Florida Senate - 2021 CS for SB 1592 By the Committee on Finance and Tax; and Senators Burgess, Diaz, and Albritton 593-03645-21 20211592c1 1 A bill to be entitled 2 An act relating to broadband Internet infrastructure; 3 providing a short title; amending s. 212.08, F.S.; 4 exempting the purchase or lease of certain equipment 5 by a provider of communications services or a provider 6 of Internet access services in this state from the 7 sales and use tax; providing exceptions; defining 8 terms; creating s. 364.0137, F.S.; providing 9 legislative findings; defining terms; requiring 10 municipal electric utilities to ensure that their 11 broadband provider rates and fees meet certain 12 requirements, make certain records available to 13 broadband providers, provide access to its utility 14 poles, and establish just and reasonable terms and 15 conditions for broadband provider attachments; 16 providing a process for a municipal electric utility 17 and a broadband provider to enter into pole attachment 18 agreements; prohibiting municipal electric utilities 19 from prohibiting a broadband provider from using 20 certain techniques and equipment if used in accordance 21 with certain safety standards; providing an 22 application process and timelines for pole access 23 between a municipal electric utility and a broadband 24 provider; authorizing a broadband provider seeking a 25 new pole attachment to invoke the Florida one-touch, 26 make-ready process; providing requirements for such 27 process; authorizing a municipal electric utility to 28 make periodic inspections of a broadband provider’s 29 attachments; requiring the broadband provider to 30 reimburse the municipal electric utility for certain 31 costs relating to such inspections; authorizing a 32 municipal electric utility to conduct audits of such 33 attachments according to a specified timeframe; 34 requiring advanced written notice of such inspections 35 or audits; providing for the removal of pole 36 attachments within a specified timeframe upon 37 unresolved disputes; prohibiting a municipal electric 38 utility from charging additional rent or requiring 39 prior approval or applications for overlashes; 40 requiring any billed costs to be commercially 41 reasonable, nondiscriminatory, and sufficiently 42 detailed; authorizing municipal electric utilities and 43 broadband providers to seek any available remedies; 44 authorizing the Department of Revenue to adopt 45 emergency rules; providing that such rules are 46 effective for a specified timeframe and may be 47 renewed; providing an effective date. 48 49 WHEREAS, although this state is a national leader in 50 private sector broadband investment, including billions of 51 dollars invested by existing service providers, estimates show 52 that as many as 804,000 residents lack access to the services, 53 particularly in rural areas where the cost to deploy facilities 54 is significantly higher than in more densely populated areas, 55 and 56 WHEREAS, the lack of advanced communication capabilities, 57 broadband facilities, and services in certain areas deprives 58 residents of access to opportunities, and 59 WHEREAS, the Legislature finds that it is in the public 60 interest of this state to encourage private-sector investment in 61 broadband deployment and upgrades, encourage greater 62 participation and access for all residents, and remove 63 regulatory and economic barriers to such investment, and 64 WHEREAS, the Legislature finds that it is in the public 65 interest of this state to encourage and facilitate the 66 development of and investment in broadband facilities to advance 67 Florida’s economic competitiveness, create job opportunities, 68 enhance health care, and enhance educational advancement, and 69 WHEREAS, the Legislature finds that reasonable rates, 70 terms, and conditions for access and use of municipal utility 71 poles by broadband service providers are essential for the 72 deployment, upgrade, and maintenance of broadband service, and 73 WHEREAS, it is critical that such access rates, terms, and 74 conditions be reasonable and fully compensatory, as approved by 75 the federal pole attachment regime imposed by the Communications 76 Act of 1934, as amended, 47 U.S.C. s. 224, and the rules and 77 regulations of the Federal Communications Commission governing 78 utilities whose pole attachments are regulated under federal 79 law, NOW, THEREFORE, 80 81 Be It Enacted by the Legislature of the State of Florida: 82 83 Section 1. This act may be cited as the “Florida Broadband 84 Deployment Act of 2021.” 85 Section 2. Paragraph (ppp) is added to subsection (7) of 86 section 212.08, Florida Statutes, to read: 87 212.08 Sales, rental, use, consumption, distribution, and 88 storage tax; specified exemptions.—The sale at retail, the 89 rental, the use, the consumption, the distribution, and the 90 storage to be used or consumed in this state of the following 91 are hereby specifically exempt from the tax imposed by this 92 chapter. 