(1) For the purpose of administering section 337.4031, F.S., and these rules, the following definitions apply:
- (a) “Administrative costs” means expenses related to the general management or overhead of the Provider’s business that are not directly attributable to the physical relocation of the Provider’s facility. Administrative costs include, but are not limited to, salaries, office expenses, accounting, legal services, and indirect costs associated with the Provider’s overall operations rather than the relocation project itself.
- (b) “Authority” means a county or municipality having jurisdiction and control of the rights-of-way of any public road.
- (c) “Complete Application” means a submitted application that contains all of the information and documentation required by Rule 73CER25-1.
- (d) “Department” means the Florida Department of Commerce.
- (e) “Directly Attributable” means costs that are a necessary and reasonable consequence of the physical relocation of the Provider’s facility as requested by a county or municipal authority and that would not have been incurred but for the relocation. The term includes only those expenses that are directly and demonstrably caused by the relocation activity and excludes Administrative Costs.
- (f) “Eligible Costs” means actual, prudent, reasonable, and documented expenses directly attributable to the physical relocation of facilities required by a county or municipal authority. Eligible Costs do not include Administrative Costs.
- (g) “Facility” or “Facilities” means a Provider’s permitted infrastructure within a planned or existing right-of-way of a public road or publicly owned rail corridor in Florida which requires relocation at the request of a county or municipal authority.
- (g) “Provider” means a provider of communications services, as defined in section 202.11, F.S., that is subject to Chapter 202, F.S.
(2) To be eligible for reimbursement under section 337.4031, F.S., a Provider must:
- (a) Lawfully operate and maintain a facility within the right-of-way of a public road or publicly owned rail corridor at the time relocation is requested by a county or municipal authority.
- (b) Provide the written request from the county or municipal authority requiring relocation of the Provider’s facility in connection with a project located in a planned or existing right-of-way of a public road or publicly owned rail corridor.
- (c) Submit a complete application and documentation sufficient to establish the Eligible Costs requested by the Provider are eligible.
- (d) Request reimbursement for work completed on or after October 1, 2025.
(3) The following expenses are not eligible for reimbursement:
- (a) Betterments, upgrades, or improvements to the facility not required by the relocation.
- (b) Routine maintenance or repair costs.
- (c) Administrative Costs or general business expenses of the Provider.
- (d) Costs not supported by documentation.
- (e) Costs incurred prior to receipt of a request to relocate the Provider’s facility.
- (f) Costs for a relocation completed prior to October 1, 2025.
- (4) To be considered for reimbursement, a Provider must submit a complete application to the Department using Form COM-73C-URRGP-001, Utility Relocation Reimbursement Grant Program Application (effective date October 3, 2025), which is incorporated by reference and available online at: http://www.Floridajobs.org/broadband. Applications must be submitted electronically to URRGP@commerce.fl.gov or via the application portal identified on the Department’s website.
(5) A complete application must include, at a minimum:
- (a) A copy of the written notice from the county or municipal authority requiring the facility relocation, which must identify the public road improvement project necessitating the work.
- (b) Detailed, itemized invoices from all third-party vendors, contractors, and engineers involved in the physical relocation of the facility.
- (c) Legible proof of payment for all submitted invoices, such as cancelled checks or bank transaction statements.
- (d) A detailed ledger of internal costs, including labor and equipment usage, directly attributable to the physical relocation of the facility, if applicable.
- (e) A signed certification from an officer or authorized agent of the Provider attesting that the costs submitted are Eligible Costs.
- (f) A sworn affidavit, executed under penalty of perjury, attesting that the Provider is not a “foreign entity” as defined in section 288.0071, F.S. The affidavit must be submitted using Form COM-73C-URRGP-002, Foreign Entity Compliance (effective date October 3, 2025), which is incorporated by reference and available online at: http://www.Floridajobs.org/broadband.
- (g) A signed application certification statement submitted using Form COM-73C-URRGP-003, Application Certification Statement (effective date October 3, 2025), which is incorporated by reference and available online at: http://www. Floridajobs.org/broadband.
- (h) Upon request by the Department, other supporting documentation necessary to verify the eligibility of the facility relocation and its costs, such as engineering diagrams, right-of-way permits, or detailed cost breakdowns for internally sourced labor and equipment.
- (6) The Department shall review complete applications in the order they are received. An application is deemed complete when the Department determines that all required information and documentation has been provided to the Department.
- (7) The Department will notify the Provider of any deficiencies in the application. The Provider must cure any deficiencies identified by the Department for the application to be considered complete. The Department shall not approve an incomplete application.
- (8) The Department shall approve a complete application, and provide reimbursement subject to the availability of funds, within 90 days after receipt of the complete application by the Department. The Department’s failure to act within the 90-day period does not constitute approval of the application.
(9) Subject to the availability of funds and Legislative appropriation:
- (a) The Department shall provide funds in an amount equal to the Provider’s reimbursement request.
- (b) If sufficient funds are not available to fully reimburse an approved Provider, the Department may provide full reimbursement to a later approved Provider for whom sufficient funds are available to reimburse in full.
(c) An approved Provider that does not receive funding due to insufficient funds will remain in the disbursement queue and will receive full reimbursement once additional funding becomes available.
Rulemaking Authority 337.4031(6) FS. Law Implemented 337.4031 FS. History–New 10-3-25.