Commerce Committee — Meeting Packet (February 28, 2022)

Summary

This is the meeting packet of the Florida House of Representatives Commerce Committee for Monday, February 28, 2022, with Blaise Ingoglia as Chair. The agenda lists CS/CS/HB 1419, Financial Assistance for Municipal Solid Waste-to-Energy Facilities, and proposed committee substitutes for HB 577 (Tenant Safety), HB 1543 (Broadband Infrastructure) and HB 1545 (Broadband Pole Replacement Trust Fund). The packet includes the staff analysis of CS/CS/HB 1419, which would create a Municipal Solid Waste-to-Energy Program in the Department of Agriculture and Consumer Services, with grants of two cents per kilowatt-hour and a $100 million appropriation for 2022-2023, and an effective date of July 1, 2022.

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“Commerce Committee — Meeting Packet (February 28, 2022).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-02-28-3098-commerce-committee-meeting-packets-fn-com-2-28-22-e0d12d7df9/, SHA-256 03c0e5108048cfc35aece6cd998232ea230f5fa0b0aba4158220a89a97c2523a.

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Commerce Committee
Monday, February 28, 2022
1:00 PM – 3:00 PM
Webster Hall (212 Knott)

Meeting Packet

Chris Sprowls Blaise Ingoglia
Speaker Chair
The Florida House of Representatives
Commerce Committee

Chris Sprowls Blaise Ingoglia
Speaker Chair

Meeting Agenda

Monday, February 28, 2022
1:00 PM – 3:00 PM
Webster Hall (212 Knott)

I. Call to Order

II. Roll Call

III. Welcome and Opening Remarks

IV. Consideration of the following bill(s):

• CS/CS/HB 1419 Financial Assistance for Municipal Solid Waste-to-Energy Facilities
by Appropriations Committee, Tourism, Infrastructure & Energy Subcommittee,
Mariano

Consideration of the following proposed committee substitute(s):

• PCS for CS/CS/HB 577 -- Tenant Safety

• PCS for HB 1543 -- Broadband Infrastructure

• PCS for HB 1545 -- Trust Funds/Broadband Pole Replacement Trust Fund/DEO

V. Closing Remarks

VI. Adjournment

303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
(850) 717-4870
CS/CS/HB 1419
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1419 Financial Assistance for Municipal Solid Waste-to-Energy Facilities
SPONSOR(S): Appropriations Committee, Tourism, Infrastructure & Energy Subcommittee, Mariano
TIED BILLS: IDEN./SIM. BILLS: SB 1764

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Tourism, Infrastructure & Energy Subcommittee 13 Y, 4 N, As CS Walsh Keating

2) Appropriations Committee 22 Y, 1 N, As CS White Pridgeon

3) Commerce Committee Walsh Hamon

SUMMARY ANALYSIS
Energy recovery from waste is the conversion of non-recyclable waste materials into useable heat, electricity,
or fuel. Municipal solid waste (MSW), otherwise known as trash or garbage, can be used to produce energy at
Waste-to-Energy (WTE) plants and landfills. For over 30 years, WTE has been a part of Florida’s solid waste
management program. Florida has the largest MSW burn capacity in the country.

Utilities are required to purchase power, at the utility’s full avoided cost, from “qualifying facilities” (QF) which
fall into two categories: qualifying small power production facilities and qualifying cogeneration facilities. In
Florida, investor-owned utilities (IOUs) must annually establish and file with the Public Service Commission
(PSC) a standard offer contract with terms, conditions, and payments based on projected costs for each fossil-
fueled generating unit type identified in the IOU’s ten-year site plan. Payment terms and conditions for QFs are
based on the projected cost to construct and operate the IOU’s next planned generation unit. The standard
offer contract provides a basis for developing negotiated contracts. “As-available” energy contracts are also an
option for QFs, including municipal solid waste-to-energy (MSWE) facilities.

The bill creates the Municipal Solid Waste-to-Energy Program (program) within the Department of Agriculture
and Consumer Services (DACS). The program provides financial assistance grants to MSWE facilities that
experience a reduction in capacity payments upon renewal or amendment of an existing contract with an IOU.
Under the bill, the financial assistance grants will provide MSWE facilities funding at a rate of two cents per
kilowatt-hour of electricity purchased by an electric utility during the preceding state fiscal year, not to exceed
the total of the capacity and energy payment the MSWE facility received during the last year of its prior power
purchase agreement with the utility entered into before January 1, 2022, and the total of the capacity and
energy payment the MSWE facility received under a new or amended power purchase agreement during the
preceding fiscal year.

The program also provides incentive grants, which will provide facilities with matching funds on a dollar-for-
dollar basis to assist with planning and design for constructing, upgrading, or expanding MSWE facilities,
including necessary legal or administrative expenses. The bill authorizes DACS to adopt rules to implement the
program.

The bill provides a $100 million appropriation in recurring funds from the General Revenue Fund to DACS for
the 2022-2023 fiscal year for the new program. The bill also appropriates $149,832 in recurring funds and
$9,984 in nonrecurring funds from the General Revenue Fund and two full-time equivalent positions to DACS
for the 2022-2023 fiscal year to assist with the program. The bill may result in a positive fiscal impact to local
revenues if publicly-owned MSWE facilities qualify for the program.

The bill provides an effective date of July 1, 2022.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

Municipal Solid Waste-to-Energy

Energy recovery from waste is the conversion of non-recyclable waste materials into useable heat,
electricity, or fuel. This process is often called waste-to-energy (WTE), and the conversion may use a
few different methods, including combustion, gasification, pyrolization, anaerobic digestion, and landfill
gas recovery.1

Municipal solid waste (MSW), otherwise known as trash or garbage, can be used to produce energy at
WTE plants and landfills.2 At this type of facility, MSW is typically unloaded from collection trucks and
placed in storage, then an overhead crane sorts the waste and lifts it into a combustion chamber to be
burned. The heat released from burning converts water to steam in a boiler that is used to generate
electricity.3,4 MSW may contain:
 Biomass or biogenic (plant or animal products) materials such as paper, cardboard, food waste,
grass clippings, leaves, wood, and leather products;
 Nonbiomass combustible materials such as plastics and other synthetic materials made from
petroleum; and
 Noncombustible materials such as glass and metals. 5

In 2018, about 12 percent of the 292 million tons of MSW produced in the U.S. was burned in WTE
plants.6 The remaining MSW was managed as follows:
 50 percent was landfilled;
 23.6 percent was recycled;
 8.5 percent was composted; and
 6.1 percent is listed as “other.”7

In 2020, 65 U.S. power plants generated around 13.5 billion kilowatt-hours of electricity from 25 million
tons of MSW. In addition to producing electricity, WTE is a waste management option. Utilizing WTE
methods reduces the amount of material otherwise buried in landfills by about 87 percent. A WTE plant
can reduce 2,000 pounds of MSW down to around 300 to 600 pounds of ash.8

Energy recovery from waste is encouraged by the U.S. Environmental Protection Agency and is
recognized as a renewable energy source. WTE facilities produce relatively clean, renewable energy
through the combustion of municipal solid waste in specially designed power plants equipped with
pollution control equipment to clean emissions.9