93 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any 94 entity by this chapter do not inure to any transaction that is 95 otherwise taxable under this chapter when payment is made by a 96 representative or employee of the entity by any means, 97 including, but not limited to, cash, check, or credit card, even 98 when that representative or employee is subsequently reimbursed 99 by the entity. In addition, exemptions provided to any entity by 100 this subsection do not inure to any transaction that is 101 otherwise taxable under this chapter unless the entity has 102 obtained a sales tax exemption certificate from the department 103 or the entity obtains or provides other documentation as 104 required by the department. Eligible purchases or leases made 105 with such a certificate must be in strict compliance with this 106 subsection and departmental rules, and any person who makes an 107 exempt purchase with a certificate that is not in strict 108 compliance with this subsection and the rules is liable for and 109 shall pay the tax. The department may adopt rules to administer 110 this subsection. 111 (ppp) Equipment purchased or leased in this state by a 112 provider of communications services or a provider of Internet 113 access services.— 114 1. The purchase or lease of qualifying equipment by a 115 provider of communications services or Internet access services 116 is exempt from the tax imposed by this chapter. 117 2. The exemption provided by this paragraph does not apply 118 to the purchase or lease of any of the following: 119 a. Real property; 120 b. Improvements to real property; 121 c. Office furniture and fixtures; 122 d. General office equipment and machinery that is not used 123 to provide communications services or Internet access services; 124 e. Vehicles; 125 f. Customer premise equipment; or 126 g. Facilities used to distribute signals beyond the central 127 office, headend, or hub facilities, including fiber optic, 128 coaxial, or other transmission cables; amplifiers; taps; and 129 customer drops. 130 3. The exemption provided by this paragraph does not apply 131 to the tax levied by s. 212.031. 132 4. As used in this paragraph, the term: 133 a. “Central office” means the location where telephone 134 subscribers’ lines are joined to switching equipment to connect 135 subscribers to each other, locally and long distance. Central 136 office equipment includes, but is not limited to, switches, 137 cable distribution frames, and batteries. 138 b. “Communications services” has the same meaning as in s. 139 202.11(1). 140 c. “Headend” means the primary location in a communications 141 provider’s network which receives television programming signals 142 through satellite antennae or fiber optic cables for 143 distribution to the customer premises through a distribution 144 network. Headend equipment includes, but is not limited to, 145 computer-based electronic equipment that receives programming 146 signals and uses prescribed processes to combine, amplify, and 147 convert the programming signals and transmit them through the 148 distribution network. The headend processes and combines signals 149 for distribution to hubs or directly to customer premises. In 150 most cases, the headend also serves as a distribution hub for 151 the fiber optic transfer nodes closest to the headend. The term 152 also includes a super headend, which processes all incoming 153 programming signals and transmits them to regional headends or 154 directly to hubs. 155 d. “Hub” means the secondary location in a communications 156 provider’s network which is connected to the headend by a fiber 157 optic or other cable. A hub may contain electronic equipment 158 that processes, converts, and transmits signals through the 159 distribution network, and can serve a large number of business 160 and residential communities. 161 e. “Internet access service” has the same meaning as in s. 162 202.11(6) and only applies to services that provide access to 163 the Internet with a capacity for transmission at a consistent 164 speed of at least 25 megabits per second download and 3 megabits 165 per second upload. 166 f. “Provider of communications services or Internet access 167 services” includes a dealer as defined in s. 202.11(2), a 168 provider of Internet access service, and any member of an 169 affiliated group as defined in s. 202.37(1)(c)2. 170 g. “Qualifying equipment” means equipment, machinery, 171 software, or other infrastructure used to provide communications 172 services or Internet access services and located within a 173 central office, headend, or hub operated by a provider of 174 communications services or Internet access services. 175 Section 3. Section 364.0137, Florida Statutes, is created 176 to read: 177 364.0137 Broadband service infrastructure.— 178 (1) The Legislature finds that just, reasonable, and 179 nondiscriminatory rates, terms, and conditions for the access 180 and use of municipal electric utility poles by broadband service 181 providers is essential to deploy, upgrade, and maintain 182 broadband service to residents of this state. It is critical 183 that municipal electric utility pole access and use rates are 184 just, reasonable, nondiscriminatory, and fully compensatory, 185 which may be achieved under the federal framework applicable to 186 utility poles owned and operated by investor-owned utilities. 