PUBLIC WORKS REVISION INFORMATIONAL
Notes:
Any plan change must be submitted as a Revision to the Building Department.
8 PUBLIC WORKS DEBRIS REMOVED INFORMATIONAL
Notes:
All construction debris must be removed from job site by Contractor.
9 PUBLIC WORKS INFRASTRUCTURE INFORMATIONAL
Notes:
Any damage done to infrastructure must be repaired by Contractor.
10 PUBLIC WORKS OTHER PUBLIC WORKS CONDITION INFORMATIONAL
Notes:
Provide GIS information for files.
11 PUBLIC UTILITIES UNDERGROUND WATER SEWER UTILITIES INFORMATIONAL
Notes:
Avoid damage to underground water and sewer utilities. Verify vertical and horizontal location of utilities. Hand dig if necessary. If field coordination is
needed, call 247-5878. State Law requires calling Sunshine 811 to have ALL public utilities located BEFORE beginning the work.
12 PUBLIC UTILITIES ADDITIONAL COMMENTS PUBLIC UTILITIES INFORMATIONAL
Notes:
ALL UNDERGROUND UTILITIES MUST BE FIELD VERIFIED BEFORE DIGGING
2 of 2Issued Date: 9/14/2023
PERMIT NUMBER
ROW23-0032
ISSUED: 9/14/2023
EXPIRES: 12/13/2023
RIGHT OF WAY PERMIT
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
ROW23-0032
ROW23-0032
NO EXPECTED CONFLICTSWITH OTHER UTILITIESLOCATION:201 MAGNOLIA ST, ATLANTIC BEACH, FL32233TOTAL LENGTH OF JOB: 142' UGJOB DESCRIPTION: CATV DIRECTIONAL BOREPLACEMENTDRAWN BY: SSDATE:SCALE: NTS OF 4108/28/2023COMCAST PERMIT REQUEST FOR LOCATION:201 MAGNOLIA ST, ATLANTIC BEACH, FL 32233THESE PLANS WERE PREPARED UNDER THERESPONSIBLE CHARGE OF COMCAST.JB1574414SANTA ROSAOKALOOSAWALTONHOLMESWASHINGTONBAYCALHOUNJACKSONGADSDENLIBERTYGULFFRAMKLINWAKULLALEONJEFFERSONTAYLORMADISONHAMILTONSUWANNEELAFAYETTEDIXIEGILCHRISTCOLUMBIAUNIONBAKERBRADFORDALACHUALEVYMARIONPUTNAMCLAYDUVALNASSAUST JOHNSFLAGLERVOLUSIALAKESUMTERCITRUSORANGESEMINOLEOSCEOLAPASCOHERNANDOPOLKHILLSBOROUGHPINELLASINDIAN RIVERBREVARDST LUCIEMARTINOKEECHOBEEHIGHLANDSHARDEEMANATEESARASOTADESOTOGLADESCHARLOTTELEEHENDRYPALM BEACHBROWARDCOLLIERMIAMI-DADEMONROEESCAMBIAVICINITY MAP:201 MAGNOLIA ST, ATLANTIC BEACH, FL 32233DUVAL COUNTYROW23-0032
LOCATION:201 MAGNOLIA ST, ATLANTIC BEACH, FL32233TOTAL LENGTH OF JOB: 142' UGJOB DESCRIPTION: CATV DIRECTIONAL BOREPLACEMENTDRAWN BY: SSDATE:SCALE: NTS OF 4208/28/2023NO BACKREAMER USEDNO EXPECTED CONFLICTSWITH OTHER UTILITIESCOMCAST PERMIT REQUEST FOR LOCATION:201 MAGNOLIA ST, ATLANTIC BEACH, FL 32233THE FOLLOWING STANDARD PLANS ARE IN ACCORDANCE WITHTHE FLORIDA DEPARTMENT OF TRANSPORTATION 2023-2024INDEX 102-602 AND APPLY TO: 201 MAGNOLIA ST, ATLANTIC BEACH, FL 32233GENERAL NOTES:ALL PROPOSED UNDERGROUND CATV WILL BE BURIED A MINIMUM OF 36" INCLUDING ROAD BORES AND DRIVEWAY BORES.ALL PROPOSED UNDERGROUND CATV ROAD BORES WILL USE CITY APPROVED DIRECTIONAL BORE MACHINE, AS WELL ASCOUNTY APPROVED CONDUIT.ALL PROPOSED CATV ROAD BORES WILL EXTEND A MINIMUM OF 7' BEYOND THE EDGE OF PAVEMENT.ALL PROPOSED CATV DRIVEWAY BORES WILL EXTEND A MINIMUM OF 6' BEYOND THE EDGE OF PAVEMENT.ALL PROPOSED BORES WILL BE IN A (4'X4'X4') PIT AND WILL USE 2" HDPE CONDUIT AT 36" DEPTH USING A5 1/4" DRILL HEAD.ALL PROPOSED AERIAL CATV WILL BE 0.700" DIAMETER AND WILL BE LASHED TO 0.250" STEEL STRAND CABLEUSING 0.125" STANDARD GALVANIZED LASHING WIRE.ALL PROPOSED AERIAL CATV CROSSING ROADWAYS WILL HAVE A MINIMUM MID-SPAN HEIGHT OF 18'-0".ALL PROPOSED AERIAL CATV CROSSING DRIVEWAYS WILL HAVE A MINIMUM MID-SPAN HEIGHT OF 16'-0".LOCATES WILL BE REQUIRED IN ALL PROPOSED UNDERGROUND AREAS AT LEAST 48 HRS PRIOR TO CONSTRUCTION.NOTIFICATIONS TO ALL UTILITIES INVOLVED WILL BE MADE PRIOR TO CONSTRUCTION.ALL DISTRIBUTED AREA WITHIN THE RIGHT OF WAY WILL BE RESTORED TO ORIGINAL OR BETTER CONDITION BY GRADINGAND RE-SODDING. SOD ALL AREAS DISTURBED BY CONSTRUCTION WITH BERMUDA SOD. "ALL CRACKED SIDEWALKS ARETO BE REPLACED FROM JOINT TO JOINT WITHIN 7 DAYS OF WORK COMPLETION."WORK OPERATIONS ARE TO BE MINDFUL NOT TO DAMAGE THE PAVER SIDEWALK WHEN POSITIONING EQUIPMENT. ANYDAMAGE INCLUDING TRACK MARKS WILL BE REPAIRED OR REPLACED BY THE CONTRACTOR.CONSTRUCTION NOTES:IN ORDER TO REDUCE THE DISRUPTION AND COST OF UTILITY DAMAGES OCCURRING IN THE RIGHT-OF-WAY ANDEASEMENTS. THE PERMITTEE SHALL PREVENT DAMAGES TO EXISTING UTILITIES CAUSED BY THE WORK THROUGH FIELDVERIFICATION OF THE LOCATION OF THE EXISTING UTILITIES IN CASE OF OPEN EXCAVATION. VERIFICATION MAY BEPERFORMED DURING THE PERMITTEES WORK. IN THE CASE OF DIRECTIONAL DRILLING, VERIFICATION SHALL TAKE PLACEPRIOR TO MOBILIZATION OF THE DRILLING EQUIPMENT.THE PERMITTEE SHALL VERIFY THE LOCATION OF THE EXISTING UTILITIES AS NEEDED TO AVOID CONTACT WITHDETECTION EQUIPMENT OR OTHER ACCEPTABLE MEANS, SUCH METHODS MAY INCLUDE BUT SHALL NOT BE LIMITEDTO-"SOFT DIG"-EQUIPMENT AND GROUND PENETRATION RADAR (GPR). THE EXCAVATOR SHALL BE HELD LIABLE FORDAMAGES CAUSED TO CITY'S/COUNTY'S/STATE INFRASTRUCTURE AND THE EXISTING FACILITIES OF THE OTHER UTILITYCOMPANIES.NO REAMER USEDROAD RIGHT-OF-WAYSANITARY SEWERSTORM SEWERCABLE TV SPAN (EXIST)FENCEGAS PIPELINEOH POWER LINEUG POWER LINEPROPERTY LINEBOTTOM BANKTOP BANKUNKNOWN UG UTILITYWATER LINECOMCAST AERIAL ROUTECOMCAST BORE ROUTECABLE TV BORE (EXIST)OH TELEPHONEUG TELEPHONEROAD CENTERLINEFIBER OPTIC CABLEMANHOLE (SANITARY SEWER)CABLE TV PEDESTALMANHOLE (STORM SEWER)EDGE OF PAVEMENTCABLE TV RISERUTILITY POLESSFIRE HYDRANTRAILROAD CENTERLINEELECTRIC PADRAILROAD CROSSING SIGNMHINLETCATCH BASINWATER VALVERAILROAD CROSSING SIGNALWATER VAULTTELEPHONE PEDESTALELECTRIC VAULTBORE PITCULVERTWATER MAIN / METERSIDEWALKDRIVEWAYUTILITY VAULTHAND HOLECATV VAULTCATV VAULTGAS VALVEWTEVWMVNCV
LOCATION:201 MAGNOLIA ST, ATLANTIC BEACH, FL32233TOTAL LENGTH OF JOB: 142' UGJOB DESCRIPTION: CATV DIRECTIONAL BOREPLACEMENTDRAWN BY: SSDATE:SCALE: NTS OF 4308/28/2023NO EXPECTED CONFLICTSWITH OTHER UTILITIESNO BACKREAMER USEDR/WR/WEOPEOPR/WR/WEOPEOP13'13'13'13'R/WR/
W
