Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 2004
       
       
       
       
       
       
                                Ì547780;Î547780                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Appropriations (Burgess) recommended the
       following:
       
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Part XV of chapter 288, Florida Statutes,
    6  consisting of sections 288.9960, 288.9961, and 288.9962 is
    7  created and entitled “Florida Office of Broadband.”
    8         Section 2. Section 288.9960, Florida Statutes, is created
    9  to read:
   10         288.9960 Promotion of broadband adoption; definitions.—
   11         (1) LEGISLATIVE FINDINGS.—The Legislature finds that the
   12  sustainable adoption of broadband Internet service is critical
   13  to the economic and business development of this state, is
   14  essential for all residents of this state, and is beneficial for
   15  libraries, schools, colleges and universities, health care
   16  providers, and community organizations.
   17         (2) DEFINITIONS.—As used in this part section, the term:
   18         (a) “Department” means the Department of Economic
   19  Opportunity.
   20         (b) “Office” means the Florida Office of Broadband.
   21         (c) “Sustainable adoption” means the ability for
   22  communications service providers to offer broadband Internet
   23  services in all areas of this state by encouraging adoption and
   24  utilization levels that allow for these services to be offered
   25  in the free market absent the need for governmental subsidy.
   26         (d) “Underserved” means a geographic area of this state in
   27  which there is no provider of broadband Internet service that
   28  offers a connection to the Internet with a capacity for
   29  transmission at a consistent speed of at least 100 10 megabits
   30  per second downstream and at least 10 megabits 1 megabit per
   31  second upstream.
   32         (e) “Unserved” means a geographic area of this state in
   33  which there is no provider of broadband Internet service that
   34  offers a connection to the Internet with a capacity for
   35  transmission at a consistent speed of at least 25 megabits per
   36  second downstream and at least 3 megabits per second upstream.
   37         Section 3. Section 364.0135, Florida Statutes, is
   38  transferred, renumbered as section 288.9961, Florida Statutes,
   39  and amended to read:
   40         288.9961 364.0135Promotion of broadband adoption; Florida
   41  Office of Broadband.—
   42         (1) LEGISLATIVE FINDINGS.—The Legislature finds that the
   43  sustainable adoption of broadband Internet service is critical
   44  to the economic and business development of the state and is
   45  beneficial for libraries, schools, colleges and universities,
   46  health care providers, and community organizations.
   47         (2) DEFINITIONS.—As used in this section, the term:
   48         (a) “Department” means the Department of Economic
   49  Opportunity.
   50         (b) “Office” means the Florida Office of Broadband.
   51         (c) “Sustainable adoption” means the ability for
   52  communications service providers to offer broadband services in
   53  all areas of the state by encouraging adoption and utilization
   54  levels that allow for these services to be offered in the free
   55  market absent the need for governmental subsidy.
   56         (d) “Underserved” means a geographic area of the state in
   57  which there is no provider of broadband Internet service that
   58  offers a connection to the Internet with a capacity for
   59  transmission at a consistent speed of at least 10 megabits per
   60  second downstream and at least 1 megabit per second upstream.
   61         (1)(3) STATE AGENCY.—The department is designated as the
   62  lead state agency to facilitate the expansion of broadband
   63  Internet service in this the state. The department shall work
   64  collaboratively with private businesses and receive staffing
   65  support and other resources from Enterprise Florida, Inc., state
   66  agencies, local governments, and community organizations.
   67         (2)(4) FLORIDA OFFICE OF BROADBAND.—The Florida Office of
   68  Broadband is created within the Division of Community
   69  Development in the department for the purpose of developing,
   70  marketing, and promoting broadband Internet services in this the
   71  state. The office, in the performance of its duties, shall do
   72  all of the following:
   73         (a) Create a strategic plan that has short-term and long
   74  term goals and strategies for increasing and improving the
   75  availability of and access to use of broadband Internet service
   76  in this the state. In development of the plan, the department
   77  shall incorporate applicable federal broadband activities,
   78  including any efforts or initiatives of the Federal
   79  Communications Commission, to improve broadband Internet service
   80  in this state. The plan must include a process to review and
   81  verify public input regarding transmission speeds and
   82  availability of broadband Internet service throughout the state.
