Florida Senate - 2020                      CS for CS for SB 1166
       By the Committees on Appropriations; and Commerce and Tourism;
       and Senator Albritton
       576-03985-20                                          20201166c2
    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         (d)“Underserved” means a geographic area of this state in
   65  which there is no provider of broadband Internet service that
   66  offers a connection to the Internet with a capacity for
   67  transmission at a consistent speed of at least 10 megabits per
   68  second downstream and at least 1 megabit per second upstream.
   69         (3)(2)STATE ENTITY.—The department is designated as the
   70  lead state entity to facilitate the expansion of broadband
   71  Internet service in this state. The department shall of
   72  Management Services is authorized to work collaboratively with
   73  private businesses, and to receive staffing support and other
   74  resources from, Enterprise Florida, Inc., state agencies, local
   75  governments, private businesses, and community organizations.
   76         (4)FLORIDA OFFICE OF BROADBAND.—The Florida Office of
   77  Broadband is created within the Division of Community
   78  Development within the department for the purpose of developing,
   79  marketing, and promoting broadband Internet services to this
   80  state. The office, in the performance of its duties, shall do
   81  all of the following to:
   82         (a) Monitor the adoption of broadband Internet service in
   83  collaboration with communications service providers, including,
   84  but not limited to, wireless and wireline Internet service
   85  providers, to develop geographical information system maps at
   86  the census tract level that will:
   87         1. Identify geographic gaps in broadband services,
   88  including areas unserved by any broadband provider and areas
   89  served by a single broadband provider;
   90         2. Identify the download and upload transmission speeds
   91  made available to businesses and individuals in the state, at
   92  the census tract level of detail, using data rate benchmarks for
   93  broadband service used by the Federal Communications Commission
   94  to reflect different speed tiers; and
   95         3. Provide a baseline assessment of statewide broadband
   96  deployment in terms of percentage of households with broadband
   97  availability.
   98         (b) Create a strategic plan that has goals and strategies
   99  for increasing the use of broadband Internet service in this the
  100  state. The plan must include a process to review and verify
  101  public input regarding transmission speeds and availability of
  102  broadband Internet service throughout the state.
  103         (b)(c) Build and facilitate local technology planning teams
  104  or partnerships with members representing cross-sections of the
  105  community, which may include, but are not limited to,
  106  representatives from the following organizations and industries:
  107  libraries, K-12 education, colleges and universities, local
  108  health care providers, private businesses, community
  109  organizations, economic development organizations, local
  110  governments, tourism, parks and recreation, and agriculture.
  111         (c)(d) Encourage the use of broadband Internet service,
  112  especially in the rural, unserved, or and underserved
  113  communities of this the state through grant programs having
  114  effective strategies to facilitate the statewide deployment of
  115  broadband Internet service. For any grants to be awarded,
  116  priority must be given to projects that:
  117         1. Provide access to broadband education, awareness,
  118  training, access, equipment, and support to libraries, schools,
  119  colleges and universities, health care providers, and community
  120  support organizations.
  121         2. Encourage the sustainable adoption of broadband in
  122  primarily unserved and underserved areas by removing barriers to
  123  entry.
  124         3. Work toward encouraging investments in establishing
  125  affordable and sustainable broadband Internet service in
  126  unserved and underserved areas of this the state.
  127         4. Facilitate the development of applications, programs,
  128  and services, including, but not limited to, telework,
  129  telemedicine, and e-learning to increase the usage of, and
  130  demand for, broadband Internet service in this the state.
  131         (d)Monitor, participate in, and provide input on
  132  proceedings of the Federal Communications Commission and other
  133  federal agencies which are related to the geographic
  134  availability and deployment of broadband Internet service in
  135  this state as necessary to ensure that the information is
  136  accurately presented and that rural, unserved, and underserved
  137  areas of this state are best positioned to benefit from federal
  138  and state broadband deployment programs.
  139         (5)(3)ADMINISTRATION.—The department may:
  140         (a) Apply for and accept federal funds for purposes of this
  141  section, as well as gifts and donations from individuals,
  142  foundations, and private organizations.
  143         (b)(4)The department may Enter into contracts necessary or
  144  useful to carry out the purposes of this section.
  145         (c)(5)The department may Establish any committee or
  146  workgroup to administer and carry out the purposes of this
  147  section.
  148         Section 3. Chapter 2012-131, Laws of Florida, is repealed.
  149         Section 4. This act shall take effect July 1, 2020.