EOPEOPC/GC/GR/WEOPC/G R/WEOPC/G D/W D/WD/WD/WD/WD/WD/W 2'2'12'12'12'12'PINE ST226' ± TOSEMINOLE RD284' ± TOSEASPRAY AVE573' ± TOSTURDIVANT AVE594' ± TO DAVID STDAVID STMAGNOLIA STMAGNOLIA ST 142'PROPOSED BORE PLACEMENTFOR 142' ALONG & CROSSINGMAGNOLIA ST & DAVID STAT MIN DEPTH OF 36"USING 2" 13.5 SDR ROLL PIPEWITH 0.700" COAXIAL CABLE0+00BEGIN UG HEREEXISTING CATV PED1+42END UG HEREEXISTING CATV PED-FIRE HYDRANTCATCH BASINCATCH BASINCATCH BASINC&G
50'R/W
EOP
C/LR/W
EOPC/L0''12''24''36''48''60''72''84''96''108''0''12''24''36''48''60''72''84''96''108''22'12'12'7'R/W
R/W
CATV
TELE 8'13'EOP
EOP 50'R/W
R/W
EOPC/L13'R/W
R/W
0''12''24''36''48''60''72''84''96''108''0''12''24''36''48''60''72''84''96''108''EOP
24'STM CATV @ 36'' MINC&G
2' C&G
2' C&G50'22'50'22'2'2'50'24'50'24'13'8'7'1'11'11'1'13'WATER 11'STM12'12'STORM DRAIN MHSTORM DRAIN MH
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CHAPTER 2019-131
Committee Substitute for Committee Substitute for
Committee Substitute for Senate Bill No. 1000
An act relating to communications services; amending s. 202.20, F.S.;
conforming a cross-reference; amending s. 337.401, F.S.; revising legisla-
tive intent; specifying limitations and prohibitions on municipalities and
counties relating to registrations and renewals of communications service
providers; authorizing municipalities and counties to require certain
information as part of a registration; prohibiting municipalities and
counties from requiring a payment of fees, costs, or charges for provider
registration or renewal; prohibiting municipalities and counties from
adopting or enforcing certain ordinances, regulations, or requirements;
specifying limitations on municipal and county authority to regulate and
manage municipal and county roads or rights-of-way; prohibiting certain
municipalities and counties from electing to impose permit fees; providing
retroactive applicability; authorizing certain municipalities and counties
to continue to require and collect such fees; deleting obsolete provisions;
specifying activities for which permit fees may not be imposed; deleting
certain provisions relating to municipality, charter county, and nonchar-
ter county elections to impose, or not to impose, permit fees; requiring that
enforcement of certain ordinances must be suspended until certain
conditions are met; revising legislative intent relating to the imposition
of certain fees, costs, and exactions on providers; specifying a condition for
certain in-kind compensation; revising items over which municipalities
and counties may not exercise regulatory control; authorizing munici-
palities and counties to require a right-of-way permit for certain purposes;
providing requirements for processing certain permit applications; pro-
hibiting municipalities and counties from certain actions relating to
certain aerial or underground communications facilities; specifying
limitations and requirements for certain municipal and county rules
and regulations; revising definitions for the Advanced Wireless Infra-
structure Deployment Act; prohibiting certain actions by an authority
relating to certain utility poles; prohibiting authorities from requiring
permit applicants to provide certain information, except under certain
circumstances; adding prohibited acts by authorities relating to small
wireless facilities, application requirements, public notification and public
meetings, and the placement of certain facilities; revising applicability of
authority rules and regulations governing the placement of utility poles in
the public rights-of-way; providing construction relating to judicial review
of certain application denials; specifying grounds for an authority’s denial
of a proposed collocation of a small wireless facility or placement of a
utility pole in the public rights-of-way; deleting an authority’s authoriza-
tion to adopt ordinances for performance bonds and security funds;
authorizing an authority to require a construction bond, subject to certain
conditions; requiring authorities to accept certain financial instruments
for certain financial obligations; authorizing providers to add authorities
1
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ROW23-0032
to certain financial instruments;prohibiting an authority from requiring a
provider to indemnify an authority for certain liabilities;prohibiting an
authority from requiring a permit,approval,fees,charges,costs,or
exactions for certain activities;authorizing and limiting filings an
authority may require relating to micro wireless facility equipment;
providing an exception to a certain right-of-way permit for certain service
restoration work;providing conditions under which a wireless provider
must comply with certain requirements of an authority which prohibit
new utility poles used to support small wireless facilities in certain areas;
providing that an authority may require wireless providers to comply with
certain objective design standards adopted by ordinance;authorizing an
authority to waive such design standards under certain circumstances;
providing a requirement for the waiver;revising an authority’s author-
ization to apply certain ordinances to applications filed before a certain
timeframe;authorizing a civil action for violations;providing actions a
court may take;requiring that work in certain authority rights-of-way
must comply with a specified document;providing for statutory construc-
tion;providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1.Paragraph (b)of subsection (2)of section 202.20,Florida
Statutes,is amended to read:
202.20 Local communications services tax conversion rates.—
(2)
(b)Except as otherwise provided in this subsection,“replaced revenue
sources,”as used in this section,means the following taxes,charges,fees,or
other impositions to the extent that the respective local taxing jurisdictions
were authorized to impose them prior to July 1,2000.
1.With respect to municipalities and charter counties and the taxes
authorized by s.202.19(1):
a.The public service tax on telecommunications authorized by former s.
