Tourism, Infrastructure & Energy Subcommittee: HB 267 Amendment Summary, March 3, 2021
Summary
A meeting packet of the Tourism, Infrastructure & Energy Subcommittee for March 3, 2021, holding amendment summaries, amendment text and bill analyses. It opens with the amendments to HB 267 by Rep. Roach, State Preemption of Seaport Regulations: Amendment 1 by Rep. Roach replaces the opening clause, and Amendment 2 by Rep. Roth narrows the bill to preempt only the regulation of seaports by municipal governments. The amendment text would create section 311.25, Florida Statutes, barring a municipal government from restricting or regulating commerce in the state's seaports. The packet closes with the analysis and text of HB 6059, which would amend s. 338.2278, F.S., to remove a regional corridor terminus from the Multi-use Corridors of Regional Economic Significance Program and take effect July 1, 2021.
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“Tourism, Infrastructure & Energy Subcommittee: HB 267 Amendment Summary, March 3, 2021.”
Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-03-03-3103-tourism-infrastructure-energy-subcommittee-meeting-pac-0943da2641/
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TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE
HB 267 by Rep. Roach
State Preemption of Seaport Regulations
AMENDMENT SUMMARY
March 3, 2021
Amendment 1 by Rep. Roach (445437):
• Replaces “Notwithstanding any other law to the contrary” with “Except as authorized by
general law”.
Amendment 2 by Rep. Roth (571249):
• Narrows the scope of the bill to only preempt the regulation of seaports by municipal
governments.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 267 (2021)
Amendment No. 2
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Tourism, Infrastructure &
2 Energy Subcommittee
3 Representative Roth offered the following:
4
5 Amendment
6 Remove lines 37-93 and insert:
7 WHEREAS, allowing each municipal government in which a
8 Florida seaport is located to impose its own requirements on the
9 maritime commerce conducted in that port could result in abrupt
10 changes in the supply lines bringing goods into and out of this
11 state, thus disrupting Florida's economy and threatening the
12 public's health, safety, and welfare, and
13 WHEREAS, allowing each municipal government in which a
14 Florida seaport is located to impose its own requirements on the
15 maritime commerce conducted in that port could reasonably be
16 expected to suppress such commerce and potentially drive it out
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 267 (2021)
Amendment No. 2
17 of the port and out of the state in search of a more consistent
18 and predictable operating environment, thus disrupting Florida's
19 economy and threatening the public's health, safety, and
20 welfare, and
21 WHEREAS, allowing each municipal government in which a
22 Florida seaport is located to impose its own requirements on the
23 maritime commerce conducted in that port could result in abrupt
24 changes in vessel traffic, frustrating the multi-year planning
25 process for all Florida seaports and the assumptions and
26 forecasts underlying federal and state financing of port
27 improvement projects, and
28 WHEREAS, in light of these negative impacts, federal and
29 state governments must be relied upon to adopt uniform
30 regulations governing seaport operations, NOW, THEREFORE,
31
32 Be It Enacted by the Legislature of the State of Florida:
33
34 Section 1. Section 311.25, Florida Statutes, is created to
35 read:
36 311.25 Regulation of commerce in Florida seaports;
37 preemption.—
38 (1) Notwithstanding any other law to the contrary, a
39 municipal government may not restrict or regulate commerce in
40 the seaports of this state, as listed in s. 311.09, including,
41 but not limited to, regulating or restricting a vessel's type or
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 267 (2021)
Amendment No. 2
42 size, source or type of cargo, or number, origin, or nationality
43 of passengers. All such matters are expressly preempted to the
44 state.
45 (2) If not otherwise preempted by federal or state law,
46 this section does not limit the authority of a port authority or
47 port district, as defined in s. 315.02, or a port operation as
48 provided in s. 125.012, to:
49 (a) Regulate vessel movements within its jurisdiction
50 pursuant to s. 313.22(1).
51 (b) Establish fees and compensation for its services
52 pursuant to s. 313.22(2).
53 (c) Adopt guidelines for minimum bottom clearance, for the
54 movement of vessels, and for radio communications of vessel
55 traffic pursuant to s. 313.23.
56
57 However, an action provided in this subsection may not have the
58 effect of regulating or restricting a vessel's type or size,
59 source or type of cargo, or number, origin, or nationality of
60 passengers, except as required to ensure safety due to the
61 physical limitations of channels, berths, anchorages, or other
62 port facilities.
63 Section 2. Any provision of a municipal charter,
64
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unserved 25 and underserved 26 areas of the state. The Office must administer and act as fiscal agent for
the Program and is responsible for receiving and reviewing applications and awarding grants. Funding
for the Program comes from a reallocation 50 percent of the funds from the increased revenues to the
STTF derived from the M-CORES Program, for fiscal years 2021-2022 and each fiscal year thereafter.
Prior to M-CORES, these funds were allocated to the General Revenue Fund from motor vehicle
license taxes. 27 The bill transfers these funds to the State Economic Enhancement and Economic
Development Trust Fund within DEO for purposes of Program grants.
Grants must fund the installation and deployment of infrastructure that supports broadband Internet
service.
Applicants eligible for grant awards include:
• Corporations, nonprofit corporations, limited liability companies, general partnerships, and
limited partnerships. 28
• Political subdivisions.
• Rural electric cooperatives and their broadband affiliates.
• Indian tribes.
An eligible applicant must submit a grant application to the Office, which must include the following
information:
• A description of the project area;
• A description of the kind and amount of broadband Internet service infrastructure that is
proposed to be deployed;
• Evidence demonstrating the unserved or underserved nature of the project area;
• The number of households and businesses that would have new access to broadband Internet
service, or that would have upgraded broadband Internet service as a result of the grant;
• A list of significant community institutions that would benefit from the grant;
• The total cost of the project and the timeframe in which it would be completed;
• A list identifying sources of funding or in-kind contributions that would supplement any awarded
grant; and
• Any other information required by the Office.
At least 30 days before the first day that grant applications may be submitted each fiscal year, the
Office must publish on its website the specific criteria and quantitative scoring system it will use to
evaluate or rank applications and award grants. The criteria and quantitative scoring system must
include the criteria listed in the bill, as discussed below.
Within three business days after the close of the grant application process, the Office must publish on
its website, from each application submitted, the proposed unserved and underserved areas to be
served and the proposed broadband Internet speeds for the areas to be served.
A broadband Internet service provider that provides existing service in or adjacent to a proposed
project area may submit to the office, within 45 days after publication of the information, a written
challenge to an application. The challenge must contain information demonstrating that:
• The provider currently provides broadband Internet service to retail customers within the
proposed project area;
• The provider has begun construction to provide broadband Internet service to retail customers
within the proposed project area; or
25
The bill defines the term "unserved" as a geographic area of the state without access to Internet service with a connection speed of
at least 10 megabits per second download and 1 megabit per second upload.
26
The bill amends the existing definition of the term "underserved" to mean a geographic area of the state without access to Internet
service with a connection speed ofat least 25 megabits per second download and 3 megabits per second upload.
27
Sees. 320.08, F.S. (2018).
28
These entities must be organized under the laws of the state or otherwise authorized to transact business in the state.
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• The provider commits to providing broadband Internet service to retail customers within the
proposed project area within the timeframe proposed by the applicant.
Within three business days after the submission of a written challenge, the Office must notify the
applicant, in writing, of the challenge.
The Office must evaluate each challenge. If the Office determines that the provider currently provides,
has begun construction to provide, or commits to provide broadband Internet service in the proposed
project area, the office may not fund the challenged project.
If the Office denies funding to an applicant as a result of a broadband Internet service provider's
challenge and the provider ultimately does not fulfill its commitment to provide broadband Internet
service in the unserved or underserved area, the Office may not consider another challenge from the
provider for the next grant cycle, unless the Office determines the failure to fulfill the commitment was
due to circumstances beyond provider's control.
In evaluating grant applications and awarding grants, the Office must prioritize applications proposing
to serve areas identified by the Office as unserved.
In evaluating grant applications and awarding grants, the Office may prioritize applications that:
• Propose to serve areas identified by the Office as underserved;
• Offer new or substantially upgraded broadband Internet service to important community
institutions including libraries, educational institutions, public safety facilities, and healthcare
facilities;
• Facilitate the use of telemedicine and electronic health records;
• Serve economically distressed areas of the state, as measured by indices of unemployment,
poverty, or population loss that are significantly greater than the statewide average;
• Provide for scalability to transmission speeds of at least 100 megabits per second download
and 10 megabits per second upload;
• Include a component to actively promote the adoption of the newly available broadband Internet
services in the community;
• Provide evidence of strong support for the project from citizens, government, businesses, and
institutions in the community;
• Provide access to broadband Internet service to the greatest number of unserved or
underserved households and businesses;
• Leverage greater amounts of funding for the project from other private and public sources; or
• Demonstrate consistency with the Office's strategic plan. 29
The Office must endeavor to award grants to qualified applicants in all regions of the state. The Office
may not award any grant to an otherwise eligible grant applicant to provide broadband Internet service
in a project area for which any other federal funding has been awarded.
A grant may not be used to serve any retail end user that already has access to broadband Internet
service. A grant, when combined with any other state or local funds, may not fund more than 50
percent of the total cost of a project. A single project may not be awarded a grant in excess of $5
million.
For each grant awarded, the Office must enter into an agreement with the applicant. The agreement
must specify the total amount of the grant, performance conditions that must be met to obtain the grant,
the schedule of payment, and sanctions that would apply for failure to meet performance conditions,
including, but not limited to, requiring the return of grant funds.
29
The Office has yet to issue its strategic plan.
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By January 1, 2023, and each year thereafter, the Office must publish on its website and provide to the
Governor, the President of the Senate, and the Speaker of the House of Representatives:
• A list of all grant applications received during the previous year and for each application:
o The results of any quantitative weighting or scoring system the Office used to award
grants or rank the applications.
o The grant amount requested.
o The grant amount awarded, if any.
o A report on the progress of each grant recipient in acquiring and installing infrastructure
that supports the provision of broadband Internet service in the project areas for which
the grant was awarded and in securing adoption of such service in each project area.
• All written challenges during the previous year.
The bill amends s. 364.0135, F.S., to define terms, incorporate unserved areas in the list of project
priorities, authorize the Office to administer the Program, and grant the Office rulemaking authority
relating to the administration of Office and the Program.
The bill amends s. 339.0801, F.S., to require DOT to consult with the Office to ensure that DOT's
broadband infrastructure projects are consistent with Office's strategic plan.
The bill amends s. 364.02, F.S., to provide that the definition of "broadband service" as it relates to the
regulation of telecommunications service by the Public Service Commission, does not apply to statutory
provisions in ch. 364, F.S., relating to the Office.
B. SECTION DIRECTORY:
Section 1 Amends s. 338.2278, F.S., relating to the Multi-Use Corridors of Regional Economic
Significance Program.
Section 2 Amends s. 339.0801, F.S., relating to the allocation of increased revenues derived from
amendments to s. 319.32(5)(a), F.S., by Ch. 2012.128, L.O.F.
Section 3 Amends s. 364.02, F.S., providing definitions.
Section 4 Amends s. 364.0135, F.S., relating to the promotion of broadband adoption and the Florida
Office of Broadband.
Section 5 Creates s. 364.0136, F.S., creating the Broadband Opportunity Program .
Section 6 Provides an effective date of July 1, 2021.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
See Fiscal Comments.
2. Expenditures:
See Fiscal Comments
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B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
To the extent that the Program leads to the deployment of broadband Internet service, this may result in
increased economic activity in areas not served by adequate or any broadband Internet service.
Broadband Internet providers may see an increase in revenues associated with grants promoting the
deployment of broadband Internet service.
The reallocation of funds from the STTF to DEO may cause a delay in some DOT transportation
projects associated with M-CORES, which are included in DOT's work program.
D. FISCAL COMMENTS:
The Revenue Estimating Conference has yet to evaluate this bill; however, based upon 2019
information from the creation of M-CORES, the bill transfers approximately $66.3 million in revenue
from the State Transportation Trust Fund at DOT to DEO for the Program and a similar amount in
future fiscal years. 30
Ill. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenue in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill authorizes DEO to adopt rules regarding the administration of the Office and the Broadband
Opportunity Program.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
Not applicable.
30
Florida House of Representatives, 2019 House Bill 7113 Final Bill Analysis. P. 17.
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FLORIDA H O U S E 0 F REPRESENTATIVES
HB 753 2021
1 A bill to be entitled
2 An act relating to broadband Internet deployment;
3 amending s. 338.2278, F.S.; providing for the transfer
4 of certain funds from the State Transportation Trust
5 Fund to the State Economic Enhancement and Economic
6 Development Trust Fund within the Department of
7 Economic Opportunity; providing for the use of such
8 funds by the Florida Office of Broadband; amending s.
