1 | A bill to be entitled |
2 | An act relating to broadband Internet service; providing |
3 | legislative findings and intent; authorizing the |
4 | Department of Management Services to engage in certain |
5 | activities related to assessing the need for broadband |
6 | Internet service in the state, planning for such service, |
7 | and encouraging the statewide deployment of such service; |
8 | authorizing the department to apply for and accept certain |
9 | funds; authorizing the department to enter into contracts; |
10 | authorizing the department to establish committees or |
11 | workgroups; authorizing the department to adopt rules; |
12 | authorizing the department to adopt emergency rules; |
13 | providing legislative findings; exempting such emergency |
14 | rules from certain administrative procedures; providing an |
15 | effective date. |
16 |
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17 | Be It Enacted by the Legislature of the State of Florida: |
18 |
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19 | Section 1. (1) The Legislature finds that broadband |
20 | Internet service is critical to the economic development of the |
21 | state and is beneficial for libraries, schools, colleges and |
22 | universities, health care providers, and community |
23 | organizations. The Legislature further finds that barriers exist |
24 | to the statewide deployment of broadband Internet service, |
25 | especially in rural, unserved, or underserved communities. The |
26 | Legislature therefore intends to promote the efficient and |
27 | effective deployment of broadband Internet service throughout |
28 | the state through a coordinated statewide effort. |
29 | (2) The Department of Management Services is authorized to |
30 | work collaboratively with, and to receive staffing support and |
31 | other resources from, Enterprise Florida, Inc., state agencies, |
32 | local governments, private businesses, and community |
33 | organizations to: |
34 | (a) Conduct a needs assessment of broadband Internet |
35 | service in collaboration with communications service providers, |
36 | including, but not limited to, wireless and wireline Internet |
37 | service providers, to develop geographical information system |
38 | maps at the census tract level that: |
39 | 1. Identify geographic gaps in broadband Internet service, |
40 | including areas unserved by any broadband service provider and |
41 | areas served by a single broadband service provider. |
42 | 2. Identify the download and upload transmission speeds |
43 | made available to businesses and individuals in the state, at |
44 | the census tract level of detail, using the data rate benchmarks |
45 | for broadband service used by the Federal Communications |
46 | Commission to reflect different speed tiers. |
47 | 3. Provide a baseline assessment of statewide broadband |
48 | Internet service deployment in terms of the percentage of |
49 | households with broadband service availability. |
50 | (b) Create a strategic plan that has goals and strategies |
51 | for increasing the use of broadband Internet service in the |
52 | state. |
53 | (c) Build and facilitate local technology planning teams |
54 | or partnerships with members representing cross-sections of the |
55 | community, which may include, but are not limited to, |
56 | representatives from the following organizations and industries: |
57 | libraries, K-12 education, colleges and universities, local |
58 | health care providers, private businesses, community |
59 | organizations, economic development organizations, local |
60 | governments, tourism, parks and recreation, and agriculture. |
61 | (d) Encourage the use of broadband Internet service, |
62 | especially in the rural, unserved, and underserved communities |
63 | of the state through grant programs that utilize effective |
64 | strategies to facilitate the statewide deployment of broadband |
65 | Internet service. For any grants to be awarded, priority must be |
66 | given to projects that: |
67 | 1. Provide access to broadband education, awareness, |
68 | training, access, equipment, and support to libraries, schools, |
69 | colleges and universities, health care providers, and community |
70 | support organizations. |
71 | 2. Encourage investments in primarily unserved areas to |
72 | give consumers a choice of more than one broadband service |
73 | provider. |
74 | 3. Work toward establishing affordable and sustainable |
75 | broadband Internet service in unserved areas of the state. |
76 | 4. Facilitate the development of applications, programs, |
77 | and services, including, but not limited to, telework, |
78 | telemedicine, and e-learning to increase the usage of, and |
79 | demand for, broadband Internet service in the state. |
80 | (3) The department may apply for and accept federal funds |
81 | for purposes of this section, as well as gifts and donations |
82 | from individuals, foundations, and private organizations. |
83 | (4) The department may enter into contracts to carry out |
84 | the purposes of this section and is encouraged to contract with |
85 | nonprofit entities when feasible. |
86 | (5) The department may establish any committee or |
87 | workgroup for purposes of administering this section. |
88 | (6) The department may adopt rules pursuant to ss. |
89 | 120.536(1) and 120.54, Florida Statutes, to administer this |
90 | section, including, but not limited to, rules that define terms |
91 | for purposes of this section. |
92 | (7) The department may adopt emergency rules pursuant to |
93 | s. 120.54, Florida Statutes. The Legislature finds that such |
94 | emergency rulemaking authority is necessary for preservation of |
95 | the rights and welfare of the public in order to provide |
96 | additional funds for the benefit of this state. The Legislature |
97 | further finds that the activity authorized in this section |
98 | requires that the department periodically respond as quickly as |
99 | practicable to changes in the marketplace and the federal and |
100 | state regulatory environment. Therefore, in adopting such |
101 | emergency rules, the department need not make the findings |
102 | required by s. 120.54(4)(a), Florida Statutes. |
103 | Section 2. This act shall take effect upon becoming a law. |