Florida Senate - 2020                                    SB 1166
       By Senator Albritton
       26-00629D-20                                          20201166__
    1                        A bill to be entitled                      
    2         An act relating to broadband Internet service;
    3         amending s. 339.0801, F.S.; authorizing certain funds
    4         within the State Transportation Trust Fund to be used
    5         for certain broadband infrastructure projects within
    6         or adjacent to multiuse corridors; requiring the
    7         Department of Transportation to give priority to
    8         certain projects; amending s. 364.0135, F.S.; defining
    9         terms; designating the Department of Economic
   10         Opportunity, and not the Department of Management
   11         Services, as the lead state entity to facilitate the
   12         expansion of broadband Internet service in this state;
   13         requiring the department to work collaboratively with
   14         certain entities; creating the Florida Office of
   15         Broadband within the Division of Community Development
   16         within the Department of Economic Opportunity;
   17         providing the purpose and duties of the office; making
   18         technical changes; repealing chapter 2012-131, Laws of
   19         Florida, relating to broadband Internet service;
   20         providing an effective date.
   22  Be It Enacted by the Legislature of the State of Florida:
   24         Section 1. Paragraph (b) of subsection (2) of section
   25  339.0801, Florida Statutes, is amended to read:
   26         339.0801 Allocation of increased revenues derived from
   27  amendments to s. 319.32(5)(a) by ch. 2012-128.—Funds that result
   28  from increased revenues to the State Transportation Trust Fund
   29  derived from the amendments to s. 319.32(5)(a) made by this act
   30  must be used annually, first as set forth in subsection (1) and
   31  then as set forth in subsections (2)-(5), notwithstanding any
   32  other provision of law:
   33         (2)
   34         (b) Beginning with the 2022-2023 fiscal year and annually
   35  thereafter, $35 million shall be transferred to Florida’s
   36  Turnpike Enterprise, to be used in accordance with s. 338.2278,
   37  with preference to feeder roads, interchanges, and appurtenances
   38  that create or facilitate multiuse corridor access and
   39  connectivity. Of those funds, and to the maximum extent
   40  feasible, up to $5 million annually may be used for projects
   41  that assist in the development of broadband infrastructure
   42  within or adjacent to a multiuse corridor. The department shall
   43  give priority consideration to broadband infrastructure projects
   44  located in an area designated as a rural area of opportunity
   45  under s. 288.0656 and adjacent to a multiuse corridor.
   46         Section 2. Section 364.0135, Florida Statutes, is amended
   47  to read:
   48         364.0135 Promotion of broadband adoption; Florida Office of
   49  Broadband.—
   50         (1) LEGISLATIVE FINDINGS.—The Legislature finds that the
   51  sustainable adoption of broadband Internet service is critical
   52  to the economic and business development of this the state and
   53  is beneficial for libraries, schools, colleges and universities,
   54  health care providers, and community organizations.
   55         (2)DEFINITIONS.—As used in this section, the term:
   56         (a)“Department” means the Department of Economic
   57  Opportunity.
   58         (b)“Office” means the Florida Office of Broadband.
   59         (c) “Sustainable adoption” means the ability for
   60  communications service providers to offer broadband services in
   61  all areas of this the state by encouraging adoption and use
   62  utilization levels that allow for these services to be offered
   63  in the free market absent the need for governmental subsidy.
   64         (3)(2)STATE ENTITY.—The department is designated as the
   65  lead state entity to facilitate the expansion of broadband
   66  Internet service in this state. The department shall of
   67  Management Services is authorized to work collaboratively with
   68  private businesses, and to receive staffing support and other
   69  resources from, Enterprise Florida, Inc., state agencies, local
   70  governments, private businesses, and community organizations.
   71         (4)FLORIDA OFFICE OF BROADBAND.—The Florida Office of
   72  Broadband is created within the Division of Community
   73  Development within the department for the purpose of developing,
   74  marketing, and promoting broadband Internet services to this
   75  state. The office, in the performance of its duties, shall do
   76  all of the following to:
   77         (a) Monitor the adoption of broadband Internet service in
   78  collaboration with communications service providers, including,
   79  but not limited to, wireless and wireline Internet service
   80  providers, to develop geographical information system maps at
   81  the census tract level that will:
   82         1. Identify geographic gaps in broadband services,
   83  including areas unserved by any broadband provider and areas
   84  served by a single broadband provider;
   85         2. Identify the download and upload transmission speeds
   86  made available to businesses and individuals in the state, at
   87  the census tract level of detail, using data rate benchmarks for
   88  broadband service used by the Federal Communications Commission
   89  to reflect different speed tiers; and
   90         3. Provide a baseline assessment of statewide broadband
   91  deployment in terms of percentage of households with broadband
   92  availability.
   93         (b) Create a strategic plan that has goals and strategies
   94  for increasing the use of broadband Internet service in this the
   95  state.
   96         (b)(c) Build and facilitate local technology planning teams
   97  or partnerships with members representing cross-sections of the
   98  community, which may include, but are not limited to,
   99  representatives from the following organizations and industries:
  100  libraries, K-12 education, colleges and universities, local
  101  health care providers, private businesses, community
  102  organizations, economic development organizations, local
  103  governments, tourism, parks and recreation, and agriculture.
  104         (c)(d) Encourage the use of broadband Internet service,
  105  especially in the rural, unserved, or and underserved
  106  communities of this the state through grant programs having
  107  effective strategies to facilitate the statewide deployment of
  108  broadband Internet service. For any grants to be awarded,
  109  priority must be given to projects that:
  110         1. Provide access to broadband education, awareness,
  111  training, access, equipment, and support to libraries, schools,
  112  colleges and universities, health care providers, and community
  113  support organizations.
  114         2. Encourage the sustainable adoption of broadband in
  115  primarily underserved unserved areas by removing barriers to
  116  entry.
  117         3. Work toward encouraging investments in establishing
  118  affordable and sustainable broadband Internet service in
  119  underserved unserved areas of this the state.
  120         4. Facilitate the development of applications, programs,
  121  and services, including, but not limited to, telework,
  122  telemedicine, and e-learning to increase the usage of, and
  123  demand for, broadband Internet service in this the state.
  124         (5)(3)ADMINISTRATION.—The department may:
  125         (a) Apply for and accept federal funds for purposes of this
  126  section, as well as gifts and donations from individuals,
  127  foundations, and private organizations.
  128         (b)(4)The department may Enter into contracts necessary or
  129  useful to carry out the purposes of this section.
  130         (c)(5)The department may Establish any committee or
  131  workgroup to administer and carry out the purposes of this
  132  section.
  133         Section 3. Chapter 2012-131, Laws of Florida, is repealed.
  134         Section 4. This act shall take effect July 1, 2020.