Florida Senate - 2022 SB 1802 By Senator Boyd 21-01529B-22 20221802__ 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 funds in the 8 trust fund be used in a manner consistent with federal 9 law; providing that the balance in the trust fund at 10 the end of a fiscal year remains in the trust fund and 11 is available for carrying out the purposes of the 12 trust fund; providing for future legislative review 13 and termination or re-creation of the trust fund; 14 providing a directive to the Division of Law Revision; 15 providing a contingent effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 288.9965, Florida Statutes, is created 20 to read: 21 288.9965 Broadband Pole Replacement Trust Fund.— 22 (1) The Broadband Pole Replacement Trust Fund is created 23 within the Department of Economic Opportunity for the purpose of 24 providing reimbursements to qualified applicants under the 25 Broadband Pole Replacement Program pursuant to s. 288.9964 and 26 for use by the Florida Office of Broadband in the administration 27 of that program. Moneys credited to the trust fund shall consist 28 of funds appropriated by the Legislature; federal funds received 29 from the Coronavirus Capital Projects Fund for the Broadband 30 Pole Replacement Program; funds transferred by the department; 31 interest earnings; and grants, gifts, and other contributions 32 made directly to the trust fund. Funds in the trust fund must be 33 used in a manner consistent with federal law. 34 (2) Notwithstanding s. 216.301 and pursuant to s. 216.351, 35 any balance in the trust fund at the end of any fiscal year 36 shall remain in the trust fund at the end of the year and shall 37 be available for carrying out the purposes of the trust fund. 38 (3) In accordance with s. 19(f)(2), Art. III of the State 39 Constitution, unless terminated sooner, the Broadband Pole 40 Replacement Trust Fund shall be terminated 4 years after the 41 effective date of this act. Before its scheduled termination, 42 the trust fund shall be reviewed as provided in s. 215.3206(1) 43 and (2). 44 Section 2. The Division of Law Revision is directed to 45 replace the phrase “4 years after the effective date of this 46 act” where it occurs in this act with the date the trust fund 47 will terminate. 48 Section 3. This act shall take effect on the same date that 49 SB ___ or similar legislation takes effect, if such legislation 50 is adopted in the same legislative session or an extension 51 thereof and becomes a law.