166.231(9).
b.Franchise fees on cable service providers as authorized by 47 U.S.C.s.
542.
c.The public service tax on prepaid calling arrangements.
d.Franchise fees on dealers of communications services which use the
public roads or rights-of-way,up to the limit set forth in s.337.401.For
purposes of calculating rates under this section,it is the legislative intent
that charter counties be treated as having had the same authority as
municipalities to impose franchise fees on recurring local telecommunication
service revenues prior to July 1,2000.However,the Legislature recognizes
Ch.2019-131 LAWS OF FLORIDA Ch.2019-131
2
CODING:Words stricken are deletions;words underlined are additions.
that the authority of charter counties to impose such fees is in dispute,and
the treatment provided in this section is not an expression of legislative
intent that charter counties actually do or do not possess such authority.
e.Actual permit fees relating to placing or maintaining facilities in or on
public roads or rights-of-way,collected from providers of long-distance,
cable,and mobile communications services for the fiscal year ending
September 30,1999;however,if a municipality or charter county elects
the option to charge permit fees pursuant to s.337.401(3)(c)337.401(3)(c)
1.a.,such fees shall not be included as a replaced revenue source.
2.With respect to all other counties and the taxes authorized in s.
202.19(1),franchise fees on cable service providers as authorized by 47
U.S.C.s.542.
Section 2.Subsection (3),paragraphs (d),(e),and (f)of subsection (6),
and paragraphs (b),(c),(d),(e),(f),(g),and (i)of subsection (7)of section
337.401,Florida Statutes,are amended,paragraph (r)is added to subsection
(7),and subsections (8)and (9)are added to that section,to read:
337.401 Use of right-of-way for utilities subject to regulation;permit;
fees.—
(3)(a)Because of the unique circumstances applicable to providers of
communications services,including,but not limited to,the circumstances
described in paragraph (e)and the fact that federal and state law require the
nondiscriminatory treatment of providers of telecommunications services,
and because of the desire to promote competition among providers of
communications services,it is the intent of the Legislature that munici-
palities and counties treat providers of communications services in a
nondiscriminatory and competitively neutral manner when imposing
rules or regulations governing the placement or maintenance of commu-
nications facilities in the public roads or rights-of-way.Rules or regulations
imposed by a municipality or county relating to providers of communications
services placing or maintaining communications facilities in its roads or
rights-of-way must be generally applicable to all providers of communica-
tions services,taking into account the distinct engineering,construction,
operation,maintenance,public works,and safety requirements of the
provider’s facilities,and,notwithstanding any other law,may not require
a provider of communications services to apply for or enter into an individual
license,franchise,or other agreement with the municipality or county as a
condition of placing or maintaining communications facilities in its roads or
rights-of-way.In addition to other reasonable rules or regulations that a
municipality or county may adopt relating to the placement or maintenance
of communications facilities in its roads or rights-of-way under this
subsection or subsection (7),a municipality or county may require a provider
of communications services that places or seeks to place facilities in its roads
or rights-of-way to register with the municipality or county.To register,a
provider of communications services may be required only to provide its
name and to provide the name of the registrant;the name,address,and
Ch.2019-131 LAWS OF FLORIDA Ch.2019-131
3
CODING:Words stricken are deletions;words underlined are additions.
telephone number of a contact person for the registrant;the number of the
registrant’s current certificate of authorization issued by the Florida Public
Service Commission,the Federal Communications Commission,or the
Department of State;a statement of whether the registrant is a pass-
through provider as defined in s.337.401(6)(a)1.;the registrant’s federal
employer identification number;and any required proof of insurance or self-
insuring status adequate to defend and cover claims.A municipality or
county may not require a registrant to renew a registration more frequently
than every 5 years but may require during this period that a registrant
update the registration information provided under this subsection within
90 days after a change in such information.A municipality or county may not
require the registrant to provide an inventory of communications facilities,
maps,locations of such facilities,or other information by a registrant as a
condition of registration,renewal,or for any other purpose;provided,
however,that a municipality or county may require as part of a permit
application that the applicant identify at-grade communications facilities
within 50 feet of the proposed installation location for the placement of at-
grade communications facilities.A municipality or county may not require a
provider to pay any fee,cost,or other charge for registration or renewal
thereof.It is the intent of the Legislature that the placement,operation,
maintenance,upgrading,and extension of communications facilities not be
unreasonably interrupted or delayed through the permitting or other local
regulatory process.Except as provided in this chapter or otherwise expressly
authorized by chapter 202,chapter 364,or chapter 610,a municipality or
county may not adopt or enforce any ordinance,regulation,or requirement
as to the placement or operation of communications facilities in a right-of-
way by a communications services provider authorized by state or local law
to operate in a right-of-way;regulate any communications services;or
impose or collect any tax,fee,cost,charge,or exaction for the provision of
communications services over the communications services provider’s
communications facilities in a right-of-way.
(b)Registration described in paragraph (a)does not establish a right to
place or maintain,or priority for the placement or maintenance of,a
communications facility in roads or rights-of-way of a municipality or
county.Each municipality and county retains the authority to regulate and
manage municipal and county roads or rights-of-way in exercising its police
power,subject to the limitations imposed in this section and chapters 202
and 610.Any rules or regulations adopted by a municipality or county which
govern the occupation of its roads or rights-of-way by providers of
communications services must be related to the placement or maintenance
of facilities in such roads or rights-of-way,must be reasonable and
nondiscriminatory,and may include only those matters necessary to
manage the roads or rights-of-way of the municipality or county.
(c)Any municipality or county that,as of January 1,2019,elected to
require permit fees from any provider of communications services that uses
or occupies municipal or county roads or rights-of-way pursuant to former
paragraph (c)or paragraph (j),Florida Statutes 2018,may continue to
Ch.2019-131 LAWS OF FLORIDA Ch.2019-131
4
CODING:Words stricken are deletions;words underlined are additions.
require and collect such fees.A municipality or county that elected as of
January 1,2019,to require permit fees may elect to forego such fees as
provided herein.A municipality or county that elected as of January 1,2019,
not to require permit fees may not elect to impose permit fees.
1.It is the intention of the state to treat all providers of communications
services that use or occupy municipal or charter county roads or rights-of-
way for the provision of communications services in a nondiscriminatory and
competitively neutral manner with respect to the payment of permit fees.
Certain providers of communications services have been granted by general
law the authority to offset permit fees against franchise or other fees while
other providers of communications services have not been granted this
authority.In order to treat all providers of communications services in a
nondiscriminatory and competitively neutral manner with respect to the
payment of permit fees,each municipality and charter county shall make an
election under either sub-subparagraph a.or sub-subparagraph b.and must
inform the Department of Revenue of the election by certified mail by July
16,2001.Such election shall take effect October 1,2001.
a.(I)The municipality or charter county may require and collect permit
fees from any providers of communications services that use or occupy
municipal or county roads or rights-of-way.All fees authorized permitted
under this paragraph sub-subparagraph must be reasonable and commen-
surate with the direct and actual cost of the regulatory activity,including
issuing and processing permits,plan reviews,physical inspection,and direct
administrative costs;must be demonstrable;and must be equitable among
users of the roads or rights-of-way.A fee authorized permitted under this
paragraph sub-subparagraph may not:be offset against the tax imposed
under chapter 202;include the costs of roads or rights-of-way acquisition or
roads or rights-of-way rental;include any general administrative,manage-
ment,or maintenance costs of the roads or rights-of-way;or be based on a
percentage of the value or costs associated with the work to be performed on
the roads or rights-of-way.In an action to recover amounts due for a fee not
authorized permitted under this paragraph sub-subparagraph,the prevail-
ing party may recover court costs and attorney attorney’s fees at trial and on
appeal.In addition to the limitations set forth in this section,a fee levied by a
municipality or charter county under this paragraph sub-subparagraph may
not exceed $100.However,permit fees may not be imposed with respect to
permits that may be required for service drop lines not required to be noticed
under s.556.108(5)s.556.108(5)(a)2.or for any activity that does not require
the physical disturbance of the roads or rights-of-way or does not impair
access to or full use of the roads or rights-of-way,including,but not limited
to,the performance of service restoration work on existing facilities,
extensions of such facilities for providing communications services to
customers,and the placement of micro wireless facilities in accordance
with subparagraph (7)(e)3.
