Agenda 06/27/2017 Item #17F06/27/2017
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance permitting and regulating the placement of
communications facilities in the County Right-of-Way. (This is a companion to Agenda Items
16A13 and 16A14)
OBJECTIVE: To establish regulations for communications facilities in the County Right-of-Way in
accordance with the requirements of House Bill 687, the “Advanced Wireless Infrastructure Deployment
Act,” as codified in Section 337.401, Florida Statutes.
CONSIDERATIONS: During the 2017 Session, the Florida Legislature enacted House Bill 687, known
as the “Advanced Wireless Infrastructure Deployment Act,” codified in Section 337.401, Florida Statutes.
The Act requires that a local government allow for the collocation of small wireless facilities on t hat
government’s utility poles within the Public Right-of-Way, such as traffic and light poles, but also allows
for a limited right to regulate this activity.
The proposed Ordinance, drafted by the County Attorney working with staff, implements the regulatory
scheme conferred by the Act and provides for the registration, permitting and regulation of both small
wireless facilities, as well as other new communications facilities, wireless facilities, and wireless support
structures, within the County Right-of-Way in unincorporated Collier County. The purpose of the
Ordinance is to promote the public health, safety and general welfare by providing reasonable rules,
regulations and general conditions necessary to manage the placement and maintenance of
communications facilities in the County Right-of-Way by all Wireless Providers, to minimize the
disruption to the County Right-of-Way, to require the restoration of the County Right-of-Way to its
original condition, and to minimize the visual impact of these facilities.
The Act becomes effective July 1, 2017 and it is anticipated that the County will begin to receive
applications for small wireless facilities or other communication facilities. In order to ensure that the
processes and regulations in this Ordinance are effective on that date, this Ordinance has bypassed the
ordinary two-step adoption process and has been duly advertised for adoption at today’s meeting. It is
anticipated that as we have experience working with the Wireless Providers, that we will be coming back
to the Board with an amended ordinance to reflect to realities of the situation, as this entire process is new
not only to Florida, but nationally as well, reflecting the rapidly changing technology of the wireless
industry.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: The cost of advertisement was $387.44. The operating costs of implementing this
Ordinance is included in the companion item adopting a revised Fee Schedule.
LEGAL CONSIDERATIONS: This Ordinance was prepared by the County Attorney, is approved as to
form and legality, and requires a majority vote for Board adoption. - JAK
RECOMMENDATION: That the Board of County Commissioners adopts an Ordinance permitting and
regulating the placement of communications facilities in the County Rights-of-Way.
Prepared by: Jeffrey A. Klatzkow, County Attorney
17.F
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ATTACHMENT(S)
1. Proposed Ordinance Communication Facilities - rights-of- way (PDF)
2. House Bill 687 (PDF)
3. Legal Ad - Communication Facilities - rights-of-way (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.F
Doc ID: 3391
Item Summary: Recommendation to adopt an Ordinance permitting and regulating the placement
of communications facilities in the County Right-of-Way. (This is a companion to Agenda Items 16A13
and 16A14)
Meeting Date: 06/27/2017
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
06/19/2017 10:15 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/19/2017 10:15 AM
Approved By:
Review:
Growth Management Department Matthew McLean Additional Reviewer Completed 06/19/2017 1:23 PM
Growth Management Department James French Additional Reviewer Completed 06/19/2017 5:55 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/19/2017 10:24 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 06/20/2017 10:42 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/20/2017 3:54 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/20/2017 5:09 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/27/2017 9:00 AM
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1
An act relating to utilities; amending s. 337.401, 2
F.S.; authorizing the Department of Transportation and 3
certain local governmental entities to prescribe and 4
enforce rules or regulations regarding the placing and 5
maintaining of certain voice or data communications 6
services lines or wireless facilities on certain 7
rights-of-way; providing a short title; providing 8
definitions; prohibiting an authority from 9
prohibiting, regulating, or charging for the 10
collocation of small wireless facilities in public 11
rights-of-way under certain circumstances; authorizing 12
an authority to require a registration process and 13
permit fees under certain circumstances; requiring an 14
authority to accept, process, and issue applications 15
for permits subject to specified requirements; 16