Municipal Solid Waste-to-Energy in Florida

1 U.S. Environmental Protection Agency, Energy Recovery from the Combustion of Municipal Solid Waste (MSW),
https://www.epa.gov/smm/energy-recovery-combustion-municipal-solid-waste-msw (last visited Feb. 9, 2022).
2 U.S. Energy Information Admin., Biomass explained, Waste-to-energy (Municipal Solid Waste), Basics,

https://www.eia.gov/energy explained/biomass/waste -to-energy.php (last visited Feb. 9, 2022).
3 U.S. Energy Information Admin., Biomass explained, Waste-to-energy (Municipal Solid Waste), In Depth, How waste-to-

energy plants work , https://www.eia.gov/energyexplained/biomass/waste-to-energy-in-depth.php (last visited Feb. 9,
2022).
4 U.S. Environmental Protection Agency, supra note 1.
5 U.S. Energy Information Admin., supra note 2.
6 Id.
7 Id.
8 Id.
9 U.S. Environmental Protection Agency, supra note 1.
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For over 30 years, WTE has been a part of Florida’s solid waste management program. 10 In the 1993
revisions to the 1988 Solid Waste Management Act, the Legislature recognized the need to use an
integrated approach to municipal solid waste management by using waste reduction, recycling, WTE
facilities, and landfills.11

Current law defines the term “waste-to-energy facility” as a facility that uses an enclosed device using
controlled combustion to thermally break down solid, liquid, or gaseous combustible solid waste to an
ash residue that contains little or no combustible material and that produces electricity, steam, or other
energy as a result. Under current law, the term does not include facilities that primarily burn fuels other
than solid waste even if such facilities also burn some solid waste as a fuel supplement. 12,13

Florida has the largest MSW burn capacity of any state in the country. The state went from having one
small WTE plant in 1982 to twelve operating WTE facilities as of 2017.14 The following counties have at
least one facility:
 Bay
 Broward
 Miami-Dade
 Hillsborough
 Lake
 Palm Beach
 Pasco
 Pinellas 15

Florida Public Service Commission and Regulation of Investor-Owned Electric Utilities

The Florida Public Service Commission (PSC) is an arm of the legislative branch of government. 16 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. 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.17

The PSC regulates the rates and services of investor-owned electric utilities (IOUs). There are four
IOUs in Florida: Florida Power & Light Company (FPL), 18 Duke Energy Florida (Duke), Tampa Electric
Company (TECO), and Florida Public Utilities Corporation. 19 Together, these four IOUs serve over 8.1
million customers in Florida.20 IOU rates and revenues are regulated by the PSC.21 The IOUs must file
periodic earnings reports, which allow the PSC to monitor earnings levels on an ongoing basis and

10 See s. 403.7061(1), F.S.
11 Id.
12 S. 403.1061, F.S.
13 The term also does not include facilities that burn vegetative,agricultural, or silvicultural wastes, bagasse, clean dry
wood, methane or other landfill gas, wood fuel derived from construction or demolition debris, or waste tires, alone or in
combination with fossil fuels. Id.
14 Florida Department of Environmental Protection, Waste-to-Energy, https://floridadep.gov/ waste/permitting-c ompliance-

assistance/content/waste-energy (last visited Feb. 9, 2022).
15 Florida Department of Environmental Protection, Florida Waste-to-Energy Facilities,

https://floridadep.gov/sites/default/files/W TE_Cont acts-2016.pdf (last visited Feb. 9, 2022).
16 S. 350.001, F.S.
17 Florida Public Service Commission, http://www.psc.state.fl.us/ (last visited Feb. 10, 2022).
18 FPL acquired Gulf Power Company in 2019 and merged as of January 3, 2022, for ratemaking purposes.
19 Florida Department of Agriculture and Consumer Services, Electric Utilities, https://www.fdacs.gov/Energy/Florida-

Energy-Clearinghouse/Electric-Utilities (last visited Feb. 10, 2022).
20 Florida Public Service Commission, Facts & Figures of the Florida Utility Industry (2021), p, 4, available at

http://www.psc.state.fl.us/Files/PDF/Publications/Reports/General/Factsandfigures/April%202021. pdf (last visited Feb. 10,
2022).
21 Florida Department of Agriculture and Consumer Services, Electric Utilities, supra at n. 19.
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adjust customer rates if a company appears to be overearning. 22 IOUs must provide sufficient and
adequate service to customers.23 To fulfill that obligation, utilities monitor customer usage patterns in
order to plan for future energy needs.

Required IOU Purchases from Qualifying Facilities

In 1978, the federal government enacted the Public Utility Regulatory Policies Act (PURPA),24 which
required promotion of energy efficiency and use of renewables. PURPA requires utilities to purchase
power, at the utility’s full avoided cost, from “qualifying facilities” (QF) 25 which fall into two categories:
qualifying small power production facilities and qualifying cogeneration facilities. 26 These facilities can
include WTE facilities. PURPA directed the Federal Energy Regulatory Commission to implement this
requirement, which in turn directed the states to do the same. In response, the Florida Legislature
directed utilities to purchase power from cogenerators and small power producers.27

An IOU’s full avoided cost is the incremental cost of electric energy or capacity28 which, but for the
purchase from cogenerators or small power producers, the IOU would have to generate itself or
purchase from another source.29 Full avoided cost is based upon either the utility’s cost to construct
and operate its next planned generating unit or the cost of purchasing capacity and energy from
generating units owned by other utilities in the wholesale market.30

Power Purchase Agreements

IOUs must annually establish and file with the PSC a standard offer contract with terms, conditions, and
payments based on projected costs for each fossil-fueled generating unit type identified in the IOU’s
ten-year site plan. Payment terms and conditions for QFs are based on the projected cost to construct
and operate the IOU’s next planned generation unit. Essentially, the next planned unit becomes an
avoided unit and the basis for the avoided costs.31

The standard offer contract provides a basis for developing negotiated contracts. 32 Rule 25-17.240,
F.A.C., encourages IOUs and generating facilities to negotiate contracts for firm capacity and energy to
provide fuel diversity, fuel price stability, and energy security. The PSC addresses petitions by IOUs for
approval of cost recovery of negotiated contracts between the IOU and the QFs. The PSC’s review
considers various matters including whether the contract is at or below the IOU’s avoided cost.33

Payments to Qualified Facilities

“As-available” energy contracts are an option for QFs, including municipal solid waste-to-energy
(MSWE) facilities. These contracts are not subject to the PSC’s approval but must be filed with the PSC

22 Florida Public Service Commission, Florida PSC 2020 Annual Report, p. 6, available at
http://www.psc.state.fl.us/Files/PDF/Publications/Reports/General/Annualreports/2020.pdf (last visited Feb. 10, 2022).
23 S. 366.03, F.S.
24 16 U.S.C. s.2601 et seq.
25 See Federal Energy Regulatory Commission, PURPA Qualifying Facilities, https://www.ferc.gov/qf (last visited Feb. 10,

2022).
26 Id.
27 S. 366.051, F.S.
28 Capacity is the maximum electric output, in megawatts, that an electricity generator can produce under ideal conditions.

