| 1 | A bill to be entitled |
| 2 | An act relating to broadband Internet service; |
| 3 | amending s. 364.0135, F.S.; revising provisions to |
| 4 | promote adoption of broadband Internet service; |
| 5 | providing for the Department of Economic Opportunity |
| 6 | to receive and manage certain federal funds; directing |
| 7 | the department to establish a public-private |
| 8 | partnership to perform certain functions; authorizing |
| 9 | the department to accept certain funds, enter into |
| 10 | contracts, and establish committees and workgroups for |
| 11 | certain purposes; authorizing the department to adopt |
| 12 | rules; removing authority of the Department of |
| 13 | Management Services to perform certain functions; |
| 14 | providing an effective date. |
| 15 |
|
| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
|
| 18 | Section 1. Section 364.0135, Florida Statutes, is amended |
| 19 | to read: |
| 20 | 364.0135 Promotion of broadband adoption.- |
| 21 | (1) The Legislature finds that the sustainable adoption of |
| 22 | broadband Internet service is critical to the economic, and |
| 23 | business, and community development of the state and is |
| 24 | beneficial for libraries, schools, colleges and universities, |
| 25 | health care providers, and community organizations. The term |
| 26 | "sustainable adoption" means the ability for communications |
| 27 | service providers to offer broadband services in all areas of |
| 28 | the state by encouraging adoption and utilization levels that |
| 29 | allow for these services to be offered in the free market absent |
| 30 | the need for governmental subsidy. |
| 31 | (2) The Department of Economic Opportunity shall be the |
| 32 | state's single designated entity to receive and manage all |
| 33 | federal Department of Commerce State Broadband Initiative funds |
| 34 | and shall establish a public-private partnership that will |
| 35 | Management Services is authorized to work collaboratively with, |
| 36 | and to receive staffing support and other resources from, |
| 37 | Enterprise Florida, Inc., state agencies, local governments, |
| 38 | private businesses, nonprofit corporations, and community |
| 39 | organizations to: |
| 40 | (a) Monitor the adoption of broadband Internet service in |
| 41 | collaboration with communications service providers, including, |
| 42 | but not limited to, wireless and wireline Internet service |
| 43 | providers, to develop geographical information system maps at |
| 44 | the census tract level that will, at a minimum: |
| 45 | 1. Identify geographic gaps in broadband services, |
| 46 | including areas unserved by any broadband provider and areas |
| 47 | served by a single broadband provider at the census block level |
| 48 | of detail; |
| 49 | 2. Identify the download and upload transmission speeds |
| 50 | made available to businesses and individuals in the state, at |
| 51 | the census block tract level of detail, using data rate |
| 52 | benchmarks for broadband service used by the Federal |
| 53 | Communications Commission to reflect different speed tiers; and |
| 54 | 3. Provide a baseline assessment of statewide broadband |
| 55 | deployment in terms of percentage of households with broadband |
| 56 | availability. |
| 57 | (b) Create a strategic plan, developed with the use of |
| 58 | consumer research into residential and business technology |
| 59 | utilization data, which that has goals and strategies for |
| 60 | increasing the use of broadband Internet service in the state. |
| 61 | (c) Build and facilitate local technology planning teams |
| 62 | or partnerships with members representing cross-sections of the |
| 63 | community, which may include, but are not limited to, |
| 64 | representatives from the following organizations and industries: |
| 65 | libraries, K-12 education, colleges and universities, local |
| 66 | health care providers, private businesses, community |
| 67 | organizations, economic development organizations, local |
| 68 | governments, tourism, parks and recreation, and agriculture. |
| 69 | (d) Encourage the use of broadband Internet service, |
| 70 | especially in the rural, unserved, and underserved communities |
| 71 | of the state through grant programs having effective strategies |
| 72 | to facilitate the statewide deployment of broadband Internet |
| 73 | service. For any grants to be awarded, priority must be given to |
| 74 | projects that: |
| 75 | 1. Provide access to broadband education, awareness, |
| 76 | training, access, equipment, and support to libraries, schools, |
| 77 | colleges and universities, health care providers, and community |
| 78 | support organizations. |
| 79 | 2. Encourage the sustainable adoption of broadband in |
| 80 | primarily unserved areas by removing barriers to entry. |
| 81 | 3. Work toward encouraging investments in establishing |
| 82 | affordable and sustainable broadband Internet service in |
| 83 | unserved areas of the state. |
| 84 | 4. Facilitate the development of applications, programs, |
| 85 | and services, including, but not limited to, telework, |
| 86 | telemedicine, and e-learning to increase the usage of, and |
| 87 | demand for, broadband Internet service in the state. |
| 88 | (3) The department may apply for and accept federal funds |
| 89 | for purposes of this section, as well as gifts and donations |
| 90 | from individuals, foundations, and private organizations. |
| 91 | (4) The department may enter into contracts necessary or |
| 92 | useful to carry out the purposes of this section. |
| 93 | (5) The department may establish any committee or |
| 94 | workgroup to administer and carry out the purposes of this |
| 95 | section. |
| 96 | (6) The department may adopt rules necessary to carry out |
| 97 | the purposes of this section. Any rule, contract, grant, or |
| 98 | other activity undertaken by the department shall ensure that |
| 99 | all entities are in compliance with any applicable federal or |
| 100 | state laws, rules, and regulations, including, but not limited |
| 101 | to, those applicable to private entities providing |
| 102 | communications services for hire and the requirements of s. |
| 103 | 350.81. |
| 104 | Section 2. This act shall take effect July 1, 2012. |