prohibiting an authority from requiring approval or 17
requiring fees or other charges for routine 18
maintenance, the replacement of certain wireless 19
facilities, or the installation, placement, 20
maintenance, or replacement of certain micro wireless 21
facilities; providing an exception; providing 22
requirements for the collocation of small wireless 23
facilities on authority utility poles; providing 24
requirements for rates, fees, and other terms related 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to authority utility poles; authorizing an authority 26
to apply current ordinances regulating placement of 27
communications facilities in the right-of-way for 28
certain applications; requiring an authority to waive 29
certain permit application requirements and small 30
wireless facility placement requirements; prohibiting 31
an authority from adopting or enforcing any regulation 32
on the placement or operation of certain 33
communications facilities and from regulating any 34
communications services or imposing or collecting any 35
tax, fee, or charge not specifically authorized under 36
state law; providing construction; requiring a 37
wireless provider to comply with certain 38
nondiscriminatory undergrounding requirements of an 39
authority; authorizing the authority to waive any such 40
requirements; authorizing a wireless infrastructure 41
provider to apply to an authority to place utility 42
poles in the public rights-of-way to support the 43
collocation of small wireless facilities; providing 44
application requirements; requiring the authority to 45
accept and process the application subject to certain 46
requirements; providing construction; authorizing an 47
authority to enforce certain local codes, 48
administrative rules, or regulations; authorizing an 49
authority to enforce certain pending local ordinances, 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
administrative rules, or regulations under certain 51
circumstances, subject to waiver by the authority; 52
providing construction; providing an effective date. 53
54
Be It Enacted by the Legislature of the State of Florida: 55
56
Section 1. Paragraph (a) of subsection (1) of section 57
337.401, Florida Statutes, is amended, and subsection (7) is 58
added to that section, to read: 59
337.401 Use of right-of-way for utilities subject to 60
regulation; permit; fees.— 61
(1)(a) The department and local governmental entities, 62
referred to in this section and in ss. 337.402, 337.403, and 63
337.404 as the "authority," that have jurisdiction and control 64
of public roads or publicly owned rail corridors are authorized 65
to prescribe and enforce reasonable rules or regulations with 66
reference to the placing and maintaining across, on, or within 67
the right-of-way limits of any road or publicly owned rail 68
corridors under their respective jurisdictions any electric 69
transmission, voice telephone, telegraph, data, or other 70
communications services lines or wireless facilities; pole 71
lines; poles; railways; ditches; sewers; water, heat, or gas 72
mains; pipelines; fences; gasoline tanks and pumps; or other 73
structures referred to in this section and in ss. 337.402, 74
337.403, and 337.404 as the "utility." The department may enter 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
into a permit-delegation agreement with a governmental entity if 76
issuance of a permit is based on requirements that the 77
department finds will ensure the safety and integrity of 78
facilities of the Department of Transportation; however, the 79
permit-delegation agreement does not apply to facilities of 80
electric utilities as defined in s. 366.02(2). 81
(7)(a) This subsection may be cited as the "Advanced 82
Wireless Infrastructure Deployment Act." 83
(b) As used in this subsection, the term: 84
1. "Antenna" means communications equipment that transmits 85
or receives electromagnetic radio frequency signals used in 86
providing wireless services. 87
2. "Applicable codes" means uniform building, fire, 88
electrical, plumbing, or mechanical codes adopted by a 89
recognized national code organization or local amendments to 90
those codes enacted solely to address threats of destruction of 91
property or injury to persons, or local codes or ordinances 92
adopted to implement this subsection. The term includes 93
objective design standards adopted by ordinance that may require 94
a new utility pole that replaces an existing utility pole to be 95
of substantially similar design, material, and color or that may 96
require reasonable spacing requirements concerning the location 97
of ground-mounted equipment. The term includes objective design 98
standards adopted by ordinance that may require a small wireless 99
facility to meet reasonable location context, color, stealth, 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and concealment requirements; however, such design standards may 101
be waived by the authority upon a showing that the design 102
standards are not reasonably compatible for the particular 103
location of a small wireless facility or that the design 104
standards impose an excessive expense. The waiver shall be 105
granted or denied within 45 days after the date of the request. 106