187 The terms and conditions associated with the access and use of 188 utility poles must be consistent with 47 U.S.C. s. 224, the 189 Communications Act of 1934, as amended, and the regulations of 190 the Federal Communications Commission as those regulations 191 existed on July 1, 2021, except as authorized by this section 192 and agreed to by the parties. 193 (2) As used in this section, the term: 194 (a) “Attachment” means a wire or cable affixed to a utility 195 pole or structure in the communications space or in a duct, 196 conduit, or right-of-way owned or controlled by a municipal 197 electric utility. 198 (b) “Broadband provider” means a person who provides fixed, 199 terrestrial broadband service. The term includes a person who 200 provides or offers additional services to the public in addition 201 to broadband service. 202 (c) “Broadband service” means a service that provides high 203 speed access to the Internet at a rate of at least 25 megabits 204 per second in the downstream direction and at least 3 megabits 205 per second in the upstream direction. 206 (d) “Communications space” means the lower usable space on 207 a utility pole which is typically reserved for low-voltage 208 communications equipment. 209 (e) “Complex make-ready work” means transfers and work 210 within the communications space which would be reasonably likely 211 to cause a service outage or facility damage, including work 212 such as splicing of any communication attachment or relocation 213 of existing wireless attachments. The term includes any and all 214 wireless activities, including those involving mobile, fixed, 215 and point-to-point wireless communications and wireless service 216 providers, and any work involving the space above the safety 217 space as defined in the National Electrical Safety Code. 218 (f) “Larger order” means a pole attachment application 219 requesting access to a number of poles greater than the lesser 220 of 300 poles or 0.5 percent of a municipal electric utility’s 221 poles, and up to the lesser of 3,000 poles or 5 percent of the 222 municipal electric utility’s poles. For purposes of determining 223 whether a request is a larger order, a municipal electric 224 utility may treat multiple requests from a single new attacher 225 as one request when the requests are filed within 30 days of one 226 another. 227 (g) “Make-ready work” means engineering or construction 228 activities necessary to make a pole or similar structure 229 available for a new pole attachment or pole attachment 230 modification, including, but not limited to, rearrangement, 231 removal, and replacement of the pole, transfers, and other work 232 incident thereto. 233 (h) “Redundant pole” means a utility pole designated for 234 removal from which the municipal electric utility has removed 235 its facilities and provided written notice to the broadband 236 service provider that the provider needs to remove its 237 facilities. 238 (i) “Simple make-ready work” means work in the 239 communications space to accommodate a new pole attachment on a 240 pole which can be conducted without any reasonable expectation 241 of a: 242 1. Service outage or facility damage; 243 2. Need to splice an existing communications attachment; or 244 3. Need to relocate an existing wireless attachment. 245 (j) “Utility pole” means a pole owned or controlled by a 246 municipal electric utility which is used in whole or in part for 247 electric distribution. 248 (3) To promote the deployment of broadband service to all 249 residents, each municipal electric utility shall: 250 (a) Charge just, reasonable, and nondiscriminatory rates 251 for access to any utility pole it owns or operates which do not 252 discriminate between or among such providers and any other 253 attaching entity, including any entity affiliated with the 254 municipal electric utility, regardless of the services 255 furnished. Except as provided in subsection (4), such rates may 256 not exceed the rate calculated consistent with 47 U.S.C. 224(d) 257 and any Federal Communications Commission regulations and 258 decisions adopted thereunder as such regulations and decisions 259 existed on July 1, 2021. 260 (b) Maintain and make available to a broadband provider all 261 records necessary to calculate the rate it charges to the 262 provider in accordance with paragraph (a). 263 (c) Provide broadband providers with access to any utility 264 pole it owns or operates and adopt just, reasonable, and 265 nondiscriminatory terms and conditions for such access 266 consistent with the requirements applicable to investor-owned 267 utilities under 47 U.S.C. s. 224 and any Federal Communications 268 Commission regulations and decisions adopted thereunder, as such 269 regulations and decisions existed on July 1, 2021, except as 270 otherwise provided in this section and agreed to by the parties. 271 Notwithstanding the foregoing: 272 1. If necessary to accommodate a broadband provider’s new 273 attachment, the municipal electric utility shall rearrange, 274 expand, replace, or otherwise safely reengineer any utility pole 275 upon the request of the broadband provider. 276 2. If the municipal electric utility is required to replace 277 a utility pole pursuant to subparagraph 1., the municipal 278 electric utility may require a broadband provider to reimburse 279 reasonable costs attributable solely to the new attachment. 