Florida Senate - 2023 CS for SB 626
By the Committee on Regulated Industries; and Senator DiCeglie
580-02350-23 2023626c1
1 A bill to be entitled
2 An act relating to broadband Internet service
3 providers; creating s. 364.391, F.S.; defining terms;
4 specifying that the poles of rural electric
5 cooperatives that are engaged in the provision of
6 broadband are subject to regulation by the Public
7 Service Commission; authorizing the commission to
8 access the books and records of such cooperatives for
9 specified purposes; providing that such information
10 that contains proprietary confidential business
11 information retains its confidential or exempt status
12 when held by the commission; providing construction;
13 amending s. 425.04, F.S.; authorizing rural electric
14 cooperatives to engage in the provision of broadband;
15 providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Section 364.391, Florida Statutes, is created to
20 read:
21 364.391 Rural electric cooperatives engaged in the
22 provision of broadband.—
23 (1) As used in this section, the term:
24 (a) “Affiliate” means an entity related through a parent
25 cooperative’s controlling interest. The term includes a
26 subsidiary or any other entity under common control with the
27 cooperative.
28 (b) “Cooperative” means a rural electric cooperative
29 established pursuant to chapter 425.
30 (c) “Engages in the provision of broadband” means an entity
31 that:
32 1. Provides broadband service directly, through an
33 affiliate, or pursuant to an agreement with a third party; or
34 2. Accepts broadband grant funding pursuant to s. 288.9962
35 or from any other federal or state program offering grants to
36 expand broadband Internet service to unserved areas of this
37 state.
38 (2) If a cooperative engages in the provision of broadband:
39 (a) All poles owned by the cooperative are subject to
40 regulation under s. 366.04(8) on the same basis as if such
41 cooperative were a public utility under that subsection; and
42 (b) The commission may access the books and records of such
43 cooperative to the limited extent necessary to perform its
44 functions and to exercise its authority under ss. 366.04(8) and
45 366.97(4). Upon request of the cooperative, any records the
46 commission receives under this paragraph which are proprietary
47 confidential business information under s. 364.183 or s. 366.093
48 shall retain their status as confidential or exempt from
49 disclosure under s. 119.07(1) and s. 24(a), Art. I of the State
50 Constitution.
51 (3) This section may not be construed to impair the
52 contract rights of a party to a valid pole attachment agreement
53 in existence before July 1, 2023.
54 Section 2. Section 425.04, Florida Statutes, is amended to
55 read:
56 425.04 Powers.—A cooperative shall have all of the
57 following powers power:
58 (1) To sue and be sued, in its corporate name.;
59 (2) To have perpetual existence.;
60 (3) To adopt a corporate seal and alter the same at
61 pleasure.;
62 (4) To generate, manufacture, purchase, acquire, accumulate
63 and transmit electric energy, and to distribute, sell, supply,
64 and dispose of electric energy in rural areas to its members, to
65 governmental agencies and political subdivisions, and to other
66 persons not in excess of 10 percent of the number of its
67 members; to process, treat, sell, and dispose of water and water
68 rights; to purchase, construct, own and operate water systems;
69 to own and operate sanitary sewer systems; and to supply water
70 and sanitary sewer services. However, a no cooperative may not
71 shall distribute or sell any electricity, or electric energy to
72 any person residing within any town, city, or area in which the
73 person is receiving adequate central station service or who at
74 the time of commencing such service, or offer to serve, by a
75 cooperative, is receiving adequate central station service from
76 any utility agency, privately or municipally owned individual
77 partnership, or corporation.;
78 (5) To make loans to persons to whom electric energy is or
79 will be supplied by the cooperative for the purpose of, and
80 otherwise to assist such person in, wiring their premises and
81 installing therein electric and plumbing fixtures, appliances,
82 apparatus and equipment of any and all kinds and character, and
83 in connection therewith, to purchase, acquire, lease, sell,
84 distribute, install and repair such electric and plumbing
85 fixtures, appliances, apparatus and equipment, and to accept or
86 otherwise acquire, and to sell, assign, transfer, endorse,
87 pledge, hypothecate and otherwise dispose of notes, bonds and
88 other evidences of indebtedness and any and all types of
89 security therefor.;
90 (6) To make loans to persons to whom electric energy is or
91 will be supplied by the cooperative for the purpose of, and
92 otherwise to assist such persons in, constructing, maintaining
93 and operating electric refrigeration plants.;
94 (7) To become a member in one or more other cooperatives or
95 corporations or to own stock therein.;
96 (8) To construct, purchase, take, receive, lease as lessee,
97 or otherwise acquire, and to own, hold, use, equip, maintain,
98 and operate, and to sell, assign, transfer, convey, exchange,
99 lease as lessor, mortgage, pledge, or otherwise dispose of or
100 encumber, electric transmission and distribution lines or
101 systems, electric generating plants, electric refrigeration
102 plants, lands, buildings, structures, dams, plants and
103 equipment, and any and all kinds and classes of real or personal
104 property whatsoever, which shall be deemed necessary, convenient
105 or appropriate to accomplish the purpose for which the
106 cooperative is organized.;
107 (9) To purchase or otherwise acquire; to own, hold, use and
108 exercise; and to sell, assign, transfer, convey, mortgage,
109 pledge, hypothecate, or otherwise dispose of or encumber,
110 franchises, rights, privileges, licenses, rights-of-way and
111 easement.;
112 (10) To borrow money and otherwise contract indebtedness;
113 to issue notes, bonds, and other evidences of indebtedness
114 therefor; and to secure the payment thereof by mortgage, pledge,
115 deed of trust, or any other encumbrance upon any or all of its
116 then owned or after-acquired real or personal property, assets,
117 franchises, revenues or income.;
118 (11) To construct, maintain, and operate electric
119 transmission and distribution lines along, upon, under and
120 across all public thoroughfares, including without limitation,
121 all roads, highways, streets, alleys, bridges and causeways, and
122 upon, under and across all publicly owned lands, subject,
123 however, to the requirements in respect of the use of such
124 thoroughfares and lands that are imposed by the respective
125 authorities having jurisdiction thereof upon corporations
126 constructing or operating electric transmission and distribution
127 lines or systems.;
128 (12) To exercise the power of eminent domain in the manner
129 provided by the laws of this state for the exercise of that
130 power by corporations constructing or operating electric
131 transmission and distribution lines or systems.;
132 (13) To engage in the provision of broadband pursuant to s.
133 364.391.
134 (14) To conduct its business and exercise any or all of its
135 powers within or without this state.;
136 (15)(14) To adopt, amend, and repeal bylaws.; and
137 (16)(15) To do and perform any and all other acts and
138 things, and to have and exercise any and all other powers which
139 may be necessary, convenient or appropriate to accomplish the
140 purpose for which the cooperative is organized.
141 (17) To promote economic development by providing, an
142 electric cooperative may provide any energy or nonenergy
143 services to its membership.
144 Section 3. This act shall take effect July 1, 2023.