3. "Applicant" means a person who submits an application 107
and is a wireless provider. 108
4. "Application" means a request submitted by an applicant 109
to an authority for a permit to collocate small wireless 110
facilities. 111
5. "Authority" means a county or municipality having 112
jurisdiction and control of the rights-of-way of any public 113
road. The term does not include the Department of 114
Transportation. Rights-of-way under the jurisdiction and control 115
of the department are excluded from this subsection. 116
6. "Authority utility pole" means a utility pole owned by 117
an authority in the right-of-way. The term does not include a 118
utility pole owned by a municipal electric utility, a utility 119
pole used to support municipally owned or operated electric 120
distribution facilities, or a utility pole located in the right-121
of-way within: 122
a. A retirement community that: 123
(I) Is deed restricted as housing for older persons as 124
defined in s. 760.29(4)(b); 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(II) Has more than 5,000 residents; and 126
(III) Has underground utilities for electric transmission 127
or distribution. 128
b. A municipality that: 129
(I) Is located on a coastal barrier island as defined in 130
s. 161.053(1)(b)3.; 131
(II) Has a land area of less than 5 square miles; 132
(III) Has less than 10,000 residents; and 133
(IV) Has, before July 1, 2017, received referendum 134
approval to issue debt to finance municipal-wide undergrounding 135
of its utilities for electric transmission or distribution. 136
7. "Collocate" or "collocation" means to install, mount, 137
maintain, modify, operate, or replace one or more wireless 138
facilities on, under, within, or adjacent to a wireless support 139
structure or utility pole. The term does not include the 140
installation of a new utility pole or wireless support structure 141
in the public rights-of-way. 142
8. "FCC" means the Federal Communications Commission. 143
9. "Micro wireless facility" means a small wireless 144
facility having dimensions no larger than 24 inches in length, 145
15 inches in width, and 12 inches in height and an exterior 146
antenna, if any, no longer than 11 inches. 147
10. "Small wireless facility" means a wireless facility 148
that meets the following qualifications: 149
a. Each antenna associated with the facility is located 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
inside an enclosure of no more than 6 cubic feet in volume or, 151
in the case of antennas that have exposed elements, each antenna 152
and all of its exposed elements could fit within an enclosure of 153
no more than 6 cubic feet in volume; and 154
b. All other wireless equipment associated with the 155
facility is cumulatively no more than 28 cubic feet in volume. 156
The following types of associated ancillary equipment are not 157
included in the calculation of equipment volume: electric 158
meters, concealment elements, telecommunications demarcation 159
boxes, ground-based enclosures, grounding equipment, power 160
transfer switches, cutoff switches, vertical cable runs for the 161
connection of power and other services, and utility poles or 162
other support structures. 163
11. "Utility pole" means a pole or similar structure that 164
is used in whole or in part to provide communications services 165
or for electric distribution, lighting, traffic control, 166
signage, or a similar function. The term includes the vertical 167
support structure for traffic lights but does not include a 168
horizontal structure to which signal lights or other traffic 169
control devices are attached and does not include a pole or 170
similar structure 15 feet in height or less unless an authority 171
grants a waiver for such pole. 172
12. "Wireless facility" means equipment at a fixed 173
location which enables wireless communications between user 174
equipment and a communications network, including radio 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
transceivers, antennas, wires, coaxial or fiber-optic cable or 176
other cables, regular and backup power supplies, and comparable 177
equipment, regardless of technological configuration, and 178
equipment associated with wireless communications. The term 179
includes small wireless facilities. The term does not include: 180
a. The structure or improvements on, under, within, or 181
adjacent to the structure on which the equipment is collocated; 182
b. Wireline backhaul facilities; or 183
c. Coaxial or fiber-optic cable that is between wireless 184
structures or utility poles or that is otherwise not immediately 185
adjacent to or directly associated with a particular antenna. 186
13. "Wireless infrastructure provider" means a person who 187
has been certificated to provide telecommunications service in 188
the state and who builds or installs wireless communication 189
transmission equipment, wireless facilities, or wireless support 190
structures but is not a wireless services provider. 191
14. "Wireless provider" means a wireless infrastructure 192
provider or a wireless services provider. 193
15. "Wireless services" means any services provided using 194
licensed or unlicensed spectrum, whether at a fixed location or 195