280 Broadband providers may not be required to pay for the cost of 281 utility betterment or for costs attributable to preexisting 282 noncompliance. 283 (4) A municipal electric utility may require a broadband 284 provider to enter into a pole attachment agreement to attach to 285 a utility pole the municipal electric utility owns or operates, 286 and the parties shall negotiate such agreements in good faith. 287 (a) Broadband providers and municipal electric utilities 288 shall negotiate in good faith to adopt pole attachment 289 agreements consistent with this section or to amend existing 290 agreements to ensure that attachments installed after July 1, 291 2021, are performed consistent with the terms of this section. 292 The parties must negotiate in good faith for at least 60 days 293 after receipt of a written request, after which either party may 294 petition the circuit court to determine rates, terms, and 295 conditions for the agreements consistent with this section. 296 (b) A municipal utility may not require a broadband 297 provider to comply with any utility pole attachment 298 specifications except as provided in this section. 299 1. A municipal electric utility may adopt publicly 300 available, reasonable, and nondiscriminatory safety and 301 engineering standards for the protection of public health, 302 safety, or welfare applicable to attachments to the municipal 303 electric utility’s poles. 304 2. Safety and engineering standards adopted pursuant to 305 this section may not exceed the specifications in the National 306 Electrical Safety Code, applicable fire safety codes, or any 307 building code or publicly available, reasonable, and 308 nondiscriminatory municipal electric utility safety and 309 engineering standards for the protection of public health, 310 safety, or welfare adopted before the broadband provider filed a 311 utility pole attachment application. 312 (5) If a broadband provider does not request to use one 313 touch, make-ready procedures pursuant to subsection (6), or if 314 such procedures are unavailable due to the nature of the make 315 ready work required to accommodate a broadband provider’s 316 attachment, a municipal electric utility and broadband provider 317 shall conduct the pole access process as provided under this 318 subsection. 319 (a) An application is deemed complete if the municipal 320 electric utility does not respond within 10 business days or if 321 the response does not specify any reasons why the application is 322 incomplete. Preconstruction surveys and engineering must be 323 completed within 45 days or within 60 days for larger orders. 324 (b) If a municipal electric utility grants a pole 325 attachment application that requires make-ready work, the 326 municipal electric utility shall identify any make-ready work 327 necessary to accommodate the proposed pole attachment, on a 328 pole-by-pole basis if requested, along with a cost estimate, 329 within 15 days after the date of approval of the pole attachment 330 application. A municipal electric utility may withdraw an 331 outstanding estimate beginning 15 days after the estimate is 332 presented except that such time must be tolled during any good 333 faith negotiation concerning the estimate cost or timing. 334 (c) Upon receipt of payment of the estimate, a municipal 335 electric utility shall immediately notify in writing all known 336 entities with existing attachments which may be affected by the 337 make-ready work. 338 (d)1. Except as provided in paragraph (e), make-ready work 339 must be commenced within 20 business days after the date the 340 applicant made payment for the make-ready work estimate, and 341 must be completed in a timely manner, at a reasonable cost, and 342 as reasonably practicable, but not later than: 343 a. For applications requesting attachment to the lesser of 344 300 poles or 0.5 percent of the electric utility’s poles in any 345 30-day period, 30 days or 90 days for attachments above the 346 communications space. 347 b. For larger orders, 75 days or 105 days for attachments 348 above the safety space. 349 2. If an application seeks attachment to a number of poles 350 exceeding a larger order, the parties shall negotiate a 351 reasonable timeframe for completion of the make-ready work 352 covered by the application. 353 (e) A municipal electric utility may deviate from the 354 timelines set forth in paragraph (d) if the parties otherwise 355 agree in their pole attachment agreement, or for good and 356 sufficient cause that renders it infeasible to complete the 357 make-ready work within the time limits set forth in this 358 section, including incidents of natural disasters and 359 emergencies. 360 (f) If a municipal electric utility or any existing 361 attachers fail to complete a survey necessary to the review of 362 an application or to complete make-ready work within the times 363 specified in this section, a broadband provider may hire a 364 contractor to perform such survey or make-ready work. 365 (g) A new attacher shall provide the affected municipal 366 electric utility and existing attachers with advance notice of 367 not less than 5 days of the impending make-ready work and within 368 15 days after completion of make-ready work on a particular 369 pole. The municipal electric utility and affected existing 370 attachers shall inspect the make-ready work within 90 days after 371 receipt of notice. 