   83  The plan must also identify available federal funding sources
   84  for the expansion or improvement of broadband. The strategic
   85  plan must be submitted to the Governor, the Chief Justice of the
   86  Supreme Court, the President of the Senate, and the Speaker of
   87  the House of Representatives by June 30, 2022. The strategic
   88  plan must be updated biennially thereafter.
   89         (b) Build and facilitate local technology planning teams or
   90  partnerships with members representing cross-sections of the
   91  community, which may include, but are not limited to,
   92  representatives from the following organizations and industries:
   93  libraries, K-12 education, colleges and universities, local
   94  health care providers, private businesses, community
   95  organizations, economic development organizations, local
   96  governments, tourism, parks and recreation, and agriculture.
   97         (c)Provide technical and planning assistance related to
   98  broadband infrastructure to rural communities.
   99         (d)(c) Encourage the use of broadband Internet service,
  100  especially in the rural, unserved, or underserved communities of
  101  this the state through grant programs having effective
  102  strategies to facilitate the statewide deployment of broadband
  103  Internet service. For any grants to be awarded, priority must be
  104  given to projects that:
  105         1. Provide access to broadband education, awareness,
  106  training, access, equipment, and support to libraries, schools,
  107  colleges and universities, health care providers, and community
  108  support organizations.
  109         2. Encourage the sustainable adoption of broadband Internet
  110  service in primarily underserved areas by removing barriers to
  111  entry.
  112         3. Work toward encouraging investments in establishing
  113  affordable and sustainable broadband Internet service in
  114  underserved areas of this the state.
  115         4. Facilitate the development of applications, programs,
  116  and services, including, but not limited to, telework,
  117  telemedicine, and e-learning to increase the usage of, and
  118  demand for, broadband Internet service in this the state.
  119         (e)(d) Monitor, participate in, and provide input in
  120  proceedings of the Federal Communications Commission and other
  121  federal agencies related to the geographic availability and
  122  deployment of broadband Internet service in this the state as
  123  necessary to ensure that this information is accurately
  124  presented and that rural, unserved, and underserved areas of the
  125  state are best positioned to benefit from federal and state
  126  broadband deployment programs.
  127         (e)Administer the Broadband Opportunity Program
  128  established in s. 288.9962.
  129         (3)(5) ADMINISTRATION.—The department may:
  130         (a) Apply for and accept federal funds for purposes of this
  131  section.
  132         (b) Enter into contracts necessary or useful to carry out
  133  the purposes of this section.
  134         (c) Establish any committee or workgroup to administer and
  135  carry out the purposes of this section.
  136         (d)Adopt rules to implement this part.
  137         Section 3. Section 288.9962, Florida Statutes, is created
  138  to read:
  139         288.9962Broadband Opportunity Program.—
  140         (1)The Broadband Opportunity Program is established within
  141  the office to award grants to applicants who seek to expand
  142  broadband Internet service to unserved areas of this state. The
  143  office must administer and act as fiscal agent for the program
  144  and is responsible for receiving and reviewing applications and
  145  awarding grants. Funding for the program shall be subject to
  146  appropriation.
  147         (2)(a)Grants awarded under this section shall fund the
  148  installation or deployment of infrastructure that supports the
  149  provision of broadband Internet service that provides access to
  150  the Internet at a consistent speed of at least 25 megabits per
  151  second download and 3 megabits per second upload. State funds
  152  may not be used to install or deploy broadband Internet service
  153  to a geographic area in which broadband Internet service is
  154  already deployed by at least one provider.
  155         (b)For purposes of this section, “deployed” means that a
  156  provider meets either of the following:
  157         1.Currently provides broadband Internet service in a
  158  specific geographic area with access to the Internet at a
  159  consistent speed of at least 25 megabits per second download and
  160  3 megabits per second upload; or
  161         2.Is able to provide broadband Internet service in a
  162  specific geographic area with such access to a customer that
  163  requests that service not later than 30 days after the customer
  164  requests installation of that service and without an
  165  extraordinary commitment of resources or construction charges or
  166  fees exceeding an ordinary service activation fee. The 30-day
  167  time period shall be extended to 60 days if permits are needed
  168  before the broadband Internet service is installed and
  169  activated.