See U.S. Energy Information Administration, What is the difference between electricity generation capacity and electricity
generation?, https://www.eia.gov/tools/faqs/faq.php?id= 101&t=3 (last visited Feb. 10, 2022).
29 S. 366.051, F.S.
30 Florida Public Service Commission, States’ Electric Restructuring Activities Update: Wholesale Sales,

http://www.psc.state.fl.us/Publications/ElectricRestructuringDetails#4 (last visited Feb. 10, 2022).
31 Florida Public Service Commission, Agency Analysis of 2022 House Bill 1419, p. 1 (Jan. 20, 2022).
32 Id.
33 Id.
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within ten working days of being signed.34 As-available energy is energy produced and sold on an hour-
by-hour basis for which contractual commitments regarding the quantity and time of delivery are not
required.35 As-available energy is purchased at a rate equal to the utility’s hourly incremental system
fuel cost, which reflects the highest fuel cost of generation each hour. 36

According to the PSC, the following WTE facilities receive as-available energy payments from FPL:
 Broward County Resource Recovery – South AA QF
 Brevard County
 Miami Dade Resource Recovery
 Lee County Solid Waste37

A QF is eligible for capacity and energy payments under a firm contract if the QF can meet certain
contractual provisions as to the quantity, time, and reliability of the delivery of electricity.38 Capacity is
the maximum electric output, in megawatts, that an electricity generator can produce under ideal
conditions.39

To promote alternative and renewable energy generation, the PSC requires IOUs to offer multiple
capacity payment options, including early payments or levelized payments. The different payment
options allow QFs flexibility to best meet their financial needs. If an early capacity payment option is
selected, then the QF will begin receiving capacity payments earlier than the in-service date of the
avoided unit and payments will generally be lower in the later years of the contract.40

According to the PSC, the following six WTE facilities are operating under active firm contracts with
their host IOU:
 Pinellas County Resource Recovery, with Duke, ending December 2024
 Pasco County Resource Recovery, with Duke, ending December 2024
 Broward County Resource Recovery - South QF, with FPL, ending December 2026
 Palm Beach County Solid Waste Authority 1, with FPL, ending March 2034
 Palm Beach County Solid Waste Authority 2, with FPL, ending March 2034
 Bay County/Engen LLC, with FPL/Gulf, ending July 202341

Office of Energy in the Department of Agriculture and Consumer Services

The Office of Energy (office) within DACS is the legislatively designated state energy policy and
program development office in Florida. The office evaluates energy-related studies, analyses, and
stakeholder input in order to make recommendations regarding energy policies and programs to the
Governor and Legislature. The office uses available state and federal funding to develop and manage
energy efficiency, renewable energy, and energy education programs throughout the state. 42

Effect of the Bill

The bill provides findings that:
 It is in the public interest to promote the development of renewable energy resources in Florida;

34 R. 25-17.0825(1)(b), F.A.C.; Florida Public Service Commission, supra note 31, p. 2.
35 R. 25-17.0825, F.A.C.
36 Florida Public Service Commission, supra note 31, p. 2.
37 Id.
38 Id. at 1.
39 See U.S. Energy Information Administration, What is the difference between electricity generation capacity and

electricity generation?, https://www.eia.gov/tools/faqs/faq.php?id=101&t=3 (last visited Feb. 11, 2022).
40 Florida Public Service Commission, supra note 31, p. 1.
41 Id. at 2.
42 Florida Department of Agriculture and Consumer Services , Office of Energy, https://www.fdacs.gov/Divisions-

Offices/Energy (last visited Feb. 18, 2022).
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 MSWE facilities 43 using biomass as fuel or an energy source are deemed to be producing
renewable energy;
 MSWE facilities provide a practical and sustainable solution to reducing landfill waste, reducing
volume by about 87 percent;
 Recognize the benefits that MSWE facilities contribute to Florida and its local communities; and
 The Legislature intends to incentivize the production and sale of energy from MSWE facilities
through grant programs.

The bill creates the Municipal Solid Waste-to-Energy Program (program) within the Department of
Agriculture and Consumer Services (DACS). The purpose of the program is to provide financial
assistance grants and incentive grants to MSWE facilities. The bill provides a $100 million appropriation
in recurring funds from the General Revenue Fund to DACS to administer the program. The bill also
appropriates $149,832 in recurring funds and $9,984 in nonrecurring funds from the General Revenue
Fund to DACS for the 2022-2023 fiscal year. The bill authorizes two full-time equivalent positions with
an associated salary rate of 80,540 for the purpose of implementing the bill.

The bill provides that in order to qualify for the program, the owner of an MSWE must have previously
entered into a power purchase agreement with an electric utility before January 1, 2022, that included
capacity and energy payments and must have entered into a new or amended power purchase
agreement that either no longer includes capacity payments or includes capacity and energy payments
in an amount less than the total of the capacity and energy payments the MSWE facility received under
its prior power purchase agreement with the utility. The facility owner must submit an application to
DACS that includes the MSWE facility’s name, the name of the utility purchasing the electric power
from the MSWE facility, the total capacity and energy payment the MSWE facility received during the
last year of the power purchase agreement entered into before January 1, 2022, and the amount of
electric power delivered to and the total amount paid for such power by an electric utility pursuant to a
new or amended power purchase agreement during the preceding state fiscal year.

Under the bill, the financial assistance grants will provide MSWE facilities funding at a rate of two cents
per kilowatt-hour of electricity purchased by an electric utility during the preceding state fiscal year, not
to exceed the difference between the total of the capacity and energy payment the MSWE facility
received during the last year of its power purchase agreement with the utility entered into before
January 1, 2022, and the total of the capacity and energy payment the MSWE facility received under a
new or amended power purchase agreement during the preceding fiscal year. If funds are insufficient to
cover every qualifying kilowatt-hour from all qualifying applicants, DACS must prorate the available
funds on an equitable basis.

The bill requires DACS to establish a process in coordination with the PSC to verify eligibility and the
amount of energy purchased from the facility by an electric utility.

Under the bill, the incentive grants will provide facilities with matching funds on a dollar-for-dollar basis
to assist with planning and design for constructing, upgrading, or expanding MSWE facilities, including
necessary legal or administrative expenses.

The bill provides that to qualify for the incentive grants, a facility owner must apply to DACS and
demonstrate that the project is cost-effective, permittable, and implementable and complies with s.
403.7061, F.S., which establishes the requirements for review of new WTE facility capacity by the
Department of Environmental Protection (DEP).

43 The bill defines “municipal solid waste-to-energy facility” as a publicly owned or government affiliate-owned facility that
uses an enclosed device using controlled combustion to thermally break down solid waste to an ash residue that contains
little or no combustible material and that produces electricity, steam, or other energy as a result. The term does not
include facilities that primarily burn fuels other than solid waste even if s uch facilities also burn some solid waste as a fuel
supplement. The term also does not include facilities that primarily burn vegetative, agricultural, or silvicultural wastes,
bagasse, clean dry wood, methane or other landfill gas, wood fuel derived from construction or demolition debris, or waste
tires, alone or in combination with fossil fuels.
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The bill requires DEP to assist DACS with determining eligibility and with establishing requirements to
ensure long-term and efficient operation and maintenance of such facilities.

The bill requires DACS to perform adequate overview of applications and awards, including technical
review, regular inspections, disbursement approvals, and auditing. The bill provides that funds awarded
under the incentive grant program may not be used to promote, establish, or convert a residential
collection system that does not provide for the separate collection of residential solid waste from
recovered materials 44 as defined by current law. The bill further provides that DACS must terminate or
require repayment of incentive grant funds if it determines that the program requirements are not being
met.

The bill states that any funds appropriated to the program must first be used for the financial assistance
grants and any remaining funds in a fiscal year may be used for the incentive grants.

The bill requires DACS to adopt rules to implement and administer the program. The rules must:
 Establish an application process for both grant types;
 Include application deadlines; and
 Establish supporting documentation to be provided to DACS.

The bill requires DACS to consult with the PSC in developing rules for the financial assistance grants.

The bill provides that any funds allocated for the purpose of the bill which are not disbursed by June
30th of the fiscal year in which the funds are allocated may be carried forward for up to five years after
the effective date of the original appropriation.

B. SECTION DIRECTORY:
Section 1: Creates s. 377.814, F.S., which establishes the Municipal Solid Waste-to-Energy Program.

