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Daily Legislative Brief from April 18, 2019

Taxation

SB 1000 – Relating to Communication Services

On Thursday, April 18, SB 1000 by Senator Travis Hutson (R-Palm Coast) was heard before the Senate Appropriations Committee and was reported favorably with 18 yeas and 1 nay. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

This bill changes the way the use of public rights-of-way by providers of communications services are governed. Specifically:

  • Creating a civil cause of action for any person aggrieved by a violation of the right-of-way statute;
  • Prohibiting a local government from instituting, “either expressly or de facto, a moratorium or other mechanism that would prohibit or delay” permits for collocation of small wireless facilities or related poles;
  • Deleting the authority for a local government to require performance bonds and security funds. Instead, the bill allows them to require a construction bond;
  • Allowing a provider of communications services to add a local government to any existing bond, insurance policy, or other financial instrument, and requiring the local government to accept such coverage;
  • Prohibiting a local government from requiring a permit applicant to provide inventories, maps, or locations of communication facilities in the rights-of-way, unless it is necessary to avoid interference with existing facilities.

SB 1000 will now move to the Senate floor.

AIF supports legislation that will both reduce the communications services permitting process and have a positive financial impact on Florida’s consumers, many of whom are businesses that pay for cable or satellite service.

HB 693 – Relating to Communication Services

On Thursday, April 18, HB 693 by Representative Jason Fischer (R-Jacksonville) was heard before the House Commerce Committee and was reported favorably with 21 yeas and 1 nay. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

This bill changes the way the use of public rights-of-way by providers of communications services are governed. Specifically:

  • Removes the ability of local governments to elect to charge limited permit fees for use of the ROW but grandfathers local governments who currently require such fees;
  • Establishes limits on registration requirements imposed by local governments;
  • Prohibits local governments from imposing requirements and charges for the placement or operation of communications facilities in the ROW by authorized providers;
  • Prohibits local governments from prohibiting, regulating, or charging for installation, operation, and other work done on utility poles used to collocate small wireless facilities (SWFs) in the ROW;
  • Exempts utility poles used to support SWFs from authority rules and regulations governing the placement of utility poles in the ROW;
  • Repeals a requirement on wireless providers to comply with certain undergrounding requirements.

HB 693 will now move to the House floor.

AIF supports legislation that will both reduce the communications services permitting process and have a positive financial impact on Florida’s consumers, many of whom are businesses that pay for cable or satellite service.

SB 576 – Relating to Back-to-School Sales Tax Holiday

On Thursday, April 18, SB 576 by Senator Keith Perry (R-Gainesville) was heard in the Senate Appropriations Committee and was reported favorably with 18 yeas and 0 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

This bill establishes a 10-day sales tax holiday beginning Friday, August 2, 2019, and ending Saturday, August 11, 2019. During the holiday, certain purchases of clothing, school supplies, and personal computers are exempt from the state sales tax and county discretionary sales surtaxes. The bill allows a business to not participate in the holiday if less than 5% of the business’s gross sales of tangible personal property in the prior calendar year consist of items that would be exempt.

SB 576 will now move to the Senate floor.

AIF supports sales tax holidays that encourage supporting local business by incentivizing consumers.