Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. SB 1242
Barcode 889700
LEGISLATIVE ACTION
Senate . House
Comm: FAV .
03/01/2012 .
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The Committee on Budget Subcommittee on Transportation, Tourism,
and Economic Development Appropriations (Bennett) recommended
the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 364.0135, Florida Statutes, is amended
6 to read:
7 364.0135 Promotion of broadband adoption.—
8 (1) The Legislature finds that the sustainable adoption of
9 broadband Internet service is critical to the economic, and
10 business, and community development of the state and is
11 beneficial for libraries, schools, colleges and universities,
12 health care providers, and community organizations. The term
13 “sustainable adoption” means the ability for communications
14 service providers to offer broadband services in all areas of
15 the state by encouraging adoption and utilization levels that
16 allow for these services to be offered in the free market absent
17 the need for governmental subsidy.
18 (2) The Department of Economic Opportunity shall be the
19 state’s single designated entity to receive and manage all
20 federal Department of Commerce State Broadband Initiative funds
21 and shall establish a public-private partnership that will
22 Management Services is authorized to work collaboratively with,
23 and to receive staffing support and other resources from,
24 Enterprise Florida, Inc., state agencies, local governments,
25 private businesses, nonprofit corporations, and community
26 organizations to:
27 (a) Monitor the adoption of broadband Internet service in
28 collaboration with communications service providers, including,
29 but not limited to, wireless and wireline Internet service
30 providers, to develop geographical information system maps at
31 the census tract level that will, at a minimum:
32 1. Identify geographic gaps in broadband services,
33 including areas unserved by any broadband provider and areas
34 served by a single broadband provider at the census block level
35 of detail;
36 2. Identify the download and upload transmission speeds
37 made available to businesses and individuals in the state, at
38 the census block tract level of detail, using data rate
39 benchmarks for broadband service used by the Federal
40 Communications Commission to reflect different speed tiers; and
41 3. Provide a baseline assessment of statewide broadband
42 deployment in terms of percentage of households with broadband
43 availability.
44 (b) Create a strategic plan, developed with the use of
45 consumer research into residential and business technology
46 utilization data, which that has goals and strategies for
47 increasing the use of broadband Internet service in the state.
48 (c) Build and facilitate local technology planning teams or
49 partnerships with members representing cross-sections of the
50 community, which may include, but are not limited to,
51 representatives from the following organizations and industries:
52 libraries, K-12 education, colleges and universities, local
53 health care providers, private businesses, community
54 organizations, economic development organizations, local
55 governments, tourism, parks and recreation, and agriculture.
56 (d) Encourage the use of broadband Internet service,
57 especially in the rural, unserved, and underserved communities
58 of the state through grant programs having effective strategies
59 to facilitate the statewide deployment of broadband Internet
60 service. For any grants to be awarded, priority must be given to
61 projects that:
62 1. Provide access to broadband education, awareness,
63 training, access, equipment, and support to libraries, schools,
64 colleges and universities, health care providers, and community
65 support organizations.
66 2. Encourage the sustainable adoption of broadband in
67 primarily unserved areas by removing barriers to entry.
68 3. Work toward encouraging investments in establishing
69 affordable and sustainable broadband Internet service in
70 unserved areas of the state.
71 4. Facilitate the development of applications, programs,
72 and services, including, but not limited to, telework,
73 telemedicine, and e-learning to increase the usage of, and
74 demand for, broadband Internet service in the state.
75 (3) The department may apply for and accept federal funds
76 for purposes of this section, as well as gifts and donations
77 from individuals, foundations, and private organizations.
78 (4) The department may enter into contracts necessary or
79 useful to carry out the purposes of this section.
80 (5) The department may establish any committee or workgroup
81 to administer and carry out the purposes of this section.
82 (6) The department may adopt rules necessary to carry out
83 the purposes of this section. Any rule, contract, grant, or
84 other activity undertaken by the department shall ensure that
85 all entities are in compliance with any applicable federal or
86 state laws, rules, and regulations, including, but not limited
87 to, those applicable to private entities providing
88 communications services for hire and the requirements of s.
89 350.81.
90 Section 2. All powers, duties, functions, records, offices,
91 property, pending issues, existing contracts, administrative
92 authority, administrative rules, and unexpended balance of
93 appropriations, allocations, and other funds relating to the
94 Broadband Initiative Program in the Department of Management
95 Services are transferred by a type two transfer, as defined in
96 s. 20.06(2), Florida Statutes, to the Department of Economic
97 Opportunity.
98 Section 3. (1) The Department of Management Services, in
99 consultation with the Department of Economic Opportunity, shall
100 develop and submit to the United States Department of Commerce a
101 request to transfer the federal broadband grant from the
102 Department of Management Services to the Department of Economic
103 Opportunity. Upon receipt from the United States Department of
104 Commerce of its approval or denial of the request for a transfer
105 of the broadband grant, the Department of Management Services
106 shall, in writing, immediately notify the Governor, the
107 President of the Senate, and the Speaker of the House of
108 Representatives of that decision.
109 (2) If the request for a transfer of the federal broadband
110 grant is approved pursuant to subsection (1), the Department of
111 Management Services shall submit a budget amendment for approval
112 by the Legislative Budget Commission pursuant to s.
113 216.292(4)(d), Florida Statutes, to transfer from the department
114 to the Department of Economic Opportunity the funds necessary to
115 implement this act.
116 (3) This section shall take effect upon this act becoming a
117 law.
118 Section 4. Except as otherwise expressly provided in this
119 act and except for this section, which shall take effect upon
120 this act becoming a law, this act shall take effect upon
121 approval of the budget amendment required under section 3.
122
123 ================= T I T L E A M E N D M E N T ================
124 And the title is amended as follows:
125 Delete everything before the enacting clause
126 and insert:
127 A bill to be entitled
128 An act relating to broadband Internet service;
129 amending s. 364.0135, F.S.; revising provisions that
130 promote adoption of broadband Internet service;
131 providing for the Department of Economic Opportunity
132 to receive and manage certain federal funds; directing
133 the department to establish a public-private
134 partnership to perform certain functions; authorizing
135 the department to accept certain funds, enter into
136 contracts, and establish committees and workgroups for
137 certain purposes; authorizing the department to adopt
138 rules; removing authority of the Department of
139 Management Services to perform certain functions;
140 providing for a type two transfer of the Broadband
141 Initiative Program from the Department of Management
142 Services to the Department of Economic Opportunity;
143 requiring the Department of Management Services to
144 submit to the United States Department of Commerce a
145 request to transfer its federal broadband grant to the
146 Department of Economic Opportunity; requiring the
147 Department of Management Services to notify the
148 Governor and Legislature of the decision of the United
149 States Department of Commerce; requiring the
150 Department of Management Services, if the request is
151 approved, to submit a budget amendment for approval by
152 the Legislative Budget Commission to transfer from the
153 department to the Department of Economic Opportunity
154 the funds necessary to implement this act; providing a
155 contingent effective date.