Section 2: Appropriates recurring funds from the General Revenue Fund.

Section 3: Appropriates recurring and nonrecurring funds from the General Revenue Fund.

Section 4: Provides an effective date of July 1, 2022.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
The bill provides a $100 million appropriation in recurring funds from the General Revenue Fund to
DACS for the 2022-2023 fiscal year. The bill also appropriates $149,832 in recurring funds and

$9,984 in nonrecurring funds from the General Revenue Fund to DACS for the 2022-2023 fiscal
year. The bill authorizes two full-time equivalent positions with an associated salary rate of 80,540
for the purpose of implementing the bill.

44 The term “recovered materials” means metal, paper, glass, plastic, textile, or rubber materials that have known
recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from
the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent
processing or separation from each other, but the term does not include materials destined for any use that constitutes
disposal. Recovered materials as described in this subsection are not solid waste. S. 403.703(28), F.S.
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The bill may have an insignificant negative fiscal impact on DEP because it requires DEP to assist
DACS with determining eligibility and with establishing requirements to ensure long-term and
efficient operation and maintenance of WTE facilities. These costs can be absorbed within existing
resources.

The bill may have an insignificant negative fiscal impact on the PSC because it requires the PSC to
assist DACS with verifying eligibility and the amount of energy purchased from the facility by an
electric utility for financial assistance grants. These costs can be absorbed within existing
resources.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
The bill may result in a positive fiscal impact to publicly-owned MSWE facilities that qualify for the
program by providing grants to offset capacity payments and to assist with certain planning and
design expenses.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may result in a positive fiscal impact to government affiliate-owned MSWE facilities that qualify
for the program by providing grants to offset capacity payments and to assist with certain planning and
design expenses.

D. FISCAL COMMENTS:
None.

III. 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 revenues 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 DACS, in consultation with the PSC and DEP, to adopt rules to implement and
administer the program.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On February 15, 2022, the Tourism, Infrastructure & Energy Subcommittee adopted a strike-all amendment
and reported the bill favorably as a committee substitute. The amendment:
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 Clarifies eligibility, application requirements, and fund distribution guidelines for the financial
assistance grant program.
 Appropriates recurring funds from the General Revenue Fund to the Department of Agriculture and
Consumer Services (DACS) for the 2022-2023 fiscal year as follows:
o $100 million to fund the grant program.
o $149,832 to provide for the staff necessary to administer the program.
 Appropriates non-recurring funds from the General Revenue Fund to DACS for administration
expenses in the amount of $9,984.
 Provides that allocated funds which are not disbursed by the end of the fiscal year may be carried
forward for up to five years.

On February 22, 2022, the Appropriations Committee adopted an amendment and reported the bill favorably
as a committee substitute. The amendment provides that funds awarded under the incentive grant program
may not be used to promote, establish, or convert a residential collection system that does not provide for
the separate collection of residential solid waste from recovered materials as defined in s. 403.703, F.S.

This analysis is drafted to the committee substitute as approved by the Appropriations Committee.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

CS/CS/HB 1419 2022

1 A bill to be entitled
2 An act relating to financial assistance for municipal
3 solid waste-to-energy facilities; creating s. 377.814,
4 F.S.; creating the Municipal Solid Waste-to-Energy
5 Program within the Department of Agriculture and
6 Consumer Services for a specified purpose; defining
7 terms; requiring the department, subject to
8 appropriation, to provide annual financial assistance
9 grants to municipal solid waste-to-energy facilities
10 that meet certain requirements; requiring the
11 department to distribute funds to qualifying
12 applicants based on certain criteria; requiring the
13 department to establish a process to verify the amount
14 of certain electric power purchases; directing the
15 Public Service Commission to provide assistance in
16 verifying grant eligibility; requiring the department,
17 subject to appropriation, to provide incentive grants
18 to municipal solid waste-to-energy facilities to
19 assist with certain costs; specifying requirements for
20 applying for the funding; requiring the Department of
21 Environmental Protection to provide assistance in
22 determining grant eligibility and establishing
23 requirements; requiring the department to perform
24 grant overview; prohibiting the use of funds for
25 specified purposes; establishing priority for funding

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26 for the grants; authorizing the balance of certain
27 unexpended funds to be carried forward for a specified
28 number of years; requiring the Department of
29 Agriculture and Consumer Services to adopt rules;
30 providing appropriations and authorizing positions;
31 providing an effective date.
32
33 WHEREAS, as provided in s. 366.91(1), Florida Statutes, the
34 Legislature has determined that it is in the public interest to
35 promote the development of renewable energy resources in this
36 state, and
37 WHEREAS, under s. 366.91, Florida Statutes, municipal solid
38 waste-to-energy facilities that use biomass as a fuel or energy
39 source are deemed to be producing renewable energy, and
40 WHEREAS, municipal solid waste-to-energy facilities provide
41 a practical and sustainable solution to reducing landfill waste,
42 reducing volume by about 87 percent, and
43 WHEREAS, the Legislature recognizes the benefits that
44 municipal solid waste-to-energy facilities contribute to the
45 state and its local communities, and
46 WHEREAS, the Legislature intends to incentivize the
47 production and sale of energy from municipal solid waste-to-
48 energy facilities through grant programs, NOW, THEREFORE,
49
50 Be It Enacted by the Legislature of the State of Florida:

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51
52 Section 1. Section 377.814, Florida Statutes, is created
53 to read:
54 377.814 Municipal Solid Waste-to-Energy Program.—
55 (1) CREATION AND PURPOSE OF THE PROGRAM.—The Municipal
56 Solid Waste-to-Energy Program is created within the department.
57 The purpose of the program is to provide financial assistance
58 grants and incentive grants to municipal solid waste-to-energy
59 facilities to incentivize the production and sale of energy from
60 municipal solid waste-to-energy facilities while also reducing
61 the amount of waste that would otherwise be disposed of in a
62 landfill.
63 (2) DEFINITIONS.—For purposes of this section, the term:
64 (a) "Department" means the Department of Agriculture and
65 Consumer Services.
66 (b) "Municipal solid waste-to-energy facility" means a
67 publicly owned or government affiliate-owned facility that uses
68 an enclosed device using controlled combustion to therm ally
69 break down solid waste to an ash residue that contains little or
70 no combustible material and that produces electricity, steam, or
71 other energy as a result. The term does not include facilities
72 that primarily burn fuels other than solid waste even if s uch
73 facilities also burn some solid waste as a fuel supplement. The
74 term does not include facilities that primarily burn vegetative,
75 agricultural, or silvicultural wastes, bagasse, clean dry wood,

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76 methane or other landfill gas, wood fuel derived from
77 construction or demolition debris, or waste tires, alone or in
78 combination with fossil fuels.
79 (3) FINANCIAL ASSISTANCE GRANT PROGRAM.—The department,
80 subject to appropriation, shall provide annual financial
81 assistance grants to municipal solid waste-to-energy facilities
82 that entered into a power purchase agreement with an electric
83 utility before January 1, 2022, which included capacity and
84 energy payments, if the owner of the municipal solid waste -to-
85 energy facility has entered into a new or amended power purc hase
86 agreement that no longer includes capacity payments or that
87 includes capacity and energy payments in an amount less than the
88 total of the capacity and energy payments the municipal solid
89 waste-to-energy facility received under the power purchase
90 agreement entered into before January 1, 2022.
91 (a) To apply for an annual financial assistance grant, the
92 owner of a municipal solid waste-to-energy facility must submit
93 an application to the department. The application must include
94 the name of the applicant's municipal solid waste-to-energy
95 facility, the name of the utility purchasing the electric power
96 from the municipal solid waste-to-energy facility, the total
97 capacity and energy payment the municipal solid waste -to-energy
98 facility received during the last year of a power purchase
99 agreement entered into before January 1, 2022, and the amount of
100 electric power delivered to the utility and the total amount

