HB 945

1
A bill to be entitled
2An act relating to broadband Internet service;
3amending s. 364.0135, F.S.; revising provisions to
4promote adoption of broadband Internet service;
5providing for the Department of Economic Opportunity
6to receive and manage certain federal funds; directing
7the department to establish a public-private
8partnership to perform certain functions; authorizing
9the department to accept certain funds, enter into
10contracts, and establish committees and workgroups for
11certain purposes; authorizing the department to adopt
12rules; removing authority of the Department of
13Management Services to perform certain functions;
14providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Section 364.0135, Florida Statutes, is amended
19to read:
20     364.0135  Promotion of broadband adoption.-
21     (1)  The Legislature finds that the sustainable adoption of
22broadband Internet service is critical to the economic, and
23business, and community development of the state and is
24beneficial for libraries, schools, colleges and universities,
25health care providers, and community organizations. The term
26"sustainable adoption" means the ability for communications
27service providers to offer broadband services in all areas of
28the state by encouraging adoption and utilization levels that
29allow for these services to be offered in the free market absent
30the need for governmental subsidy.
31     (2)  The Department of Economic Opportunity shall be the
32state's single designated entity to receive and manage all
33federal Department of Commerce State Broadband Initiative funds
34and shall establish a public-private partnership that will
35Management Services is authorized to work collaboratively with,
36and to receive staffing support and other resources from,
37Enterprise Florida, Inc., state agencies, local governments,
38private businesses, nonprofit corporations, and community
39organizations to:
40     (a)  Monitor the adoption of broadband Internet service in
41collaboration with communications service providers, including,
42but not limited to, wireless and wireline Internet service
43providers, to develop geographical information system maps at
44the census tract level that will, at a minimum:
45     1.  Identify geographic gaps in broadband services,
46including areas unserved by any broadband provider and areas
47served by a single broadband provider at the census block level
48of detail;
49     2.  Identify the download and upload transmission speeds
50made available to businesses and individuals in the state, at
51the census block tract level of detail, using data rate
52benchmarks for broadband service used by the Federal
53Communications Commission to reflect different speed tiers; and
54     3.  Provide a baseline assessment of statewide broadband
55deployment in terms of percentage of households with broadband
56availability.
57     (b)  Create a strategic plan, developed with the use of
58consumer research into residential and business technology
59utilization data, which that has goals and strategies for
60increasing the use of broadband Internet service in the state.
61     (c)  Build and facilitate local technology planning teams
62or partnerships with members representing cross-sections of the
63community, which may include, but are not limited to,
64representatives from the following organizations and industries:
65libraries, K-12 education, colleges and universities, local
66health care providers, private businesses, community
67organizations, economic development organizations, local
68governments, tourism, parks and recreation, and agriculture.
69     (d)  Encourage the use of broadband Internet service,
70especially in the rural, unserved, and underserved communities
71of the state through grant programs having effective strategies
72to facilitate the statewide deployment of broadband Internet
73service. For any grants to be awarded, priority must be given to
74projects that:
75     1.  Provide access to broadband education, awareness,
76training, access, equipment, and support to libraries, schools,
77colleges and universities, health care providers, and community
78support organizations.
79     2.  Encourage the sustainable adoption of broadband in
80primarily unserved areas by removing barriers to entry.
81     3.  Work toward encouraging investments in establishing
82affordable and sustainable broadband Internet service in
83unserved areas of the state.
84     4.  Facilitate the development of applications, programs,
85and services, including, but not limited to, telework,
86telemedicine, and e-learning to increase the usage of, and
87demand for, broadband Internet service in the state.
88     (3)  The department may apply for and accept federal funds
89for purposes of this section, as well as gifts and donations
90from individuals, foundations, and private organizations.
91     (4)  The department may enter into contracts necessary or
92useful to carry out the purposes of this section.
93     (5)  The department may establish any committee or
94workgroup to administer and carry out the purposes of this
95section.
96     (6)  The department may adopt rules necessary to carry out
97the purposes of this section. Any rule, contract, grant, or
98other activity undertaken by the department shall ensure that
99all entities are in compliance with any applicable federal or
100state laws, rules, and regulations, including, but not limited
101to, those applicable to private entities providing
102communications services for hire and the requirements of s.
103350.81.
104     Section 2.  This act shall take effect July 1, 2012.


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