  170         (3)Applicants eligible for grant awards include:
  171         (a)Corporations, limited liability companies, general
  172  partnerships, and limited partnerships that are organized under
  173  the laws of this state or otherwise authorized to transact
  174  business in this state.
  175         (b)Indian tribes.
  176         (4)The office may not award, directly or indirectly,
  177  grants under this section to a governmental entity, a rural
  178  electric cooperative or its broadband affiliate, or an
  179  educational institution or affiliate to provide broadband
  180  Internet service to any residential or commercial premises,
  181  unless other broadband Internet service providers have not
  182  deployed service to an unserved area.
  183         (5)An eligible applicant shall submit a grant application
  184  to the office on a form prescribed by the office. A grant
  185  application must include the following information:
  186         (a)A description of the project area.
  187         (b)A description of the kind and amount of broadband
  188  Internet service infrastructure that is proposed.
  189         (c)Evidence demonstrating the unserved nature of the
  190  project area.
  191         (d)The number of households and businesses that would have
  192  access to broadband Internet service as a result of the grant.
  193         (e)A list of significant community institutions that would
  194  benefit from the grant.
  195         (f)The total cost of the project and the timeframe in
  196  which it would be completed.
  197         (g)A list identifying sources of funding or in-kind
  198  contributions that would supplement any awarded grant.
  199         (h)Any other information required by the office.
  200         (6)(a)At least 30 days before the first day grant
  201  applications may be submitted each fiscal year, the office shall
  202  publish on its website the specific criteria and quantitative
  203  scoring system it will use to evaluate or rank grant
  204  applications. Such criteria and quantitative scoring system must
  205  include the criteria set forth in subsection (8).
  206         (7)(a)Within 3 business days after the close of the grant
  207  application process, the office shall publish on its website,
  208  from each grant application submitted, the proposed unserved
  209  areas to be served and the proposed broadband Internet speeds of
  210  the areas to be served.
  211         (b)A broadband Internet service provider that provides
  212  existing service in or adjacent to a proposed project area or a
  213  broadband Internet service provider that has been designated to
  214  receive a federal broadband award in this state may submit to
  215  the office, within 45 days after publication of the information
  216  under paragraph (a), a written challenge to an application. The
  217  challenge must contain information demonstrating that:
  218         1.The provider currently has deployed broadband Internet
  219  service to retail customers within the project area;
  220         2.The provider has begun construction to provide broadband
  221  Internet service to retail customers within the proposed project
  222  area within the timeframe proposed by the applicant;
  223         3.The provider commits to providing broadband Internet
  224  service to retail customers within the proposed project area
  225  within the timeframe proposed by the applicant; or
  226         4. The provider has been awarded federal funding pursuant
  227  to the Rural Digital Opportunity Fund or other federal program
  228  specifically to support the deployment or expansion of broadband
  229  networks within the proposed project area.
  230         (c)Within 3 business days after the submission of a
  231  written challenge, the office shall notify the applicant, in
  232  writing, of the challenge.
  233         (d)The office shall evaluate each challenge submitted
  234  under this subsection. If the office determines that the
  235  provider currently has deployed, has begun construction to
  236  provide, or commits to provide broadband Internet service in the
  237  proposed project area, the office may not fund the challenged
  238  project.
  239         (e)If the office denies funding to an applicant as a
  240  result of a broadband Internet service provider’s challenge and
  241  the provider does not fulfill its commitment to provide
  242  broadband Internet service in the unserved area, the office may
  243  not consider another challenge from the provider for the next
  244  two grant application cycles, unless the office determines that
  245  the failure to fulfill the commitment was due to circumstances
  246  beyond the provider’s control.
  247         (8)(a)Notwithstanding s. 288.9961(2)(d), in evaluating
  248  grant applications and awarding grants, the office must give
  249  priority to applications that:
  250         1.Offer broadband Internet service to important community
  251  institutions, including, but not limited to, libraries,
  252  educational institutions, public safety facilities, and health
  253  care facilities;
  254         2.Facilitate the use of telemedicine and electronic health
  255  records;
  256         3.Serve economically distressed areas of this state, as
  257  measured by indices of unemployment, poverty, or population loss
  258  that are significantly greater than the statewide average;
  259         4.Provide for scalability to transmission speeds of at
  260  least 100 megabits per second download and 10 megabits per
  261  second upload;
  262         5.Include a component to actively promote the adoption of
  263  the newly available broadband Internet service in the community;
  264         6.Provide evidence of strong support for the project from
  265  residents, government, businesses, and institutions in the
  266  community;
  267         7.Provide access to broadband Internet service to the
  268  greatest number of unserved households and businesses;
  269         8.Leverage greater amounts of funding for a project from
  270  private sources; or
  271         9.Demonstrate consistency with the strategic plan adopted
  272  under s. 288.9961.