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101 paid by the utility for such electric power pursuant to a new or
102 amended power purchase agreement during the preceding state
103 fiscal year.
104 (b) The department shall distribute funds, subject to
105 appropriation, to each qualifying applicant at a rate of 2 cents
106 per kilowatt-hour of electric power purchased by an electric
107 utility during the preceding state fiscal year, not to exceed
108 the difference between the total capacity and energy payment the
109 municipal solid waste-to-energy facility received during the
110 last year of the power purchase agreement entered into before
111 January 1, 2022, and the total of the capacity and energy
112 payment the municipal solid waste-to-energy facility received
113 under a new or amended power purchase agreement during the
114 preceding state fiscal year. To the extent that funds are not
115 available to provide financial assistance to each qualifying
116 applicant for every qualifying kilowatt-hour of electric power
117 purchased, the department shall prorate the funds on an
118 equitable basis.
119 (c) The department shall establish a process to verify the
120 amount of electric power purchased from a municipal solid waste-
121 to-energy facility by an electric utility during each preceding
122 state fiscal year. The Public Service Commission shall provide
123 assistance to the department to help verify the information
124 provided pursuant to paragraph (a).
125 (4) INCENTIVE GRANT PROGRAM.—The department, subject to

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126 appropriation, shall provide incentive grants to municipal solid
127 waste-to-energy facilities to assist with the planning and
128 designing for constructing, upgrading, or expanding a municipal
129 solid waste-to-energy facility, including necessary legal or
130 administrative expenses.
131 (a) To qualify for an incentive grant, the owner of a
132 municipal solid waste-to-energy facility must apply to the
133 department for funding; provide matching funds on a dollar -for-
134 dollar basis; and demonstrate that the project is cost-
135 effective, permittable, and implementable and complies with s.
136 403.7061.
137 (b) The Department of Environmental Protection shall
138 provide assistance to the department in determining the
139 eligibility of grant applications and establishing requirements
140 to ensure the long-term and efficient operation and maintenance
141 of facilities constructed or expanded under an incentive grant.
142 (c) The department shall perform adequate overview of each
143 grant application and grant award, including technical review,
144 regular inspections, disbursement approvals, and auditing, to
145 implement this section.
146 (d) Funds awarded under the incentive grant program may
147 not be used to promote, establish, or convert a residential
148 collection system that does not provide for the separate
149 collection of residential solid waste from recovered materials
150 as defined in s. 403.703.

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151 (e) The department shall require the termination or
152 repayment of incentive grant funds if the department determines
153 that program requirements are not being met.
154 (5) FUNDING.—Funds appropriated for the Municipal Solid
155 Waste-to-Energy Program must first be used for financial
156 assistance grants. Any funds remaining in a state fiscal year
157 after disbursement to all qualifying applicants may be used to
158 fund the incentive grant program.
159 (6) RULES.—The department shall adopt rules to implement
160 and administer this section, including establishing grant
161 application processes for financial assistance grants and
162 incentive grants. The rules shall include application deadlines
163 and establish the supporting documentation necessary to be
164 provided to the department. In adopting rules relating to the
165 financial assistance grant program, the department shall consult
166 the Public Service Commission. In adopting rules for th e
167 incentive grant program, the department shall consult the
168 Department of Environmental Protection.
169 Section 2. (1) For the 2022-2023 fiscal year, the sum of
170 $100 million in recurring funds is appropriated from the General
171 Revenue Fund to the Department of Agriculture and Consumer
172 Services for the Municipal Solid Waste-to-Energy Program, as
173 provided in s. 377.814, Florida Statutes.
174 (2) Notwithstanding s. 216.301, Florida Statutes, and
175 pursuant to s. 216.351, Florida Statutes, funds allocated for

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176 the purpose of this section which are not disbursed by June 30
177 of the fiscal year in which the funds are allocated may be
178 carried forward for up to 5 years after the effective date of
179 the original appropriation.
180 Section 3. For the 2022-2023 fiscal year, the sums of
181 $149,832 in recurring funds and $9,984 in nonrecurring funds are
182 appropriated from the General Revenue Fund to the Department of
183 Agriculture and Consumer Services, and two full-time equivalent
184 positions with associated salary rate of 80,540 are authorized,
185 for the purpose of implementing this act.
186 Section 4. This act shall take effect July 1, 2022.

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PCS for CS/CS/HB 577
HOUSE OF REPRESENTATIVES STAFF ANALYSIS

BILL #: PCS for CS/CS/HB 577 Tenant Safety
SPONSOR(S): Commerce Committee
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY
CHIEF

Orig. Comm.: Commerce Committee Wright Hamon

SUMMARY ANALYSIS
The “Florida Residential Landlord and Tenant Act” (Act) governs the relationship between landlords and
tenants under a residential rental agreement. The Act provides landlords with certain rights of entry to the
dwelling unit. For example, the landlord may enter a dwelling unit for purposes of repair to the premises, but
the landlord must first give “reasonable notice” of 12 hours to a tenant beforehand.

On September 24, 2021, Miya Marcano, a student at Valencia College, went missing from her apartment in
Orlando, Florida, where she also worked at the front office. She was later found dead miles from her
apartment. An investigation by the Orange County Sheriff’s Office indicated that Marcano was taken from her
apartment by a maintenance worker at the same apartment complex, who used a master key fob to enter her
apartment.

The bill, “Miya’s Law”:
 Increases the time period that a landlord must give to a tenant prior to entering the dwelling unit from 12
hour to 24 hours, unless the tenant consents to a shorter time period.
 Requires an operator of an apartment complex with 15 or more units to:
o Upon request, notify a tenant or prospective tenant in writing whether the operator requires any
employees or contractors to undergo a background screening.
o Upon request, provide a list to the tenant of every employee or contractor who has access to a
master key or fob or individual unit keys, and post such a list in a conspicuous place on the
apartment complex grounds or on the apartment’s website.
o Maintain a log accounting for all employees or contractors that have access to a master key or
fob or individual unit keys.
o Make such log accessible:
 To law enforcement as needed in connection with the performance of their duties;
 To a tenant; and
 In discovery in a civil action related to an action involving a tenant or the apartment.
o Maintain such log for one year.

The bill may have an indeterminate fiscal impact on state government and does not have an impact on local
governments.

Except as otherwise provided, the bill provides an effective date of July 1, 2022.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:

Background

Florida Residential Landlord and Tenant Act

Part II of ch. 83, F.S., known as the “Florida Residential Landlord and Tenant Act” (Act), governs the
relationship between landlords and tenants under a residential rental agreement. 1

The Act does not apply to:2
 Residency or detention in a facility when it is incidental to the provision of medical, geriatric,
educational, counseling, religious, or similar services.
 Occupancy under a contract of sale of a dwelling unit or property of which it is a part.
 Transient occupancy in a public lodging establishment or a mobile home park.
 Occupancy by a holder of a proprietary lease in a cooperative apartment.
 Occupancy by an owner of a condominium unit.