mobile, using wireless facilities. 196
16. "Wireless services provider" means a person who 197
provides wireless services. 198
17. "Wireless support structure" means a freestanding 199
structure, such as a monopole, a guyed or self-supporting tower, 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or another existing or proposed structure designed to support or 201
capable of supporting wireless facilities. The term does not 202
include a utility pole. 203
(c) Except as provided in this subsection, an authority 204
may not prohibit, regulate, or charge for the collocation of 205
small wireless facilities in the public rights-of-way. 206
(d) An authority may require a registration process and 207
permit fees in accordance with subsection (3). An authority 208
shall accept applications for permits and shall process and 209
issue permits subject to the following requirements: 210
1. An authority may not directly or indirectly require an 211
applicant to perform services unrelated to the collocation for 212
which approval is sought, such as in-kind contributions to the 213
authority, including reserving fiber, conduit, or pole space for 214
the authority. 215
2. An applicant may not be required to provide more 216
information to obtain a permit than is necessary to demonstrate 217
the applicant's compliance with applicable codes for the 218
placement of small wireless facilities in the locations 219
identified the application. 220
3. An authority may not require the placement of small 221
wireless facilities on any specific utility pole or category of 222
poles or require multiple antenna systems on a single utility 223
pole. 224
4. An authority may not limit the placement of small 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
wireless facilities by minimum separation distances. However, 226
within 14 days after the date of filing the application, an 227
authority may request that the proposed location of a small 228
wireless facility be moved to another location in the right-of-229
way and placed on an alternative authority utility pole or 230
support structure or may place a new utility pole. The authority 231
and the applicant may negotiate the alternative location, 232
including any objective design standards and reasonable spacing 233
requirements for ground-based equipment, for 30 days after the 234
date of the request. At the conclusion of the negotiation 235
period, if the alternative location is accepted by the 236
applicant, the applicant must notify the authority of such 237
acceptance and the application shall be deemed granted for any 238
new location for which there is agreement and all other 239
locations in the application. If an agreement is not reached, 240
the applicant must notify the authority of such nonagreement and 241
the authority must grant or deny the original application within 242
90 days after the date the application was filed. A request for 243
an alternative location, an acceptance of an alternative 244
location, or a rejection of an alternative location must be in 245
writing and provided by electronic mail. 246
5. An authority shall limit the height of a small wireless 247
facility to 10 feet above the utility pole or structure upon 248
which the small wireless facility is to be collocated. Unless 249
waived by an authority, the height for a new utility pole is 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
limited to the tallest existing utility pole as of July 1, 2017, 251
located in the same right-of-way, other than a utility pole for 252
which a waiver has previously been granted, measured from grade 253
in place within 500 feet of the proposed location of the small 254
wireless facility. If there is no utility pole within 500 feet, 255
the authority shall limit the height of the utility pole to 50 256
feet. 257
6. Except as provided in subparagraphs 4. and 5., the 258
installation of a utility pole in the public rights-of-way 259
designed to support a small wireless facility shall be subject 260
to authority rules or regulations governing the placement of 261
utility poles in the public rights-of-way and shall be subject 262
to the application review timeframes in this subsection. 263
7. Within 14 days after receiving an application, an 264
authority must determine and notify the applicant by electronic 265
mail as to whether the application is complete. If an 266
application is deemed incomplete, the authority must 267
specifically identify the missing information. An application is 268
deemed complete if the authority fails to provide notification 269
to the applicant within 14 days. 270
8. An application must be processed on a nondiscriminatory 271
basis. A complete application is deemed approved if an authority 272
fails to approve or deny the application within 60 days after 273
receipt of the application. If an authority does not use the 30-274
day negotiation period provided in subparagraph 4., the parties 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
may mutually agree to extend the 60-day application review 276
period. The authority shall grant or deny the application at the 277
end of the extended period. A permit issued pursuant to an 278
approved application shall remain effective for 1 year unless 279
