REGISTRATION AND GENERAL PERMIT CONDITIONS

Jacksonville Ordinance Code tit. XXI, ch. 711, pt. 4, subpt. A

in effect

Jacksonville Ordinance Code § 711.404 Registration for placing, maintaining or collocating communications facilities in City rights-of-way.

Sec. 711.404. - Registration for placing, maintaining or collocating communications facilities in City rights-of-way. (a) Registration required. A Communications Services Provider that desires to place, maintain, or Collocate a Communications Facility in City Rights-of-Way shall Register as a Communications Services Provider with the City's Public Works Department, Development Services Division in accordance with this Subpart A prior to submitting a site-specific permit application for review under this Part. A Communications Services Provider shall not be eligible to obtain a Permit under this Part until such Communications Services Provider has Registered. (b) Registration contents. Each Registrant shall file a Registration in a format prescribed by the Director (e.g., font size, typed/handwritten, original or electronic copies, disc copies, etc.). The Registration shall include the following information and documentation: (1) Name of the Registrant; (2) Name, address, electronic mail address, and telephone number of the Registrant's primary contact person and emergency contact person; (3) Evidence of the insurance coverage required under this Subpart A; (4) A copy of both the Registrant's resale certificate and certificate of registration issued by the Florida Department of Revenue to engage in the business of providing Communications Services in the State of Florida; (5) A copy of the Registrant's certificate of authorization or license to provide Communications Services issued by the Florida Public Service Commission, the Federal Communications Commission, or other applicable Federal or State authority, if any; and (6) For a Registrant that is a Pass-through Provider, in lieu of paragraphs (4) and (5), a certified copy of a certificate or license issued by the Florida Department of State, or other appropriate State agency or department, authorizing the company to do business in the State. (c) No registration fees; no Permit fees. No Registration fees or Permit fees shall be required under this Part in accordance with the provisions of F.S. § 337.401, and the City's waiver of fees under Section 711.416 herein. This waiver shall not apply to the collocation rate fees charged by the City to Collocate Small Wireless Facilities on City Utility Poles as permitted under this Part and F.S. § 337.401. (d) Registration review and approval. Within 30 days after receipt of the information and documentation submitted by the Registrant, the Director shall determine whether the application for Registration contains all the information and documentation required and shall advise the Registrant in writing whether the Registration is effective or if any areas of deficiency need to be addressed. The Registrant shall re-submit any deficient information and documentation within 30 days of the date of the notice of deficiency, otherwise the Registration shall be denied. A notice of deficiency or denial of Registration shall not preclude an Registrant from filing subsequent applications for Registration under the provisions of this Section. A denial of Registration may be appealed by an Registrant as provided in Section 711.406. (e) Registration updates, renewals and cancellation. Within 30 days of any change in the information and documentation required to be submitted pursuant to subsection (b) above, the Registrant shall provide updated information to the City. Each Registrant shall renew its Registration every five (5) years in accordance with the Registration requirements of this Subpart. Failure to renew a Registration may result in the City restricting the issuance of additional Permits until the Provider has complied with the Registration requirements of this Subpart A. A Registrant may cancel a Registration upon written notice to the City stating that it will no longer place, maintain or Collocate any Communications Facilities in City Rights-of-Way and will no longer need to obtain Permits to perform work in City Rights-of-Way. A Registrant shall not cancel a Registration if the Registrant continues to place, maintain or Collocate any Communications Facilities in City Rights-of-Way. (f) No property right arises from Registration. A Registration shall not convey any title, equitable or legal, to the Registrant in the City's Rights-of-Way. Registration under this Part governs only the placement, maintenance or collocation of Communications Facilities in City Rights-of-Way. Registration does not excuse a Communications Services Provider from obtaining appropriate access or pole attachment agreements before locating its Communication Facilities on another Person's facilities. Registration does not excuse a Communications Services Provider from complying with all applicable City ordinances, Applicable Codes, State and federal laws and regulations. (g) Permit required. In accordance with Applicable Codes, local laws and regulations, and State and federal laws and regulations, a Permit shall be required of a Provider that desires to place, maintain, or Collocate a Communications Facility in City Rights-of-Way, unless otherwise specifically exempted under this Part. An effective Registration shall be a condition precedent to or of obtaining a Permit. Notwithstanding an effective Registration, permitting requirements shall also apply. A Permit may be obtained by or on behalf of a Registrant having an effective Registration if all permitting requirements are met. If a Permit is submitted without an effective Registration, the Permit application shall be denied. (h) Registration non-exclusive. A Registration shall not in and of itself establish any right to place, maintain or Collocate or create a priority for the placement, maintenance or collocation of a Communications Facility in City Rights-of-Way, but shall establish for the Registrant a right to apply for a Permit pursuant to this Part. Registrations are expressly subject to any future amendment to or replacement of this Part and further subject to any additional City ordinances, as well as any State or federal laws that may be enacted. (i) Compliance required. A Registrant shall at all times comply with and abide by all Applicable Codes, local laws and regulations, and State and federal laws in placing, maintaining or collocating Communications Facilities in City Rights-of-Way. By submitting a Registration, the Registrant acknowledges that it has reviewed a copy of this Part and all other applicable Parts of this Chapter. (Ord. 2017-863-E, § 4; Ord. 2019-770-E, § 2; Ord. 2025-30-E, § 22)