9 339.0801, F.S.; requiring the Department of
10 Transportation to consult with the Florida Office of
11 Broadband to ensure specified projects are consistent
12 with a strategic plan; amending s. 364.02, F.S.;
13 providing an exception to the definition of the term
14 "broadband service" for certain purposes; amending s.
15 364.0135, F.S.; adding a cross-reference; revising and
16 providing definitions related to broadband service;
17 revising duties of the Florida Office of Broadband;
18 providing rulemaking authority; creating s. 364.0136,
19 F.S.; establishing the Broadband Opportunity Program
20 within the Florida Office of Broadband in the
21 Department of Economic Opportunity; providing for
22 administration of the program; providing requirements
23 for grant awards; providing for eligibility; providing
24 application requirements; requiring the publication of
25 certain information related to grant applications and
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26 grant awards on a website; authorizing grant
27 applications to be challenged under certain
28 circumstances; providing procedures for use by the
29 office in evaluating challenges; providing direction
30 for the office in prioritizing funding grants;
31 providing a limit on the amount of individual grants;
32 requiring grant agreements to contain specified
33 conditions; requiring the office to enter into an
34 agreement containing specified information with each
35 grant recipient; requiring the office to publish a
36 specified report annually on its website;
37 requiring a report to the Governor and Legislature
38 with specified information; providing an effective
39 date.
40
41 Be It Enacted by the Legislature of the State of Florida:
42
43 Section 1. Subsection (7) of section 338.2278, Florida
44 Statutes, is amended to read:
45 338.2278 Multi-use Corridors of Regional Economic
46 Significance Program.-
47 (7) Funds that result from increased revenues to the State
48 Transportation Trust Fund derived from the amendments to s.
49 320.08 made by chapter 2019-43, Laws of Florida, this act and
50 deposited into the fund pursuant to s. 320.20(5) (a) must be used
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51 as follows:
52 (a) For the 2019 2020 fiscal year, $4§ million shall be
53 retained in the State Transportation Trust Fund, and the
54 remaining funds shall be transferr~ed te the General Revenue
55 Fund.
56 -fa+ For the 2020-2021 fiscal year, $90 million shall be
57 retained in the State Transportation Trust Fund, and the
58 remaining funds shall be transferred to the General Revenue
59 Fund.
60 ~+et For the 2021-2022 fiscal year and each fiscal year
61 thereafter, 50 percent of the funds shall be transferred to the
62 State Economic Enhancement and Economic Development Trust Fund
63 within the Department of Economic Opportunity for use by the
64 Florida Office of Broadband as provided ins. 364.0136, and a-±±
65 ~ the remaining funds shall be retained in the State
66 Transportation Trust Fund.
67 Section 2. Subsection (2) of section 339.0801, Florida
68 Statutes, is amended to read:
69 339.0801 Allocation of increased revenues derived from
70 amendments to s. 319.32(5) (a) by ch. 2012-128.-Funds that result
71 from increased revenues to the State Transportation Trust Fund
72 derived from the amendments to s. 319.32 (5) (a) made by chapter
73 2012-128, Laws of Florida this act must be used annually, first
74 as set forth in subsection (1) and then as set forth in
75 subsections (2)-(5), notwithstanding any other provision of law:
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76 (2) (a) For each of the 2019-2020, 2020-2021, and 2021-2022
77 fiscal years, $35 million shall be transferred to Florida's
78 Turnpike Enterprise, to be used in accordance with Florida
79 Turnpike Enterprise Law, to the maximum extent feasible for
80 feeder roads, structures, interchanges, appurtenances, and other
81 rights to create or facilitate access to the existing turnpike
82 system.
83 (b) Beginning with the 2022-2023 fiscal year and annually
84 thereafter, $35 million shall be transferred to Florida's
85 Turnpike Enterprise, to be used in accordance withs. 338.2278,
86 with preference to feeder roads, interchanges, and appurtenances
87 that create or facilitate multiuse corridor access and
88 connectivity. Of those funds, and to the maximum extent
89 feasible, up to $5 million annually may be used for projects
90 that assist in the development of broadband infrastructure
91 within or adjacent to a multiuse corridor. The department shall
92 give priority consideration to broadband infrastructure projects
93 located in any area designated as a rural area of opportunity
94 under s. 288.0656 and adjacent to a multiuse corridor. The
95 department shall consult with the Florida Office of Broadband
96 within the Department of Economic Opportunity to ensure that the
97 broadband infrastructure projects are consistent with the
98 strategic plan required bys. 364.0135.
99 Section 3. Subsection (2) of section 364.02, Florida
100 Statutes, is amended to read:
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101 364.02 Definitions.-As used in this chapter, the term:
102 ( 2) "Broadband service", except when used in ss. 3 64. 0135
103 and 364.0136, means any service that consists of or includes the
104 offering of the capability to transmit or receive information at
105 a rate that is not less than 200 kilobits per second and either:
106 (a) Is used to provide access to the Internet; or
107 (b) Provides computer processing, information storage,
108 information content, or protocol conversion in combination with
109 the service.
110
111 The definition of broadband service does not include any
112 intrastate telecommunications services that have been tariffed
113 with the commission on or before January 1, 2005.
114 Section 4. Subsection (2) and paragraph (c) of subsection
115 (4) of section 364.0135, Florida Statutes, are amended and
116 paragraph (e) is added to subsection (4) and paragraph (d) is
117 added to subsection (5) of that section, to read:
118 364.0135 Promotion of broadband adoption; Florida Office
119 of Broadband.-
120 (2) DEFINITIONS.-As used in this section ands. 364.0136,
121 the term:
122 (a) "Broadband Internet service" means any service that
123 provides access to the Internet with a capacity for transmission
124 at a consistent speed of at least 25 megabits per second
125 dow nload and 3 me g abits per second upload.
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126 (b)-f-a+ "Department" means the Department of Economic
127 Opportunity .
128 ~-tat- "Office" means the Florida Office of Broadband.
129 (d)-f-e+- "Sustainable adoption" means the ability for
130 communications service providers to offer broadband Internet
131 services in all areas of the state by encouraging adoption and
132 utilization levels that allow for these services to be offered
133 in the free market absent the need for governmental subsidy.
134 J...§.1-f-El+- "Underserved" means a geographic area of the state
135 without access to Internet service with a connection speed of at
136 least 25 megabits per second download and 3 megabits per second
137 upload in which there is ne provider of broadl9and Internet
138 service that offers a connection to the Internet \Jith a capacity
139 for transmission at a consistent speed of at least 10 megabits
140 per second do,,nstrcam and at least 1 megabit per second
141 upstream.
142 (f) "Unserved" means a geographic area of the state
143 without access to Internet service with a connection speed of at
144 least 10 megabits per second download and 1 megabit per second
145 upload.
146 (4) FLORIDA OFFICE OF BROADBAND.-The Florida Office of
147 Broadband is created within the Division of Community
148 Development in the department for the purpose of developing,
149 marketing, and promoting broadband Internet services in the
150 state. The office, in the performance of its duties, shall do
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151 all of the following:
152 (c) Encourage the use of broadband Internet service,
153 especially in the rural, unserved, or underserved communities of
154 the state through grant programs having effective strategies to
155 facilitate the statewide deployment of broadband Internet
156 service. For any grants to be awarded, priority must be given to
157 projects that:
158 1. Provide access to broadband education, awareness,
159 training, access, equipment, and support to libraries, schools,
160 colleges and universities, health care providers, and community
161 support organizations.
162 2. Encourage the sustainable adoption of broadband in
163 primarily unserved and underserved areas by removing barriers to
164 entry.
165 3. Work toward encouraging investments in establishing
166 affordable and sustainable broadband Internet service in
167 unserved and underserved areas of the state.
168 4. Facilitate the development of applications, programs,
169 and services, including, but not limited to, telework,
170 telemedicine, and e-learning to increase the usage of, and
171 demand for, broadband Internet service in the state.
172 (e) Administer the Broadband Opportunity Program
173 established ins. 364.0136.
174 (5) ADMINISTRATION.-The department may:
175 (d) Adopt rules to implement this section ands. 364.0136.
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176 Section 5. Section 364.0136, Florida Statutes, is created
177 to read:
178 364.0136 Broadband Opportunity Program.-
179 (1) The Broadband Opportunit y Program is established
180 within the office to award grants to applicants who seek to
181 expand access to broadband Internet service in unserved and
182 underserved areas of the state. The office must administer and
183 act as fiscal agent for the program and is responsible for
184 receiving and reviewing applications and awarding grants.
185 Funding for the program shall be as provided ins.
186 338. 2278 (7) (c).
187 (2) Grants awarded under this section shall fund the
188 installation and deployment of infrastructure that supports the
189 provision of broadband Internet service.
190 (3) Applicants eligible for grant awards include:
191 (a) Corporations, nonprofit corporations, limited
192 liability companies, general partnerships, and limited
193 partnerships, that are organized under the laws of the state or
194 otherwise authorized to transact business in the state.
195 (b) Political subdivisions.
196 (c) Rural electric cooperatives organized under chapter
197 425 and their broadband affiliates .
198 (d) Indian tribes.
199 (4) An eligible applicant shall submit a grant application
200 to the office on a form prescribed by the office. A grant
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201 application must include the following information:
202 (a) A description of the project area.
203 (b) A description of the kind and amount of broadband
204 Internet service infrastructure that is proposed to be deployed.
205 (c) Evidence demonstrating the unserved or underserved
206 nature of the project area.
207 (d) The number of households and businesses that would
208 have new access to broadband Internet service, or that would
209 have upgraded broadband Internet service as a result of the
210 grant.
211 (e) A list of significant community institutions that
212 would benefit from the grant.
213 (f) The total cost of the project and the timeframe in
214 which it would be completed.
215 (g) A list identifying sources of funding or in-kind
216 contributions that wou l d suppleme nt any awarded grant.
217 (h) Any other information required by the office.
218 (5) (a) At least 30 days before the first day grant
219 applications may be submitted each fiscal year, the office shall
220 publish on its website the specific criteria and quantitative
221 scoring system it will use to evaluate or rank applications and
222 award grants under subsection (6). Such criteria and
223 quantitative scoring system must include the criteria set forth
224 in subsection (6).
225 (b) Within 3 business days after the close of the grant
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226 application process, the office shall publish on its website,
227 from each application submitted, the proposed unserved and
228 underserved areas to be served and the proposed broadband
229 Internet speeds of the areas to be served.
230 (c) A broadband Internet service provider that provides
231 existing service in or adjacent to a proposed project area may
232 submit to the office, with in 45 days after publication of the
233 information under paragraph (b), a written challenge to an
234 application. The challenge shall contain information
235 demonstrating that:
236 1. The provider currently provides broadband Internet
237 service to retail customers within the proposed project area;
238 2. The provider has begun construction to provide
239 broadband Internet service to retail customers within the
240 proposed project area; or
241 3. The provider commits to providing broadband Internet
242 service to retail customers within the proposed p ro j ect area
243 within the timeframe proposed by the applicant .
244 (d) Within 3 business days after the submission of a
245 written challenge, the office shall notify the applicant, in
246 writing, of the challenge.
247 (e) The office shall evaluate each challenge submitted
248 under this subsection. If the office determines that the
249 provider currently provides, has begun construction to provide,
250 or commits to p r ovide broadband internet service in the proposed
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FLORIDA H O U S E 0 F REPRESENTATIVES
HB 753 2021
251 project area, the office may not fund the challenged project.
252 (f) If the office denies funding to an applicant as a
253 result of a broadband Internet service provider's challenge and
254 the provider does not fulfill its commitment to provide
255 broadband Internet service in the unserved or underserved area,
256 the office may not consider another challenge from the provider
257 for the next cycle, unless the office determines the failure to
258 fulfill the commitment was due to circumstances beyond
259 provider's control.
260 ( 6) (a) In evaluating grant applications and awarding
261 g rants, the office must g ive p riorit y to a pp lications prop-o sing
262 to serve areas identified by the office as unserved.
263 (b) In evaluating grant applications and awarding grants,
264 the office may give priority to applications that:
265 1. Proposed to serve areas identified by the office as
266 underserved;
267 2. Offer new or substantially upgraded broadband Internet
268 service to important community institutions including, but not
269 limited to, libraries, educational institutions, public safety
270 facilities, and healthcare facilities;
271 3. Facilitate the use of telemedicine and electronic
272 health records;
273 4. Serve economically distressed areas of the state, as
274 measured by indices of unemployment, poverty, or population loss
275 that are significantly greater than the state wide average ;
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FLORIDA H O U S E 0 F REPRESENTATIVES
HB 753 2021
276 5. Provide for scalability to transmission speeds of at
277 least 100 megabits per second download and 10 megabits per
278 second upload;
279 6. Include a component to actively promote the adoption of
280 the newly available broadband Internet services in the
281 community;
282 7. Provide evidence of strong support for the project from
283 c i tizens , governme nt, businesses, and institutions in the
284 community;
285 8. Provide access to broadband Internet service to the
286 g reatest number of unserved or underserved households and
287 businesses;
288 9. Leverage greater amounts of funding for the project
289 from other private and public sources; or
290 10. Demonstrate consistency with the strategic plan
291 adopted under s. 364.0135.