Any right or duty declared in the Act is enforceable by civil action. A right or duty enforced by civil action
under the Act does not preclude prosecution for a criminal offense related to the lease or leased
property. If either the landlord or the tenant fails to comply with the requirements of the rental
agreement or the Act, the aggrieved party may recover the damages caused by the noncompliance. 3
Under certain circumstances, either party may take action to terminate the lease.4

Covenant of Quiet Enjoyment

Generally, a tenant is entitled to the right of private, peaceful possession of the dwelling, which includes
limited access to the dwelling unit by the landlord.5 In the absence of inconsistent express covenants,
an ordinary lease includes an implied covenant of quiet enjoyment under Florida law, 6 and use of the
words "lease" or "demise" in a lease imports a covenant of quiet enjoyment. 7 Thus, a valid ordinary
lease of real estate raises an implied covenant of quiet and peaceful enjoyment of the leased premises
exercisable against the landlord.8

Landlord’s Obligation to Maintain Premises

At all times during a tenancy, the landlord must comply with the requirements of applicable building,
housing, and health codes. Where there are no applicable building, housing, or health codes, the
landlord must maintain the roofs, windows, screens, doors, floors, steps, porches, exterior walls,
foundations, and all other structural components in good repair and the plumbing in reasonable working
condition.9

Landlord’s Access to the Dwelling Unit

1 S. 83.41, F.S., provides that part II, ch. 83, F.S., applies to the rental of a dwelling unit.
2 S. 83.42, F.S.
3 S. 83.55, F.S.
4 S. 83.56, F.S.
5 The Florida Bar, Consumer Pamphlet: Rights and Duties of Tenants and Landlords,

https://www.floridabar.org/public/consumer/tip014/ (last visited Feb. 26, 2022).
6 Fla. Jur. 2d Landlord and Tenant § 90. Stinson, Lyons, Gerlin & Bustamante, P.A. v. Brickell Bldg. 1 Holding Co., Inc., 923 F.2d 810

(11th Cir. 1991); Coral Wood Page, Inc. v. GRE Coral Wood, LP, 71 So. 3d 251 (Fla. 2d DCA 2011); Hankins v. Smith, 103 Fla. 892,
138 So. 494 (1931).
7 Fla. Jur. 2d Landlord and Tenant § 90; Hankins, 138 So. 494.
8 Fla. Jur. 2d Landlord and Tenant § 90; McClosky v. Martin, 56 So. 2d 916 (Fla. 1951); Hankins, 138 So. 494.
9 S. 83.51(1), F.S.

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The landlord is generally restricted to accessing the dwelling unit under certain scenarios. However,
they may enter the dwelling unit at any time for the protection or preservation of the premises.10

The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time
for the purpose of repair of the premises. “Reasonable notice” for the purpose of repair is notice given
at least 12 hours prior to the entry, and reasonable time for the purpose of repair is between 7:30 a.m.
and 8:00 p.m.11

The tenant may not unreasonably withhold consent to the landlord to enter the dwelling unit from time
to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or
improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers,
mortgagees, tenants, workers, or contractors.12 The landlord may enter the dwelling unit when
necessary for these purposes under any of the following circumstances: 13
 With the consent of the tenant;
 In case of emergency;
 When the tenant unreasonably withholds consent; or
 If the tenant is absent from the premises for a period of time equal to one-half the time for
periodic rental payments; but if the rent is current and the tenant notifies the landlord of an
intended absence, then the landlord may enter only with the consent of the tenant or for the
protection or preservation of the premises.

The landlord may not abuse the right of access or use it to harass the tenant. 14

Transient and Non-transient Apartments

“Public lodging establishments” includes transient and nontransient public lodging establishments. 15
The principal difference between a transient and nontransient public lodging establishment is how
frequently the establishment is rented in a calendar year and the duration of the rental.

A “transient public lodging establishment” is:

Any unit, group of units, dwelling, building, or group of buildings within a single complex of
buildings which is rented to guests more than three times in a calendar year for periods of less
than 30 days or one calendar month, whichever is less, or which is advertised or held out to the
public as a place regularly rented to guests.16

A “nontransient public lodging establishment” is:

Any unit, group of units, dwelling, building, or group of buildings within a single complex of
buildings which is rented to guests for periods of at least 30 days or one calendar month,
whichever is less, or which is advertised or held out to the public as a place regularly rented to
guests for periods of at least 30 days or one calendar month. 17

Public lodging establishments are classified as a hotel, motel, vacation rental, nontransient apartment,
transient apartment, bed and breakfast inn, or timeshare project. 18

A nontransient apartment is a building or complex of buildings in which 75 percent or more of the
units are available for rent to nontransient tenants. A transient apartment is a building or complex of

10 S. 83.53(2), F.S.
11 Id.
12 S. 83.53(1), F.S.
13 S. 83.53(2), F.S.
14 S. 83.53(3), F.S.
15 S. 509.013(4)(a), F.S.
16 S. 509.013(4)(a)1., F.S
17 S. 509.013(4)(a)2., F.S.
18 S. 509.242(1), F.S.

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buildings in which more than 25 percent of the units are advertised or held out to the public as available
for transient occupancy.19

The Division of Hotels and Restaurants (division) within the Department of Business and Professional
Regulation (DBPR) is the state agency charged with enforcing the provisions of ch. 509, F.S., relating
to the regulation of public lodging establishments and public food service establishments for the
purpose of protecting the public health, safety, and welfare.

The division licenses certain transient and non-transient apartments in the state with 5 or more units.20

DBPR’s regulation of public lodging establishments includes:
 Sanitation standards;
 Inspections; and
 Personnel training.21

Both transient and non-transient apartments are inspected by the division at least annually. For
purposes of performing required inspections and the enforcement, the division has the right of entry
and access to public lodging establishments at any reasonable time. 22

If a public lodging establishment, including an apartment, operates in violation of ch. 509, F.S., or
division rules, the division may impose the following disciplinary actions:23
 Fines not to exceed $1,000 per offense; and
 The suspension, revocation, or refusal of a license.

Safety Regulations

Section 509.211, F.S., provides safety regulations of public lodging establishments. Current law
requires every bedroom or apartment in a public lodging establishment to be equipped with an
approved locking device on each door opening to the outside, to an adjoining room or apartment, or to
a hallway.24 Every public lodging establishment that is three or more stories in height must have safe
and secure railings on all balconies, platforms, and stairways, and all such railings must be properly
maintained and repaired.25

Employee Background Screenings

Generally, criminal background screenings used for employment are generated by searching various
databases for criminal history, including misdemeanor and felony convictions and pending cases. 26
There is no requirement in Florida law that apartments must perform a background check on
employees or potential employees nor does it requires landlords or apartments to exclude potential
employees due to their criminal history.

The law also does not prevent an apartment from performing a criminal background check on potential
employees on its own accord, but the employer must follow federal standards under Title VII of the Civil
Rights Act of 1964, as it relates to employment discrimination, and the Fair Credit Reporting Act
(FCRA) as it relates to requirements for how a background check is conducted and applied to
employment.