extended by the authority. 280
9. An authority must notify the applicant of approval or 281
denial by electronic mail. An authority shall approve a complete 282
application unless it does not meet the authority's applicable 283
codes. If the application is denied, the authority must specify 284
in writing the basis for denial, including the specific code 285
provisions on which the denial was based, and send the 286
documentation to the applicant by electronic mail on the day the 287
authority denies the application. The applicant may cure the 288
deficiencies identified by the authority and resubmit the 289
application within 30 days after notice of the denial is sent to 290
the applicant. The authority shall approve or deny the revised 291
application within 30 days after receipt or the application is 292
deemed approved. Any subsequent review shall be limited to the 293
deficiencies cited in the denial. 294
10. An applicant seeking to collocate small wireless 295
facilities within the jurisdiction of a single authority may, at 296
the applicant's discretion, file a consolidated application and 297
receive a single permit for the collocation of up to 30 small 298
wireless facilities. If the application includes multiple small 299
wireless facilities, an authority may separately address small 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
wireless facility collocations for which incomplete information 301
has been received or which are denied. 302
11. An authority may deny a proposed collocation of a 303
small wireless facility in the public rights-of-way if the 304
proposed collocation: 305
a. Materially interferes with the safe operation of 306
traffic control equipment. 307
b. Materially interferes with sight lines or clear zones 308
for transportation, pedestrians, or public safety purposes. 309
c. Materially interferes with compliance with the 310
Americans with Disabilities Act or similar federal or state 311
standards regarding pedestrian access or movement. 312
d. Materially fails to comply with the 2010 edition of the 313
Florida Department of Transportation Utility Accommodation 314
Manual. 315
e. Fails to comply with applicable codes. 316
12. An authority may adopt by ordinance provisions for 317
insurance coverage, indemnification, performance bonds, security 318
funds, force majeure, abandonment, authority liability, or 319
authority warranties. Such provisions must be reasonable and 320
nondiscriminatory. 321
13. Collocation of a small wireless facility on an 322
authority utility pole does not provide the basis for the 323
imposition of an ad valorem tax on the authority utility pole. 324
14. An authority may reserve space on authority utility 325
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
poles for future public safety uses. However, a reservation of 326
space may not preclude collocation of a small wireless facility. 327
If replacement of the authority utility pole is necessary to 328
accommodate the collocation of the small wireless facility and 329
the future public safety use, the pole replacement is subject to 330
make-ready provisions and the replaced pole shall accommodate 331
the future public safety use. 332
15. A structure granted a permit and installed pursuant to 333
this subsection shall comply with chapter 333 and federal 334
regulations pertaining to airport airspace protections. 335
(e) An authority may not require approval or require fees 336
or other charges for: 337
1. Routine maintenance; 338
2. Replacement of existing wireless facilities with 339
wireless facilities that are substantially similar or of the 340
same or smaller size; or 341
3. Installation, placement, maintenance, or replacement of 342
micro wireless facilities that are suspended on cables strung 343
between existing utility poles in compliance with applicable 344
codes by or for a communications services provider authorized to 345
occupy the rights-of-way and who is remitting taxes under 346
chapter 202. 347
348
Notwithstanding this paragraph, an authority may require a 349
right-of-way permit for work that involves excavation, closure 350
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of a sidewalk, or closure of a vehicular lane. 351
(f) Collocation of small wireless facilities on authority 352
utility poles is subject to the following requirements: 353
1. An authority may not enter into an exclusive 354
arrangement with any person for the right to attach equipment to 355
authority utility poles. 356
2. The rates and fees for collocations on authority 357
utility poles must be nondiscriminatory, regardless of the 358
services provided by the collocating person. 359
3. The rate to collocate small wireless facilities on an 360
authority utility pole may not exceed $150 per pole annually. 361
4. Agreements between authorities and wireless providers 362
that are in effect on July 1, 2017, and that relate to the 363
collocation of small wireless facilities in the right-of-way, 364
including the collocation of small wireless facilities on 365
authority utility poles, remain in effect, subject to applicable 366
termination provisions. The wireless provider may accept the 367