372 (h) The new attacher shall notify an affected utility or 373 existing attacher immediately if make-ready work damages the 374 equipment of a utility or an existing attacher or causes an 375 outage that is reasonably likely to interrupt the service of a 376 utility or an existing attacher. Upon notice or discovery of 377 damage or noncompliance caused by the new attacher, the utility 378 or existing attacher may either: 379 1. Complete any necessary remedial work and bill the new 380 attacher for the reasonable costs related to fixing the damage; 381 or 382 2. Require the new attacher to fix the damage at its 383 expense immediately following notice from the utility or 384 existing attacher. 385 (6) A broadband provider seeking a new pole attachment may 386 elect to invoke the Florida one-touch, make-ready (FOTMR) 387 process pursuant to this subsection. 388 (a) Any FOTMR pole attachment application must identify the 389 make-ready work to be performed and must state that the make 390 ready work required for every utility pole in the application 391 does not require anything more than simple make-ready work. It 392 is the responsibility of the broadband provider to ensure that 393 the make-ready work requested in an attachment application is 394 simple make-ready work and not complex make-ready work. 395 (b) A municipal electric utility shall review a new FOTMR 396 pole attachment application for completeness. An application is 397 deemed complete if the municipal electric utility does not 398 respond within 10 business days after receipt of the application 399 or if the response does not specify any reasons why the 400 application is incomplete. 401 (c) A municipal electric utility shall review a completed 402 application requesting FOTMR and respond to the applicant either 403 granting or denying an application within 15 days after the 404 municipal electric utility’s receipt of a complete application 405 or 30 days after for a larger order. 406 (d) The municipal electric utility or an existing attacher 407 may object in writing to the applicant’s designation that 408 certain aspects of the work required is simple make-ready work. 409 If the municipal electric utility or existing attacher 410 reasonably objects, then the work is deemed complex make-ready 411 work and the FOTMR process is not available to the broadband 412 provider and the application must be processed under the 413 standard make-ready provisions. 414 (e) The new attacher is responsible for coordinating all 415 surveys as part of the FOTMR process and shall use a qualified 416 contractor as set forth in this section. The new attacher shall 417 make commercially reasonable efforts to provide at least 3 418 business days advance notice to the municipal electric utility 419 and existing attachers to allow them to be present for any 420 surveys performed in advance of the FOTMR application. 421 (f) If the new attacher’s application is approved and if it 422 has provided 15 days prior written notice of the date, time and 423 nature of the make-ready work to the affected municipal electric 424 utility and existing attaching entities, the new attacher may 425 proceed with the make-ready work using a qualified contractor. 426 (g) The new attacher shall notify any affected municipal 427 electric utility or existing attaching entity immediately if the 428 make-ready work performed damages any equipment or facilities of 429 the municipal electric utility or of an existing attaching 430 entity. Upon receiving notice from the applicant, the municipal 431 electric utility or existing attaching entity may each make the 432 decision to: 433 1. Complete any necessary remedial work and bill the 434 applicant for the actual costs incurred related to fixing the 435 damage or outage; or 436 2. Require the applicant to fix the damage or outage at its 437 expense immediately following the notice from the municipal 438 electric utility or any existing attacher. 439 (h) The new attacher shall notify the municipal electric 440 utility and existing attachers within 15 days after the make 441 ready work is completed on a particular pole, and the municipal 442 electric utility and existing attachers shall have 90 days after 443 receipt of the notice to inspect the make-ready work at the new 444 attacher’s cost. The municipal electric utility and existing 445 attaching entities may complete any necessary remedial work and 446 bill the applicant for the actual cost incurred or require the 447 applicant the fix the damage or code violations at its expense 448 within 14 days after notice from the pole owner or existing 449 attaching entity. 450 (7)(a) A municipal electric utility may make periodic 451 inspections of a broadband provider’s attachments, using its own 452 employees or contractors, and such broadband provider shall 453 reimburse the municipal electric utility for the actual and 454 reasonable expense of such inspections, but only for the costs 455 of inspecting the poles on which the broadband provider is found 456 to be in violation of the National Electrical Safety Code or 457 publicly available, reasonable, and nondiscriminatory municipal 458 electric utility safety and engineering standards for the 459 protection of public health, safety, or welfare permitted by 460 this section. 