Jacksonville Ordinance Code § 711.405 Transfer, Sale or Assignment of Assets in City Rights-of-Way.

Sec. 711.405. - Transfer, Sale or Assignment of Assets in City Rights-of-Way. If a Registrant transfers, sells or assigns its assets located in City Rights-of-Way incident to a transfer, sale or assignment of the Registrant's assets, the transferee, buyer or assignee shall be obligated to comply with the terms of this Chapter. Written notice of any such transfer, sale or assignment shall be provided by such Registrant to the City within 20 days after the effective date of the transfer, sale or assignment. If the transferee, buyer or assignee is a current Registrant, then the transferee, buyer or assignee is not required to re-Register. If the transferee, buyer or assignee is not a current Registrant, then the transferee, buyer or assignee shall Register as provided in Section 711.404 within 60 days of the transfer, sale or assignment. (Ord. 2017-863-E, § 4)

Jacksonville Ordinance Code § 711.406 Appeals.

Sec. 711.406. - Appeals. The following final determinations by the Director or City Council, as applicable, are subject to appeal as provided in this Part: (a) Denial of an initial Registration or Registration renewal; (b) Involuntary termination of a Registration; (c) Suspension or revocation of a Permit; and (d) Denial of a Permit to place, maintain or Collocate a Communications Facility in the City's Rights-of-Way. Appeals are subject to the procedures set forth in this Section, the rules adopted pursuant to Part 5 of this Chapter, and any such suspension or denial is subject to all applicable law. An appeal of an action on a registration application must be filed with the Director within 30 days of the date of the final, written decision to be appealed and shall afford the Registrant an opportunity to appear before the Rights-of-Way Committee in the manner described Section 711.105(b)(2) of this Chapter. Any appeal not timely filed as set forth above shall be waived. Upon correction of any grounds that gave rise to a suspension or denial, the suspension or denial shall be lifted. Any administrative review by the Director or City Council of a final determination must be completed and a written decision issued within 45 days after a written request for review is made. Such decisions of the Council shall constitute a final decision of the City of Jacksonville. (Ord. 2017-863-E, § 4; Ord. 2019-770-E, § 3)

Jacksonville Ordinance Code § 711.407 Conditional use of City rights-of-way.

Sec. 711.407. - Conditional use of City rights-of-way. To the extent that a Registrant leases or otherwise uses the Communications Facilities of a Person that is duly registered or otherwise authorized to place, maintain or Collocate Communications Facilities in the City's Rights-of-Way, Registrant shall make no claim, nor assert any right, which will impede the lawful exercise of the City's rights, including requiring the removal of such Communications Facilities from the City's Rights-of-Way, regardless of the effect on Registrant's ability to place, maintain or Collocate its own Communications Facilities in City Rights-of-Way. (Ord. 2017-863-E, § 4)

Jacksonville Ordinance Code § 711.408 Involuntary termination of registration.

