1805 Selva Grande Dr ROW20-0038 Damaged Cable Replacement Permit PacketOWNER:ADDRESS:CITY:STATE:ZIP:
HAWKINS JAMES D 1805 SELVA GRANDE DR ATLANTIC BEACH FL 32233-4526
COMPANY:ADDRESS:CITY:STATE:ZIP:
TrueNet Communications 7666 Blanding BLVD JACKSONVILLE FL 32244
TYPE OF
CONSTRUCTION:
REAL ESTATE
NUMBER:ZONING:BUILDING USE
GROUP:SUBDIVISION:
169542 5044 SELVA TIERRA
JOB ADDRESS:PERMIT TYPE:DESCRIPTION: VALUE OF WORK:
1805 SELVA GRANDE DR RIGHT OF WAY SINGLE OR TWO
FAMILY RIGHT OF WAY
replace 117-ft. of damaged
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 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.
2 PUBLIC WORKS ON SITE RUNOFF INFORMATIONAL
Notes:
All runoff must remain on-site during construction.
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: 1/4/2021
PERMIT NUMBER
ROW20-0038
ISSUED: 1/4/2021
EXPIRES: 4/4/2021
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 ROLL OFF CONTAINER INFORMATIONAL
Notes:
Roll off container company must be on City approved list. Approved list can be obtained at the Building Department at City Hall. Roll off container
cannot be placed on City right-of-way.
4 PUBLIC WORKS RIGHT OF WAY RESTORATION INFORMATIONAL
Notes:
Full right-of-way restoration, including sod, is required.
5 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
6 PUBLIC WORKS INFRASTRUCTURE INFORMATIONAL
Notes:
Any damage done to infrastructure must be repaired by Contractor.
7 PUBLIC WORKS AS-BUILT INFORMATIONAL
Notes:
Contractor must submit As-Built plans to City within 30 days after completion of project.
2 of 2Issued Date: 1/4/2021
PERMIT NUMBER
ROW20-0038
ISSUED: 1/4/2021
EXPIRES: 4/4/2021
RIGHT OF WAY PERMIT
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
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I-10 I-95I-295 NORMANDY MAINBEACHLANEPHILLIPS103RDLEM TURNERUNIVERSITYJ TURNER BUTLER HECKSCHERSAN JOSE SOUTHSIDE ATLANTIC EDGEWOODBLANDINGSAN PABLO SOUTELCASSAT EASTPORTSAN JUAN ARLINGTON CESERYSUNBEAMROOSEVELT BUCCANEERHENDRICKSMCDUFFBUSCHBAYMEADOWSHARTAIRPORTTIMUQUANACOLLEGEWILSONST JOHNS OCEANU.S. HWY 90W CLARKBELFORTSTATE HWY 105GOLFAIRPONTE VEDRA STATE HWY 101 STATE HWY A1AI-295I-295 DUVALI-295U.S. HWY 301 STATE HWY 111U.S. HWY 1 U.S. HWY 1I-295
ALL UTILITIES LOCATED BYVISUAL INSPECTION, TOVERIFIED BY LOCATES.EOT REPRESENTS EDGE OFTRAVEL NOT TRUE EDGE OFPAVEMENT.E/P REPRESENTS THE TRUEEDGE OF PAVEMENT.EOD REPRESENTS THE EDGE OFDIRT.HAND DIG TRENCHES 36" DEEPACROSS DIRT ROAD.GGGGGGGG
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Charlie Dudley
General Counsel
cdudley@flapartners.com
Robert G. Scott, Jr.
Partner
bobscott@dwt.com
County Right-of Way Permitting Authority for Wireline Communications Providers
A Practical Guide to SB 1000
With SB 1000, effective July 1, 2019, the Florida Legislature amended Section 337.401, Florida Statutes,
which generally authorizes Florida counties and other government entities to require communications
service providers to register and to obtain permits for certain installations of communications facilities
within public rights-of-way (PROW). While much of SB 1000 addresses management of wireless
installations in the PROW – specifically “small wireless facilities” -- certain important amendments affect
registration and permitting authority over wireline providers, such as telephone and cable television
companies.
Below is a summary of the key revisions to § 337.401 applicable to wireline facilities. Although the
statute applies equally to counties, cities and other government entities (i.e. “authorities”), this summary
is directed to counties.
1. When a County May Generally Require a Permit for Wireline Work:
A county may require a wireline provider to obtain a permit for work in the PROW that
requires excavation (e.g. underground work in PROW).
A county may require a wireline provider to obtain a permit for work that requires any street
closure, vehicular lane closure, or parking lane closure.
Fla. Stat. § 337.401(3)(g); see also Fla. Stat. § 337.401(7)(e).
Note: all excavation in Florida must comply with Florida’s “call before you dig” statute (see
generally Chapter 556, F.S.), as applicable.
2.When a County May Not Generally Require a Permit:
A county “may not require a 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 . . .” Fla. Stat. § 337.401(3)(g).
A county may not require a permit for work on existing facilities to restore service or for
emergency repairs. Fla. Stat. § 337.401(7)(e)1.