292 (c) The office must endeavor to award grants to qualified
293 applicants in all regions of the state.
294 (7) (a) The office may not award any grant to an otherwise
295 eli g ible g rant a pp licant to p rovide broadband Internet service
296 in a project area for which any other federal funding has been
297 awarded.
298 (b) A grant awarded under this section may not be used to
299 serve an y retail end user that alread y has access to broadband
300 Internet service .
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FLORIDA H O U S E 0 F REPRESENTATIVES
HB 753 2021
301 (c) A grant awarded under this section, when combined with
302 an y state or local funds, ma y not fund more than 50 p ercent of
303 the total cost of a project.
304 (d) A single project may not be awarded a grant in excess
305 of $5 million.
306 (8) For each grant awarded, the office shall enter into an
307 agreement with applicant. The agreement must specify the total
308 amount of t he gr ant, performance conditions that must be met to
309 obtain the grant, the schedule of payment, and sanctions that
310 would apply for failure to meet performance conditions,
311 including, but not limited to, requiring the return of grant
312 funds.
313 (9) By January 1, 2023, and each year thereafter, the
314 office shall publish on its website and provide to the Governor,
315 the President of the Senate, and the Speaker of the House of
316 Representatives:
317 (a) A list of all grant applications received during the
318 previous year and for each application:
319 1. The results of any quantitative weighting or scoring
320 system the office used to award grants or rank the applications.
321 2. The grant amount requested.
322 3. The grant amount awarded, if any.
323 4. A report on the progress of each grant recipient in
324 acquiring and installing infrastructure that supports the
325 provision of broadband Internet service in the project areas for
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HB 753 2021
326 which the grant was awarded and in securing adoption of such
327 serv ice in e a c h project area .
328 (b ) All written challen ge s during the p revious year .
329 Section 6. This act shall take effect July 1, 2021.
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TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE
HB 753 by Rep. Clemons
BROADBAND INTERNET DEPLOYMENT
AMENDMENT SUMMARY
MARCH 3, 2021
Amendment 1 by Rep. Clemons (# 269581)
• Creates a new part of chapter 288, F.S., and moves the following into this new
part:
o The existing statutory section related to the Florida Office of Broadband.
o The provisions of the bill that create the Broadband Opportunity Program.
• Adds the new term "deployed," for purposes of determining whether or not
broadband Internet service is already available in a specific geographic area.
• Eliminates the term "underserved" but retains the term "unserved" to refer to any
area without access to broadband Internet service.
• Prohibits state funds from being used to provide service to places where service
has already been deployed from at least one provider.
• Prohibits grants being awarded to governmental entities, rural electric
cooperatives, or educational institutions unless other broadband Internet service
providers have not deployed services· to an unserved area.
• Expands from one grant cycle to two grant cycles that the Office of Broadband
may not consider another challenge from a provider if it does not fulfill its
commitment to provide broadband Internet service.
• Makes other technical and conforming changes.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 753 (2021)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Tourism, Infrastructure &
2 Energy Subcommittee
3 Representative Clemons offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Part XV of chapter 288, Florida Statutes,
8 consisti ng of sections 288.9961 and 288.9962 is created and
9 entitled "Florida Office of Broadband."
10 Section 2. Section 364.0135, Florida Statutes, is
11 renumbered ass. 288.9961, Florida Statutes, and amended to
12 read:
13 288.9961 364.0135 Promotion of broadband adoption; Florida
14 Office of Broadband.-
15 (1) LEGISLATIVE FINDINGS.-The Legislature finds that the
16 sustainable adoption of broadband Internet service is critical
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Bill No. HB 753 (2021)
Amendment No. 1
17 to the economic and business development of this -E-l=re state and
18 is beneficial for libraries, schools, colleges and universities,
19 health care providers, and community organizations.
20 (2) DEFINITIONS.-As used in this part section, the term:
21 (a) "Broadband Internet service" means any service that
22 provides access to the Internet with a capacity for transmission
23 at a consistent speed of at least 25 megabits per second
24 down l oad and 3 megabits per second upload.
25 ill+a+ "Department" means the Department of Economic
26 Opportunity.
27 (c) "Deployed" means that a provider meets either of the
28 following:
29 1. Currently provides broadband Internet service in a
30 specific geographic area; or
31 2. Is able to provide broadband Internet service in a
32 specific geographic area to a customer that requests that
33 service not later than 30 da ys after the customer requests
34 installation of that service and without an extraordinary
35 commitment of resources or construction charges or fees
36 excee d i ng an ordi nary servi ce activation fee. The 30-day time
37 per i od shal l be extended to 60 days if permits are needed before
38 the broadband Internet service is installed and activated.
39 ill-fe+- "Office" means the Florida Office of Broadband.
40 M-te+ "Sustainable adoption" means the ability for
41 communications service providers to offer broadband Internet
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Bill No. HB 753 (2021)
Amendment No. 1
42 services in all areas of this 4:-fte state by encouraging adoption
43 and utilization levels that allow for these services to be
44 offered in the free market absent the need for governmental
45 subsidy.
46 (d) "Undersenrnd" means a geographic area of the state in
47 which there is no provider of broadband Internet service that
48 offers a connection to the Internet with a capacity for
49 transmission at a consistent speed of at least 10 megabits per
50 second downstream and at least 1 ffiegabit per second upstream.
51 (f) "Unserved" means a geographic area of the state where
52 broadband Internet service is not deployed.
53 (3) STATE AGENCY.-The department is designated as the lead
54 state agency to facilitate the expansion of broadband Internet
55 service in this 4:-fte state. The department shall work
56 collaboratively with private businesses and receive staffing
57 support and other resources from Enterprise Florida, Inc., state
58 agencies, local governments, and community organizations.
59 (4) FLORIDA OFFICE OF BROADBAND.-The Florida Office of
60 Broadband is created within the Division of Community
61 Development in the department for the purpose of developing,
62 marketing, and promoting broadband Internet services in this 4:-fte
63 state. The office, in the performance of its duties, shall do
64 all of the following:
65 (a) Create a strategic plan that has goals and strategies
66 for increasing the use of broadband Internet service in this 4:-fte
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Bill No. HB 753 (2021)
Amendment No. 1
67 state. The plan must include a process to review and verify
68 public input regarding transmission speeds and availability of
69 broadband Internet service throughout the state.
70 (b) Build and facilitate local technology planning teams
71 or partnerships with members representing cross-sections of the
72 community, which may include, but are not limited to,
73 representatives from the following organizations and industries:
74 libraries, K-12 education, colleges and universities, local
75 health care providers, private businesses, community
76 organizations, economic development organizations, local
77 governments, tourism, parks and recreation, and agriculture.
78 (c) Encourage the use of broadband Internet service,
79 especially in the rural orT unserved, or undcrscrvcd communities
80 of the state through grant programs having effective strategies
81 to facilitate the statewide deployment of broadband Internet
82 service. For any grants to be awarded, priority must be given to
83 projects that:
84 1. Provide access to broadband education, awareness,
85 training, access, equipment, and support to libraries, schools,
86 colleges and universities, health care providers, and community
87 support organizations.
88 2. Encourage the sustainable adoption of broadband
89 Internet service in primarily unserved undcrscrved areas by
90 removing barriers to entry.
91 3. Work toward encouraging investments in establishing
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Bill No. HB 753 (2021)
Amendment No. 1
92 affordable and sustainable broadband Internet service in
93 unserved llnderserved areas of t h i s ~ state.
94 4. Facilitate the development of applications, programs,
95 and services, including, but not limited to, telework,
96 telemedicine, and e-learning to increase the usage of, and
97 demand for, broadband Internet service in t h i s ~ state.
98 (d) Monitor, participate in, and provide input in
99 proceedings of the Federal Communications Commission and other
100 federal agencies related to the geographic availability and
101 deployment of broadband Internet service in the state as
102 necessary to ensure that this information is accurately
103 presented and that rural or 7 unserved, and underoerved areas of
104 the state are best positioned to benefit from federal and state
105 broadband deployment programs.
106 (e) Administer the Broadband Opportunity Program
107 established ins. 288.9962.
108 (5) ADMINISTRATION.-The department may:
109 (a) Apply for and accept federal funds for purposes of
110 this section.
111 (b) Enter into contracts necessary or useful to carry out
112 the purposes of this section.
113 (c) Establish any committee or workgroup to administer and
114 carry out the purposes of this section.
115 (d) Adopt rules to implement this part.
116 Section 3. Section 288.9962, Florida Statutes, is created
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Bill No. HB 753 (2021)
Amendment No. 1
117 to read:
118 288.9962 Broadband Opportunity Program.-
119 (1) The Broadband Opportunity Program is established
120 within the office to award grants to applicants who seek to
121 expand broadband Internet service to unserved areas of this
122 state. The office must administer and act as fiscal agent for
123 the program and is responsible for receiving and reviewing
124 applications and awarding grants. Funding for the program shall
125 be as provided in s. 338.2278 (7) (c), F.S.
126 (2) Grants awarded under this section shall fund the
127 installation or deplo yment of infrastructure that supports the
128 provision of broadband Internet service. State funds may not be
129 used to provide broadband Internet service to a geographic area
130 where broadband Internet service is already deployed by at least
131 one provider.
132 (3) Applicants eligible for grant awards include:
133 (a) CorporationsJ nonprofit corporations, limited
134 liability companies, general partnerships, and limited
135 pa rtnershi ps that are organized under the laws of this state or
136 otherwise authorized to transact business in this state.
137 (b) Political subdivisions.
138 (c ) Rural electric coop eratives org anized under cha p ter
139 425 and their broadband affiliates.
140 (d) Indian Tribes.
141 ( 4 ) The office ma y not award, directly or indirectly,
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Bill No. HB 753 (2021)
Amendment No. 1
142 grants under this section to a governmental entity, a rural
143 electric cooperative or affiliate, or educational institution or
144 affiliate to provide Broadband Internet service to any
145 residential or commercial premises, unless other broadband
146 Internet service providers have not deployed service to an
147 unserved area.
148 (5) An eligible applicant shall submit a grant application
149 to the office on a form prescribed by the office. A grant
150 application must include the following information:
151 (a) A d escription of the project area.
152 (b) A description of the kind and amount of broadband
153 Internet service infrastructure that is proposed.
154 (c ) Evidence demonstratin g the unserved nature of the
155 project area.
156 (d) The number of households and businesses that would
157 have access to broadband Internet service as a result of the
158 grant.
159 (e) A list of significant community institutions that
160 would benefit from the grant.
161 (f) The total cost of the project and the timeframe in
162 which it would be completed.
163 (g) A list identifying sources of funding or in-kind
164 contributions that would supplement any a warded gr an t .
165 (h) Any other information required by the office.
166 ( 6) (a) At least 3 0 days before the first day grant
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Bill No. HB 753 (2021)
Amendment No. 1
167 applications may be submitted each fiscal year, the office shall
168 publish on its website the specific criteria and quantitative
169 scoring system it will use to evaluate or rank grant
170 applications. Such criteria and quantitative scoring system must
171 include the criteria set forth in subsection (8).
172 (b) Within 3 business days after the close of the grant
173 application process, the office shall publish on its website,
174 from each grant application submitted, the proposed unserved
17 5 areas to be served and the pro posed broadband Internet speeds of
17 6 the areas to be served.
177 (c) A broadband Internet service provider that provides
178 existing service in or adjacent to a proposed project area may
17 9 submit to the office, within 45 days after publication of the
180 information under paragraph (b), a written challenge to an
181 application. The challenge shall contain information
182 demonstrating that:
183 1. The provider currently has deployed broadband Internet
184 service to retail customers within the project area;
185 2. Th e pro v ider has begun construction to provide
186 broadband Internet service to retail customers within the
187 proposed project area within the timeframe proposed bv the
188 applicant; or
189 3. The provider commits to providing broadband Internet
190 service to retail customers within the proposed pro j ect area
191 within the timeframe proposed by the applicant.
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Amendment No. 1
192 (d) Within 3 business days after the submission of a
193 written challenge, the office shall notify the applicant, in
194 writing, of the challenge.
195 (e) The office shall evaluate each challenge submitted
196 under this subsection. If the office determines that the
197 provider currently has deployed, has begun construction to
198 provide, or commits to provide broadband Internet service in the
199 proposed project area, the office may not fund the challenged
200 project.
201 (f) If the office denies funding to an applicant as a
202 result of a broadband Internet service provider's challenge and
203 the provider does not fulfill its commitment to provide
204 broadband Internet service in the unserved area, the office may
205 not consider another challenge from the provider for the next
206 two grant cycles, unless the office determines that the failure
207 to fulfill the commitment was due to circumstances beyond the
208 provider's control.