Sec. 711.408. - Involuntary termination of registration. (a) The Director may terminate a Registration if: (1) A Federal or Florida authority suspends, denies, or revokes a Registrant's certification or license to provide Communications Services; (2) The Registrant's placement, maintenance or collocation of a Communications Facility in the City's Rights-of-Way presents an extraordinary danger to the general public or other users of the City's Rights-of-Way and the Registrant fails to remedy the danger promptly after receipt of written notice; or (3) The Registrant ceases to use all of its Communications Facilities in City Rights-of-Way and has not complied with Section 711.415 of this Chapter. (b) Prior to termination, the Registrant shall be notified by the Director with a written notice setting forth all matters pertinent to the proposed termination action, including which of (1) through (3) above is applicable as the reason therefore, and describing the proposed action of the City with respect thereto. The Registrant shall have 60 days after receipt of such notice within which to address or eliminate the reason or within which to present a plan, satisfactory to the Director, to accomplish the same. If the plan is rejected, the Director shall provide written notice of such rejection to the Registrant and shall make a recommendation to the City Council regarding a final decision as to termination of Registration. A decision by the City to terminate a Registration may only be accomplished by an action of the City Council. A Registrant shall be notified by written notice of any decision by the City Council to terminate its Registration. Such written notice shall be sent within ten days after the decision. (c) In the event of termination, the former Registrant shall: (i) notify the City of the assumption or anticipated assumption by another Registrant of ownership of the Registrant's Communications Facilities in City Rights-of-Way; or (ii) provide the City with an acceptable plan for disposition of its Communications Facilities in City Rights-of-Way. If a Registrant fails to comply with this subsection, the City may exercise any remedies or rights it has at law or in equity, including but not limiting to taking possession of the Communications Facilities, requiring the Registrant's bonding company within 90 days of the termination to remove some or all of the Communications Facilities from the City's Rights-of-Way and restore the City's Right-of-Way to its original condition before the removal, or requiring that some or all of the Communications Facilities be removed and the City's Rights-of-Way restored to its original condition before the removal at the Registrant's expense. (d) In any event, a terminated Registrant shall take such steps as are necessary to render every portion of the Communications Facilities remaining in the City's Rights-of-Way safe. (e) In the event of termination of a Registration, this provision does not permit the City to cause the removal of any Communications Facilities that are used to provide another service for which the Registrant holds a valid certification or license with the governing Federal or State agency, where required, and is properly registered with the City for such certificated or licensed service, where required. (Ord. 2017-863-E, § 4)

Jacksonville Ordinance Code § 711.409 Existing communications facilities in City rights-of-way.

Sec. 711.409. - Existing communications facilities in City rights-of-way. A Communications Services Provider with an existing Communications Facility in the City's Rights-of-Way shall be deemed a legal non-conforming use and may remain in non-conforming status unless such Communication Facility is altered in any way other than Limited Work. As a legal non-conforming use, the owner of the existing Communications Facility need not register or obtain a Permit for such Communications Facility until such time as the Communication Facility is altered in any way other than Limited Work. In such an event, the Communication Facility shall be brought into full compliance with all applicable standards. Failure of a Registrant to comply with this Part shall be a violation of this Part. (Ord. 2017-863-E, § 4)

Jacksonville Ordinance Code § 711.410 Insurance.

Sec. 711.410. - Insurance. (a) General. A Registrant shall provide, pay for and maintain satisfactory to the City's Risk Manager the types of insurance described herein. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and having a rating in Best's Insurance Guide of A X or better or having a rating acceptable to the City. All liability policies shall provide that the City is an additional insured as to the activities under this Chapter. The required coverages must be evidenced by properly executed Certificates of Insurance forms. The Certificates must be signed by the authorized representative of the insurance company and shall be filed and maintained with the City annually. 30 days advance written notice by registered or certified mail must be given to the City of any cancellation, intent not to renew or reduction in the policy coverages. The insurance requirements, including without limitation the additional insured requirement, may be satisfied by evidence of self-insurance or other types of insurance acceptable to the City. (b) Insurance coverage and limits. The limits of coverage of insurance required shall be not less than the following: (1) Worker's Compensation and Employer's Liability Insurance Worker's Compensation—Florida Statutory Requirements. Employer's Liability: $100,000 limit each accident; $500,000 limit disease/policy limit; $100,000 limit disease/each employee. (2) Comprehensive General Liability. Bodily injury and property damage: $1,000,000 combined single limit each occurrence; $2,000,000 in the aggregate. (3) Automobile Liability. Bodily injury and property damage: $1,000,000 combined single limit each accident; Neither approval nor failure to disapprove the required insurance shall relieve the Registrant from responsibility to provide insurance as required. (c) Proof of insurance. Upon applying for a Registration, the Registrant shall submit to the City proof that it has obtained the insurance required under this Section, including a certificate of insurance signed by an authorized representative of the insurance company. (d) Authority to increase or decrease policy limits. The City's Risk Manager shall have the authority to reasonably increase or decrease the policy limits set forth above and shall provide each Registrant with at least 30 days advance written notice of such change. Within 30 days from receipt of a notice to increase its policy limits, the Registrant shall submit to the City proof of such increased coverage. (e) Duration. The coverage provided herein shall be maintained at all times during the use or occupancy of the City's Rights-of-Way, including any time during placement, maintenance or collocation of Communications Facilities. (f) Failure to maintain required coverage. Failure to maintain all the required insurance coverage may subject the Registrant to the enforcement remedies set forth in this Part and Chapter. (Ord. 2017-863-E, § 4)

