§ 2-28-38. Licensing and licensees.

(a)

The right-of-way manager shall have the authority to issue licenses on behalf of the county pursuant to Section 125.42, Florida Statutes. Providers of communications services shall be automatically issued a license upon compliance with the registration requirement of this article.

(b)

Licensees shall be governed by the provisions of Section 125.42, Florida Statutes.

(c)

Pursuant to Section 337.403, Florida Statutes, if a facility that is placed upon, under, over or within the right-of-way limits of any public road is found by the right-of-way manager to be unreasonably interfering in any way with the convenient, safe or continuous use or the maintenance, improvement, extension, or expansion of such public road, the facility owner shall upon thirty (30) days' written notice from the right-of-way manager initiate the work necessary to alleviate the interference at the facility owner's expense unless otherwise permitted by law. The work shall be completed within such reasonable time as stated in the notice or such time as agreed to by the right-of-way manager and the facility owner. This requirement applies to all such improvements, extensions or expansions, whether constructed directly by the county or through a public-private agreement, or by virtue of a duly adopted development order or development agreement, so long as the purpose of the road facility is deemed by the county to be for the public benefit.

(d)

A licensee is authorized to make emergency repairs to facilities and must notify the right-of-way manager of same within forty-eight (48) hours of completing said repairs. The right-of-way manager may require additional or supplemental work be performed after the initial emergency repair so as to bring the facility or abutting spaces, including ditches, roads and sidewalks, up to a standard at least equal to that which existed immediately prior to the emergency repairs.

(e)

Where a licensee's work in the right-of-way is related to an individual customer service connection (a drop), the right-of-way manager is authorized to consult with the licensee and to thereafter establish and publish uniform maximum distance and construction standards within which a licensee may perform non-permitted work on a drop. However, where a licensee performs such work, the licensee shall provide notice of the work to the right-of-way manager in a form and manner prescribed by the right-of-way manager. To the extent work on a drop exceeds, by distance, construction technique, or both, any maximum standards established, all permitting requirements shall apply, with the exception that where controlling customer service standards or other exigent circumstances dictate, the drop permit may be obtained after the fact. Additionally, permitting and notice requirements shall not apply to aerial drops, nor to underground drops where: (1) such drops do not cross or begin beneath any paved portion of the right-of-way and (2) trenching is at a right angle to any such paving.

(Ord. No. 17-21 , § 3, 3-7-17; Ord. No. 17-48 , § 3, 11-7-17)

(Ord. No. 17-21 , § 3, 3-7-17)

(Ord. No. 17-21 , § 3, 3-7-17)