209 ( 8) (a) In evaluating grant applications and awarding
210 grants, the office must give priority to applications that:
211 1. Offer broadband Internet service to important community
212 institutions includ in g, but not limited to, libraries,
213 educational institutions, public safety facilities, and
214 healthcare facilities;
215 2. Facilitate the use of telemedicine and electronic
216 health records;
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Bill No. HB 753 (2021)
Amendment No. 1
217 3. Serve economically distr essed areas of the state, as
218 measured by indices of unemployment, poverty, or population loss
219 that are significantly greater than the statewide average;
220 4. Provide for scalability to transmission speeds of at
221 least 100 megabits per second download and 10 megabits per
222 second upload;
223 5. Include a component to actively promote the adoption of
224 the newly available broadband Internet service in the community;
225 6. Provide evidence of strong support for the project from
226 citizens, g overnment, businesses, and institutions in the
227 community;
228 7. Provide access to broadband Internet service to the
229 g reatest number of unserved households and businesses;
230 8. Leverage greater amounts of funding for a project from
231 private sources; or
232 9. Demonstrate consistency with the strategic plan adopted
233 under s. 288.9961.
234 (b) The office must endeavor to award grants to qualified
235 applications of all regions of the state.
236 (9) (a) The office may not awa rd any grant to an otherwise
237 eligible g rant applicant to provide broadband Internet service
238 in a project area for which any other federal funding has been
239 awarded .
240 (b) A grant aw arded under this section may not be used to
241 serve any retail end user that already has access to broadband
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Amendment No. 1
242 Internet service.
243 (c) A grant awarded under this section, when combined with
244 any state or local funds, may not fund more than 50 percent of
245 the total cost of a project.
246 (d) A single project may not be awarded a grant in excess
247 of $5 million.
248 (10) For each grant awarded, the office shall enter into
249 an agreement with the applicant. The agreement must specify the
250 total amount of the grant, performance conditions that must be
251 met to obtain the grant, the schedule of payment, and sanctions
252 that would apply for failure to meet performance conditions,
253 including, but not limited to, requiring the return of grant
254 funds.
255 (11 ) By January 1, 2023, and each year thereafter, the
256 office shall publish on its website and provide to the Governor,
257 the President of the Senate, and the Speaker of the House of
258 Representatives:
259 (a) A list of all grant applications received during the
260 previous fiscal year and for each application:
261 1. The results of any quantitative weighting or scoring
262 system the office used to award grants or rank the applications.
263 2. The grant amounts requested.
264 3. The grant amounts awarded, if any.
265 4. A report on the progress of each grant recipient in
266 acquiring and installing infrastructure that supports the
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Amendment No. 1
267 provision of broadband Internet service in the project areas for
268 which that grant was awarded and in securing adoption of such
269 service in each project area.
270 (b) All written challenges filed during the previous year
271 and the results of those challenges.
272 Section 4. Subsection (7) of section 338.2278, Florida
273 Statutes, is amended to read:
274 338.2278 Multi-use Corridors of Regional Economic
275 Significance Program.-
276 (7) Funds that result from increased revenues to the State
277 Transportation Trust Fund derived from the amendments to s.
278 320.08 made by chapter 2019-43, Laws of Florida, this act and
279 deposited into the fund pursuant to s. 320.20(5) (a) must be used
280 as follows:
281 (a) For the 2019 2D20 fiscal year, $4§ million shall be
282 retained in the State Transportation Trust Fund, and the
283 remaining funds shall be transferred to the General Revenue
284 Fund.
285 -fbt For the 2020-2021 fiscal year, $90 million shall be
286 retained in the State Transportation Trust Fund, and the
287 remaining funds shall be transferred to the General Revenue
288 Fund.
289 J..Ql_-f-et For the 2021-2022 fiscal year and each fiscal year
290 thereafter, 50 percent of the funds shall be transferred to the
291 State Economic Enhancement and Economic Development Trust Fund
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Bill No. HB 753 (2021)
Amendment No. 1
292 within the Department of Economic Opportunity for use by the
293 Florida Office of Broadband as provided ins. 288.9961 and a±±
294 e.f. the remaining funds shall be retained in the State
295 Transportation Trust Fund.
296 Section 5. Paragraph (b) of subsection (2) of section
2 97 339.0801, Florida Statutes, is amended to read:
298 339.0801 Allocation of increased revenues derived from
299 amendments to s. 319.32(5) (a) by ch. 2012-128.-Funds that result
300 from increased revenues to the State Transportation Trust Fund
301 derived from the amendments to s. 319. 32 ( 5) (a) made by this act
302 must be used annually, first as set forth in subsection (1) and
303 then as set forth in subsections (2)-(5), notwithstanding any
304 other provision of law:
305 (2)
306 (b) Beginning with the 2022-2023 fiscal year and annually
307 thereafter, $35 million shall be transferred to Florida's
308 Turnpike Enterprise, to be used in accordance withs. 338.2278,
309 with preference to feeder roads, interchanges, and appurtenances
310 that create or facilitate multiuse corridor access and
311 connectivity. Of those funds, and to the maximum extent
312 feasible, up to $5 million annually may be used for projects
313 that assist in the development of broadband infrastructure
314 within or adjacent to a multiuse corridor. The department shall
315 give priority consideration to broadband infrastructure projects
316 located in any area designated as a rural area of opportunity
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Bill No. HB 753 (2021)
Amendment No. 1
317 under s. 288.0656 and adjacent to a multiuse corridor. The
318 department shall consult with the Florida Office of Broadband
319 within the Department of Economic Opportunity to ensure that the
320 broadband infrastructure projects are consistent with the
321 strategic plan required bys. 288.9961.
322 Section 6. This act shall take effect July 1, 2021.
323
324
325 TITLE AMENDMENT
326 Remove everything before the enacting clause and insert:
327 An act relating to broadband Internet deployment; creating pt.
328 XV of ch. 288, F.S.; relating to the Florida Office of
329 Broadband; renumbering and amending s. 364.0135, F.S.; revising
330 and providing definitions relating to broadband Internet
331 service; revising duties of the Florida Office of Broadband;
332 providing rulemaking authority; creating s. 288.9962, F.S.;
333 establishing the Broadband Opportunity Program within the
334 Department of Economic Opportunity; providing for administration
335 of the program; providing requirements for grant awards;
336 providing for eligibility; providing application requirements;
337 requiring the publication of certain information related to
338 grant applications and grant awards on a website; authorizing
339 grant applications to be challenged under certain circumstances;
340 providing procedures to be used by the office in evaluating
341 challenges; providing direction for the office in prioritizing
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Bill No. HB 753 (2021)
Amendment No. 1
342 funding grants; requiring that office to enter into an agreement
343 containing specified information with each grant recipient;
344 requiring the office to publish a specified report annually on
345 its website; requiring a report to the Governor and Legislature
346 with specified information; amending s. 338.2278, F.S.;
347 providing for the transfer of certain funds from the State
348 Transportation Trust Fund to the State Economic Enhancement and
349 Economic Development Trust Fund within the Department of
350 Economic Opportunity; providing for the use of such funds by the
351 Florida Office of Broadband; amending s. 339.0801, F.S.;
352 requiring the Department of Transportation to consult with the
353 Florida Office of Broadband to ensure that specified projects
354 are consistent with a strategic plan; providing an effective
355 date.
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I
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 839 State Preemption of Energy Infrastructure Regulation
SPONSOR($): Fabricio
TIED BILLS: IDEN./SIM. BILLS: SB 856
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee Willson li ""-J Keating
2) Local Administration & Veterans Affairs
Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
Municipalities and counties derive broad home rule authority from the Florida Constitution and general law.
Special districts are separate local governmental entities that exist for specific purposes. General law
authorizes local governments to regulate a variety of matters related to energy infrastructure, including the
ability to own and operate their own energy infrastructure.
Local governments have broad authority to legislate on any matter that is not inconsistent with federal or state
law. A local government enactment may be inconsistent with state law if (1) the Legislature has preempted a
particular subject area or (2) the local enactment conflicts with a state statute. Where state preemption applies
it precludes a local government from exercising authority in that particular area.
The bill prohibits local governments from implementing any law, ordinance, regulation, policy, or resolution that
prohibits, restricts, or requires, or that has the effect of prohibiting, restricting, or requiring, the construction of
new energy infrastructure or the expansion, upgrading, or repair of existing energy infrastructure, or imposing
any requirement regulating energy infrastructure that is more stringent than state law or DEP rule.
Additionally, the bill expressly preempts the regulation of energy infrastructure to the state, and specifies that
any existing or future law, ordinance, regulation, policy, or resolution that is contrary to the preemption is void.
The bill defines "energy infrastructure" as "infrastructure supporting the production, importation, storage, and
distribution of natural gas, petroleum, petroleum products, electricity, renewable fuels, solar energy, wind
energy, biomass energy, hydrogen energy, and geothermal energy."
The fiscal impact of the bill is indeterminate. See Fiscal Comments Section.
The bill provides an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0839.TIE.DOCX
DATE : 3/2/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Local Government Powers 1
Article VIII of the Florida Constitution establishes the authority for home rule by counties and
municipalities in Florida. The Legislature is required to divide the state into counties 2 and has the
authority to choose to create municipalities. 3 The Florida Constitution recognizes two types of county
government in Florida: those operating under a county charter and those without a charter. Florida
currently has 67 counties. 4 County ordinances must be filed with the custodian of state records, and
take effect at the time provided by law. 5
Noncharter Counties
A county without a charter has such power of self-government as provided by general 6 or special law,
and may enact county ordinances not inconsistent with general law. 7 General law authorizes counties
"the power to carry on county government" 8 and to "perform any other acts not inconsistent with law,
which acts are in the common interest of the people of the county, and exercise all powers and
privileges not specifically prohibited by law." 9
Section 125.01, F.S., provides that the legislative and governing body of a county shall have the power
to carry on county government and that "to the extent not inconsistent with general or special law, this
power includes, among other things, the power to:"
• Prepare and enforce comprehensive plans for the development of the county.
• Establish, coordinate, and enforce zoning and such business regulations as are necessary for
the protection of the public.
• Establish and administer programs of housing, slum clearance, community redevelopment,
conservation, flood and beach erosion control, air pollution control, and navigation and drainage
and cooperate with governmental agencies and private enterprises in the development and
operation of such programs.
• Establish, merge or abolish municipal service taxing or benefit units for any part or all of the
unincorporated area of the county, within which may be provided a number of essential facilities
and municipal services from funds derived from service charges, special assessments, or taxes.
• Levy and collect taxes and special assessments; borrow and expend money; and issue bonds,
revenue certificates, and other obligations of indebtedness.
• Adopt ordinances and resolutions necessary for the exercise of its powers and prescribe fines
and penalties for the violation of ordinances in accordance with law.
• Enforce the Florida Building Code, and adopt and enforce local technical amendments thereto.
1 See generally Florida House of Representatives, Local Government Formation Manual 2018-2020, Chapter I.
2
FLA. CONST. art. VIII, s. l(a).
3
FLA. CONST. art. VIII, s. 2(a).
4
See Local Government Fonnation Manual 2018-2020, Appendix B for a list of these counties and their dates of incorporation.
5
FLA. CONST. art. VIII, s. 2(i).
6
ch. 125, Part I, F.S.
7
FLA. CONST. art. VIII, s. l(t).
8
S. 125.01(1), F.S.
9
S. 125.0l(l)(w), F.S.
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Section 125.01, F.S., also provides:
• The enumeration of powers herein may not be deemed exclusive or restrictive, but is deemed to
incorporate all implied powers necessary or incident to carrying out such powers enumerated.
• The provisions of this section shall be liberally construed in order to effectively carry out the
purpose of this section and to secure for the counties the broad exercise of home rule powers
authorized by the State Constitution.
The governing body of a county also has the power to establish, and subsequently merge or abolish,
dependent special districts including both incorporated and unincorporated areas.
This delegation of home rule power to noncharter counties is broad. 10 Nevertheless, it is a legislative,
not a constitutional, grant of home rule power, and as such is subject to legislative regulation through
law in the same manner as is a municipality. 11
Noncharter counties must organize their governing body either in the traditional commission form or the
commission-administrator form of county government, which may be enacted by county ordinance. 12 If
an ordinance enacted by a noncharter county conflicts with a municipal ordinance, the county
ordinance is not effective within the municipality to the extent of the conflict. 13
Charter Counties
Pursuant either to general 14 or special law, a county government may be adopted by charter approved
by the county voters. A county with a charter has all powers of self-government not inconsistent with
general law or special law approved by the county voters. The governing body of a county operating
under a charter may enact county ordinances not inconsistent with general law. In the event of a
conflict between a county and municipal ordinance, the charter must provide which ordinance
prevails. 15
Article VIII, section 6(e) of the Florida Constitution incorporates by reference sections of the 1885
Constitution, providing unique authorization 16 for specific home rule charters including those of Duval 17
and Miami-Dade Counties. 18 Currently, 20 Florida counties have adopted charters. 19
The most significant distinction between charter and non-charter county power is the constitutional
provision for direct power of self-government to a county upon charter approval, whereas a non-charter
county has "such power of self-government as is provided by general or special law." Charter counties
possess greater home rule authority than non-charter counties, as follows 20 :
10
Santa Rosa County v. Gulf Power Corp., 635 So. 2d 96 (Fla. I st DCA. 1994).