Jacksonville Ordinance Code § 711.411 Indemnification.

Sec. 711.411. - Indemnification. (a) City assumes no liability. By reason of the acceptance of a Registration or the issuance of a Permit under this Part, the City does not assume any liability for injuries to Persons, damage to property, or loss of service claims by parties other than the Registrant or the City or for claims or penalties of any sort resulting from the construction, presence, placement, installation, maintenance, repair or operation of Communications Facilities by Registrants or agents of Registrants. (b) Indemnity. A Registrant shall, at its sole cost and expense, indemnify, hold harmless, and defend the City, its officials, boards, members, agents, and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses incurred by the City arising out of the placement, maintenance or collocation of its Communications Facilities in City Rights-of-Way, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this Chapter, provided, however, that a Registrant's obligation hereunder shall not extend to any claims caused by the sole negligence, gross negligence or wanton or willful acts of the City. This provision includes, but is not limited to, the City's reasonable attorneys' fees incurred in defending against any such claim, suit or proceedings. The City agrees to notify the Registrant, in writing, within a reasonable time of the City's receiving notice, of any issue it determines may require indemnification. Nothing in this Section shall prohibit the City from participating in the defense of any litigation by its own counsel and at its own cost if in the City's reasonable belief there exists or may exist a conflict, potential conflict or appearance of a conflict. Nothing contained in this Section shall be construed or interpreted: (i) as denying to either party any remedy or defense available to such party under the laws of the State of Florida; (ii) as consent by the City to be sued; or (iii) as denying to either party any remedy or defense available to such party under the laws of the State or as a waiver of sovereign immunity beyond the waiver provided in F.S. § 768.28, as amended. (c) Notification. The City agrees to notify the Registrant, in writing, within 30 days of the City receiving notice of any issue it determines may require indemnification. Failure to comply with this notice timeframe shall not invalidate any claims or rights the City may have. (d) Survival. The indemnification requirements shall survive and be in effect after the termination, expiration or cancellation of a Registration or Permit. (e) Indemnity separate from insurance. This indemnification shall apply to all damages and claims for damages of any kind suffered regardless of whether such insurance policies shall have been determined to be applicable to any such damages or claims for damages. (f) By registering with the City, Registrant agrees to the Indemnification provisions contained in this Section. (Ord. 2017-863-E, § 4)

Jacksonville Ordinance Code § 711.412 Construction Bond for Right-of-Way Restoration.

Sec. 711.412 - Construction Bond for Right-of-Way Restoration. (a) Prior to issuing a Permit where the work under the permit will require restoration of City Rights-of-Way, the City may require a construction bond to secure the restoration of the City's postconstruction Rights-of-Way to the preconstruction condition. Six months after the completion of the construction of the Communications Facility and satisfaction of all obligations in accordance with the bond, the bond may be eliminated, and the City shall consent to the elimination where necessary (however, the City may subsequently require a new bond for any subsequent work in the City's Rights-of-Way). The construction bond shall be issued by a surety having a minimum rating of an A.M. Best A-VII rating or better and duly authorized to do business in Florida; shall be in a form acceptable and subject to the approval of the Director; and shall provide that: "This bond may not be canceled, or allowed to lapse, until 60 days after receipt by the City, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew or upon the sooner receipt of direction to release from the City." The City 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. (b) The rights reserved to the City under this Section are in addition to all other rights of the City, whether reserved in this Chapter, or authorized by other law, and no action, proceeding or exercise of a right with respect to the construction bond will affect any other right the City may have. Any proceeds recovered under the construction bond may be used to reimburse the City for such additional expenses as may be incurred by the City as a result of the failure of Registrant to comply with the responsibilities imposed by this Section, including, but not limited to, attorney's fees and costs of any action or proceeding. (Ord. 2017-863-E, § 4; Ord. 2019-770-E, § 4)

Jacksonville Ordinance Code § 711.413 Surety Fund.