Note that this exemption from permit requirements for restoration work or emergency repairs
applies to both existing aerial and underground facilities in the PROW:
o No advance permit can be required even if the work requires excavation or the
closure of a sidewalk, vehicular lane or parking lane;
2
o A county can require notice of such work to be given within 30 days after restoration,
and may require an after-the fact permit if the work otherwise would have required a
permit (e.g. for excavation work).
A county may not require a permit for the installation of “micro wireless facilities” (e.g. WiFi
devices meeting dimensional standards) on cables strung between existing utility poles. A
county, however, may require an initial letter from the provider attesting that the dimensions
of the micro wireless facility comply with statutory limits. Fla. Stat. § 337.401(7)(e)3.
A 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.” Fla. Stat. § 337.401(3)(g). An “extension” under this provision
includes extensions from the PROW onto private property for a service drop or “into a utility
easement to provide service to a discrete identifiable customer or group of customers.”
3. Restrictions on Requirements for Authorized Permits and Registrations:
SB 1000 eliminates a provision under the previous version of the statute that allowed counties
to elect to collect permit fees in lieu of an increase to the rate of the state-wide
communications services tax. Compare Fla. Stat. § 337.401(3)(c)(2018) with Fla. Stat. §
337.401(3)(c)(2019).
o After the amendment, no county may impose fees for PROW permits with a limited
exception for any 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 former paragraph
(j), Florida Statutes 2018.” Fla. Stat. § 337.401(3)(c).
o This exception appears to cover five grandfathered jurisdictions - unincorporated
areas of Collier, Hernando and Orange counties, plus Bowling Green and Jupiter
Inlet Colony. As under the previous version of the statute, eligible jurisdictions may
impose permit fees up to $100.Fla. Stat. § 337.401(3)(c).
A county “may not require the registrant to provide an inventory of communications
facilities, maps, locations of such facilities, or other information … as a condition of
registration, renewal, or for any other purpose.” Fla. Stat. § 337.401(3)(a).
o An exception to this restriction allows a county to “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 facilities.” Id.
A “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, including, but not
limited to, the operations, systems, equipment, technology, qualifications, services, service
quality, service territory, and prices of a provider of communications services.” Fla. Stat. §
337.401(3)(g). Note that this statute prohibits any county regulation or other control over a
provider’s choice of equipment or technology.
3
4.A shot clock controls the permitting process:
A county must notify a provider by electronic mail if a permit application is complete or not
within 14 days of filing – if not, the application is deemed complete;
If an application is declared incomplete, the county must identify any missing information; a
provider has 30 days to correct and resubmit, starting another clock;
If a complete application is not acted upon by the county within 60 days, it is deemed
granted;
A provider may agree to extend the application review period for up to 60 days;
Permits are good for 1 year;
If an application is denied, the county must notify a provider via electronic mail, and state the
specific code provision and basis for denial;
A provider has 30 days to cure any deficiency noted by county;
The county has 30 days after receipt of the cured application to approve or deny, or the
application is deemed granted. Any review must be limited to deficiencies cited in the denial;
Any administrative review of a denial must be completed within 45 days or a provider may
appeal to court with no need to wait for a decision;
See attached flow chart for shot clock illustration.
For specific details of the shot clock, see Fla. Stat. §§ 337.401(3)(g), 337.401(7)(d)7-9.
5. Registration, security and financial restrictions (applicable to all providers, not just wireline):
Registration and renewals are for at least 5 years; a provider must update any changed
information from registration. Fla. Stat. § 337.401(3)(a).
A county may not impose fees, costs or other charges for registration or renewal, or any fees,
costs, taxes or other exactions on services. Fla. Stat. § 337.401(3)(a).
A county may not require “performance bonds or security funds” as part of the permitting
process. Fla. Stat. § 337.401(7)(d). This provision amplifies an existing provision in the
Communications Services Tax law that was amended in 2017 deeming any security fund to
be a prohibited tax. See Fla. Stat. § 202.24(2)(b)(1).
Any required construction bond must be limited to 18 months’ duration after completion of
the project. Fla. Stat. § 337.401(7)(d)(12).
A provider may use letters of credit or similar instruments to fulfill any lawful financial
obligations required by authorities. Fla. Stat. § 337.401(7)(d)(12).
A provider may add a county to any existing bond, insurance, or financial instrument, with no
conditions other than local venue for litigation of disputes. Fla. Stat. § 337.401(7)(d)(12).
A county may not require a provider to indemnify it for its negligence, gross negligence, or
willful conduct.Fla. Stat. § 337.401(7)(d)(12).
Florida Shot Clock for Permit Process
Application Filed
Declared complete
within 14 days
Declared incomplete
within 14 days
No action taken within 14 days –
application deemed complete
Correct and refile
within 30 days
60 days
to grant or deny
Granted within 60 days
permit good for 1 year Denied within 60 days
No action taken within 60 days –
application deemed granted
permit good for 1 year
Applicant has
30 days to cure
Authority has 30 days
to grant or deny
If granted
permit good for 1 year
If denied applicant may appeal to
court after 45 days if authority
has not completed local admin
process
No action within 30 days
application deemed granted
permit good for 1 year