11
David G. Tucker, A Primer On Counties and Municipalities - Part 1, 81 FLA. BAR J. 49 (2007).
12
See ss. 125.01(1), 125.72, F.S.
\3 Id.
14
S. 125.60, F.S.
15
FLA. CONST. art. VIII, s. l(g).
16
Article VIII, section 6(e) of the Florida Constitution, states that specific provisions for Duval, Miami-Dade, Monroe, and Hillsborough Counties
"shall remain in full force and effect as to each county affected, as if this article had not been adopted, until that county shall expressly adopt a
charter or home rule plan pursuant to this article."
17
The consolidated government of the City of Jacksonville was created by Ch. 67-1320, Laws of Fla., adopted pursuant to article VIII, section 9 of
the 1885 Florida Constitution.
18
Dade County, now known as Miami-Dade County, has unique home rule status. Article VIII, section 11(5) of the 1885 Florida Constitution, now
incorporated by reference in article VIII, section 6(e) of the 1968 Florida Constitution, further provided the Metropolitan Dade County Home Rule
Charter, and any subsequent ordinances enacted pursuant to the charter, may conflict with, modify, or nullify any existing local, special, or general
law applicable only to Dade County. Accordingly, Miami-Dade County ordinances enacted pursuant to the Charter may implicitly, as well as
expressly, amend or repeal a special act that conflicts with a Miami-Dade County ordinance. Effectively, the Miami-Dade Charter can only be altered
through constitutional amendment, general law, or County actions approved by referendum. Chase v. Cowart, 102 So. 2d 147, 149-50 (Fla. 1958).
19
Alachua, Brevard, Broward, Charlotte, Clay, Columbia, Duval (consolidated government with the City of Jacksonville, ch. 67-1320, Laws of Fla.),
Hillsborough, Lee, Leon, Miami-Dade, Orange, Osceola, Palm Beach, Pinellas, Polk, Sarasota, Seminole, Volusia, and Wakulla Counties. Local
Government Formation Manual 2018-2020, p. 4.
20
Id. at 4.
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• A special act of the Legislature may not diminish the home rule powers of a charter county
unless the act is approved by electors in the county. 21
• A county's charter may authorize the county to regulate an activity on a countywide basis and
provide that the county regulation prevails over any conflicting municipal ordinance. 22
• A charter county may levy any tax within its jurisdiction that is authorized by general law for a
municipality unless the general law prohibits levy by a county. 23
Municipalities2 4
A municipality is a local government entity created to perform functions and provide services for the
particular benefit of the population within the municipality, in addition to those provided by the county.
The term "municipality" may be used interchangeably with the terms "town," "city," and "village."
Article VIII, section 2 of the Florida Constitution provides that municipalities "shall have governmental,
corporate and proprietary powers to enable them to conduct municipal government, perform municipal
functions and render municipal services, and may exercise any power for municipal purposes except as
otherwise provided by law. 25
Chapter 166, F.S., also known as the Municipal Home Rule Powers Act, 26 acknowledges the
constitutional grant to municipalities of governmental, corporate, and proprietary power necessary to
conduct municipal government, functions, and services. 27 Chapter 166, F.S., provides municipalities
with broad home rule powers, respecting expressed limits on municipal powers established by the
Florida Constitution, applicable laws, and county charters. 28 Pursuant to these powers, approximately
32 Florida municipalities own, operate, and control electric utilities, and 26 municipalities own, operate
and control natural gas utilities.
Currently, there are approximately 412 municipalities in Florida. 29 With the exception of Miami-Dade
County, the Legislature is authorized to establish or abolish municipalities or amend their charters by
general or special law. 30 In Miami-Dade County, the Board of County Commissioners has exclusive
authority to provide a method for establishing new municipalities and prescribing their jurisdiction and
powers. 31
Special Districts32
Special districts are separate governmental entities existing for specific purposes and having
substantial fiscal and administrative independence from general purpose governments. Special districts
have existed in the United States for over 200 years and are found in every state and the District of
Columbia.
In Florida, special districts perform a wide variety of functions, such as providing fire protection
services, delivering urban community development services, and managing water resources. Special
districts typically are funded through ad valorem taxes, special assessments, user fees, or impact fees.
The Uniform Special District Accountability Act, ch. 189, F. S., generally governs the creation and
21
FLA. CONST. art. VIII, s. l(g).
22 Id.
23
McLeod v. Orange County, 645 So. 2d 411, 413 (Fla. 1994); State ex rel. Volusia County v. Dickerson, 269 So. 2d 9, 11 (Fla. 1972).
24
See generally Local Government Formation Manual 2018-2020, Chapter 2.
25
FLA. CONST. art. VIII, s. 2(b).
26
S. 166.011, F.S.
27
Local Government Formation Manual 2018-2020, p. 16.
28
S. 166.021(4), F.S.
29
See Local Government Formation Manual 2018-2020, Appendix E for a list of these cities and their dates of incorporation.
30
Local Government Formation Manual 2018-2020, p. 15.
31
FLA. CONST. art. Vlll, s. 6(e), incorporating 1885 FLA. CONST. art. vm, s. l l(e).
32
See generally Local Government Formation Manual 2018-2020, Chapter 5.
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operations of special districts; however, other general laws may more specifically govern the operations
of certain types of special districts.
As of February 28, 2021, there are 628 active dependent33 special districts and 1, 158 active
independent special districts in Florida. 34 Community development districts are the most frequently
created form of independent special district. Other common special districts in Florida include drainage
and water control districts, fire control districts, and community redevelopment districts. 35 Currently, one
special electric district and four special natural gas districts exist in Florida. 36
Intergovernmental Utility Authorities
The Florida lnterlocal Cooperation Act of 1969 (Act) allows local governmental units to make the most
efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual
advantage. 37 The Act provides that local governmental entities may jointly exercise their powers by
entering into a contract in the form of an interlocal agreement. 38 Under such an agreement, the local
governmental units may create a separate legal or administrative entity "to provide services and
facilities in a manner and pursuant to forms of governmental organization that will accord best with
geographic, economic, population, and other factors influencing the needs and development of local
communities." 39
In 1978, the Florida Municipal Power Agency (FMPA) was created through a series of interlocal
agreements under s. 163.01, F.S., to provide wholesale power supply to municipal electric utilities.
FMPA is currently owned by 31 municipalities. 40 Through various joint power supply projects 41 , it
supplies all of the electrical power needs of 13 member utilities (referred to as "All-Requirements
Project" or "ARP" members) and some of the power needs for seven other member utilities. Through
these projects, FMPA members maintain ownership interests in various electrical power plants
throughout Florida. FMPA manages the transmission of electrical power over facilities owned by FMPA
or its ARP members. FMPA also manages a "power pool" that includes the generating resources of its
All-Requirements Project, Lakeland Electric, and Orlando Utilities Commission. 42
33
Dependent special districts are under some control by a single county or municipality, whereas independent special districts do not have any
dependent characteristics. A special district that includes more than one county is independent unless it lies wholly within the boundaries of a single
municipality.
34
Florida Department of Economic Opportunity, Division of Community Development, Special District Accountability Program, Official List of
Special Districts Online, State Totals, hltp://dca.deo.myflorida.com/fhcd/sdip/OfficialListdeo/report.cfm (last visited Feb. 28, 2021).
35
Florida Department of Economic Opportunity, Division of Community Development, Special District Accountability Program, Official List of
Special Districts Online, Special District Function Totals at hltp://www.floridaiobs.org/communily-p lanning-and-development/assistan ce-for-
govcrnments-and-organi2ations/spccial-dislric1-accounlability-program (last visited Feb. 28, 2021 ).
36
See PSC, Facts & Figures of the Florida Utility Industry
hllp://www.psc.statc.fl.us/Files/PDF/ Publ ications/Rcports/Gencral/Factsandligurcs/ April%202020.pdf (last visited Feb. 28, 2021 ).
37
S. 163.01(2), F.S.
38
S. 163.01(5), F.S.
39
S. 163.01(2), F.S.
4
° Currently, FMPA serves the following municipalities: Alachua, Bartow, Blountstown, Bushnell, Chattahoochee, Clewiston, Fort Meade, Fort
Pierce, Gainesville, Green Cove Springs, Havana, Homestead, Jacksonville Beach, Key West, Kissimmee, Lake Worth, Lakeland, Leesburg, Moore
Haven, Mount Dora, New Smyrna Beach, Newberry, Ocala, Orlando, Quincy, St. Cloud, Starke, Vero Beach, Wauchula, Williston, and Winter Park.
FLORIDA MUNICIPAL POWER AGENCY, Members, hllp://fmpacom/about/memb·ers/ (last visited Feb. 28, 2021 ).
41
Section 361.12, F.S., authorizes any electric utility, or any organization, association, or separate legal entity whose membership consists only of
electric utilities, to join with any other such entity to finance, acquire, construct, manage, operate, or own an electric power supply project for the
joint generation or transmission of electrical energy, or both. Further, section 361.13, F.S., authorizes any such entity to purchase capacity or energy,
or both, in an agreed upon quantity from any project in which the purchaser has an ownership interest.
42
FLORIDA MUNICIPAL POWER AGENCY. For a list of the projects and the cities participating in each project, see FLORIDA MUNICIPAL POWER
AGENCY, Projects, hllps://fmpa.com/power- ' upply-proiects/ (last visited Feb. 28, 2021).
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Local Government Authority to Regulate Matters Related to Energy Infrastructure
Local Regulation of Oil and Gas Exploration and Production
While cities and counties do not operate oil and gas permitting programs in Florida, some, through their
land use regulations or zoning ordinances, require special exceptions for oil and gas activities or limit
oil and gas activities to certain zoning classifications. 43 When authorizing oil and gas exploration and
production activities, local governments consider factors such as consistency with their comprehensive
plan, injuries to communities or the public welfare, and compliance with zoning ordinances. 44
In certain instances, DEP may not issue a permit without specified approval. DEP may not issue
permits to drill a gas or oil well :
• Within the corporate limits of a municipality without a resolution approving the permit from the
governing authority;45
• In tidal waters abutting or immediately adjacent to the corporate limits of a municipality or within
3 miles of such corporate limits extending from the line of mean high tide into such waters
without a resolution approving the permit from the governing authority; 46 or
• On any improved beach, located outside of an incorporated town or municipality, or at a location
in the tidal waters abutting or immediately adjacent to an improved beach, or within 3 miles of
an improved beach extending from the line of mean high tide into such tidal waters without a
resolution approving the permit from the county commission. 47
If the proposed oil or gas well is on lands owned by the Board of Trustees of the Internal Improvement
Trust Fund (BOT), it may not grant a lease for gas, oil, or mineral rights:
• Within the corporate limits of a municipality without a resolution approving the lease from the
governing authority; 48
• In tidal waters abutting or immediately adjacent to the corporate limits of a municipality or within
3 miles of such corporate limits extending from the line of mean high tide into such waters
without a resolution approving the lease from the governing authority; 49
• On any improved beach, located outside of an incorporated town or municipality, or at a location
in the tidal waters abutting or immediately adjacent to an improved beach, or within 3 miles of
an improved beach extending from the line of mean high tide into such tidal waters without a
resolution approving the lease from the county commission ;50 or
• In Florida's territorial waters in the Gulf of Mexico or Atlantic Ocean. 51
Six municipalities (Estero, Bonita Springs, Coconut Creek, Cape Coral, Dade, and Zephyrhills) and
thirteen counties (Alachua , Bay, Brevard, Broward, Citrus, Indian River, Martin, Miami-Dade, Osceola,
Pinellas, St. Lucie, Volusia, Wakulla, and Walton) have banned one or more forms of well stimulation
techniques (commonly referred to as 'fracking') by ordinance. 52 Additionally, many other counties and
43
See, e.g., Lee County's Land Development Code§§ 34-1651 and 34-145(c).
44 id.
45
S. 377.24(5), F.S.
46 S. 377.24(6), F.S.
47
S. 377.24(7), F.S.
48
S. 253.6l(l)(a), F.S.
49 S. 253.6\(l)(b), F.S.
5o S. 253.6l(l)(c), F.S.