Sec. 711.413. - Surety Fund. (a) At or prior to the time a Registrant receives its first Permit to place, maintain or Collocate a Communications Facility in City Rights-of-Way after the effective date of this Chapter, the Registrant shall be required to file with the City, for City approval, an annual bond or irrevocable evergreen letter of credit (in a form approved by the City and issued by a financial institution with a location in the City), having as a surety a company qualified to do business in the State of Florida, and acceptable to the Director (consulting with the City's Risk Management Division), which shall be referred to as the "Surety Fund." The Surety Fund shall be required as follows: in the sum of $3,000 per pole for up to 10 poles; for 11—50 poles, the sum of $45,000; for 51—100 poles, the sum of $75,000 and 101+ poles, the sum of $100,000. The Surety Fund shall be maintained from such time through the earlier of: (i) transfer, sale, assignment or removal of all Communications Facilities in City Rights-of-Way or; (ii) 12 months after the termination or cancellation of any Registration. The Surety Fund shall be conditioned on the full and faithful performance of all duties and obligations relating to indemnification and abandonment of all requirements, duties and obligations imposed upon Registrant by the provisions of this Chapter. The Surety Fund shall be furnished annually or as frequently as necessary to provide a continuing guarantee of the Registrant's full and faithful performance of all duties and obligations relating to indemnification and abandonment imposed upon Registrant by the provisions of this Chapter at all times. In the event a Registrant fails to perform its duties and obligations relating to indemnification and abandonment imposed upon the Registrant by the provisions of this Chapter, subject to Section 711.414 of this Part, there shall be recoverable, jointly and severally from the principal and surety of the Surety Fund, any damages or loss suffered by the City as a result, including the full amount of any compensation, indemnification or cost of removal, relocation or abandonment of any property of the Registrant, plus a reasonable allowance for attorneys' fees, up to the full amount of the Surety Fund. The City may in its reasonable discretion accept a Surety Fund from the Registrant or its parent company, or other entity acceptable to the Director. (b) Prior to drawing from the Surety Fund, the City shall notify the Registrant of the reason for such withdraw and provide the Registrant no less than 30 days to make payment or to object to such withdraw. If the Registrant objects, the Registrant may appeal the City's notice of withdraw pursuant to Section 711.406. (c) Should the City draw upon the Surety Fund, it shall promptly notify the Registrant, and the Registrant shall promptly restore the cash deposit or letter of credit to the full amount. (Ord. 2017-863-E, § 4; Ord. 2019-770-E, § 5)

Jacksonville Ordinance Code § 711.414 Enforcement Remedies.

Sec. 711.414. - Enforcement Remedies. (a) A Registrant's failure to comply with provisions of this Part shall constitute a violation of this Chapter and shall subject the Registrant to the code enforcement provisions and procedures as provided in the City Code provisions on code enforcement, including prosecution before the City's Special Magistrate, issuance of a civil citation or initiation of a civil lawsuit in a court of competent jurisdiction to levy civil penalties and injunctive relief. For violations of a continuing nature, each date a violation exists shall constitute a separate violation separately enforceable. In the event the City is required to prosecute any claim in court, the City is entitled to recover its attorney's fees and costs for successful prosecutions. Violations of this Part may be punishable as a class D offense by a fine not to exceed $500. (b) Failure of the City to enforce any requirements of this Part shall not constitute a waiver of the City's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies. (c) The Director shall be responsible for administration and enforcement of this Part and is authorized to give any notice required herein or by law. (Ord. 2017-863-E, § 4)

Jacksonville Ordinance Code § 711.415 Abandonment of a Communications Facility.

