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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/, SHA-256 74c63fc669e0b6e0963d91fdef364a942993a5cb104bb021843d60be24fe8f0b.

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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       WITHDRAWN                   (Y/N)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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                                  Page 1 of 3
                                          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.
STORAGE NAME: h0753.TIE .D0CX                                                                                                    PAGE: 5
DATE: 3/1/2021
                 •    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.
STORAGE NAME: h0753.TIE.DOCX                                                                                     PAGE: 6
DATE: 3/1/2021
        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




STORAGE NAME: h0753.TIE.DOCX                                                                                PAGE: 7
DATE: 3/1/2021
       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.
STORAGE NAME: h0753.TIE.DOCX                                                                                   PAGE: 8
DATE: 3/1/2021
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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        HB 753                                                                     2021




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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        HB 753                                                                                       2021




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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         HB 753                                                                         2021




 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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         HB 753                                                                    2021




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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         HB 753                                                                       2021



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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         HB 753                                                                 2021




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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         HB 753                                                                   2021



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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         HB 753                                                                            2021




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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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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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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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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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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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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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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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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 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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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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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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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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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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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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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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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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                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      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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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     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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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    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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                                   Page 15 of 15
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.
STORAGE NAME: h0839.TIE.D0CX                                                                                                                          PAGE: 7
DATE: 3/2/2021
                •    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"
STORAGE NAME: h0839.TIE .DOCX                                                                                                                      PAGE: 8
DATE: 3/2/2021
          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.
STORAGE NAME: h0839.TIE.D0CX                                                                                         PAGE: 9
DATE: 3/2/2021
                •    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.
STORAGE NAME: h0839.TIE.D0CX                                                                                     PAGE: 10
DATE: 3/2/2021
           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).
STORAGE NAME: h0839.TIE.D0CX                                                                                                                         PAGE: 11
DATE: 3/2/2021
          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).
STORAGE NAME: h0839.T1E.D0CX                                                                                                                   PAGE: 12
DATE: 3/2/2021
           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).
STORAGE NAME: h0839.TIE .D0CX                                                                                    PAGE: 13
DATE: 3/2/2021
      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).
STORAGE NAME: h0839.TIE.DOCX                                                                                                                    PAGE: 14
DATE: 3/2/2021
    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




STORAGE NAME: h0839.TIE.D0CX                                                                               PAGE: 15
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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                                   Page 2 of 4
                                           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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                                    Page 3 of 4
                                         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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                                  Page 4 of 4
J:
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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)
STORAGE NAME: h6059.TIE.DOCX                                                                                           PAGE: 2
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.




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                                                                                   hb6059-00


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