rates, fees, and terms established under this subsection for 368
small wireless facilities and utility poles that are the subject 369
of an application submitted after the rates, fees, and terms 370
become effective. 371
5. A person owning or controlling an authority utility 372
pole shall offer rates, fees, and other terms that comply with 373
this subsection. By the later of January 1, 2018, or 3 months 374
after receiving a request to collocate its first small wireless 375
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
facility on a utility pole owned or controlled by an authority, 376
the person owning or controlling the authority utility pole 377
shall make available, through ordinance or otherwise, rates, 378
fees, and terms for the collocation of small wireless facilities 379
on the authority utility pole which comply with this subsection. 380
a. The rates, fees, and terms must be nondiscriminatory 381
and competitively neutral and must comply with this subsection. 382
b. For an authority utility pole that supports an aerial 383
facility used to provide communications services or electric 384
service, the parties shall comply with the process for make-385
ready work under 47 U.S.C. s. 224 and implementing regulations. 386
The good faith estimate of the person owning or controlling the 387
pole for any make-ready work necessary to enable the pole to 388
support the requested collocation must include pole replacement 389
if necessary. 390
c. For an authority utility pole that does not support an 391
aerial facility used to provide communications services or 392
electric service, the authority shall provide a good faith 393
estimate for any make-ready work necessary to enable the pole to 394
support the requested collocation, including necessary pole 395
replacement, within 60 days after receipt of a complete 396
application. Make-ready work, including any pole replacement, 397
must be completed within 60 days after written acceptance of the 398
good faith estimate by the applicant. Alternatively, an 399
authority may require the applicant seeking to collocate a small 400
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
wireless facility to provide a make-ready estimate at the 401
applicant's expense for the work necessary to support the small 402
wireless facility, including pole replacement, and perform the 403
make-ready work. If pole replacement is required, the scope of 404
the make-ready estimate is limited to the design, fabrication, 405
and installation of a utility pole that is substantially similar 406
in color and composition. The authority may not condition or 407
restrict the manner in which the applicant obtains, develops, or 408
provides the estimate or conducts the make-ready work subject to 409
usual construction restoration standards for work in the right-410
of-way. The replaced or altered utility pole shall remain the 411
property of the authority. 412
d. An authority may not require more make-ready work than 413
is required to meet applicable codes or industry standards. Fees 414
for make-ready work may not include costs related to preexisting 415
damage or prior noncompliance. Fees for make-ready work, 416
including any pole replacement, may not exceed actual costs or 417
the amount charged to communications services providers other 418
than wireless services providers for similar work and may not 419
include any consultant fee or expense. 420
(g) For any applications filed before the effective date 421
of ordinances implementing this subsection, an authority may 422
apply current ordinances relating to placement of communications 423
facilities in the right-of-way related to registration, 424
permitting, insurance coverage, indemnification, performance 425
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
bonds, security funds, force majeure, abandonment, authority 426
liability, or authority warranties. Permit application 427
requirements and small wireless facility placement requirements, 428
including utility pole height limits, that conflict with this 429
subsection shall be waived by the authority. 430
(h) Except as provided in this section or specifically 431
required by state law, an authority may not adopt or enforce any 432
regulation on the placement or operation of communications 433
facilities in the rights-of-way by a provider authorized by 434
state law to operate in the rights-of-way and may not regulate 435
any communications services or impose or collect any tax, fee, 436
or charge not specifically authorized under state law. This 437
paragraph does not alter any law regarding an authority's 438
ability to regulate the relocation of facilities. 439
(i) A wireless provider shall, in relation to a small 440
wireless facility, utility pole, or wireless support structure 441
in the public rights-of-way, comply with nondiscriminatory 442
undergrounding requirements of an authority that prohibit above-443
ground structures in public rights-of-way. Any such requirements 444
may be waived by the authority. 445
(j) A wireless infrastructure provider may apply to an 446
authority to place utility poles in the public rights-of-way to 447
support the collocation of small wireless facilities. The 448
application must include an attestation that small wireless 449