Sec. 711.415. - Abandonment of a Communications Facility. (a) Upon Abandonment of a Communications Facility owned by a Registrant in City Rights-of-Way, the Registrant shall notify the City within 90 days. (b) The City may direct the Registrant to remove all or any portion of such Abandoned Facility at the Registrant's sole expense if the City determines that the Abandoned Facility's presence interferes with the public health, safety or welfare, which shall include, but is not limited to: (i) compromises safety at any time for any City Rights-of-Way user or during construction or maintenance in City Rights-of-Way; (ii) prevents a third Person from locating facilities in the area of City Rights-of-Way where the Abandoned Facility is located when other alternative locations are not reasonably available; (iii) creates a maintenance condition that is disruptive to the City Rights-of-Way's use; or (iv) constitutes a blighting condition. In the event of (ii) above, the City may require the third Person to coordinate with the Registrant that owns the existing Abandoned Facility for joint removal and placement, where agreed to by the Registrant. (c) In the event that the City does not direct the removal of the Abandoned Facility, the Registrant, by its notice of Abandonment to the City, shall be deemed to consent to the alteration or removal of all or any portion of the Abandoned Facility by the City, another utility or Person at such third party's cost. (d) If the Registrant fails to remove all or any portion of an Abandoned Facility as directed by the City within a reasonable time period as may be required by the City under the circumstances, the City may perform such removal and charge the cost of the removal against the Registrant. (Ord. 2017-863-E, § 4)

Jacksonville Ordinance Code § 711.416 Waiver of Registration and Permit Fees and Communications Services Tax.

Sec. 711.416. - Waiver of Registration and Permit Fees and Communications Services Tax. In consideration of the City's receipt of the "Discretionary Communications Services Tax" authorized by Florida Law, the City hereby waives all fees to obtain a Registration and Permit under this Part 4. This waiver shall not apply to the collocation rate fees charged by the City to Collocate Small Wireless Facilities on City Utility Poles as permitted under this Part and F.S. § 337.401. (Ord. 2017-863-E, § 4)

Jacksonville Ordinance Code § 711.417 Enforcement of Permit Obligations; Suspension and Revocation of Permit.

Sec. 711.417. - Enforcement of Permit Obligations; Suspension and Revocation of Permit. The Director may order the suspension of placement, maintenance, or collocation work under a Permit and ultimately may revoke any Permit, in the event of a substantial breach of the terms and conditions of any Applicable Codes, State or federal laws or regulations, or any condition of the Permit. A substantial breach by the permittee may include, but is not limited to: (1) The violation of any material provision of the Permit or Applicable Codes and applicable objective design standards; (2) An evasion or attempt to evade any material provision of the Permit or the perpetration or attempt to perpetrate any fraud or deceit upon the City; (3) Any material misrepresentation of act in the process of permittee's request for a Permit or Registration; (4) The failure to maintain the required construction bond, Surety Fund or insurance; (5) The failure to properly restore the City's Rights-of-Way; (6) The failure to adhere to the indemnification provisions; (7) The failure to comply within the specified time with an order issued by the Director to correct a harmful condition or remedy a hazardous situation; (8) The failure to Register, renew Registration, or provide notice of transfer; (9) The failure to relocate or remove Communications Facilities pursuant to this Part and F.S. Ch. 337, as amended; (10) The failure to comply with a stop work order issued by the Director; or (11) Conducting work in the City's Rights-of-Way without a Permit, if required. If the Director determines that the permittee has committed a substantial breach of a term or condition of the Permit or this Part, the Director shall make a written demand upon the permittee to remedy such violation. The demand shall state that the continued violation(s) may be cause for suspension or revocation of the Permit. Further, the Director, at his or her discretion, may impose additional or revised Permit conditions on the Permit following a substantial breach. Within 30 days of receiving the notification of the breach, the permittee shall contact the Director with a plan, acceptable to the Director, for its correction or shall submit a statement as to why a substantial breach has not occurred. The Director shall provide additional time as reasonably necessary for a permittee to establish a plan acceptable to the Director taking into account the nature and scope of the breach. The permittee's failure to contact the Director, failure to submit an acceptable plan, or failure to reasonably implement an approved plan, shall be cause for suspension or revocation of the Permit. A final determination to suspend or revoke a Permit may be appealed in accordance with the procedures set forth in Subpart A. If a Permit is revoked, the permittee shall reimburse the City for the City's reasonable costs, including restoration costs, administrative costs, attorney's fees, and the cost of collection. The City may charge the costs and/or fees incurred by the City relating to indemnity or abandonment to the Surety Fund set forth in Subpart A if the Provider fails to remit payment within 30 days of notification. The Director may cause an immediate stop work order where the permittee's construction, placement, maintenance or collocation poses a serious threat to the health, safety or welfare of the public until such time as such serious threat has been abated. (Ord. 2017-863-E, § 4; Ord. 2019-770-E, § 6)

Jacksonville Ordinance Code § 711.418 Additional Registration terms and Permit conditions.