51
S. 253.6l(l)(d), F.S.
52
Village of Estero, Ordinance No. 2015-19; Bonita Spring's Land Development Code, Chapter 4, Article VI, Division 15, Section 4-1380; Coconut
Creek's Land Development Code, Article IV, Section 13-1000; City of Cape Coral, Ordinance §3.23; City of Dade, Ordinance No. 2016-08; City of
Zephyrhills, Ordinance No. 1310-16; Alachua County's Code of Ordinances, §77.13.5 ; Bay County's Land Development Regulation, §311; Brevard
County's Code of Ordinances, §46-375; Citrus County's Code of Ordinances, §66-133 ; Indian River County's Code of Ordinances, §317 .03 ; Osceola
County's Land Development Code, §4.12.3; Broward County's Code of Ordinances, §27-193; Martin County's Code of Ordinances, §67.441;
Miami-Dade County's Code of Ordinances, §33-437; Pinellas County's Code of Ordinances, §58-489; St. Lucie County' s Code of Ordinances,
Policy 6.1.5.7; Volusia County's Code of Ordinances, §50-42; Wakulla County's Code of Ordinances, §6-34; Walton County's Code of Ordinances,
§9-156.
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cities have passed resolutions supporting various types of bans and moratoriums relating to well
stimulation techniques. 53
Other Specific Authority Related to Energy Infrastructure
Chapter 403, F.S., provides for the regulation of air and water pollution control in Florida, which entails
a variety of pollution-related directives to DEP and delegates specific authority to local governments
concerning a number of issues. 54 For example, part II of ch. 403, F.S. provides a participatory role to
local governments related to power plant and transmission line siting, 55 including a consistency
determination with local land use plans, zoning ordinances, local environmental regulations, and other
standards 56 , and part VIII of ch. 403, F.S., provides a participatory role to local governments related to
the siting of natural gas transmission pipelines. 57
Additionally, general law provides specific authority for certain local governments to:
• Prepare and enforce comprehensive plans for the development of the county. 58
• Establish, coordinate, and enforce zoning and such business regulations as are necessary for
the protection of the public. 59
• Enter into contracts with utility companies or others for the supplying by such utility companies
or others of water, electricity, or telephone service to or in connection with any project. 60
• Construct, operate and maintain gas plants and distribution systems for domestic, municipal
and industrial uses; 61 construct such other buildings and facilities as may be required to properly
and economically operate and maintain such works; 62 and make all necessary rules or
regulations governing the use, control and operation of such works; 63
• Contract with private companies for the right to construct, operate and maintain gas plants and
distribution systems for domestic, municipal and industrial uses, including the privilege or
franchise of exercising its corporate powers for such terms of years and upon such conditions
and limitations as may be deemed expedient and for the best interest of the municipality, for up
to 30 years, provided that the rates or charges to be made by the private company to the
individual users of the utility are fixed by the municipality. 64
• Provide and regulate roads, rights-of-way, and related transportation facilities. 65
• Enforce the Florida Building Code and adopt and enforce local technical amendments thereto. 66
53
See Food & Water Watch, Local Regulations Against Fracking, http://ww w.foodandwalerwatch.org/insightllocal-resolu.tions-against-
fracking/H1orida (last visited Feb. 28, 2021 ). The page shows a list of local governments that passed resolutions against fracking.
54
Section 403.021(4), F.S., declares that "local and regional air and water pollution control programs are to be supported to the extent practicable as
essential instruments to provide for a coordinated statewide program of air and water pollution prevention, abatement, and control for the securing
and maintenance of appropriate levels of air and water quality" and s. 403.061(18), F.S., directs DEP to "Encourage local units of government to
handle pollution problems within their respective jurisdictions on a cooperative basis and provide technical and consultative assistance therefor."
55
Section 403.506(3), F.S., states that "the filing of an application shall not prevent an electric utility from seeking separate licenses for facilities that
are necessary to construct the electrical power plant. Licenses, permits, or approvals issued by any state, regional, or local agency for such facilities
shall be incorporated by the department into a final certification upon completion of construction." Section 403.50665, F.S.,
56
Ss. 403.50655, F.S. 403.507(2)(a)3., F.S., 403.526(2)(a)5., F.S.
57
Section 43.9405, F.S. states that "Except as otherwise provided in this section, the exemption of a natural gas transmission pipeline under ss.
403.9401-403.9425 does not constitute an exemption for the natural gas transmission pipeline from other applicable permitting processes under other
provisions of law or local government ordinances." Additionally, s. 403 .941, F. S., provides that "Each local government in which the natural gas
transmission pipeline or natural gas transmission pipeline corridor will be located shall prepare a report as to the impact of each proposed natural gas
transmission pipeline or corridor on matters within its jurisdiction, including the consistency of the proposed natural gas transmission pipeline or
corridor with all applicable local ordinances, regulations, standards, or criteria that apply to the proposed natural gas transmission pipeline or
corridor, including local comprehensive plans, zoning regulations, land development regulations, and any applicable local environmental regulations
adopted pursuant to s. 403.182 or by other means"
58 S. 125.0l(l)(g), F.S.
59 S. 125.0l(l)(h), F.S.
60
S. 125.012(19), F.S.
61
S. 180.06(8), F.S.
62 S. 180.06(9), F.S.
63
S. 180.13,F.S.
64
S. 180.14,F.S.
65
S. 125.0l(l)(m), F.S.
66 S. 125.0l(l)(bb), F.S.
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• To adopt, revise, and amend, from time to time, appropriate ordinances, rules, and regulations
reasonably necessary to maintain air quality standards established pursuant to state and federal
law, including the federal Clean Air Act. 67
• License the use of gas and power lines in right-of-ways. 68
• Issue development permits and orders. 69
• Code enforcement. 70
lnterlocal Service Boundary Agreements71
As an alternative process for annexation, the respective governing bodies of counties, municipalities, or
independent special districts may enter into an interlocal service boundary agreement, jointly
determining how services are provided to residents and property. 72 The statute creates a more flexible
process for adjusting municipal boundaries and addresses a wider range of the effects of annexation.
The purpose is to encourage intergovernmental coordination in planning, service delivery, and
boundary adjustments and to reduce conflicts and litigation between local entities. Local governments
may develop their own process for reaching an interlocal service boundary agreement meeting certain
requirements or use the process provided in statute.
One issue that may be addressed in an interlocal service boundary agreement is identifying services
and infrastructure not currently provided by an electric utility or a natural gas transmission company
(the law does not affect territorial agreements between electric or public utilities or affect the
determination of territorial disputes by the Florida Public Service Commission).
The agreement may address other issues related to service delivery and include the transfer of
services and infrastructure, fiscal compensation to one county, municipality, or independent special
district from another local government or special district, and provide for the joint use of facilities and
colocation of services. 73 The agreement may require the municipality to send the county a report on its
planned service delivery. 74 Finally, an interlocal service boundary agreement may be valid for up to 20
years, must include a provision requiring periodic review, and must require renegotiations to begin at
least 18 months before the termination date. 75
The ability of counties and municipalities to negotiate interlocal service boundary agreements does not
impair any existing franchise agreement or contract without the consent of the franchisee or contracting
party. Local governments retain their authority to negotiate franchise agreements for the use of public
rights-of-way and providing service. 76
67
S. 125.275, F.S.
68
S. 125.42, F.S.
69
Ss. 125.022, F.S. and 166.033, F.S.
70
S. 166.0415, F.S.
71
See generally Local Government Formation Manual 2018-2020, Chapter 3, Part XII.
72
Ch. 171, part II, F.S
73 S. l 71.203(6)(g)-(h), F.S.
74
S. l 71.203(6)(i), F.S.
75
S. 171.203(12), F.S.
76
See S. 171.203(19)-(20), F.S. "This part does not impair any existing franchise agreement without the consent of the franchisee, any existing
territorial agreement between electric utilities or public utilities under chapter 366, or the jurisdiction of the Public Service Commission to resolve a
territorial dispute involving electric utilities or public utilities in accordance with s. 366.04. In addition, an interlocal agreement entered into under
this section has no effect in a proceeding before the Public Service Commission involving a territorial dispute. A municipality or county shall retain
all existing authority, if any, to negotiate a franchise agreement with any private service provider for use of public rights-of-way or the privilege of
providing a service"
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State Regulation of Energy Infrastructure
Oil and Gas Exploration and Production
The Department of Environmental Protection's (DEP) Mining and Minerals Regulation Program in the
Division of Water Resource Management (Division) oversees permitting for oil and gas drilling,
production, and exploration within Florida through its Oil and Gas Program (Program). 77 The Program's
primary responsibilities include conserving and controlling the state's oil and gas resources and
products; protecting the correlative rights of landowners, owners and producers of oil and gas
resources and products, and others interested in these resources and products; safeguarding the
health, property, and public welfare of the state's residents; and protecting the environment. 78 DEP
addresses these concerns through a system of permits and field inspections to ensure compliance.
DEP must adopt rules and issue orders to implement and enforce the Program. 79 The rules and orders
must ensure that all precautions are taken to prevent the spillage of oil or any other pollutant in all
phases of the drilling for, and extracting of, oil, gas, or other petroleum products, or during the injection
of gas into and recovery of gas from a natural gas storage reservoir. 80 DEP must adopt rules and
orders for the following purposes:
• To require the drilling, casing, and plugging of wells to be done in such a manner as to prevent
the pollution of the fresh, salt, or brackish waters or the lands of the state and to protect the
integrity of natural gas storage reservoirs;
• To prevent the alteration of the sheet flow of water in any area;
• To require that appropriate safety equipment be installed to minimize the possibility of an
escape of oil or other petroleum products in the event of accident, human error, or a natural
disaster during drilling, casing, or plugging of any well and during extraction operations;
• To require the drilling, casing, and plugging of wells to be done in such a manner as to prevent
the escape of oil or other petroleum products from one stratum to another;
• To prevent the intrusion of water into an oil or gas stratum from a separate stratum;
• To require a reasonable bond, or other form of security acceptable to the department,
conditioned upon the performance of the duty to plug properly each dry and abandoned well
and the full and complete restoration by the applicant of the area over which geophysical
exploration, drilling, or production is conducted to the similar contour and general condition in
existence prior to such operation;
• To require and carry out a reasonable program of monitoring or inspection of all drilling
operations, producing wells, or injecting wells, including regular inspections by division
personnel;
• To require the making of reports showing the location of all oil and gas wells; the making and
filing of logs; the taking and filing of directional surveys; the filing of electrical, sonic, radioactive,
and mechanical logs of oil and gas wells; if taken, the saving of cutting and cores, the cuts of
which shall be given to the Bureau of Geology; and the making of reports with respect to drilling
and production records;
• To prevent wells from being drilled, operated, or produced in such a manner as to cause injury
to neighboring leases, property, or natural gas storage reservoirs;
• To prevent the drowning by water of any stratum, or part thereof, capable of producing oil or gas
in paying quantities and to prevent the premature and irregular encroachment of water which
reduces, or tends to reduce, the total ultimate recovery of oil or gas from any pool.
• To require the operation of wells with efficient gas-oil ratio, and to fix such ratios;
• To prevent "blowouts," "caving," and "seepage;"
• To prevent fires;
77
The Oil and Gas Program is governed by part I of ch. 377, F.S., and chs. 62C-25 through 62C-30, F.A.C.
78
S. 377.06, F.S.
79 S. 377.22(2), F.S.
so Id.
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• To identify the ownership of all oil or gas wells, producing leases, refineries, tanks, plants,
structures, and storage and transportation equipment and facilities;
• To regulate the "shooting," perforating and chemical treatment of wells;
• To regulate secondary recovery methods, including the introduction of gas, air, water, or other
substance into producing formations;
• To regulate gas cycling operations;
• To regulate the storage and recovery of gas injected into natural gas storage facilities;
• To, if necessary, determine, limit, and prorate the production of oil or gas, or both, from any pool
or field in the state;
• To require certificates of clearance or tenders in connection with the transportation or delivery of
oil or gas, or any product;
• To regulate the spacing of wells and to establish drilling units;
• To prevent, so far as is practicable, reasonably avoidable drainage from each developed unit
which is not equalized by counterdrainage;
• To require that geophysical operations requiring a permit be conducted in a manner which will
minimize the impact on hydrology and biota of the area, especially environmentally sensitive
lands and coastal areas;
• To regulate aboveground crude oil storage tanks in a manner which will protect the water
resources of the state; and
• To act in a receivership capacity for fractional mineral interests for which the owners are
unknown or unlocated and to administratively designate the operator as the lessee. 81
DEP possesses the power and authority to issue permits:
• For the drilling for, exploring for, or production of oil, gas, or other petroleum products that are to
be extracted from below the surface of the land, including submerged land, only through the well
hole drilled for oil, gas, and other petroleum products. 82
• To explore for and extract minerals that are subject to extraction from the land by means other
than through a well hole. 83
• To establish natural gas storage facilities or construct wells for the injection and recovery of any
natural gas for storage in natural gas storage reservoirs. 84
DEP may not permit to drill a well in search of oil or gas:
• In Florida's territorial waters in the gulf of Mexico or Atlantic Ocean; 85
• In bays or estuaries; 86
• Within one mile of coastline; 87
• Within 1 mile of seaward boundary of any local, state, or federal park or aquatic or wildlife
preserve; 88 and
• Within 1 mile inland from Gulf, Atlantic, any bay, or any estuary 1 mile of any freshwater lake,
river, or stream unless the DEP is satisfied that the natural resources of such bodies of water
and shore areas of the state will be adequately protected in the event of accident or blowout. 89
DEP monitors and inspects drilling operations, producing wells, or injecting wells. 90 Division staff
working in the field offices inspect all permitted activities. Each permit issued by DEP must contain an
agreement that the permit holder will not prevent inspection by Division personnel at any time. 91
81 Id.
82
S. 377.242(1), F.S.
83
S. 377.242(2), F.S.
84
S. 377.242(3), F.S.
85
Ss. 377.24(9) and 377.242(l)(a)5., F.S.
