Florida Senate - 2022                      CS for CS for SB 1802
       By the Committees on Appropriations; and Commerce and Tourism;
       and Senator Boyd
       576-03565-22                                          20221802c2
    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 contingent effective date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. Section 288.9965, Florida Statutes, is created
   20  to read:
   21         288.9965Broadband 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; funds transferred by
   29  the department; interest earnings; and grants, gifts, and other
   30  contributions made directly to the trust fund. Any funds in the
   31  trust fund appropriated from federal funds must be used in a
   32  manner consistent with federal conditions or regulations, as
   33  applicable, and with any grant agreement entered into by the
   34  department with the federal agency for use of the funds.
   35         (2)Notwithstanding s. 216.301 and pursuant to s. 216.351,
   36  any balance in the trust fund at the end of any fiscal year
   37  shall remain in the trust fund at the end of the year and shall
   38  be available for carrying out the purposes of the trust fund.
   39         (3)In accordance with s. 19(f)(2), Art. III of the State
   40  Constitution, unless terminated sooner, the Broadband Pole
   41  Replacement Trust Fund shall be terminated July 1, 2026. Before
   42  its scheduled termination, the trust fund shall be reviewed as
   43  provided in s. 215.3206(1) and (2).
   44         Section 2. This act shall take effect on the same date that
   45  SB 1800 or similar legislation takes effect, if such legislation
   46  is adopted in the same legislative session or an extension
   47  thereof and becomes a law.