Sec. 711.418. - Additional Registration terms and Permit conditions. (a) Compliance with laws. Registrant shall at all times comply with and abide by all applicable provisions of the State and Federal law and City ordinances, codes and regulations, and applicable objective design standards, in placing, maintaining or collocating a Communications Facility in City Rights-of-Way. (b) Placement, maintenance, or collocation; emergencies. A Registrant shall not commence to place, maintain or Collocate a Communications Facility in City Rights-of-Way until all applicable permits, if any, have been issued by the City or other appropriate authority, except in the case of an emergency. The term "emergency" shall mean a condition that affects the public's health, safety or welfare, which includes an unplanned out-of-service condition of a pre-existing service. Registrant shall provide prompt notice to the City of the placement, maintenance or collocation of a Communications Facility in City Rights-of-Way in the event of an emergency and shall obtain an after-the-fact permit if a permit would have originally been required to perform the work undertaken in City Rights-of-Way in connection with the emergency. For all Routine Maintenance, the Registrant shall provide notice of such activity, including but not limited to the location and nature of such work, to the City's Chief of Development Services at least 48 hours prior to the commencement of such work. Registrant acknowledges that as a condition of granting such permits, the City may impose reasonable rules or regulations governing the placement, maintenance, or collocation of a Communications Facility in City Rights-of-Way. Permits shall apply only to the areas of City Rights-of-Way specifically identified in the Permit. The City's Director of Public Works may issue a blanket permit to cover certain activities, such as routine maintenance and repair activities, that may otherwise require individual permits. (c) Safety practices; skills. All safety practices required by applicable law or accepted industry practices and standards shall be used during the placement, maintenance or collocation of Communications Facilities. Registrant shall use and exercise due caution, care and skill in performing work in the City Rights-of-Way and shall take all reasonable steps to safeguard work site areas. (d) No property rights created. A Permit from the City constitutes authorization to undertake only certain activities on City Rights-of-Way in accordance with this Chapter, and does not create a property right or grant City to impinge upon the rights of others who may have an interest in the City's Rights-of-Way. (e) Coordination of scheduling. In the interest of the public's health, safety and welfare, upon request of the City, a Registrant shall coordinate placement, maintenance or collocation activities under a Permit with any other work, construction, installation or repairs that may be occurring or scheduled to occur within a reasonable timeframe in the subject City Rights-of-Way and Registrant may be required to reasonably alter its placement, maintenance or collocation schedule as necessary so as to minimize disruptions and disturbance in the City's Rights-of-Way. (f) Use of industry standards and practices. A Registrant shall place, maintain or Collocate its Communications Facility in City Rights-of-Way in a manner consistent with accepted industry standards and practices and applicable law. (g) No interference with use of City Rights-of-Way. All Communications Facilities shall be placed, maintained or Collocated so as not to interfere with the use of the City's Rights-of-Way by the public to the extent allowed by applicable State law including, without limitation, Section 337.401(7), Florida Statutes and with the rights of property owners who adjoin any of the City's Rights-of-Way to the extent allowed by applicable State law including, without limitation, Section 337.401(7), Florida Statutes. The use of trenchless technology (i.e., directional bore method) for the installation of Underground Communications Facilities in the City's Rights-of-Way as well as joint trenching or the collocation of facilities in existing conduit is strongly encouraged, and should be employed wherever feasible. (h) Additional rules and regulations. The Director or JEA may promulgate reasonable rules and regulations pursuant to Part 5 of this Chapter concerning the placement, maintenance or collocation of a Communications Facility in City Rights-of-Way consistent with this Part and other applicable law. (i) Restoration of City Rights-of-Way. A Registrant shall, at its own expense, restore the City's Rights-of-Way to its original condition before such work after the completion of any placement, maintenance or collocation of a Communications Facility in City Rights-of-Way or each phase thereof. If the Registrant fails to make such restoration within 30 days, or such other reasonable time as may be required by the City under the circumstances, following the completion of such placement, maintenance, or collocation the City may perform restoration and charge the costs of the restoration against the Registrant in accordance with F.S. § 337.402, as amended. The Registrant shall guarantee its restoration work and shall correct any improper restoration work at its own expense for 12 months following the original completion of the work. (j) Removal or relocation. Removal or relocation at the direction of the Director of a Registrant's Communications Facility in City Rights-of-Way shall be governed by the provisions of F.S. §§ 337.401, 337.403 and 337.404, as amended, as