86
S. 377.242(l)(a)l., F.S.
87 S. 377.242(1 )(a)2., F.S.
88
S. 377.242(l)(a)3., F.S.
8
9 S. 377.242(l)(a)4., F.S.
90
Section 377.22(2)(g), F.S.
91
Section 377.242, F.S.
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Well Stimulation ("Fracking'J
Well stimulation refers to any action taken by a well operator to increase the inherent productivity of an
oil or gas well. 92 Common examples of well stimulation treatments are hydraulic fracturing and acid
fracturing. Both hydraulic fracturing and acid fracturing involve the pressurized injection of fluids and
chemicals to create fractures within a rock formation. The fractures then allow for more oil and gas to
escape the rock formation and migrate up the well.
DEP's rules currently require an operator to notify DEP before beginning any workover operation on an
oil or gas well. 93 A workover is defined as "an operation involving a deepening, plug back, repair,
cement squeeze, perforation, hydraulic fracturing, acidizing, or other chemical treatment which is
performed in a production, disposal, or injection well in order to restore, sustain, or increase production,
disposal, or injection rates." 94 Thus, an operator performing a well stimulation need not apply for a
separate permit authorizing the well stimulation, but must only provide notification to DEP before
beginning the operation.
Florida Public Service Commission
The Florida Public Service Commission ("PSC" or "commission") is an arm of the legislative branch of
government. 95 The role of the PSC is to ensure that Florida's consumers receive some of their most
essential services - electric, natural gas, telephone, water, and wastewater - in a safe, affordable, and
reliable manner. 96 In doing so, the PSC exercises regulatory authority over utilities in one or more of
three key areas: rate base/economic regulation; competitive market oversight; and monitoring of safety,
reliability, and service issues. 97
The PSC monitors the safety and reliability of the electric power grid 98 and may order the addition or
repair of infrastructure as necessary. 99 Further, the PSC reviews application to determine the need for
certain new electrical power plants 100 and certain large transmission lines 101 as part of DEP's siting
process.
Florida Solar Energy Center
In order to develop a sound energy policy relating to incident solar energy 102 in Florida and ensure that
solar energy systems manufactured or sold within the state are effective and represent a high level of
quality, the Legislature formed the Florida Solar Energy Center (FSEC) 103 in 1976 to serve as the
state's energy research institute. 104
92
Keith B. Hall, Recent Developments in Hydraulic Fracturing Regulation and Litigation, 29 J. LAND USE & ENVTL. L. 29, 22 (2013).
93
R. 62C-29.006(1), F.A.C.
94
R. 62C-25.002(6 l ), F.A.C.
95
s. 350.001, F.S.
96
FLA. PUBLIC SERVICE COMMISSION, The PSC 's Role, http://www.psc.s1atc.n.us (last visited Feb. 26, 2021 ).
97
Id. The PSC regulated five investor-owned electric companies, eight investor-owned natural gas utilities, and 151 investor-owned water and/or
wastewater utilities. While the PSC does not fully regulate publicly owned municipal or cooperative electric utilities, the Commission does have
jurisdiction, with regard to rate structure, territorial boundaries, bulk power supply operations, and planning, over 35 municipally owned electric
systems and 18 rural electric cooperatives. The PSC has jurisdiction, with regard to territorial boundaries and safety, over 27 municipally owned
natural gas utilities and 4 gas districts, and also exercises safety authority over all electric and natural gas systems operating in the state. FLA. PUBLIC
SERVICE COMMISSION, 2020 ANNUAL REPORT 14 (2020), hl!p://www.psc.state.n .us/Files/PD ·/ l'ublications/Reports/General /Annua lreports/2020.pdf.
(last visited Feb. 28, 2021 ).
98
S. 366.04(5) & (6), F.S.
99
S. 366.05(1) & (8), F.S.
100
S. 403.519, F.S.
101
S. 403.537, F.S.
102
"Incident" in the study of physics means "the striking of a ray of light, beam of electrons, etc., on a surface;" therefore, in this instance, "incident
solar energy" means solar energy from solar rays striking a building, etc. Dictionary.com, LLC, Incidence,
hup J/www.dictionary.com/browse/incidence (last visited Feb. 28, 2021 ).
103 S. 377.705(2)(a)-(b), F.S.
104
Florida Solar Energy Center, About Us, hllp ://www.fsec.ucf.edu/cn/about/indcx.hlm (last visited Feb. 26, 2021).
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All solar energy systems manufactured or sold in Florida must meet the standards set by FSEC. 105
FSEC also accepts standards and certifications for solar thermal products from the Solar Rating &
Certification Corporation (SRCC) 106 and the International Association of Plumbing and Mechanical
Officials 107 (IAPM0). 108 In addition, the current version of the Code provides that solar energy systems
installed in Florida are required to meet certain standards. 109
Florida Department of Agriculture and Consumer Services
The Florida Department of Agriculture and Consumer Services (FDACS) is responsible for the
administration of a number of programs relating to energy infrastructure, including the Renewable
Energy and Energy-Efficient Technologies Grants Program, 110 the Energy efficiency and conservation
clearinghouse, 111 the Florida Green Government Grants Act, 112 the Natural gas fuel fleet vehicle rebate
program, 113 as well as statutory authorization to allocate federal energy conservation bonds 114 and to
post information on its website relating to alternative fueling stations or electric vehicle charging
stations that are available for public use. 115
Preemption
Local governments have broad authority to legislate on any matter that is not inconsistent with federal
or state law. A local government enactment may be inconsistent with state law if (1) the Legislature
"has preempted a particular subject area" or (2) the local enactment conflicts with a state statute.
Where state preemption applies it precludes a local government from exercising authority in that
particular area. 116
Florida law recognizes two types of preemption: express and implied. Express preemption requires a
specific legislative statement; it cannot be implied or inferred. 117 Express preemption of a field by the
105
s. 377.705(4)(d), F.S.
106
SRCC produces solar thermal standards and certifications which are widely used globally. Solar Rating & Certification Corporation, About Us -
General, hllps://so lar- rating.org/ (last visited Feb. 28, 2021 ).
107
IAPMO certifies solar thermal products for use in North America. International Association of Plumbing and Mechanical Officials, Solar Product
Certification, hllp ://www.iapmort.org/Pages/SolarCertilication.aspx (last visited Feb. 28, 2021 ).
108
Florida Solar Energy Center, Testing and Certification, ht!p://www.fscc.ucCcdu/En/ccrli frcation-tcs(ing/i ndex .htm (last visited Feb. 28, 2021 ).
109
Chapter 14 of the 5th edition of the Florida Building Code (Mechanical), Chapters 9 and 23 of the 5th edition of the Florida Building Code
(Residential), Chapter 15 of the 5th edition of the Florida Building Code (Building), and Chapter 4 of the 5th edition of the Florida Building Code
(Energy Conservation).
110
Section 377.804, F.S., is established within FDACS "to provide renewable energy matching grants for demonstration, commercialization,
research, and development projects relating to renewable energy technologies and innovative technologies that significantly increase energy
efficiency for vehicles and commercial buildings."
111
Section 377.805, F.S., states that "The Office of Energy within the Department of Agriculture and Consumer Services, in consultation with the
Public Service Commission, the Florida Building Commission, and the Florida Energy Systems Consortium, shall develop a clearinghouse of
information regarding cost savings associated with various energy efficiency and conservation measures."
112
Section 377.808, F.S., directs FDACS to "use funds specifically appropriated to award grants under this section to assist local governments,
including municipalities, counties, and school districts, in the development and implementation of programs that achieve green standards. Green
standards shall be determined by the department and shall provide for cost-efficient solutions, reducing greenhouse gas emissions, improving quality
of life, and strengthening the state's economy."
113
Section 377.810, F.S., establishes the program within FDACS "to help reduce transportation costs in this state and encourage freight mobility
investments that contribute to the economic growth of the state."
114
S. 37.816, F.S.
115
S. 377.815, F.S.
116
Wolf, The Effectiveness of Home Rule: A Preemptions and Conflict Analysis, 83 Fla. B.J. 92 (June 2009). Historically, certain types of local action
have been found to frustrate the purpose of state law, and, thus, conflict has resulted. Specifically, Florida jurisprudence makes clear that local action
cannot 1) provide for more stringent regulation than the state legislation in violation of the express wording of the statute; 2) provide for a more
stringent penalty than that allowed by state statute; 3) prohibit behavior otherwise allowed by state legislation; 4) allow behavior otherwise prohibited
by state statute; or 5) provide for a different method for doing a particular act than the method proscribed by state legislation.
Generally, a local government can pass more stringent regulations than those provided for by statute. However, if the state legislation expressly
forbids a stricter regulation or if the imposition of a stricter regulation frustrates the purpose of the statute, the local government must abstain
117
See City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006); Phantom of Clearwater, Inc. v. Pinellas County, 894 So. 2d 1011, 1018
(Fla. 2d DCA 2005), approved in Phantom of Brevard, Inc. v. Brevard County, 3 So. 3d 309 (Fla. 2008).
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Legislature must be accomplished by clear language stating that intent. 118 In cases where the
Legislature expressly or specifically preempts an area, there is no problem with ascertaining what the
Legislature intended. 119 In cases determining the validity of ordinances enacted in the face of state
preemption, the effect has been to find such ordinances null and void. 120
Effect of the Bill
The bill creates s. 377.707, F.S., relating to state preemption of energy infrastructure regulation.
The bill prohibits local governments from implementing any law, ordinance, regulation, policy, or
resolution that prohibits, restricts, or requires, or that has the effect of prohibiting, restricting, or
requiring, the construction of new energy infrastructure or the expansion, upgrading, or repair of
existing energy infrastructure, or imposing any requirement regulating energy infrastructure that is more
stringent than state law or DEP rule.
The bill expressly preempts the regulation of energy infrastructure to the state, and specifies that any
existing or future law, ordinance, regulation, policy, or resolution that is contrary to the preemption is
void.
The bill defines the term "energy infrastructure" as "infrastructure supporting the production,
importation, storage, and distribution of natural gas, petroleum, petroleum products, electricity,
renewable fuels, solar energy, wind energy, biomass energy, hydrogen energy, and geothermal
energy."
The bill provides a Legislative finding which recognizes that affordable, reliable, and sustainable energy
throughout the state is dependent upon energy infrastructure networks extending beyond local
government boundaries and recognizes the importance of consumer choice in the energy market.
B. SECTION DIRECTORY:
Section 1 Creates s. 377.707, F.S.; providing a definition; providing legislative findings; intent;
prohibiting a local government from regulating energy infrastructure; preempting such
regulation to the state;
Section 2 Provides for an effective date
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
Indeterminate. See Fiscal Comments.
2. Expenditures:
Indeterminate. See Fiscal Comments.
118
Mulligan, 934 So. 2d at 1243.
119
Sarasota Alliance for Fair Elections, Inc. v. Browning, 28 So. 3d 880,886 (Fla. 2010).
120
See, e.g., Nat'/ Rifle Ass 'n ofAm., Inc. v. City of S. Miami, 812 So.2d 504 (Fla. 3d DCA 2002).
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B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
Indeterminate. See Fiscal Comments.
2. Expenditures:
Indeterminate. See Fiscal Comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Indeterminate. See Fiscal Comments.
D. FISCAL COMMENTS:
Due to the breadth of the bill's preemption provisions, the potential fiscal impacts to government and
the direct economic impact on the private sector cannot be determined.
Ill. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
Article I, section 10 of the Florida Constitution prohibits the passage of any law which impairs the
obligation of contracts. The Florida Supreme Court has held that, relating to the interpretation of
substantive changes to statutory law, the general rule is that in the absence of clear legislative intent
to the contrary, a law affecting substantive rights, liabilities and duties is presumed to apply
prospectively but not retroactively. 121 Florida courts have also held that "Even where the Legislature
has expressly stated that a statute will have retroactive application, this Court will reject such an
application if the statute impairs a vested right, creates a new obligation, or imposes a new
penalty." 122
Current law authorizes local governments to provide and contract for certain services related to
energy infrastructure. To the extent that the bill would retroactively abrogate such authority and
impair a local government's vested rights or contractual obligations, the bill might impair a local
government's ability to satisfy a contractual obligation.
