Bill Text: FL S0626 | 2023 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Broadband Internet Service Providers
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2023-04-26 - Laid on Table, companion bill(s) passed, see CS/HB 1221 (Ch. 2023-199) [S0626 Detail]
Download: Florida-2023-S0626-Introduced.html
Bill Title: Broadband Internet Service Providers
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2023-04-26 - Laid on Table, companion bill(s) passed, see CS/HB 1221 (Ch. 2023-199) [S0626 Detail]
Download: Florida-2023-S0626-Introduced.html
Florida Senate - 2023 SB 626 By Senator DiCeglie 18-01388-23 2023626__ 1 A bill to be entitled 2 An act relating to rural electric cooperatives; 3 amending s. 425.04, F.S.; authorizing rural electric 4 cooperatives to provide communications services under 5 certain circumstances for the purpose of expanding 6 broadband Internet service to unserved areas of this 7 state; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Section 425.04, Florida Statutes, is amended, to 12 read: 13 425.04 Powers.—A cooperative shall have all of the 14 following powerspower: 15 (1) To sue and be sued, in its corporate name.;16 (2) To have perpetual existence.;17 (3) To adopt a corporate seal and alter the same at 18 pleasure.;19 (4) To generate, manufacture, purchase, acquire, accumulate 20 and transmit electric energy, and to distribute, sell, supply, 21 and dispose of electric energy in rural areas to its members, to 22 governmental agencies and political subdivisions, and to other 23 persons not in excess of 10 percent of the number of its 24 members; to process, treat, sell, and dispose of water and water 25 rights; to purchase, construct, own and operate water systems; 26 to own and operate sanitary sewer systems; and to supply water 27 and sanitary sewer services. However, anocooperative may not 28shalldistribute or sell any electricity, or electric energy to 29 any person residing within any town, city or area in which the 30 person is receiving adequate central station service or who at 31 the time of commencing such service, or offer to serve, by a 32 cooperative, is receiving adequate central station service from 33 any utility agency, privately or municipally owned individual 34 partnership or corporation.;35 (5) To make loans to persons to whom electric energy is or 36 will be supplied by the cooperative for the purpose of, and 37 otherwise to assist such person in, wiring their premises and 38 installing therein electric and plumbing fixtures, appliances, 39 apparatus and equipment of any and all kinds and character, and 40 in connection therewith, to purchase, acquire, lease, sell, 41 distribute, install and repair such electric and plumbing 42 fixtures, appliances, apparatus and equipment, and to accept or 43 otherwise acquire, and to sell, assign, transfer, endorse, 44 pledge, hypothecate and otherwise dispose of notes, bonds and 45 other evidences of indebtedness and any and all types of 46 security therefor.;47 (6) To make loans to persons to whom electric energy is or 48 will be supplied by the cooperative for the purpose of, and 49 otherwise to assist such persons in, constructing, maintaining 50 and operating electric refrigeration plants.;51 (7) To become a member in one or more other cooperatives or 52 corporations or to own stock therein.;53 (8) To construct, purchase, take, receive, lease as lessee, 54 or otherwise acquire, and to own, hold, use, equip, maintain, 55 and operate, and to sell, assign, transfer, convey, exchange, 56 lease as lessor, mortgage, pledge, or otherwise dispose of or 57 encumber, electric transmission and distribution lines or 58 systems, electric generating plants, electric refrigeration 59 plants, lands, buildings, structures, dams, plants and 60 equipment, and any and all kinds and classes of real or personal 61 property whatsoever, which shall be deemed necessary, convenient 62 or appropriate to accomplish the purpose for which the 63 cooperative is organized.;64 (9) To purchase or otherwise acquire; to own, hold, use and 65 exercise; and to sell, assign, transfer, convey, mortgage, 66 pledge, hypothecate, or otherwise dispose of or encumber, 67 franchises, rights, privileges, licenses, rights-of-way and 68 easement.;69 (10) To borrow money and otherwise contract indebtedness; 70 to issue notes, bonds, and other evidences of indebtedness 71 therefor; and to secure the payment thereof by mortgage, pledge, 72 deed of trust, or any other encumbrance upon any or all of its 73 then owned or after-acquired real or personal property, assets, 74 franchises, revenues or income.;75 (11) To construct, maintain, and operate electric 76 transmission and distribution lines along, upon, under and 77 across all public thoroughfares, including without limitation, 78 all roads, highways, streets, alleys, bridges and causeways, and 79 upon, under and across all publicly owned lands, subject, 80 however, to the requirements in respect of the use of such 81 thoroughfares and lands that are imposed by the respective 82 authorities having jurisdiction thereof upon corporations 83 constructing or operating electric transmission and distribution 84 lines or systems.;85 (12) To exercise the power of eminent domain in the manner 86 provided by the laws of this state for the exercise of that 87 power by corporations constructing or operating electric 88 transmission and distribution lines or systems.;89 (13) To provide communications services, as defined in s. 90 350.81(1), notwithstanding any other provision of law, if the 91 cooperative provides broadband service directly or in 92 partnership with a third party or receives broadband grant 93 funding pursuant to s. 288.9962 or from any other federal or 94 state program offering grants to expand broadband Internet 95 service to unserved areas of this state; however, all poles 96 owned by the cooperative are subject to regulation under s. 97 366.04(8) on the same basis as if such cooperative were a public 98 utility. 99 (14) To conduct its business and exercise any or all of its 100 powers within or without this state.;101 (15)(14)To adopt, amend, and repeal bylaws.; and102 (16)(15)To do and perform any and all other acts and 103 things, and to have and exercise any and all other powers which 104 may be necessary, convenient or appropriate to accomplish the 105 purpose for which the cooperative is organized. 106 (17) To promote economic development by providing, an107electric cooperative may provideany energy or nonenergy 108 services to its membership. 109 Section 2. This act shall take effect July 1, 2023.