Florida Senate - 2022                             CS for SB 1802
       
       
        
       By the Committee on Commerce and Tourism; and Senator Boyd
       
       
       
       
       
       577-02254-22                                          20221802c1
    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 1800 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.