(II)To ensure competitive neutrality among providers of communica-
tions services,for any municipality or charter county that elects to exercise
its authority to require and collect permit fees under this sub-subparagraph,
Ch.2019-131 LAWS OF FLORIDA Ch.2019-131
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the rate of the local communications services tax imposed by such
jurisdiction,as computed under s.202.20,shall automatically be reduced
by a rate of 0.12 percent.
b.Alternatively,the municipality or charter county may elect not to
require and collect permit fees from any provider of communications services
that uses or occupies municipal or charter county roads or rights-of-way for
the provision of communications services;however,each municipality or
charter county that elects to operate under this sub-subparagraph retains
all authority to establish rules and regulations for providers of communica-
tions services to use or occupy roads or rights-of-way as provided in this
section.
1.If a municipality or charter county elects to not require permit fees
operate under this sub-subparagraph,the total rate for the local commu-
nications services tax as computed under s.202.20 for that municipality or
charter county may be increased by ordinance or resolution by an amount
not to exceed a rate of 0.12 percent.If a municipality or charter county elects
to increase its rate effective October 1,2001,the municipality or charter
county shall inform the department of such increased rate by certified mail
postmarked on or before July 16,2001.
c.A municipality or charter county that does not make an election as
provided for in this subparagraph shall be presumed to have elected to
operate under the provisions of sub-subparagraph b.
2.Each noncharter county shall make an election under either sub-
subparagraph a.or sub-subparagraph b.and shall inform the Department of
Revenue of the election by certified mail by July 16,2001.Such election shall
take effect October 1,2001.
a.The noncharter county may elect to require and collect permit fees
from any providers of communications services that use or occupy non-
charter county roads or rights-of-way.All fees permitted under this sub-
subparagraph must be reasonable and commensurate with the direct and
actual cost of the regulatory activity,including issuing and processing
permits,plan reviews,physical inspection,and direct administrative costs;
must be demonstrable;and must be equitable among users of the roads or
rights-of-way.A fee permitted under this sub-subparagraph may not:be
offset against the tax imposed under chapter 202;include the costs of roads
or rights-of-way acquisition or roads or rights-of-way rental;include any
general administrative,management,or maintenance costs of the roads or
rights-of-way;or be based on a percentage of the value or costs associated
with the work to be performed on the roads or rights-of-way.In an action to
recover amounts due for a fee not permitted under this sub-subparagraph,
the prevailing party may recover court costs and attorney’s fees at trial and
on appeal.In addition to the limitations set forth in this section,a fee levied
by a noncharter county under this sub-subparagraph may not exceed $100.
However,permit fees may not be imposed with respect to permits that may
be required for service drop lines not required to be noticed under s.
Ch.2019-131 LAWS OF FLORIDA Ch.2019-131
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556.108(5)(a)2.or for any activity that does not require the physical
disturbance of the roads or rights-of-way or does not impair access to or
full use of the roads or rights-of-way.
b.Alternatively,the noncharter county may elect not to require and
collect permit fees from any provider of communications services that uses or
occupies noncharter county roads or rights-of-way for the provision of
communications services;however,each noncharter county that elects to
operate under this sub-subparagraph shall retain all authority to establish
rules and regulations for providers of communications services to use or
occupy roads or rights-of-way as provided in this section.
2.If a noncharter county elects to not require permit fees operate under
this sub-subparagraph,the total rate for the local communications services
tax as computed under s.202.20 for that noncharter county may be increased
by ordinance or resolution by an amount not to exceed a rate of 0.24 percent,
to replace the revenue the noncharter county would otherwise have received
from permit fees for providers of communications services.If a noncharter
county elects to increase its rate effective October 1,2001,the noncharter
county shall inform the department of such increased rate by certified mail
postmarked on or before July 16,2001.
c.A noncharter county that does not make an election as provided for in
this subparagraph shall be presumed to have elected to operate under the
provisions of sub-subparagraph b.
3.Except as provided in this paragraph,municipalities and counties
retain all existing authority to require and collect permit fees from users or
occupants of municipal or county roads or rights-of-way and to set
appropriate permit fee amounts.
(d)After January 1,2001,In addition to any other notice requirements,a
municipality must provide to the Secretary of State,at least 10 days prior to
consideration on first reading,notice of a proposed ordinance governing a
telecommunications company placing or maintaining telecommunications
facilities in its roads or rights-of-way.After January 1,2001,In addition to
any other notice requirements,a county must provide to the Secretary of
State,at least 15 days prior to consideration at a public hearing,notice of a
proposed ordinance governing a telecommunications company placing or
maintaining telecommunications facilities in its roads or rights-of-way.The
notice required by this paragraph must be published by the Secretary of
State on a designated Internet website.The failure of a municipality or
county to provide such notice does not render the ordinance invalid,provided
that enforcement of such ordinance must be suspended until 30 days after
the municipality or county provides the required notice.
(e)The authority of municipalities and counties to require franchise fees
from providers of communications services,with respect to the provision of
communications services,is specifically preempted by the state because of
unique circumstances applicable to providers of communications services
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when compared to other utilities occupying municipal or county roads or
rights-of-way.Providers of communications services may provide similar
services in a manner that requires the placement of facilities in municipal or
county roads or rights-of-way or in a manner that does not require the
placement of facilities in such roads or rights-of-way.Although similar
communications services may be provided by different means,the state
desires to treat providers of communications services in a nondiscriminatory
manner and to have the taxes,franchise fees,and other fees,costs,and
financial or regulatory exactions paid by or imposed on providers of
communications services be competitively neutral.Municipalities and
counties retain all existing authority,if any,to collect franchise fees from
users or occupants of municipal or county roads or rights-of-way other than
providers of communications services,and the provisions of this subsection
shall have no effect upon this authority.The provisions of this subsection do
not restrict the authority,if any,of municipalities or counties or other
governmental entities to receive reasonable rental fees based on fair market
value for the use of public lands and buildings on property outside the public
roads or rights-of-way for the placement of communications antennas and
towers.
(f)Except as expressly allowed or authorized by general law and except
for the rights-of-way permit fees subject to paragraph (c),a municipality or
county may not levy on a provider of communications services a tax,fee,or
other charge or imposition for operating as a provider of communications
services within the jurisdiction of the municipality or county which is in any
way related to using its roads or rights-of-way.A municipality or county may
not require or solicit in-kind compensation,except as otherwise provided in
s.202.24(2)(c)8.,provided that the in-kind compensation is not a franchise
fee under federal law.Nothing in this paragraph impairs the authority of a
municipality or county to request public,educational,or governmental
access channels pursuant to or s.610.109.Nothing in this paragraph shall
impair any ordinance or agreement in effect on May 22,1998,or any
voluntary agreement entered into subsequent to that date,which provides
for or allows in-kind compensation by a telecommunications company.