applicable. (k) No warranties or representations. The City makes no warranties or representations regarding the fitness, suitability, or availability of City's Rights-of-Way for the Registrant's Communications Facilities and any performance of work or costs incurred by Registrant or provision of services shall be at Registrant's sole risk. Nothing in this Part shall affect the City's authority to add, vacate or abandon City Rights-of-Way and the City makes no warranties or representations regarding the availability of any added, vacated or abandoned City Rights-of-Way for Communications Facilities. (l) City right to inspect. The City shall have the right to make such inspections of Communications Facilities placed, maintained or Collocated in City Rights-of-Way as it finds necessary to ensure compliance with this Chapter. (m) As-built Plans. Upon completion of work authorized by a Permit, in the event that field work results in changes from the Permit plans, the Registrant shall furnish to the City As-built Plans, at no cost to the City. This requirement shall be in addition to, and not in lieu of, any filings the Registrant is required to make under the Underground Facility Damage Prevention and Safety Act set forth in Chapter 556, F.S., as amended. The fact that such As-built Plans are on file with the City shall in no way abrogate the duty of any Person to comply with the aforesaid Underground Facility Damage Prevention and Safety Act when performing work in the City Rights-of-Way. Upon completion of work authorized by a Permit for a Communications Facility, in the event that the field work results in changes from the Permit plans, the Registrant shall furnish to the City the exact Global Positioning System (GPS) coordinates of the Communications Facility. (n) Americans with Disabilities Act. The placement, maintenance or collocation of all Communications Facilities shall comply with the Americans With Disabilities Act, 42 U.S.C. Sec. 12101, et. seq., as amended, and regulations promulgated thereunder. (o) Historic preservation regulations. A Permit shall be denied for failure to comply with applicable historic preservation regulations, including local, State, and federal rules and regulations. (p) Public records. Any proprietary confidential business information obtained from a Registrant in connection with a Permit application shall be held confidential by the City to the extent required by Section 202.195, F.S., as amended, provided the Registrant so notifies the City which information is confidential in accordance with Florida Law, including Chapter 119, F.S. (q) Airport airspace protections. A Registrant shall comply with Chapter 333, F.S., and all State and federal laws and regulations pertaining to airport airspace protections. (r) Cost of work and Permit errors. All work permitted under this Part shall be at the sole expense of the Registrant. The issuance of a Permit shall not prevent the Director from thereafter requiring the correction of errors when in violation of this Part. (s) Correction of harmful conditions. If, at any time, the City reasonably determines that a Communications Facility is, or has caused a condition that is harmful to the health, safety or general welfare of any Person, then the Provider shall, at its own expense, correct or eliminate all such conditions after being provided reasonable notice. In an emergency, as determined by the Director, when the Provider is not immediately available or is unable to provide the necessary immediate repairs to any Communications Facility that is a threat to public safety, then the City shall have the right to remove, make repairs to or eliminate same with the total cost being charged to and paid for by the Provider upon demand. The City may charge the cost incurred by the City relating to indemnity or abandonment to the Surety Fund set forth in Subpart A if the Provider fails to remit payment within 30 days of notification. (t) Remedy of hazardous conditions. If, at any time, a condition exists that the Director reasonably determines is an emergency that is potentially hazardous or life threatening to any Person or is a threat to health or safety of the general public, and to remedy such condition the City reasonably determines that a Provider must temporarily relocate or temporarily shut off service or transmissions through a specific Communications Facility, then the City, as an appropriate exercise of its police powers, may order the Provider to immediately perform such temporary relocation or shut off until the condition has been remedied, and to do so at its own expense and without liability to or recourse against the City. In such an emergency, when the Provider is not immediately available or is unable to provide the necessary immediate relocation or shut off of the specific Communications Facility, then the City shall have the right to perform, or cause to be performed, such temporary relocation or shut off until the condition has been remedied with the total cost being charged to and paid for by the Provider upon demand. The City may charge the cost incurred by the City relating to indemnity or abandonment to the Surety Fund set forth in this Subpart A if the Provider fails to remit payment within 30 days of notification. (u) Term of Permit. A Permit issued pursuant to this Part shall remain effective for one year unless extended by the Director for up to an additional one-year period. The Director's Permit extension shall not exceed one year. (Ord. 2017-863-E, § 4; Ord. 2019-770-E, § 7)

Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITXXIPUWOUT_CH711CIRI-W_PT4COFARI-W_SPAREGEPECOFetched: 10/27/2026