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.
    8  Be It Enacted by the Legislature of the State of Florida:
   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.