(g)A municipality or county may not use its authority over the
placement of facilities in its roads and rights-of-way as a basis for asserting
or exercising regulatory control over a provider of communications services
regarding matters within the exclusive jurisdiction of the Florida Public
Service Commission or the Federal Communications Commission,includ-
ing,but not limited to,the operations,systems,equipment,technology,
qualifications,services,service quality,service territory,and prices of a
provider of communications services.A municipality or county may not
require any permit for the maintenance,repair,replacement,extension,or
upgrade of existing aerial wireline communications facilities on utility poles
or for aerial wireline facilities between existing wireline communications
facility attachments on utility poles by a communications services provider.
However,a municipality or county may require a right-of-way permit for
work that involves excavation,closure of a sidewalk,or closure of a vehicular
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lane or parking lane,unless the provider is performing service restoration to
existing facilities.A permit application required by an authority under this
section for the placement of communications facilities must be processed and
acted upon consistent with the timeframes provided in subparagraphs (7)(d)
7.,8.,and 9.In addition,a municipality or county may not require any
permit or other approval,fee,charge,or cost,or other exaction for the
maintenance,repair,replacement,extension,or upgrade of existing aerial
lines or underground communications facilities located on private property
outside of the public rights-of-way.As used in this section,the term
“extension of existing facilities”includes those extensions from the rights
of way into a customer’s private property for purposes of placing a service
drop or those extensions from the rights of way into a utility easement to
provide service to a discrete identifiable customer or group of customers.
(h)A provider of communications services that has obtained permission
to occupy the roads or rights-of-way of an incorporated municipality
pursuant to s.362.01 or that is otherwise lawfully occupying the roads or
rights-of-way of a municipality or county shall not be required to obtain
consent to continue such lawful occupation of those roads or rights-of-way;
however,nothing in this paragraph shall be interpreted to limit the power of
a municipality or county to adopt or enforce reasonable rules or regulations
as provided in this section and consistent with chapters 202,364,and 610.
Any such rules or regulations must be in writing,and registered providers of
communications services in the municipality or county must be given at
least 60 days advance written notice of any changes to the rules and
regulations.
(i)Except as expressly provided in this section,this section does not
modify the authority of municipalities and counties to levy the tax
authorized in chapter 202 or the duties of providers of communications
services under ss.337.402-337.404.This section does not apply to building
permits,pole attachments,or private roads,private easements,and private
rights-of-way.
(j)Pursuant to this paragraph,any county or municipality may by
ordinance change either its election made on or before July 16,2001,under
paragraph (c)or an election made under this paragraph.
1.a.If a municipality or charter county changes its election under this
paragraph in order to exercise its authority to require and collect permit fees
in accordance with this subsection,the rate of the local communications
services tax imposed by such jurisdiction pursuant to ss.202.19 and 202.20
shall automatically be reduced by the sum of 0.12 percent plus the
percentage,if any,by which such rate was increased pursuant to sub-
subparagraph (c)1.b.
b.If a municipality or charter county changes its election under this
paragraph in order to discontinue requiring and collecting permit fees,the
rate of the local communications services tax imposed by such jurisdiction
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pursuant to ss.202.19 and 202.20 may be increased by ordinance or
resolution by an amount not to exceed 0.24 percent.
2.a.If a noncharter county changes its election under this paragraph in
order to exercise its authority to require and collect permit fees in accordance
with this subsection,the rate of the local communications services tax
imposed by such jurisdiction pursuant to ss.202.19 and 202.20 shall
automatically be reduced by the percentage,if any,by which such rate
was increased pursuant to sub-subparagraph (c)2.b.
b.If a noncharter county changes its election under this paragraph in
order to discontinue requiring and collecting permit fees,the rate of the local
communications services tax imposed by such jurisdiction pursuant to ss.
202.19 and 202.20 may be increased by ordinance or resolution by an amount
not to exceed 0.24 percent.
3.a.Any change of election pursuant to this paragraph and any tax rate
change resulting from such change of election shall be subject to the notice
requirements of s.202.21;however,no such change of election shall become
effective prior to January 1,2003.
b.Any county or municipality changing its election under this paragraph
in order to exercise its authority to require and collect permit fees shall,in
addition to complying with the notice requirements under s.202.21,provide
to all dealers providing communications services in such jurisdiction written
notice of such change of election by September 1 immediately preceding the
January 1 on which such change of election becomes effective.For purposes
of this sub-subparagraph,dealers providing communications services in
such jurisdiction shall include every dealer reporting tax to such jurisdiction
pursuant to s.202.37 on the return required under s.202.27 to be filed on or
before the 20th day of May immediately preceding the January 1 on which
such change of election becomes effective.
(k)Notwithstanding the provisions of s.202.19,when a local commu-
nications services tax rate is changed as a result of an election made or
changed under this subsection,such rate may shall not be rounded to tenths.
(6)
(d)The amounts charged pursuant to this subsection shall be based on
the linear miles of roads or rights-of-way where a communications facility is
placed,not based on a summation of the lengths of individual cables,
conduits,strands,or fibers.The amounts referenced in this subsection may
be charged only once annually and only to one person annually for any
communications facility.A municipality or county shall discontinue char-
ging such amounts to a person that has ceased to be a pass-through provider.
Any annual amounts charged shall be reduced for a prorated portion of any
12-month period during which the person remits taxes imposed by the
municipality or county pursuant to chapter 202.Any excess amounts paid to
a municipality or county shall be refunded to the person upon written notice
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of the excess to the municipality or county.A municipality or county may
require a pass-through provider to provide an annual notarized statement
identifying the total number of linear miles of pass-through facilities in the
municipality’s or county’s rights-of-way.Upon request from a municipality
or county,a pass-through provider must provide reasonable access to maps
of pass-through facilities located in the rights-of-way of the municipality or
county making the request.The scope of the request must be limited to only
those maps of pass-through facilities from which the calculation of the linear
miles of pass-through facilities in the rights-of-way can be determined.The
request must be accompanied by an affidavit that the person making the
request is authorized by the municipality or county to review tax informa-
tion related to the revenue and mileage calculations for pass-through
providers.A request may not be made more than once annually to a pass-
through provider.
(e)This subsection does not alter any provision of this section or s.202.24
relating to taxes,fees,or other charges or impositions by a municipality or
county on a dealer of communications services or authorize that any charges
be assessed on a dealer of communications services,except as specifically set
forth herein.A municipality or county may not charge a pass-through
provider any amounts other than the charges under this subsection as a
condition to the placement or maintenance of a communications facility in
the roads or rights-of-way of a municipality or county by a pass-through
provider,except that a municipality or county may impose permit fees on a
pass-through provider consistent with paragraph (3)(c)if the municipality or
county elects to exercise its authority to collect permit fees under paragraph
(3)(c).
(f)The charges under this subsection do not apply to communications
facilities placed in a municipality’s or county’s rights-of-way prior to the
effective date of this subsection with permission from the municipality or
county,if any was required,except to the extent the facilities of a pass-
through provider were subject to per linear foot or mile charges in effect as of
October 1,2001,in which case the municipality or county may only impose
on a pass-through provider charges consistent with paragraph (b)or
paragraph (c)for such facilities.Notwithstanding the foregoing,this
subsection does not impair any written agreement between a pass-through
provider and a municipality or county imposing per linear foot or mile
charges for communications facilities placed in municipal or county roads or
rights-of-way that is in effect prior to the effective date of this subsection.
