Bill Amendment: FL S0626 | 2023 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Broadband Internet Service Providers
Status: 2023-04-26 - Laid on Table, companion bill(s) passed, see CS/HB 1221 (Ch. 2023-199) [S0626 Detail]
Download: Florida-2023-S0626-Senate_Committee_Amendment_658814.html
Bill Title: Broadband Internet Service Providers
Status: 2023-04-26 - Laid on Table, companion bill(s) passed, see CS/HB 1221 (Ch. 2023-199) [S0626 Detail]
Download: Florida-2023-S0626-Senate_Committee_Amendment_658814.html
Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. SB 626 Ì658814:Î658814 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Regulated Industries (DiCeglie) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 364.391, Florida Statutes, is created to 6 read: 7 364.391 Rural electric cooperatives engaged in the 8 provision of broadband.— 9 (1) As used in this section, the term: 10 (a) “Affiliate” means an entity related through a parent 11 cooperative’s controlling interest. The term includes a 12 subsidiary or any other entity under common control with the 13 cooperative. 14 (b) “Cooperative” means a rural electric cooperative 15 established pursuant to chapter 425. 16 (c) “Engages in the provision of broadband” means an entity 17 that: 18 1. Provides broadband service directly, through an 19 affiliate, or pursuant to an agreement with a third party; or 20 2. Accepts broadband grant funding pursuant to s. 288.9962 21 or from any other federal or state program offering grants to 22 expand broadband Internet service to unserved areas of this 23 state. 24 (2) If a cooperative engages in the provision of broadband: 25 (a) All poles owned by the cooperative are subject to 26 regulation under s. 366.04(8) on the same basis as if such 27 cooperative were a public utility under that subsection; and 28 (b) The commission may access the books and records of such 29 cooperative to the limited extent necessary to perform its 30 functions and to exercise its authority under ss. 366.04(8) and 31 366.97(4). Upon request of the cooperative, any records the 32 commission receives under this paragraph which are proprietary 33 confidential business information under s. 364.183 or s. 366.093 34 shall retain their status as confidential or exempt from 35 disclosure under s. 119.07(1) and s. 24(a), Art. I of the State 36 Constitution. 37 (3) This section may not be construed to impair the 38 contract rights of a party to a valid pole attachment agreement 39 in existence before July 1, 2023. 40 Section 2. Section 425.04, Florida Statutes, is amended to 41 read: 42 425.04 Powers.—A cooperative shall have all of the 43 following powerspower: 44 (1) To sue and be sued, in its corporate name.;45 (2) To have perpetual existence.;46 (3) To adopt a corporate seal and alter the same at 47 pleasure.;48 (4) To generate, manufacture, purchase, acquire, accumulate 49 and transmit electric energy, and to distribute, sell, supply, 50 and dispose of electric energy in rural areas to its members, to 51 governmental agencies and political subdivisions, and to other 52 persons not in excess of 10 percent of the number of its 53 members; to process, treat, sell, and dispose of water and water 54 rights; to purchase, construct, own and operate water systems; 55 to own and operate sanitary sewer systems; and to supply water 56 and sanitary sewer services. However, anocooperative may not 57shalldistribute or sell any electricity,or electric energy to 58 any person residing within any town, city, or area in which the 59 person is receiving adequate central station service or who at 60 the time of commencing such service, or offer to serve, by a 61 cooperative, is receiving adequate central station service from 62 any utility agency, privately or municipally owned individual 63 partnership, or corporation.;64 (5) To make loans to persons to whom electric energy is or 65 will be supplied by the cooperative for the purpose of, and 66 otherwise to assist such person in, wiring their premises and 67 installing therein electric and plumbing fixtures, appliances, 68 apparatus and equipment of any and all kinds and character, and 69 in connection therewith, to purchase, acquire, lease, sell, 70 distribute, install and repair such electric and plumbing 71 fixtures, appliances, apparatus and equipment, and to accept or 72 otherwise acquire, and to sell, assign, transfer, endorse, 73 pledge, hypothecate and otherwise dispose of notes, bonds and 74 other evidences of indebtedness and any and all types of 75 security therefor.;76 (6) To make loans to persons to whom electric energy is or 77 will be supplied by the cooperative for the purpose of, and 78 otherwise to assist such persons in, constructing, maintaining 79 and operating electric refrigeration plants.;80 (7) To become a member in one or more other cooperatives or 81 corporations or to own stock therein.;82 (8) To construct, purchase, take, receive, lease as lessee, 83 or otherwise acquire, and to own, hold, use, equip, maintain, 84 and operate, and to sell, assign, transfer, convey, exchange, 85 lease as lessor, mortgage, pledge, or otherwise dispose of or 86 encumber, electric transmission and distribution lines or 87 systems, electric generating plants, electric refrigeration 88 plants, lands, buildings, structures, dams, plants and 89 equipment, and any and all kinds and classes of real or personal 90 property whatsoever, which shall be deemed necessary, convenient 91 or appropriate to accomplish the purpose for which the 92 cooperative is organized.;93 (9) To purchase or otherwise acquire; to own, hold, use and 94 exercise; and to sell, assign, transfer, convey, mortgage, 95 pledge, hypothecate, or otherwise dispose of or encumber, 96 franchises, rights, privileges, licenses, rights-of-way and 97 easement.;98 (10) To borrow money and otherwise contract indebtedness; 99 to issue notes, bonds, and other evidences of indebtedness 100 therefor; and to secure the payment thereof by mortgage, pledge, 101 deed of trust, or any other encumbrance upon any or all of its 102 then owned or after-acquired real or personal property, assets, 103 franchises, revenues or income.;104 (11) To construct, maintain, and operate electric 105 transmission and distribution lines along, upon, under and 106 across all public thoroughfares, including without limitation, 107 all roads, highways, streets, alleys, bridges and causeways, and 108 upon, under and across all publicly owned lands, subject, 109 however, to the requirements in respect of the use of such 110 thoroughfares and lands that are imposed by the respective 111 authorities having jurisdiction thereof upon corporations 112 constructing or operating electric transmission and distribution 113 lines or systems.;114 (12) To exercise the power of eminent domain in the manner 115 provided by the laws of this state for the exercise of that 116 power by corporations constructing or operating electric 117 transmission and distribution lines or systems.;118 (13) To engage in the provision of broadband pursuant to s. 119 364.391. 120 (14) To conduct its business and exercise any or all of its 121 powers within or without this state.;122 (15)(14)To adopt, amend, and repeal bylaws.; and123 (16)(15)To do and perform any and all other acts and 124 things, and to have and exercise any and all other powers which 125 may be necessary, convenient or appropriate to accomplish the 126 purpose for which the cooperative is organized. 127 (17) To promote economic development by providing, an128electric cooperative may provideany energy or nonenergy 129 services to its membership. 130 Section 3. This act shall take effect July 1, 2023. 131 132 ================= T I T L E A M E N D M E N T ================ 133 And the title is amended as follows: 134 Delete everything before the enacting clause 135 and insert: 136 A bill to be entitled 137 An act relating to broadband Internet service 138 providers; creating s. 364.391, F.S.; defining terms; 139 specifying that the poles of rural electric 140 cooperatives that are engaged in the provision of 141 broadband are subject to regulation by the Public 142 Service Commission; authorizing the commission to 143 access the books and records of such cooperatives for 144 specified purposes; providing that such information 145 that contains proprietary confidential business 146 information retains its confidential or exempt status 147 when held by the commission; providing construction; 148 amending s. 425.04, F.S.; authorizing rural electric 149 cooperatives to engage in the provision of broadband; 150 providing an effective date.