B. RULE-MAKING AUTHORITY:
None.
121
Smiley v. State, 966 So. 2d 330, 336 (Fla. 2007). See also Eric Glazer and Louis Goetz, Florida Community Association Law: Contracts Clause
Application In An Ever-Changing Legislative Landscape, Florida Bar Journal, Vol. 89, No. 8 (Sept/Oct. 2015). "In Florida, all laws are presumed to
apply prospectively, unless they are remedial in nature, or designed to clarify law already in effect, and the legislature clearly expresses its intention
that the law is to apply retroactively."
122
Menendez v. Progressive Exp. Ins. Co., Inc., 35 So.3d 873 (Fla. 20 I 0).
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C. DRAFTING ISSUES OR OTHER COMMENTS:
It is unclear whether existing state law granting local governments specific authority to regulate in the
area of energy infrastructure (as well as the local regulations stemming from such authority) would be
rendered void by the bill.
Additionally, the bill prohibits local regulations that" ... have the effect of prohibiting, restricting or
requiring, the construction of new energy infrastructure or the expansion, upgrading, or repair or
existing energy infrastructure ... " This language could have the effect of rendering void a wide array of
local regulations that only incidentally affect or are incidentally related to energy infrastructure. Due to
the breadth of this language and the variation in local government regulations, these impacts cannot be
determined.
It is unclear whether the bill would impact a local government's ability to implement ordinances or
policies related to the operation of their own electric and natural gas utility infrastructure.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
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DATE: 3/2/2021
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 839 2021
1 A bill to be entitled
2 An act relating to state preemption of energy
3 infrastructure regulation; creating s. 377.707, F.S.;
4 providing a definition; providing legislative
5 findings; intent; prohibiting a local government from
6 regulating energy infrastructure; preempting such
7 regulation to the state; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Section 377.707, Florida Statutes, is created
12 to read:
13 377.707 State preemption of energy infrastructure
14 regulation.-
15 (1 ) As used in this section, the term "energy
16 infrastructure" means infrastructure supporting the production,
17 importation, storage, and distribution of natural gas,
18 petroleum, petroleum products, electricity, renewable fuels,
19 solar energy, wind energy, biomass energy, hydrogen energy, and
20 geothermal ener gy.
21 (2) The Legislature recognizes that affordable, reliable,
22 and sustainable energy throughout the state is dependent upon
23 energy infrastructure networks extending beyond local government
24 boundaries and recognizes the importance of consumer choice in
25 the energy market.
Page 1 of 2
CODING: Words strisken are deletions; words underlined are additions.
hb0839-00
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 839 2021
26 (3) A local government is prohibited from implementing any
27 law, ordinance, re gu lation, p olicy , or resolution that
28 prohibits, restricts, or requires, or that has the effect of
29 prohibiting, restric ting , or requiring, the construction of new
30 energy infrastructure or the expansion, upgrading, or repair of
31 existing energy infrastructure, or imposing any requirement
32 regulatinq energy infrastructure that is more stringent than
33 state law or department rule. Regulation of energy
34 infrastructure is expressly preempted to the state.
35 {4 ) Any ex isting or future law, ordinance, regulation,
36 policy, or resolution that is contrary to this section is void.
37 Section 2. This act shall take effect July 1, 2021.
Page 2 of 2
CODING: Words striokeR are deletions; words underlined are additions.
hb0839-00
TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE
HB 839 by Rep. Fabricio
State Preemption of Energy Infrastructure Regulation
AMENDMENT SUMMARY
March 3, 2021
Amendment 1 by Rep. Fabricio (Strike-all amendment):
The strike-all amendment:
• Limits the scope of the bill to “transportation energy infrastructure”.
• Defines the term “transportation energy infrastructure”.
o Establishes prohibitions on certain local government regulations and
requirements related to transportation energy infrastructure, except as authorized
by general law.
• Provides an exception for a local government to adopt, implement, modify, and enforce
applicable federal and state requirements for transportation energy infrastructure
including safety and building standards, provided it does not conflict with federal or state
safety and security requirements for transportation energy infrastructure.
• Provides that any existing or future law, ordinance, regulation, policy, or resolution that is
contrary to the bill is void.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 839 (2021)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Tourism, Infrastructure &
2 Energy Subcommittee
3 Representative Fabricio offered the following:
4
5 Amendment (with title amendment)
6 Remove everything aft er the enacting clause and insert:
7 Section 1. Section 377.707, Florida Statutes, is created to
8 read:
9 377.707 State preemption of transportation energy
10 infrastructure regulation. -
11 (1) As used in this section, the term "transportation
12 energy infrastructure" means infrastructure supporting the
13 production, import, storage, and distribution of fu els used for
14 transportati on including, but not limited to, petrole um,
15 petroleum products, gasoline, diesel fuel, motor fuel,
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Page 1 of 4
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 839 (2021)
Amendment No. 1
16 alternative fuel, marine fuel, aviation fuel, renewable fuel,
17 natural gas, hydrogen, and electricity.
18 (2) The Legislature finds that affordable, reliable, and
19 sustainable transportation energy throughout the state is
20 dependent upon transportation energy infrastructure networks
21 extending beyond local government boundaries and recognizes the
22 importance of consumer choice in the transportation energy
23 market. Therefore, the regulation of transportation energy
24 infrastructure is expressly preempted to the state.
25 (3) Except as authorized by general law, a local
26 government is prohibited from:
27 (a) Adopting or implementing any law, ordinance,
28 regulation, policy, or resolution that prohibits, restricts, or
29 requires, or that has the effect of prohibiting, restricting, or
30 requiring, the construction of new transportation energy
31 infrastructure or the expansion, upgrading, or repair of
32 existing transportation energy infrastructure, or imposing any
33 requirement regulating transportation energy infrastructure that
34 is more stringent than state law or department rule, except for
35 local ordinances regulating underground petroleum storage system
36 construction, operation, and maintenance that were enacted
37 pursuant to s. 376.317(3) (a).
38 (b) Amending its comprehensive plan, land use map, zoning
39 districtsI or land development regulations in a manner that
40 would conflict with an existing transportation energy
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 839 (2021)
Amendment No. 1
41 infrastructure classification as a permitted and allowable use
42 including, but not limited to, an amendment that causes an
43 existing transportation energy infrastructure to be a
44 nonconforming use, structure, or development.
45 (c) Imposing transportation energy infrastructure
46 requirements that are more stringent than state law or
47 department rule.
48 (4) This section does not limit the authority of a local
49 government to adopt, implement, modify, and enforce applicable
50 federal and state requirements for transportation energy
51 infrastructure including safety and building standards. However,
52 the exercise of local authority may not conflict with federal or
53 state safety and security requirements for transportation energy
54 infrastructure.
55 (5) Any existing or future law, ordinance, regulation,
56 policy, or resolution that is contrary to this section is void.
57 ------------------ ---- ----------- -- ------- --------- --
58 TITLE AMENDMENT
59 Remove everything before the enacting clause and insert:
60 An act relating to state preemption of transportation energy
61 infrastructure regulation; creating s. 377.707, F.S.; providing
62 a definition; providing legislative findings; preempting
63 regulation of transportation energy infrastructure to the state;
64 prohibiting a local government from regulating transportation
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 839 (2021)
Amendment No. 1
65 energy infrastructure; providing an exception; providing
66 construction; providing an effective date.
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J:
DJ
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0
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 6059 Composition of the Multi-use Corridors of Regional Economic Significance Program
SPONSOR(S): Shoaf
TIED BILLS: IDEN./SIM. BILLS: SB 1590
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee Johnson
2) Commerce Committee
SUMMARY ANALYSIS
In 2019, the Legislature created the Multi-use Corridors of Regional Economic Significance (M-CORES)
program within the Department of Transportation (DOT) . The purpose of the program is to revitalize rural
communities, encourage job creation, and provide regional connectivity while leveraging technology,
enhancing quality of life and public safety, and protecting the environment and natural resources . M-CORES is
composed of the following corridors:
• Southwest-Central Florida Connector, extending from Collier County to Polk County.
• Suncoast Connector, extending from Citrus County to Jefferson County.
• Northern Turnpike Connector, extending from the northern terminus of the Florida Turnpike northwest
to the Suncoast Parkway.
The bill removes the words "to Jefferson County" from the description of the Suncoast Connector, thus
providing that the Suncoast Connector extends from Citrus County without a specified terminus.
The bill does not appear to have a fiscal impact on state or local governments.
The bill has an effective date of July 1, 2021 .
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h6059.TIE.DOCX
DATE : 3/1/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
In 2019, the Legislature passed CS/SB 7068, creating the Multi-use Corridors of Regional Economic
Significance (M-CORES) program within the Department of Transportation (DOT). 1 The purpose of the
program is to revitalize rural communities, encourage job creation, and provide regional connectivity
while leveraging technology, enhancing quality of life and public safety, and protecting the environment
and natural resources. The objective of the program is to advance the construction of regional corridors
that are intended to accommodate multiple modes of transportation and multiple types of infrastructure.
The intended benefits of the program include, but are not limited to, addressing issues such as:
• Hurricane evacuation.
• Congestion mitigation.
• Trade and logistics.
• Broadband, water, and sewer connectivity.
• Energy distribution.
• Autonomous, connected, shared, and electric vehicle technology.
• Other transportation modes.
• Mobility as a service.
• Availability of a trained workforce skilled in traditional and emerging technologies.
• Protection or enhancement of wildlife corridors or environmentally sensitive areas.
• Protection or enhancement of primary springs protection zones and farmland preservation
areas. 2
M-CORES is composed of the following corridors:
• Southwest-Central Florida Connector, extending from Collier County to Polk County.
• Suncoast Connector, extending from Citrus County to Jefferson County.
• Northern Turnpike Connector, extending from the northern terminus of the Florida Turnpike
northwest to the Suncoast Parkway. 3
The M-CORES program required DOT to establish task forces for each of the above corridors to serve
as a consensus building mechanism regarding each of the corridors. The Final Task Force Reports for
each corridor were released in November 2020. 4 Each report identified a series of potential high-level
needs for DOT's future evaluation and developed recommendations for how DOT should assess the
need for each corridor. 5
Effect of the Bill
The bill removes the words "to Jefferson County" from the description of the Suncoast Connector in s.
338.2278(2)(b), F.S.; thus, providing that the Suncoast Connector extends from Citrus County without a
specified terminus.
1
Ch. 2019-43, L.O.F.
2
S. 338.2278(1), F.S.
3
S. 338.2278(2), F.S.
4
Copies of all three task force reports are available at: https://floridamcores.com/ (last visited February 24, 2021)
5
M-CORES Suncoast Connector Task Force Report, p. 6. Available at https://floridamcores.com/wp-content/uploads/2020/11/M-
CORES_SCC_FinalTaskForceReport.pdf (last visited February 24, 2020)
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DATE: 3/1/2021
8. SECTION DIRECTORY:
Section 1 Amends s. 338.2278, F.S., relating to Multi-use Corridors of Regional Economic
Significance.
Section 2 Provides an effective date of July 1, 2021 .
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The bill does not appear to impact state government revenues.
2. Expenditures:
The bill does not appear to impact state government expenditures.
8. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
The bill does not appear to impact local government revenues.
2. Expenditures:
The bill does not appear to impact local government expenditures.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
Ill. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to impact county or municipal governments.
2. Other:
None.
8. RULE-MAKING AUTHORITY:
This bill does not provide a grant of rulemaking, nor does it require rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
By removing the terminus for the Suncoast Connector, the bill creates ambiguity as to the desired
direction and purpose of that corridor.
STORAGE NAME: h6059.T1E.D0CX PAGE: 3
DATE: 3/1/2021
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
Not applicable.
STORAGE NAME: h6059.TIE .D0CX PAGE: 4
DATE: 3/1/2021
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 6059 2021
1 A bill to be entitled
2 An act relating to the composition of the Multi-use
3 Corridors of Regional Economic Significance Program;
4 amending s. 338.2278, F.S.; removing a certain
5 regional corridor terminus from the program; providing
6 an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Paragraph (b) of subsection (2) of section
11 338.2278, Florida Statutes, is amended to read:
12 338.2278 Multi-use Corridors of Regional Economic
13 Significance Program.-
14 (2) The program is composed of all of the following
15 corridors:
16 (b) Suncoast Connector, extending from Citrus County .:e-e-
17 Je f fcrson County.
18 Section 2. This act shall take effect July 1, 2021.
Page 1 of 1
CODING: Words striskeA are deletions; words underlined are additions.
hb6059-00
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