Upon the termination or expiration of any such written agreement,any
charges imposed must shall be consistent with this section paragraph (b)or
paragraph (c).Notwithstanding the foregoing,until October 1,2005,this
subsection shall not affect a municipality or county continuing to impose
charges in excess of the charges authorized in this subsection on facilities of
a pass-through provider that is not a dealer of communications services in
the state under chapter 202,but only to the extent such charges were
imposed by municipal or county ordinance or resolution adopted prior to
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February 1,2002.Effective October 1,2005,any charges imposed shall be
consistent with paragraph (b)or paragraph (c).
(7)
(b)As used in this subsection,the term:
1.“Antenna”means communications equipment that transmits or
receives electromagnetic radio frequency signals used in providing wireless
services.
2.“Applicable codes”means uniform building,fire,electrical,plumbing,
or mechanical codes adopted by a recognized national code organization or
local amendments to those codes enacted solely to address threats of
destruction of property or injury to persons,and includes the National
Electric Safety Code and the 2017 edition of the Florida Department of
Transportation Utility Accommodation Manual or local codes or ordinances
adopted to implement this subsection.The term includes objective design
standards adopted by ordinance that may require a new utility pole that
replaces an existing utility pole to be of substantially similar design,
material,and color or that may require reasonable spacing requirements
concerning the location of ground-mounted equipment.The term includes
objective design standards adopted by ordinance that may require a small
wireless facility to meet reasonable location context,color,stealth,and
concealment requirements;however,such design standards may be waived
by the authority upon a showing that the design standards are not
reasonably compatible for the particular location of a small wireless facility
or that the design standards impose an excessive expense.The waiver shall
be granted or denied within 45 days after the date of the request.
3.“Applicant”means a person who submits an application and is a
wireless provider.
4.“Application”means a request submitted by an applicant to an
authority for a permit to collocate small wireless facilities or to place a new
utility pole used to support a small wireless facility.
5.“Authority”means a county or municipality having jurisdiction and
control of the rights-of-way of any public road.The term does not include the
Department of Transportation.Rights-of-way under the jurisdiction and
control of the department are excluded from this subsection.
6.“Authority utility pole”means a utility pole owned by an authority in
the right-of-way.The term does not include a utility pole owned by a
municipal electric utility,a utility pole used to support municipally owned or
operated electric distribution facilities,or a utility pole located in the right-
of-way within:
a.A retirement community that:
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(I)Is deed restricted as housing for older persons as defined in s.
760.29(4)(b);
(II)Has more than 5,000 residents;and
(III)Has underground utilities for electric transmission or distribution.
b.A municipality that:
(I)Is located on a coastal barrier island as defined in s.161.053(1)(b)3.;
(II)Has a land area of less than 5 square miles;
(III)Has less than 10,000 residents;and
(IV)Has,before July 1,2017,received referendum approval to issue debt
to finance municipal-wide undergrounding of its utilities for electric
transmission or distribution.
7.“Collocate”or “collocation”means to install,mount,maintain,modify,
operate,or replace one or more wireless facilities on,under,within,or
adjacent to a wireless support structure or utility pole.The term does not
include the installation of a new utility pole or wireless support structure in
the public rights-of-way.
8.“FCC”means the Federal Communications Commission.
9.“Micro wireless facility”means a small wireless facility having
dimensions no larger than 24 inches in length,15 inches in width,and 12
inches in height and an exterior antenna,if any,no longer than 11 inches.
10.“Small wireless facility”means a wireless facility that meets the
following qualifications:
a.Each antenna associated with the facility is located inside an
enclosure of no more than 6 cubic feet in volume or,in the case of antennas
that have exposed elements,each antenna and all of its exposed elements
could fit within an enclosure of no more than 6 cubic feet in volume;and
b.All other wireless equipment associated with the facility is cumula-
tively no more than 28 cubic feet in volume.The following types of associated
ancillary equipment are not included in the calculation of equipment
volume:electric meters,concealment elements,telecommunications demar-
cation boxes,ground-based enclosures,grounding equipment,power trans-
fer switches,cutoff switches,vertical cable runs for the connection of power
and other services,and utility poles or other support structures.
11.“Utility pole”means a pole or similar structure that is used in whole
or in part to provide communications services or for electric distribution,
lighting,traffic control,signage,or a similar function.The term includes the
vertical support structure for traffic lights but does not include a horizontal
structure to which signal lights or other traffic control devices are attached
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and does not include a pole or similar structure 15 feet in height or less
unless an authority grants a waiver for such pole.
12.“Wireless facility”means equipment at a fixed location which
enables wireless communications between user equipment and a commu-
nications network,including radio transceivers,antennas,wires,coaxial or
fiber-optic cable or other cables,regular and backup power supplies,and
comparable equipment,regardless of technological configuration,and
equipment associated with wireless communications.The term includes
small wireless facilities.The term does not include:
a.The structure or improvements on,under,within,or adjacent to the
structure on which the equipment is collocated;
b.Wireline backhaul facilities;or
c.Coaxial or fiber-optic cable that is between wireless structures or
utility poles or that is otherwise not immediately adjacent to or directly
associated with a particular antenna.
13.“Wireless infrastructure provider”means a person who has been
certificated under chapter 364 to provide telecommunications service in the
state or under chapter 610 to provide cable or video services in this state,or
that person’s affiliate,and who builds or installs wireless communication
transmission equipment,wireless facilities,or wireless support structures
but is not a wireless services provider.
14.“Wireless provider”means a wireless infrastructure provider or a
wireless services provider.
15.“Wireless services”means any services provided using licensed or
unlicensed spectrum,whether at a fixed location or mobile,using wireless
facilities.
16.“Wireless services provider”means a person who provides wireless
services.
17.“Wireless support structure”means a freestanding structure,such
as a monopole,a guyed or self-supporting tower,or another existing or
proposed structure designed to support or capable of supporting wireless
facilities.The term does not include a utility pole,pedestal,or other support
structure for ground-based equipment not mounted on a utility pole and less
than 5 feet in height.
(c)Except as provided in this subsection,an authority may not prohibit,
regulate,or charge for the collocation of small wireless facilities in the public
rights-of-way or for the installation,maintenance,modification,operation,
or replacement of utility poles used for the collocation of small wireless
facilities in the public rights-of-way.
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(d)An authority may require a registration process and permit fees in
accordance with subsection (3).An authority shall accept applications for
permits and shall process and issue permits subject to the following
requirements:
1.An authority may not directly or indirectly require an applicant to
perform services unrelated to the collocation for which approval is sought,
such as in-kind contributions to the authority,including reserving fiber,
conduit,or pole space for the authority.
2.An applicant may not be required to provide more information to
obtain a permit than is necessary to demonstrate the applicant’s compliance
with applicable codes for the placement of small wireless facilities in the
locations identified in the application.An applicant may not be required to
provide inventories,maps,or locations of communications facilities in the
right-of-way other than as necessary to avoid interference with other at-
grade or aerial facilities located at the specific location proposed for a small
wireless facility or within 50 feet of such location.
