Florida Senate - 2013 SB 756 By Senator Grimsley 21-00610-13 2013756__ 1 A bill to be entitled 2 An act relating to the Department of Transportation; 3 requiring the department to adopt rules governing the 4 use of the department’s excess fiber optic 5 communication networks for nontransportation purposes; 6 providing an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Department of Transportation policy for use of 11 excess data transmission capacity.—By July 1, 2014, the 12 Department of Transportation shall adopt rules governing the use 13 of the department’s excess fiber optic communication networks by 14 local governmental entities for nontransportation purposes. The 15 rules must comply with state law and, if applicable, federal 16 regulations governing property acquired with federal aid. The 17 rules may allow, but are not required to allow, any 18 nontransportation use. However, if such nontransportation use is 19 allowed, the rules must: 20 (1) Provide for an interlocal agreement to define the 21 agreed upon parameters for use of the department’s fiber optic 22 network. The agreement must define each party’s respective 23 rights and roles and must preserve the department’s right to 24 terminate the agreement if the right-of-way area occupied by the 25 fiber optic cable is subsequently required for transportation 26 purposes. 27 (2) Establish a statewide policy for the allowed use of the 28 fiber optic network. The policy must be consistent with federal 29 regulations governing federal-aid projects, provide for future 30 fiber optic needs for transportation purposes, and include 31 requirements for a needs analysis to be performed before each 32 nontransportation use is considered. 33 Section 2. This act shall take effect July 1, 2013.