19 Id.
20 S. 509.013 (4) (b), F.S. Any non-transient apartment renting four units or less or any apartment building inspected by the United

States Department of Housing and Urban Development (HUD) or other entity acting on its behalf that is designated primarily as housing
for tenants at least 62 years of age is exempt from division licensure .
21 S. 509.032 (2) (a), F.S.
22 S. 509.032 (2) (b), F.S.
23 S. 509.261(1), F.S.
24 S. 509.211 (1) F.S.
25 S. 509.211 (3) F.S.
26 GoodHire, Criminal Background Check For Employment, https://www.goodhire.com/screening/criminal-background-check/ (last

visited Feb. 26, 2022).
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Florida law provides employers that conduct a background investigation with the legal presumption that
they were not negligent in hiring. As long as the background check didn't uncover any information that
reasonably demonstrates that the employee was unfit for the job or employment in general, the
employer is entitled to a presumption that it did not act negligently. 27

Third Party Background Screening

There are hundreds of companies engaged in employment and tenant background screening across
the United States.28 These companies are defined as “consumer reporting agencies” (CRAs), pursuant
to the FCRA and are regulated by both the Federal Trade Commission and Consumer Financial
Protection Bureau.29 The FCRA promotes the accuracy, fairness, and privacy of information that
consumer reporting agencies and their related entities collect. 30 The FCRA governs the acts of CRAs,
entities that furnish information to CRAs (furnishers), and individuals who use credit reports issued by
CRAs. Specifically, CRAs and their furnishers must adopt methods to ensure the information they
collect and report is accurate.

Individuals can review the information a CRA has collected on them to ensure that it is accurate, and
may dispute its accuracy—which triggers a CRA’s and furnisher’s duty to reinvestigate the information.
Individuals may also request to review the information a CRA has in his or her file, the sources of the
information, and the identity of those to whom the information was disclosed.

A CRA cannot provide information in a consumer report to anyone who does not have a specified
purpose in the FCRA.31

Statutory Background Screenings

Florida provides standard procedures for screening a prospective employee where the Legislature has
determined it is necessary to conduct a criminal history background check to protect vulnerable
persons.32 The state mandates background screenings for all state employees 33 and many professions
that interact with vulnerable persons.34

Such criminal history check must include a Florida criminal history provided by the Florida Department
of Law Enforcement (FDLE). The information may be provided by a private vendor only if that
information is directly obtained from the FDLE for each request.35

A Level 1 screening is a name-based demographic screening that includes a statewide criminal record
check through the FDLE.36 A Level 1 background screening involves a name-based search of Florida
records, including employment history, state and local criminal history check, and a search of the
National Sex Offender Public Website.37

27
S. 768.096, F.S.; Lisa Guerin, Florida Laws on Employer Use of Arrest and Conviction Records, Nolo.com,
https://www.nolo.com/legal-encyclopedia/florida-laws-employer-use-arrest-conviction-records.html (last visited Feb. 26, 2022).
28 Professional Background Screening Association (PBSA), Ab out PBSA, availab le at https://thepbsa.org/about-us/about-pbsa/ (last

visited Feb. 26, 2022.)
29 Id.
30
Consumer Finance Bureau, A Summary of Your Rights Under the Fair Credit Reporting Act (Sept. 18, 2018), 12 CFR 1022, availab le
at https://www.consumer.ftc.gov/articles/pdf-0096-fair-credit-reporting-act.pdf (last visited Feb. 26, 2022). See also, Federal Trade
Commission, Fair Credit Reporting Act, https://www.ftc.gov/enforcement/statutes/fair-credit-reporting-act (last visited Feb. 26, 2022).
31 Permissible purposes include employment, insurance underwriting that involves the consumer, evaluating the consumer’s eligibi lity

for licensure or other governmental benefit that considers the applicants financial responsibility or status, or a legitimate business need.
15 U.S.C. § 1681b(a).
32 Ss. 435.01-435.12, F.S.
33 S. 110.1127, F.S.
34 S. 435.02(6), F.S.
35 S. 943.053(12), F.S.
36 S. 435.03, F.S. A Level 1 criminal history record check is “a state-only name-based check.” Florida Department of Law Enforcement

(FDLE), Definitions, https://www.fdle.state.fl.us/Background-Checks/VECHS-FAQs/Definitions.aspx (last visited Feb. 26, 2022).
37 S. 435.03(1), F.S.

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A Level 2 screening consists of a fingerprint-based search of the FDLE and the Federal Bureau of
Investigation databases for state and national criminal arrest records.38 A Level 1 screening and Level 2
screening have the same disqualifying offenses, including, but not limited to, domestic violence, sexual
misconduct, murder, and other violent or sexually-based offenses.39

Miya Marcano

Investigators for the Orange County Sheriff’s Office said Marcano was taken from her apartment by
Armando Caballero, who was a maintenance worker at the same apartment complex. It is alleged that
he used a master key fob for the apartment complex to enter her apartment. Caballero was found dead
by apparent suicide a few days after Marcano went missing.41

Effect of Proposed Changes

The sponsor has entitled the act “Miya’s Law,” in memory of Miya Marcano.

The bill increases the “reasonable notice” time period that a landlord must give to a tenant prior to
entering the dwelling unit for purposes of repair of the premises, from 12 hours, to 24 hours.

Effective January 1, 2023, the bill requires each nontransient apartment or transient apartment building
or complex with at least 15 individual units to:
 Upon request of the tenant or prospective tenant, provide the tenant or prospective tenant with
information in writing indicating whether the operator requires any current employees or
contractors to undergo a background screening and, if so, such notification must also state all
of the following:
o The positions of those required to undergo background screenings.
o The type of background screening or criminal background screening the operator
performed, and whether such background screenings include a search of the National
Sex Offender Registry or other similar databases.
o That the operator has discretion to make employment decisions, regardless of a current
employee's or contractor’s background screening results.
o That state law does not disqualify any current employee or contractor from working at a
nontransient apartment or transient apartment based on background screening results.
 Upon request of the tenant, provide a list to the tenant of every current employee or contractor
who has access to a master key or fob or individual unit keys, which is updated as needed or
at least quarterly, and such list must be posted in a conspicuous place on the grounds of the
apartment building or complex or on the website of the apartment building or complex.
 Maintain a log that accounts for all employees or contractors that have access to a master key
or fob or individual unit keys.
 Make such log accessible upon request:
o To a law enforcement officer as needed in connection with the performance of the
officer’s official duties.
o To a tenant.
o During discovery in a civil action related to an action involving a tenant or the apartment.
 Maintain such log for at least 1 year.

38 S. 435.04, F.S.
39 Ss. 435.03(2) and 435.04(2), F.S.
40 Cristobal Reyes, Miya Marcano’s family again b lasts Orange sheriff after autopsy released: ‘Preci ous moments’ lost, Orlando

Sentinel, Orlando Sentinel (Dec. 28, 2021), https://www.orlandosentinel.com/news/crime/os-ne-miya-marcano-autopsy-response-
20211228-svqnw6bdozaghnoijjevdgkgoi-story.html (last visited Feb. 26, 2022); Vanessa Etienne, Miya Marcano Cause of Death Ruled
a 'Homicide b y Undetermined Means': Medical Examiner, People (Dec. 29, 2021) https://people.com/crime/texas -girls-abduction-
inspired-amber-alert-26-years-later-case-remains-unsolved/ (last visited Feb. 26, 2022).
41 Cristobal Reyes, supra note 15.

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Upon request during the division's annual inspection of the premises, a licensee must provide the
division with proof of compliance with these requirements during the inspection.

Except as otherwise provided, the bill provides an effective date of July 1, 2022.

B. SECTION DIRECTORY:

Section 1: Provides a short title.
Section 2: Amends s. 83.53, F.S., relating to landlord’s access to a dwelling unit.
Section 3: Amends s. 509.211, F.S., relating to apartment safety regulations.
Section 4: Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:

DBPR may see an increase in fines related to an operator that fails to provide certain information
during an inspection.

2. Expenditures:

DBPR will likely be able to review master key logs without incurring additional expenses during
annual inspections.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.

D. FISCAL COMMENTS:

None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:

Not applicable. This bill does not appear to affect county or municipal governments.

2. Other:

None.