3.An authority may not:
a.Require the placement of small wireless facilities on any specific
utility pole or category of poles;or
b.Require the placement of multiple antenna systems on a single utility
pole;
c.Require a demonstration that collocation of a small wireless facility on
an existing structure is not legally or technically possible as a condition for
granting a permit for the collocation of a small wireless facility on a new
utility pole except as provided in paragraph (i);
d.Require compliance with an authority’s provisions regarding place-
ment of small wireless facilities or a new utility pole used to support a small
wireless facility in rights-of-way under the control of the department unless
the authority has received a delegation from the department for the location
of the small wireless facility or utility pole,or require such compliance as a
condition to receive a permit that is ancillary to the permit for collocation of a
small wireless facility,including an electrical permit;
e.Require a meeting before filing an application;
f.Require direct or indirect public notification or a public meeting for the
placement of communication facilities in the right-of-way;
g.Limit the size or configuration of a small wireless facility or any of its
components,if the small wireless facility complies with the size limits in this
subsection;
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h.Prohibit the installation of a new utility pole used to support the
collocation of a small wireless facility if the installation otherwise meets the
requirements of this subsection;or
i.Require that any component of a small wireless facility be placed
underground except as provided in paragraph (i).
4.Subject to paragraph (r),an authority may not limit the placement,by
minimum separation distances,of small wireless facilities,utility poles on
which small wireless facilities are or will be collocated,or other at-grade
communications facilities by minimum separation distances.However,
within 14 days after the date of filing the application,an authority may
request that the proposed location of a small wireless facility be moved to
another location in the right-of-way and placed on an alternative authority
utility pole or support structure or placed on may place a new utility pole.
The authority and the applicant may negotiate the alternative location,
including any objective design standards and reasonable spacing require-
ments for ground-based equipment,for 30 days after the date of the request.
At the conclusion of the negotiation period,if the alternative location is
accepted by the applicant,the applicant must notify the authority of such
acceptance and the application shall be deemed granted for any new location
for which there is agreement and all other locations in the application.If an
agreement is not reached,the applicant must notify the authority of such
nonagreement and the authority must grant or deny the original application
within 90 days after the date the application was filed.A request for an
alternative location,an acceptance of an alternative location,or a rejection of
an alternative location must be in writing and provided by electronic mail.
5.An authority shall limit the height of a small wireless facility to 10 feet
above the utility pole or structure upon which the small wireless facility is to
be collocated.Unless waived by an authority,the height for a new utility pole
is limited to the tallest existing utility pole as of July 1,2017,located in the
same right-of-way,other than a utility pole for which a waiver has
previously been granted,measured from grade in place within 500 feet of
the proposed location of the small wireless facility.If there is no utility pole
within 500 feet,the authority shall limit the height of the utility pole to 50
feet.
6.Except as provided in subparagraphs 4.and 5.,The installation by a
communications services provider of a utility pole in the public rights-of-
way,other than a utility pole used designed to support a small wireless
facility,is shall be subject to authority rules or regulations governing the
placement of utility poles in the public rights-of-way and shall be subject to
the application review timeframes in this subsection.
7.Within 14 days after receiving an application,an authority must
determine and notify the applicant by electronic mail as to whether the
application is complete.If an application is deemed incomplete,the
authority must specifically identify the missing information.An application
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is deemed complete if the authority fails to provide notification to the
applicant within 14 days.
8.An application must be processed on a nondiscriminatory basis.A
complete application is deemed approved if an authority fails to approve or
deny the application within 60 days after receipt of the application.If an
authority does not use the 30-day negotiation period provided in subpara-
graph 4.,the parties may mutually agree to extend the 60-day application
review period.The authority shall grant or deny the application at the end of
the extended period.A permit issued pursuant to an approved application
shall remain effective for 1 year unless extended by the authority.
9.An authority must notify the applicant of approval or denial by
electronic mail.An authority shall approve a complete application unless it
does not meet the authority’s applicable codes.If the application is denied,
the authority must specify in writing the basis for denial,including the
specific code provisions on which the denial was based,and send the
documentation to the applicant by electronic mail on the day the authority
denies the application.The applicant may cure the deficiencies identified by
the authority and resubmit the application within 30 days after notice of the
denial is sent to the applicant.The authority shall approve or deny the
revised application within 30 days after receipt or the application is deemed
approved.The review of a revised application is Any subsequent review shall
be limited to the deficiencies cited in the denial.If an authority provides for
administrative review of the denial of an application,the review must be
complete and a written decision issued within 45 days after a written
request for review is made.A denial must identify the specific code
provisions on which the denial is based.If the administrative review is
not complete within 45 days,the authority waives any claim regarding
failure to exhaust administrative remedies in any judicial review of the
denial of an application.
10.An applicant seeking to collocate small wireless facilities within the
jurisdiction of a single authority may,at the applicant’s discretion,file a
consolidated application and receive a single permit for the collocation of up
to 30 small wireless facilities.If the application includes multiple small
wireless facilities,an authority may separately address small wireless
facility collocations for which incomplete information has been received or
which are denied.
11.An authority may deny an application to collocate a proposed
collocation of a small wireless facility or place a utility pole used to support
a small wireless facility in the public rights-of-way if the proposed small
wireless facility or utility pole used to support a small wireless facility
collocation:
a.Materially interferes with the safe operation of traffic control
equipment.
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b.Materially interferes with sight lines or clear zones for transportation,
pedestrians,or public safety purposes.
c.Materially interferes with compliance with the Americans with
Disabilities Act or similar federal or state standards regarding pedestrian
access or movement.
d.Materially fails to comply with the 2017 2010 edition of the Florida
Department of Transportation Utility Accommodation Manual.
e.Fails to comply with applicable codes.
f.Fails to comply with objective design standards authorized under
paragraph (r).
12.An authority may adopt by ordinance provisions for insurance
coverage,indemnification,performance bonds,security funds,force ma-
jeure,abandonment,authority liability,or authority warranties.Such
provisions must be reasonable and nondiscriminatory.An authority may
require a construction bond to secure restoration of the postconstruction
rights-of-way to the preconstruction condition.However,such bond must be
time-limited to not more than 18 months after the construction to which the
bond applies is completed.For any financial obligation required by an
authority allowed under this section,the authority shall accept a letter of
credit or similar financial instrument issued by any financial institution
that is authorized to do business within the United States,provided that a
claim against the financial instrument may be made by electronic means,
including by facsimile.A provider of communications services may add an
authority to any existing bond,insurance policy,or other relevant financial
instrument,and the authority must accept such proof of coverage without
any conditions other than consent to venue for purposes of any litigation to
which the authority is a party.An authority may not require a communica-
tions services provider to indemnify it for liabilities not caused by the
provider,including liabilities arising from the authority’s negligence,gross
negligence,or willful conduct.
13.Collocation of a small wireless facility on an authority utility pole
does not provide the basis for the imposition of an ad valorem tax on the
authority utility pole.
14.An authority may reserve space on authority utility poles for future
public safety uses.However,a reservation of space may not preclude
collocation of a small wireless facility.If replacement of the authority utility
pole is necessary to accommodate the collocation of the small wireless facility
and the future public safety use,the pole replacement is subject to make-
ready provisions and the replaced pole shall accommodate the future public
safety use.
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15.A structure granted a permit and installed pursuant to this
subsection shall comply with chapter 333 and federal regulations pertaining
to airport airspace protections.
(e)An authority may not require any permit or other approval or require
fees,or other charges,costs,or other exactions for:
1.Routine maintenance,the performance of service restoration work on
existing facilities,or repair work,including,but not limited to,emergency
repairs of existing facilities or extensions of such facilities for providing
communications services to customers;
2.Replacement of existing wireless facilities with wireless facilities that
are substantially similar or of the same or smaller size;or
3.Installation,placement,maintenance,or replacement of micro wire-
less facilities that are suspended on cables strung between existing utility
poles in compliance with applicable codes by or for a communications
services provider authorized to occupy the rights-of-way and who is
remitting taxes under chapter 202.An authority may require an initial
letter from or on behalf of such provider,which is effective upon filing,
attesting that the micro wireless facility dimensions comply with the limits
of this subsection.The authority may not require any additional filing or
other information as long as the provider is deploying the same,a
substantially similar,or a smaller size micro wireless facility equipment.