461 (b) No more frequently than once every 5 years, a municipal 462 electric utility may conduct an audit of a broadband provider’s 463 attachments, with the reasonable cost of the audit of the 464 broadband provider’s attachments to be borne by the broadband 465 provider. If the results of the pole audit show attachments to 466 poles by the broadband service provider not previously 467 authorized by the municipal electric utility, such poles must be 468 added to the next annual rent invoice and the municipal electric 469 utility may require the broadband service provider to pay up to 470 5 years’ back rent for attachments to all such poles not 471 previously authorized as required by the agreement in effect at 472 the time of the attachment. 473 (c) The municipal electric utility shall give a broadband 474 provider reasonable advance written notice of such audits or 475 inspections, except in those instances where safety 476 considerations justify the need for such inspection without the 477 delay of waiting until written notice has been received. 478 (8) If a municipal electric utility pole owner and any 479 attacher cannot reach an agreement or have a dispute related to 480 facilities attached to a redundant pole: 481 (a) A broadband service provider must remove its pole 482 attachments from a redundant pole within 120 calendar days after 483 receipt of written or electronic notice consistent with industry 484 standards from the pole owner requesting such removal which 485 notice includes the pole number, physical address, and GIS 486 coordinates of such pole. 487 (b) If a broadband service provider fails to remove a pole 488 attachment pursuant to paragraph (a), except to the extent 489 excused by an event of force majeure or other good cause, the 490 pole owner or its agent may transfer or relocate the pole 491 attachment to a new pole at the noncompliant attaching entity’s 492 expense or, if no new pole exists because the municipal electric 493 utility has relocated its facilities underground, remove the 494 pole attachment and store the attached facility for 60 days. 495 (c) The broadband service provider shall indemnify, defend, 496 and hold harmless the pole owner and its directors, officers, 497 agents, and employees from and against all liability for direct 498 damage and personal injury caused by the removal, transfer, 499 sale, or disposal of the pole attachments from a redundant pole 500 by the pole owner except to the extent of the municipal electric 501 utility’s negligence or willful misconduct. 502 (9) Municipal electric utilities may not charge additional 503 rent or require prior approval or applications for a broadband 504 provider that overlashes its existing wires on a pole. Municipal 505 electric utilities may require up to 15 days’ advance notice of 506 planned overlashing. A party that engages in overlashing is 507 responsible for its own equipment and shall ensure that it 508 complies with National Electrical Safety Code and publicly 509 available, reasonable, and nondiscriminatory municipal electric 510 utility safety and engineering standards for the protection of 511 public health, safety, or welfare permitted by this section. 512 (10) Municipal electric utilities and broadband providers 513 are responsible for their own costs related to utility poles and 514 attachments, except as specifically provided herein. Any costs 515 billed in connection with pole attachments must be commercially 516 reasonable and nondiscriminatory, and must include sufficient 517 detail to enable the billed party to verify the accuracy and 518 reasonableness of the costs. A municipal electric utility that 519 provides broadband shall impute to itself the costs of providing 520 such services, and charge any affiliate, subsidiary, or 521 associate company engaged in the provision of such services, an 522 equal amount to the pole attachment rate for which such company 523 would be liable under this section. 524 (11) A municipal electric utility or broadband provider may 525 seek any available remedies at law or equity for violations of 526 this section. In all cases involving this section, and to the 527 extent not otherwise provided by this section, the court shall 528 give effect to the provisions and intent of 47 U.S.C. s. 224 and 529 any Federal Communications Commission rules, regulations, or 530 decisions adopted thereunder, as such existed on July 1, 2021, 531 or as authorized by this section. 532 Section 4. (1) The Department of Revenue is authorized, and 533 all conditions are deemed met, to adopt emergency rules pursuant 534 to s. 120.54(4), Florida Statutes, for the purpose of 535 administering this act. 536 (2) Notwithstanding any other law, emergency rules adopted 537 pursuant to subsection (1) are effective for 6 months after 538 adoption and may be renewed during the pendency of procedures to 539 adopt permanent rules addressing the subject of the emergency 540 rules. 541 (3) This section shall take effect upon this act becoming a 542 law and expires July 1, 2022. 543 Section 5. This act shall take effect July 1, 2021.