Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 1560 Ì510320YÎ510320 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/16/2021 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Commerce and Tourism (Ausley) recommended the following: 1 Senate Amendment to Amendment (186496) (with title 2 amendment) 3 4 Delete lines 97 - 270 5 and insert: 6 program shall be subject to appropriation. 7 (2) Grants awarded under this section shall fund the 8 installation or deployment of infrastructure that supports the 9 provision of broadband Internet service. State funds may not be 10 used to install or deploy broadband Internet service to a 11 geographic area in which broadband Internet service is already 12 deployed by at least one provider. 13 (3) Applicants eligible for grant awards include: 14 (a) Corporations, nonprofit corporations, limited liability 15 companies, general partnerships, and limited partnerships that 16 are organized under the laws of this state or otherwise 17 authorized to transact business in this state. 18 (b) Political subdivisions. 19 (c) Rural electric cooperatives organized under chapter 425 20 and their broadband affiliates. 21 (d) Indian tribes. 22 (4) The office may not award, directly or indirectly, 23 grants under this section to a governmental entity, a rural 24 electric cooperative or its broadband affiliate, or an 25 educational institution or affiliate to provide broadband 26 Internet service to any residential or commercial premises, 27 unless other broadband Internet service providers have not 28 deployed service to an unserved or underserved area. 29 (5) An eligible applicant shall submit a grant application 30 to the office on a form prescribed by the office. A grant 31 application must include all of the following information: 32 (a) A description of the project area. 33 (b) A description of the kind and amount of broadband 34 Internet service infrastructure which is proposed. 35 (c) Evidence demonstrating the unserved or underserved 36 nature of the project area. 37 (d) The number of households and businesses which would 38 have access to broadband Internet service as a result of the 39 grant. 40 (e) A list of significant community institutions that would 41 benefit from the grant. 42 (f) The total cost of the project and the timeframe in 43 which it would be completed. 44 (g) A list identifying sources of funding or in-kind 45 contributions that would supplement any awarded grant. 46 (h) Any other information required by the office. 47 (6)(a) At least 30 days before the first day grant 48 applications may be submitted each fiscal year, the office shall 49 publish on its website the specific criteria and quantitative 50 scoring system it will use to evaluate or rank grant 51 applications. Such criteria and quantitative scoring system must 52 include the criteria set forth in subsection (7). 53 (b) Within 3 business days after the close of the grant 54 application process, the office shall publish on its website, 55 from each grant application submitted, the proposed unserved or 56 underserved areas to be served and the proposed broadband 57 Internet speeds of the areas to be served. 58 (c) A broadband Internet service provider that provides 59 existing service in or adjacent to a proposed project area may 60 submit to the office, within 45 days after publication of the 61 information under paragraph (b), a written challenge to an 62 application. The challenge must contain information 63 demonstrating that: 64 1. The provider currently has deployed broadband Internet 65 service to retail customers within the project area; 66 2. The provider has begun construction to provide broadband 67 Internet service to retail customers within the proposed project 68 area within the timeframe proposed by the applicant; or 69 3. The provider commits to providing broadband Internet 70 service to retail customers within the proposed project area 71 within the timeframe proposed by the applicant. 72 (d) Within 3 business days after the submission of a 73 written challenge, the office shall notify the applicant, in 74 writing, of the challenge. 75 (e) The office shall evaluate each challenge submitted 76 under this subsection. If the office determines that the 77 provider currently has deployed, has begun construction to 78 provide, or commits to provide broadband Internet service in the 79 proposed project area, the office may not fund the challenged 80 project. 81 (f) If the office denies funding to an applicant as a 82 result of a broadband Internet service provider’s challenge, and 83 the provider does not fulfill its commitment to provide 84 broadband Internet service in the unserved or underserved area, 85 the office may not consider another challenge from the provider 86 for the next two grant application cycles, unless the office 87 determines that the failure to fulfill the commitment was due to 88 circumstances beyond the provider’s control. 89 (7)(a) In evaluating grant applications and awarding 90 grants, the office must give priority to applications that: 91 1. Offer broadband Internet service to important community 92 institutions, including, but not limited to, libraries, 93 educational institutions, public safety facilities, and health 94 care facilities; 95 2. Facilitate the use of telemedicine and electronic health 96 records; 97 3. Serve economically distressed areas of this state, as 98 measured by indices of unemployment, poverty, or population loss 99 which are significantly greater than the statewide average; 100 4. Provide for scalability to transmission speeds of at 101 least 100 megabits per second download and 10 megabits per 102 second upload; 103 5. Include a component to actively promote the adoption of 104 the newly available broadband Internet service in the community; 105 6. Provide evidence of strong support for the project from 106 residents, government, businesses, and institutions in the 107 community; 108 7. Provide access to broadband Internet service to the 109 greatest number of unserved and underserved households and 110 businesses; 111 8. Leverage greater amounts of funding for a project from 112 private sources; or 113 9. Demonstrate consistency with the strategic plan adopted 114 under s. 364.0135. 115 (b) The office must endeavor to award grants to qualified 116 applications serving all regions of this state. 117 (8)(a) The office may not award any grant to an otherwise 118 eligible grant applicant to provide broadband Internet service 119 in a project area for which any other federal funding has been 120 awarded. 121 (b) A grant awarded under this section may not be used to 122 serve any retail end user that already has access to broadband 123 Internet service. 124 (c) A grant awarded under this section, when combined with 125 any state or local funds, may not fund more than 50 percent of 126 the total cost of a project. 127 (d) A single project may not be awarded a grant in excess 128 of $5 million. 129 (9) For each grant awarded, the office shall enter into an 130 agreement with the applicant. The agreement must specify the 131 total amount of the grant, performance conditions that must be 132 met to obtain the grant, the schedule of payment, and sanctions 133 that would apply for failure to meet performance conditions, 134 including, but not limited to, requiring the return of grant 135 funds. 136 (10) By January 1, 2023, and each year thereafter, the 137 office shall publish on its website and provide to the Governor, 138 the President of the Senate, and the Speaker of the House of 139 Representatives all of the following information: 140 (a) A list of all grant applications received during the 141 previous fiscal year and for each application: 142 1. The results of any quantitative weighting or scoring 143 system the office used to award grants or rank the applications. 144 2. The grant amounts requested. 145 3. The grant amounts awarded, if any. 146 4. A report on the progress of each grant recipient in 147 acquiring and installing infrastructure that supports the 148 provision of broadband Internet service in the project areas for 149 which that grant was awarded and in securing adoption of such 150 service in each project area. 151 (b) All written challenges filed during the previous year 152 and the results of those challenges. 153 154 ================= T I T L E A M E N D M E N T ================ 155 And the title is amended as follows: 156 Delete lines 296 - 303 157 and insert: 158 Legislature; creating s. 364.0137, F.S.; defining