Notwithstanding this paragraph,an authority may require a right-of-way
permit for work that involves excavation,closure of a sidewalk,or closure of
a vehicular lane or parking lane,unless the provider is performing service
restoration on an existing facility and the work is done in compliance with
the 2017 edition of the Florida Department of Transportation Utility
Accommodation Manual.An authority may require notice of such work
within 30 days after restoration and may require an after-the-fact permit for
work which would otherwise have required a permit.
(f)Collocation of small wireless facilities on authority utility poles is
subject to the following requirements:
1.An authority may not enter into an exclusive arrangement with any
person for the right to attach equipment to authority utility poles.
2.The rates and fees for collocations on authority utility poles must be
nondiscriminatory,regardless of the services provided by the collocating
person.
3.The rate to collocate small wireless facilities on an authority utility
pole may not exceed $150 per pole annually.
4.Agreements between authorities and wireless providers that are in
effect on July 1,2017,and that relate to the collocation of small wireless
facilities in the right-of-way,including the collocation of small wireless
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facilities on authority utility poles,remain in effect,subject to applicable
termination provisions.The wireless provider may accept the rates,fees,and
terms established under this subsection for small wireless facilities and
utility poles that are the subject of an application submitted after the rates,
fees,and terms become effective.
5.A person owning or controlling an authority utility pole shall offer
rates,fees,and other terms that comply with this subsection.By the later of
January 1,2018,or 3 months after receiving a request to collocate its first
small wireless facility on a utility pole owned or controlled by an authority,
the person owning or controlling the authority utility pole shall make
available,through ordinance or otherwise,rates,fees,and terms for the
collocation of small wireless facilities on the authority utility pole which
comply with this subsection.
a.The rates,fees,and terms must be nondiscriminatory and competi-
tively neutral and must comply with this subsection.
b.For an authority utility pole that supports an aerial facility used to
provide communications services or electric service,the parties shall comply
with the process for make-ready work under 47 U.S.C.s.224 and
implementing regulations.The good faith estimate of the person owning
or controlling the pole for any make-ready work necessary to enable the pole
to support the requested collocation must include pole replacement if
necessary.
c.For an authority utility pole that does not support an aerial facility
used to provide communications services or electric service,the authority
shall provide a good faith estimate for any make-ready work necessary to
enable the pole to support the requested collocation,including necessary
pole replacement,within 60 days after receipt of a complete application.
Make-ready work,including any pole replacement,must be completed
within 60 days after written acceptance of the good faith estimate by the
applicant.Alternatively,an authority may require the applicant seeking to
collocate a small wireless facility to provide a make-ready estimate at the
applicant’s expense for the work necessary to support the small wireless
facility,including pole replacement,and perform the make-ready work.If
pole replacement is required,the scope of the make-ready estimate is limited
to the design,fabrication,and installation of a utility pole that is
substantially similar in color and composition.The authority may not
condition or restrict the manner in which the applicant obtains,develops,or
provides the estimate or conducts the make-ready work subject to usual
construction restoration standards for work in the right-of-way.The
replaced or altered utility pole shall remain the property of the authority.
d.An authority may not require more make-ready work than is required
to meet applicable codes or industry standards.Fees for make-ready work
may not include costs related to preexisting damage or prior noncompliance.
Fees for make-ready work,including any pole replacement,may not exceed
actual costs or the amount charged to communications services providers
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other than wireless services providers for similar work and may not include
any consultant fee or expense.
(g)For any applications filed before the effective date of ordinances
implementing this subsection,an authority may apply current ordinances
relating to placement of communications facilities in the right-of-way
related to registration,permitting,insurance coverage,indemnification,
performance bonds,security funds,force majeure,abandonment,authority
liability,or authority warranties.Permit application requirements and
small wireless facility placement requirements,including utility pole height
limits,that conflict with this subsection must shall be waived by the
authority.An authority may not institute,either expressly or de facto,a
moratorium,zoning-in-progress,or other mechanism that would prohibit or
delay the filing,receiving,or processing of registrations,applications,or
issuing of permits or other approvals for the collocation of small wireless
facilities or the installation,modification,or replacement of utility poles
used to support the collocation of small wireless facilities.
(i)1.In an area where an authority has required all public utility lines in
the rights-of-way to be placed underground,a wireless provider must comply
with written,objective,reasonable,and nondiscriminatory requirements
that prohibit new utility poles used to support small wireless facilities if:
a.The authority,at least 90 days prior to the submission of an
application,has required all public utility lines to be placed underground;
b.Structures that the authority allows to remain above ground are
reasonably available to wireless providers for the collocation of small
wireless facilities and may be replaced by a wireless provider to accom-
modate the collocation of small wireless facilities;and
c.A wireless provider may install a new utility pole in the designated
area in the right-of-way that otherwise complies with this subsection and it
is not reasonably able to provide wireless service by collocating on a
remaining utility pole or other structure in the right-of-way.
2.For small wireless facilities installed before an authority adopts
requirements that public utility lines be placed underground,an authority
adopting such requirements must:
a.Allow a wireless provider to maintain the small wireless facilities in
place subject to any applicable pole attachment agreement with the pole
owner;or
b.Allow the wireless provider to replace the associated pole within 50
feet of the prior location in accordance with paragraph (r).A wireless
provider shall,in relation to a small wireless facility,utility pole,or wireless
support structure in the public rights-of-way,comply with nondiscrimina-
tory undergrounding requirements of an authority that prohibit above-
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ground structures in public rights-of-way.Any such requirements may be
waived by the authority.
(r)An authority may require wireless providers to comply with objective
design standards adopted by ordinance.The ordinance may only require:
1.A new utility pole that replaces an existing utility pole to be of
substantially similar design,material,and color;
2.Reasonable spacing requirements concerning the location of a ground-
mounted component of a small wireless facility which does not exceed 15 feet
from the associated support structure;or
3.A small wireless facility to meet reasonable location context,color,
camouflage,and concealment requirements,subject to the limitations in this
subsection;and
4.A new utility pole used to support a small wireless facility to meet
reasonable location context,color,and material of the predominant utility
pole type at the proposed location of the new utility pole.
Such design standards under this paragraph may be waived by the authority
upon a showing that the design standards are not reasonably compatible for
the particular location of a small wireless facility or utility pole or are
technically infeasible or that the design standards impose an excessive
expense.The waiver must be granted or denied within 45 days after the date
of the request.
(8)(a)Any person aggrieved by a violation of this section may bring a civil
action in a United States District Court or in any other court of competent
jurisdiction.
(b)The court may:
1.Grant temporary or permanent injunctions on terms as it may deem
reasonable to prevent or restrain violations of this section;and
2.Direct the recovery of full costs,including awarding reasonable
attorney fees,to the party who prevails.
(9)All work in the authority’s rights-of-way under this section must
comply with the 2017 edition of the Florida Department of Transportation
Utility Accommodation Manual.
Section 3.Nothing in this act shall be construed to delay the issuance of
permits for other utility work,including,but not limited to,permits related
to electricity or gas work in the rights-of-way.
Section 4.This act shall take effect July 1,2019.
Approved by the Governor June 25,2019.
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Filed in Office Secretary of State June 25,2019.
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