HB 7091

1
A bill to be entitled
2An act relating to broadband Internet service; providing
3legislative findings and intent; authorizing the
4Department of Management Services to engage in certain
5activities related to assessing the need for broadband
6Internet service in the state, planning for such service,
7and encouraging the statewide deployment of such service;
8authorizing the department to apply for and accept certain
9funds; authorizing the department to enter into contracts;
10authorizing the department to establish committees or
11workgroups; authorizing the department to adopt rules;
12authorizing the department to adopt emergency rules;
13providing legislative findings; exempting such emergency
14rules from certain administrative procedures; providing an
15effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  (1)  The Legislature finds that broadband
20Internet service is critical to the economic development of the
21state and is beneficial for libraries, schools, colleges and
22universities, health care providers, and community
23organizations. The Legislature further finds that barriers exist
24to the statewide deployment of broadband Internet service,
25especially in rural, unserved, or underserved communities. The
26Legislature therefore intends to promote the efficient and
27effective deployment of broadband Internet service throughout
28the state through a coordinated statewide effort.
29     (2)  The Department of Management Services is authorized to
30work collaboratively with, and to receive staffing support and
31other resources from, Enterprise Florida, Inc., state agencies,
32local governments, private businesses, and community
33organizations to:
34     (a)  Conduct a needs assessment of broadband Internet
35service in collaboration with communications service providers,
36including, but not limited to, wireless and wireline Internet
37service providers, to develop geographical information system
38maps at the census tract level that:
39     1.  Identify geographic gaps in broadband Internet service,
40including areas unserved by any broadband service provider and
41areas served by a single broadband service provider.
42     2.  Identify the download and upload transmission speeds
43made available to businesses and individuals in the state, at
44the census tract level of detail, using the data rate benchmarks
45for broadband service used by the Federal Communications
46Commission to reflect different speed tiers.
47     3.  Provide a baseline assessment of statewide broadband
48Internet service deployment in terms of the percentage of
49households with broadband service availability.
50     (b)  Create a strategic plan that has goals and strategies
51for increasing the use of broadband Internet service in the
52state.
53     (c)  Build and facilitate local technology planning teams
54or partnerships with members representing cross-sections of the
55community, which may include, but are not limited to,
56representatives from the following organizations and industries:
57libraries, K-12 education, colleges and universities, local
58health care providers, private businesses, community
59organizations, economic development organizations, local
60governments, tourism, parks and recreation, and agriculture.
61     (d)  Encourage the use of broadband Internet service,
62especially in the rural, unserved, and underserved communities
63of the state through grant programs that utilize effective
64strategies to facilitate the statewide deployment of broadband
65Internet service. For any grants to be awarded, priority must be
66given to projects that:
67     1.  Provide access to broadband education, awareness,
68training, access, equipment, and support to libraries, schools,
69colleges and universities, health care providers, and community
70support organizations.
71     2.  Encourage investments in primarily unserved areas to
72give consumers a choice of more than one broadband service
73provider.
74     3.  Work toward establishing affordable and sustainable
75broadband Internet service in unserved areas of the state.
76     4.  Facilitate the development of applications, programs,
77and services, including, but not limited to, telework,
78telemedicine, and e-learning to increase the usage of, and
79demand for, broadband Internet service in the state.
80     (3)  The department may apply for and accept federal funds
81for purposes of this section, as well as gifts and donations
82from individuals, foundations, and private organizations.
83     (4)  The department may enter into contracts to carry out
84the purposes of this section and is encouraged to contract with
85nonprofit entities when feasible.
86     (5)  The department may establish any committee or
87workgroup for purposes of administering this section.
88     (6)  The department may adopt rules pursuant to ss.
89120.536(1) and 120.54, Florida Statutes, to administer this
90section, including, but not limited to, rules that define terms
91for purposes of this section.
92     (7)  The department may adopt emergency rules pursuant to
93s. 120.54, Florida Statutes. The Legislature finds that such
94emergency rulemaking authority is necessary for preservation of
95the rights and welfare of the public in order to provide
96additional funds for the benefit of this state. The Legislature
97further finds that the activity authorized in this section
98requires that the department periodically respond as quickly as
99practicable to changes in the marketplace and the federal and
100state regulatory environment. Therefore, in adopting such
101emergency rules, the department need not make the findings
102required by s. 120.54(4)(a), Florida Statutes.
103     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.