Bill Text: FL S1242 | 2012 | Regular Session | Comm Sub
Bill Title: Broadband Internet Service
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-09 - Laid on Table, refer to CS/HB 945 -SJ 1188 [S1242 Detail]
Download: Florida-2012-S1242-Comm_Sub.html
Florida Senate - 2012 CS for SB 1242 By the Committee on Budget Subcommittee on Transportation, Tourism, and Economic Development Appropriations; and Senators Hays, Lynn, and Sachs 606-04277-12 20121242c1 1 A bill to be entitled 2 An act relating to broadband Internet service; 3 amending s. 364.0135, F.S.; revising provisions that 4 promote adoption of broadband Internet service; 5 providing for the Department of Economic Opportunity 6 to receive and manage certain federal funds; directing 7 the department to establish a public-private 8 partnership to perform certain functions; authorizing 9 the department to accept certain funds, enter into 10 contracts, and establish committees and workgroups for 11 certain purposes; authorizing the department to adopt 12 rules; removing authority of the Department of 13 Management Services to perform certain functions; 14 providing for a type two transfer of the Broadband 15 Initiative Program from the Department of Management 16 Services to the Department of Economic Opportunity; 17 requiring the Department of Management Services to 18 submit to the United States Department of Commerce a 19 request to transfer its federal broadband grant to the 20 Department of Economic Opportunity; requiring the 21 Department of Management Services to notify the 22 Governor and Legislature of the decision of the United 23 States Department of Commerce; requiring the 24 Department of Management Services, if the request is 25 approved, to submit a budget amendment for approval by 26 the Legislative Budget Commission to transfer from the 27 department to the Department of Economic Opportunity 28 the funds necessary to implement this act; providing 29 effective dates, one of which is contingent. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. Section 364.0135, Florida Statutes, is amended 34 to read: 35 364.0135 Promotion of broadband adoption.— 36 (1) The Legislature finds that the sustainable adoption of 37 broadband Internet service is critical to the economic,and38 business, and community development of the state and is 39 beneficial for libraries, schools, colleges and universities, 40 health care providers, and community organizations. The term 41 “sustainable adoption” means the ability for communications 42 service providers to offer broadband services in all areas of 43 the state by encouraging adoption and utilization levels that 44 allow for these services to be offered in the free market absent 45 the need for governmental subsidy. 46 (2) The Department of Economic Opportunity shall be the 47 state’s single designated entity to receive and manage all 48 federal Department of Commerce State Broadband Initiative funds 49 and shall establish a public-private partnership that will 50Management Services is authorized towork collaboratively with, 51 andtoreceive staffing support and other resources from, 52 Enterprise Florida, Inc., state agencies, local governments, 53 private businesses, nonprofit corporations, and community 54 organizations to: 55 (a) Monitor the adoption of broadband Internet service in 56 collaboration with communications service providers, including, 57 but not limited to, wireless and wireline Internet service 58 providers, to develop geographical information system mapsat59the census tract levelthat will, at a minimum: 60 1. Identify geographic gaps in broadband services, 61 including areas unserved by any broadband provider and areas 62 served by a single broadband provider at the census block level 63 of detail; 64 2. Identify the download and upload transmission speeds 65 made available to businesses and individuals in the state, at 66 the census blocktractlevel of detail, using data rate 67 benchmarks for broadband service used by the Federal 68 Communications Commission to reflect different speed tiers; and 69 3. Provide a baseline assessment of statewide broadband 70 deployment in terms of percentage of households with broadband 71 availability. 72 (b) Create a strategic plan, developed with the use of 73 consumer research into residential and business technology 74 utilization data, whichthathas goals and strategies for 75 increasing the use of broadband Internet service in the state. 76 (c) Build and facilitate local technology planning teams or 77 partnerships with members representing cross-sections of the 78 community, which may include, but are not limited to, 79 representatives from the following organizations and industries: 80 libraries, K-12 education, colleges and universities, local 81 health care providers, private businesses, community 82 organizations, economic development organizations, local 83 governments, tourism, parks and recreation, and agriculture. 84 (d) Encourage the use of broadband Internet service, 85 especially in the rural, unserved, and underserved communities 86 of the state through grant programs having effective strategies 87 to facilitate the statewide deployment of broadband Internet 88 service. For any grantsto beawarded, priority must be given to 89 projects that: 90 1. Provide access to broadband education, awareness, 91 training, access, equipment, and support to libraries, schools, 92 colleges and universities, health care providers, and community 93 support organizations. 94 2. Encourage the sustainable adoption of broadband in 95 primarily unserved areas by removing barriers to entry. 96 3. Work toward encouraging investments in establishing 97 affordable and sustainable broadband Internet service in 98 unserved areas of the state. 99 4. Facilitate the development of applications, programs, 100 and services, including, but not limited to, telework, 101 telemedicine, and e-learning to increase the usage of, and 102 demand for, broadband Internet service in the state. 103 (3) The department may apply for and accept federal funds 104 for purposes of this section, as well as gifts and donations 105 from individuals, foundations, and private organizations. 106 (4) The department may enter into contracts necessary or 107 useful to carry out the purposes of this section. 108 (5) The department may establish any committee or workgroup 109 to administer and carry out the purposes of this section. 110 (6) The department may adopt rules necessary to carry out 111 the purposes of this section. Any rule, contract, grant, or 112 other activity undertaken by the department shall ensure that 113 all entities are in compliance with any applicable federal or 114 state laws, rules, and regulations, including, but not limited 115 to, those applicable to private entities providing 116 communications services for hire and the requirements of s. 117 350.81. 118 Section 2. All powers, duties, functions, records, offices, 119 property, pending issues, existing contracts, administrative 120 authority, administrative rules, and unexpended balance of 121 appropriations, allocations, and other funds relating to the 122 Broadband Initiative Program in the Department of Management 123 Services are transferred by a type two transfer, as defined in 124 s. 20.06(2), Florida Statutes, to the Department of Economic 125 Opportunity. 126 Section 3. (1) The Department of Management Services, in 127 consultation with the Department of Economic Opportunity, shall 128 develop and submit to the United States Department of Commerce a 129 request to transfer the federal broadband grant from the 130 Department of Management Services to the Department of Economic 131 Opportunity. Upon receipt from the United States Department of 132 Commerce of its approval or denial of the request for a transfer 133 of the broadband grant, the Department of Management Services 134 shall, in writing, immediately notify the Governor, the 135 President of the Senate, and the Speaker of the House of 136 Representatives of that decision. 137 (2) If the request for a transfer of the federal broadband 138 grant is approved pursuant to subsection (1), the Department of 139 Management Services shall submit a budget amendment for approval 140 by the Legislative Budget Commission pursuant to s. 141 216.292(4)(d), Florida Statutes, to transfer from the department 142 to the Department of Economic Opportunity the funds necessary to 143 implement this act. 144 (3) This section shall take effect upon this act becoming a 145 law. 146 Section 4. Except as otherwise expressly provided in this 147 act and except for this section, which shall take effect upon 148 this act becoming a law, this act shall take effect upon 149 approval of the budget amendment required under section 3.