  273         (b)The office must endeavor to award grants to qualified
  274  applications serving all regions of this state.
  275         (9)(a)The office may not award any grant to an otherwise
  276  eligible grant applicant to provide broadband Internet service
  277  in a project area for which any other federal funding has been
  278  awarded for a broadband project.
  279         (b)A grant awarded under this section may not be used to
  280  serve any retail end user that already has access to broadband
  281  Internet service.
  282         (c)A grant awarded under this section, when combined with
  283  any state or local funds, may not fund more than 50 percent of
  284  the total cost of a project.
  285         (d)A single project may not be awarded a grant in excess
  286  of $5 million.
  287         (10)For each grant awarded, the office shall enter into an
  288  agreement with the applicant. The agreement must specify the
  289  total amount of the grant, performance conditions that must be
  290  met to obtain the grant, the schedule of payment, and sanctions
  291  that would apply for failure to meet performance conditions,
  292  including, but not limited to, requiring the return of grant
  293  funds.
  294         (11)By October 15, 2022, and each year thereafter, the
  295  office shall publish on its website and include in the
  296  department’s annual report required under s. 20.60 all of the
  297  following information:
  298         (a)A list of all grant applications received during the
  299  previous fiscal year and for each application:
  300         1.The results of any quantitative weighting or scoring
  301  system the office used to award grants or rank the applications.
  302         2.The grant amounts requested.
  303         3.The grant amounts awarded, if any.
  304         4.A report on the progress of each grant recipient in
  305  acquiring and installing infrastructure that supports the
  306  provision of broadband Internet service in the project areas for
  307  which that grant was awarded and in securing adoption of such
  308  service in each project area.
  309         (b)All written challenges filed during the previous fiscal
  310  year and the results of those challenges.
  311         Section 4. This act shall take effect July 1, 2021.
  312  
  313  ================= T I T L E  A M E N D M E N T ================
  314  And the title is amended as follows:
  315         Delete everything before the enacting clause
  316  and insert:
  317                        A bill to be entitled                      
  318         An act relating to broadband Internet deployment;
  319         creating pt. XV of ch. 288, F.S.; relating to the
  320         Florida Office of Broadband; creating s. 288.8862,
  321         F.S.; providing for legislative intent; creating
  322         definitions relating to broadband Internet service;
  323         transferring, renumbering, and amending s. 364.0135,
  324         F.S.; revising duties of the Florida Office of
  325         Broadband; requiring the office’s strategic plan to
  326         include short-term and long-term goals for increasing
  327         the availability of and access to broadband Internet
  328         service in this state; providing requirements for the
  329         development of the plan; requiring the updated plan to
  330         be submitted to the Governor, the Chief Justice of the
  331         Supreme Court, and the Legislature by a specified
  332         date; requiring the plan to be updated biennially;
  333         requiring the office to provide technical and planning
  334         assistance related to broadband infrastructure to
  335         rural communities; providing rulemaking authority;
  336         creating s. 288.9962, F.S.; creating the Broadband
  337         Opportunity Program within the office; providing for
  338         administration of the program; providing requirements
  339         for grant awards; providing eligibility requirements;
  340         providing application requirements; requiring the
  341         publication of certain information related to grant
  342         applications and grant awards on a website;
  343         authorizing grant applications to be challenged under
  344         certain circumstances; specifying contents of a
  345         challenge; providing procedures to be used by the
  346         office in evaluating challenges; providing direction
  347         for prioritizing grant funding; specifying conditions
  348         for the award of grants; requiring that office to
  349         enter into an agreement containing specified
  350         information with each grant recipient; requiring the
  351         office to publish specified information annually on
  352         its website; requiring the office to publish specified
  353         information annually on its website and include the
  354         information in the department’s annual report;
  355         providing an effective date.