facilities will be collocated on the utility pole or structure 450
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and will be used by a wireless services provider to provide 451
service within 9 months after the date the application is 452
approved. The authority shall accept and process the application 453
in accordance with subparagraph (d)6. and any applicable codes 454
and other local codes governing the placement of utility poles 455
in the public rights-of-way. 456
(k) This subsection does not limit a local government's 457
authority to enforce historic preservation zoning regulations 458
consistent with the preservation of local zoning authority under 459
47 U.S.C. s. 332(c)(7), the requirements for facility 460
modifications under 47 U.S.C. s. 1455(a), or the National 461
Historic Preservation Act of 1966, as amended, and the 462
regulations adopted to implement such laws. An authority may 463
enforce local codes, administrative rules, or regulations 464
adopted by ordinance in effect on April 1, 2017, which are 465
applicable to a historic area designated by the state or 466
authority. An authority may enforce pending local ordinances, 467
administrative rules, or regulations applicable to a historic 468
area designated by the state if the intent to adopt such changes 469
has been publicly declared on or before April 1, 2017. An 470
authority may waive any ordinances or other requirements that 471
are subject to this paragraph. 472
(l) This subsection does not authorize a person to 473
collocate or attach wireless facilities, including any antenna, 474
micro wireless facility, or small wireless facility, on a 475
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
privately owned utility pole, a utility pole owned by an 476
electric cooperative or a municipal electric utility, a 477
privately owned wireless support structure, or other private 478
property without the consent of the property owner. 479
(m) The approval of the installation, placement, 480
maintenance, or operation of a small wireless facility pursuant 481
to this subsection does not authorize the provision of any 482
voice, data, or video communications services or the 483
installation, placement, maintenance, or operation of any 484
communications facilities other than small wireless facilities 485
in the right-of-way. 486
(n) This subsection does not affect provisions relating to 487
pass-through providers in subsection (6). 488
(o) This subsection does not authorize a person to 489
collocate or attach small wireless facilities or micro wireless 490
facilities on a utility pole, unless otherwise permitted by 491
federal law, or erect a wireless support structure in the right-492
of-way located within a retirement community that: 493
1. Is deed restricted as housing for older persons as 494
defined in s. 760.29(4)(b); 495
2. Has more than 5,000 residents; and 496
3. Has underground utilities for electric transmission or 497
distribution. 498
499
This paragraph does not apply to the installation, placement, 500
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maintenance, or replacement of micro wireless facilities on any 501
existing and duly authorized aerial communications facilities, 502
provided that once aerial facilities are converted to 503
underground facilities, any such collocation or construction 504
shall be only as provided by the municipality's underground 505
utilities ordinance. 506
(p) This subsection does not authorize a person to 507
collocate or attach small wireless facilities or micro wireless 508
facilities on a utility pole, unless otherwise permitted by 509
federal law, or erect a wireless support structure in the right-510
of-way located within a municipality that: 511
1. Is located on a coastal barrier island as defined in s. 512
161.053(1)(b)3.; 513
2. Has a land area of less than 5 square miles; 514
3. Has fewer than 10,000 residents; and 515
4. Has, before July 1, 2017, received referendum approval 516
to issue debt to finance municipal-wide undergrounding of its 517
utilities for electric transmission or distribution. 518
519
This paragraph does not apply to the installation, placement, 520
maintenance, or replacement of micro wireless facilities on any 521
existing and duly authorized aerial communications facilities, 522
provided that once aerial facilities are converted to 523
underground facilities, any such collocation or construction 524
shall be only as provided by the municipality's underground 525
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utilities ordinance. 526
(q) This subsection does not authorize a person to 527
collocate small wireless facilities or micro wireless facilities 528
on an authority utility pole or erect a wireless support 529
structure in a location subject to covenants, conditions, 530
restrictions, articles of incorporation, and bylaws of a 531
homeowners' association. This paragraph does not apply to the 532
installation, placement, maintenance, or replacement of micro 533
wireless facilities on any existing and duly authorized aerial 534
communications facilities. 535
Section 2. This act shall take effect July 1, 2017. 536
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