Florida Senate - 2012                             CS for SB 1242
       
       
       
       By the Committee on Budget Subcommittee on Transportation,
       Tourism, and Economic Development Appropriations; and Senators
       Hays, Lynn, and Sachs
       
       
       606-04277-12                                          20121242c1
    1                        A bill to be entitled                      
    2         An act relating to broadband Internet service;
    3         amending s. 364.0135, F.S.; revising provisions that
    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 for a type two transfer of the Broadband
   15         Initiative Program from the Department of Management
   16         Services to the Department of Economic Opportunity;
   17         requiring the Department of Management Services to
   18         submit to the United States Department of Commerce a
   19         request to transfer its federal broadband grant to the
   20         Department of Economic Opportunity; requiring the
   21         Department of Management Services to notify the
   22         Governor and Legislature of the decision of the United
   23         States Department of Commerce; requiring the
   24         Department of Management Services, if the request is
   25         approved, to submit a budget amendment for approval by
   26         the Legislative Budget Commission to transfer from the
   27         department to the Department of Economic Opportunity
   28         the funds necessary to implement this act; providing
   29         effective dates, one of which is contingent.
   30  
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Section 364.0135, Florida Statutes, is amended
   34  to read:
   35         364.0135 Promotion of broadband adoption.—
   36         (1) The Legislature finds that the sustainable adoption of
   37  broadband Internet service is critical to the economic, and
   38  business, and community development of the state and is
   39  beneficial for libraries, schools, colleges and universities,
   40  health care providers, and community organizations. The term
   41  “sustainable adoption” means the ability for communications
   42  service providers to offer broadband services in all areas of
   43  the state by encouraging adoption and utilization levels that
   44  allow for these services to be offered in the free market absent
   45  the need for governmental subsidy.
   46         (2) The Department of Economic Opportunity shall be the
   47  state’s single designated entity to receive and manage all
   48  federal Department of Commerce State Broadband Initiative funds
   49  and shall establish a public-private partnership that will
   50  Management Services is authorized to work collaboratively with,
   51  and to receive staffing support and other resources from,
   52  Enterprise Florida, Inc., state agencies, local governments,
   53  private businesses, nonprofit corporations, and community
   54  organizations to:
   55         (a) Monitor the adoption of broadband Internet service in
   56  collaboration with communications service providers, including,
   57  but not limited to, wireless and wireline Internet service
   58  providers, to develop geographical information system maps at
   59  the census tract level that will, at a minimum:
   60         1. Identify geographic gaps in broadband services,
   61  including areas unserved by any broadband provider and areas
   62  served by a single broadband provider at the census block level
   63  of detail;
   64         2. Identify the download and upload transmission speeds
   65  made available to businesses and individuals in the state, at
   66  the census block tract level of detail, using data rate
   67  benchmarks for broadband service used by the Federal
   68  Communications Commission to reflect different speed tiers; and
   69         3. Provide a baseline assessment of statewide broadband
   70  deployment in terms of percentage of households with broadband
   71  availability.
   72         (b) Create a strategic plan, developed with the use of
   73  consumer research into residential and business technology
   74  utilization data, which that has goals and strategies for
   75  increasing the use of broadband Internet service in the state.
   76         (c) Build and facilitate local technology planning teams or
   77  partnerships with members representing cross-sections of the
   78  community, which may include, but are not limited to,
   79  representatives from the following organizations and industries:
   80  libraries, K-12 education, colleges and universities, local
   81  health care providers, private businesses, community
   82  organizations, economic development organizations, local
   83  governments, tourism, parks and recreation, and agriculture.
   84         (d) Encourage the use of broadband Internet service,
   85  especially in the rural, unserved, and underserved communities
   86  of the state through grant programs having effective strategies
   87  to facilitate the statewide deployment of broadband Internet
   88  service. For any grants to be awarded, priority must be given to
   89  projects that:
   90         1. Provide access to broadband education, awareness,
   91  training, access, equipment, and support to libraries, schools,
   92  colleges and universities, health care providers, and community
   93  support organizations.
   94         2. Encourage the sustainable adoption of broadband in
   95  primarily unserved areas by removing barriers to entry.
   96         3. Work toward encouraging investments in establishing
   97  affordable and sustainable broadband Internet service in
   98  unserved areas of the state.
   99         4. Facilitate the development of applications, programs,
  100  and services, including, but not limited to, telework,
  101  telemedicine, and e-learning to increase the usage of, and
  102  demand for, broadband Internet service in the state.
  103         (3) The department may apply for and accept federal funds
  104  for purposes of this section, as well as gifts and donations
  105  from individuals, foundations, and private organizations.
  106         (4) The department may enter into contracts necessary or
  107  useful to carry out the purposes of this section.
  108         (5) The department may establish any committee or workgroup
  109  to administer and carry out the purposes of this section.
  110         (6) The department may adopt rules necessary to carry out
  111  the purposes of this section. Any rule, contract, grant, or
  112  other activity undertaken by the department shall ensure that
  113  all entities are in compliance with any applicable federal or
  114  state laws, rules, and regulations, including, but not limited
  115  to, those applicable to private entities providing
  116  communications services for hire and the requirements of s.
  117  350.81.
  118         Section 2. All powers, duties, functions, records, offices,
  119  property, pending issues, existing contracts, administrative
  120  authority, administrative rules, and unexpended balance of
  121  appropriations, allocations, and other funds relating to the
  122  Broadband Initiative Program in the Department of Management
  123  Services are transferred by a type two transfer, as defined in
  124  s. 20.06(2), Florida Statutes, to the Department of Economic
  125  Opportunity.
  126         Section 3. (1) The Department of Management Services, in
  127  consultation with the Department of Economic Opportunity, shall
  128  develop and submit to the United States Department of Commerce a
  129  request to transfer the federal broadband grant from the
  130  Department of Management Services to the Department of Economic
  131  Opportunity. Upon receipt from the United States Department of
  132  Commerce of its approval or denial of the request for a transfer
  133  of the broadband grant, the Department of Management Services
  134  shall, in writing, immediately notify the Governor, the
  135  President of the Senate, and the Speaker of the House of
  136  Representatives of that decision.
  137         (2) If the request for a transfer of the federal broadband
  138  grant is approved pursuant to subsection (1), the Department of
  139  Management Services shall submit a budget amendment for approval
  140  by the Legislative Budget Commission pursuant to s.
  141  216.292(4)(d), Florida Statutes, to transfer from the department
  142  to the Department of Economic Opportunity the funds necessary to
  143  implement this act.
  144         (3) This section shall take effect upon this act becoming a
  145  law.
  146         Section 4. Except as otherwise expressly provided in this
  147  act and except for this section, which shall take effect upon
  148  this act becoming a law, this act shall take effect upon
  149  approval of the budget amendment required under section 3.