Florida Senate - 2022              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1802
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development)
    1                        A bill to be entitled                      
    2         An act relating to the Broadband Pole Replacement
    3         Trust Fund; creating s. 288.9965, F.S.; creating the
    4         trust fund within the Department of Economic
    5         Opportunity; providing the purpose of the trust fund;
    6         providing that moneys credited to the trust fund shall
    7         consist of certain funds; requiring that certain funds
    8         in the trust fund be used in a manner consistent with
    9         federal law or grant agreement for use of the funds;
   10         providing that the balance in the trust fund at the
   11         end of a fiscal year remains in the trust fund and is
   12         available for carrying out the purposes of the trust
   13         fund; providing for future legislative review and
   14         termination or re-creation of the trust fund;
   15         providing a directive to the Division of Law Revision;
   16         providing a contingent effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Section 288.9965, Florida Statutes, is created
   21  to read:
   22         288.9965Broadband Pole Replacement Trust Fund.—
   23         (1)The Broadband Pole Replacement Trust Fund is created
   24  within the Department of Economic Opportunity for the purpose of
   25  providing reimbursements to qualified applicants under the
   26  Broadband Pole Replacement Program pursuant to s. 288.9964 and
   27  for use by the Florida Office of Broadband in the administration
   28  of that program. Moneys credited to the trust fund shall consist
   29  of funds appropriated by the Legislature; funds transferred by
   30  the department; interest earnings; and grants, gifts, and other
   31  contributions made directly to the trust fund. Any funds in the
   32  trust fund appropriated from federal funds must be used in a
   33  manner consistent with federal conditions or regulations, as
   34  applicable, and with any grant agreement entered into by the
   35  department with the federal agency for use of the funds.
   36         (2)Notwithstanding s. 216.301 and pursuant to s. 216.351,
   37  any balance in the trust fund at the end of any fiscal year
   38  shall remain in the trust fund at the end of the year and shall
   39  be available for carrying out the purposes of the trust fund.
   40         (3)In accordance with s. 19(f)(2), Art. III of the State
   41  Constitution, unless terminated sooner, the Broadband Pole
   42  Replacement Trust Fund shall be terminated 4 years after the
   43  effective date of this act. Before its scheduled termination,
   44  the trust fund shall be reviewed as provided in s. 215.3206(1)
   45  and (2).
   46         Section 2. The Division of Law Revision is directed to
   47  replace the phrase “4 years after the effective date of this
   48  act” where it occurs in this act with the date the trust fund
   49  will terminate.
   50         Section 3. This act shall take effect on the same date that
   51  SB 1800 or similar legislation takes effect, if such legislation
   52  is adopted in the same legislative session or an extension
   53  thereof and becomes a law.