B. RULE-MAKING AUTHORITY:

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None.

C. DRAFTING ISSUES OR OTHER COMMENTS:

None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

PCS for CS/CS/HB 577 2022

1 A bill to be entitled
2 An act relating to tenant safety; providing a short
3 title; amending s. 83.53, F.S.; revising what
4 constitutes reasonable notice for repairs of dwelling
5 units; amending s. 509.211, F.S.; requiring the
6 operator of certain apartments to provide certain
7 information related to background screenings and
8 issuance of keys; requiring the operator an apartment
9 to maintain, and make accessible to certain persons
10 and during certain discovery, a log that accounts for
11 certain information for a specified time period;
12 providing effective dates.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. This act may be cited as "Miya's Law."
17 Section 2. Subsection (2) of section 83.53, Florida
18 Statutes, is amended to read:
19 83.53 Landlord's access to dwelling unit.—
20 (2) The landlord may enter the dwelling unit at any time
21 for the protection or preservation of the premises. The landlord
22 may enter the dwelling unit upon reasonable notice to the tenant
23 and at a reasonable time for the purpose of repair of the
24 premises. "Reasonable notice" for the purpose of repair is
25 notice given at least 24 12 hours prior to the entry, and

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PCS for CS/CS/HB 577 2022

26 reasonable time for the purpose of repair shall be between the
27 hours of 7:30 a.m. and 8:00 p.m. The landlord may enter the
28 dwelling unit when necessary for the further purposes set forth
29 in subsection (1) under any of the following circumstances:
30 (a) With the consent of the tenant;
31 (b) In case of emergency;
32 (c) When the tenant unreasonably withholds consent; or
33 (d) If the tenant is absent from the premises for a period
34 of time equal to one-half the time for periodic rental payments.
35 If the rent is current and the tenant notifies the landlord of
36 an intended absence, then the landlord may enter only with the
37 consent of the tenant or for the protection or preservation of
38 the premises.
39 Section 3. Effective January 1, 2023, subsection (5) is
40 added to section 509.211, Florida Statutes, to read:
41 509.211 Safety regulations.—
42 (5) An operator of a nontransient apartment or transient
43 apartment building or complex consisting of at least 15
44 individual units must:
45 (a) Upon request of the tenant or prospective tenant,
46 provide the tenant or prospective tenant with information in
47 writing indicating whether the operator requires any current
48 employees or contractors to undergo a background screening and,
49 if so, such notification must also state all of the following:
50 1. The positions of those required to undergo background

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PCS for CS/CS/HB 577 2022

51 screenings.
52 2. The type of background screening or criminal background
53 screening the operator performed, and whether such background
54 screenings include a search of the National Sex Offender
55 Registry or other similar databases.
56 3. That the operator has discretion to make employment
57 decisions, regardless of a current employee's or contractor’s
58 background screening results.
59 4. That state law does not disqualify any current employee
60 or contractor from working at a nontransient apartment or
61 transient apartment based on background screening results.
62 (b) Upon request of the tenant, provide a list to the
63 tenant of every current employee or contractor who has access to
64 a master key or fob or access to individual unit keys, which is
65 updated as needed or at least quarterly, and such list must be
66 posted in a conspicuous place on the grounds of the apartment
67 building or complex or on the website of the apartment building
68 or complex.
69 (c) Maintain a log that accounts for all employees or
70 contractors that have access to a master key or fob or access to
71 individual unit keys.
72 (d) Make the log in paragraph (c) accessible upon request:
73 1. To a law enforcement officer as needed in connection
74 with the performance of the officer’s official duties.
75 2. To a tenant.

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76 3. During discovery in a civil action related to an action
77 involving a tenant or the apartment building or complex .
78 (e) Maintain the log in paragraph (c) for at least 1 year.
79
80 Upon request, during the division's annual inspection of the
81 premises, a licensee must provide the division with proof of
82 compliance with this subsection.
83 Section 4. Except as otherwise expressly provided in this
84 act, this act shall take effect July 1, 2022.

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PCS for CS/CS/HB 577
PCS for HB 1543
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCS for HB 1543 Broadband Infrastructure
SPONSOR(S): Commerce Committee
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

Orig. Comm.: Commerce Committee Keating Hamon

SUMMARY ANALYSIS
In 2021, the Legislature took steps to improve broadband Internet access in unserved areas of the state.
Among other things, the Legislature:
 Created the Broadband Opportunity Program (grant program) to be administered by the Office of
Broadband (Office) within the Department of Economic Opportunity (DEO). Subject to appropriation,
the program would award grants to applicants, regardless of technology, who seek to expand access to
broadband service in unserved areas of the state. This grant program has not yet received funding.
 Provided for a promotional rate of $1 per wireline attachment per pole, per year for any new pole
attachment necessary to make broadband service available to an unserved or underserved end user
within a municipal electric utility service territory.
 Appropriated $1.5 million to DEO to develop geographic information system maps of broadband service
availability, including transmission speeds. These maps continue to be developed and updated.

The Office is currently developing a strategic plan for increasing the availability and use of broadband service
in the state. Florida law requires this plan to be completed by June 30, 2022.

The bill authorizes the Office to reimburse eligible applicants for certain pole replacement costs incurred in the
installation or deployment of infrastructure to support the provision of broadband Internet service to customers
in an unserved area. The bill identifies the types of costs eligible, and establishes conditions, for
reimbursement. Any entity eligible to apply for funding under the grant program created in 2021 is eligible to
apply for reimbursement. However, an entity may not receive reimbursement funds if it has been awarded or
has applied for funds under the grant program to deploy broadband Internet service to the same area.

The bill requires that applications for reimbursement of pole replacement costs must provide information
sufficient to establish the actual amount of the costs incurred and eligible for reimbursement and such other
information as required by the Office. Applications must be submitted in a form specified by the Office.

The bill requires the Office, beginning January 1, 2023, and each year thereafter, to 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 reimbursement applications received during the previous fiscal year and other specified information,
including reimbursements amounts awarded.

The bill requires DEO to adopt implementing rules, which may specify maximum annual reimbursement
amounts per applicant and maximum reimbursement amounts per eligible pole replacement

The bill takes effect on July 1, 2022.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

Broadband Internet Deployment

Fixed and mobile broadband Internet services provide access to numerous employment, education,
entertainment, and health care opportunities.1 Communities that lack broadband access can have
difficulty attracting new capital investment. While Florida’s urban areas are served at a fixed broadband
coverage rate of 98 percent, its rural areas are served at a rate of 78.6 percent.2 This disparity is
caused primarily by high per-unit construction costs required to build broadband infrastructure across
larger swaths of rural geographic areas.3

The recent COVID-19 pandemic has enhanced the need for broadband Internet access in everyday
life. Studies indicate that broadband Internet access matters for jobs, income, business relocation, civic
engagement, and health.4 In addressing broadband Internet access issues, states have established
broadband offices and created special funding programs to offer financial incentives for broadband in
lower density areas.5 Additionally, as schools go online, data indicates that low income households
disproportionally lack access to broadband Internet service, which puts their children at risk of falling
behind.6

Federal Broadband Initiatives

FCC Rural Digital Opportunity Fund

In January 2020, the Federal Communications Commission (FCC) established the Rural Digital
Opportunity Fund (Fund) to fund the deployment of broadband networks in rural America over the next
decade. The program will consist of two phases. Using data from the FCC’s previous mapping efforts,
the first phase began in 2020 and made available up to $16 billion to target census blocks that are
wholly unserved with fixed broadband speeds of at least 25 megabits per second (Mbps) downstream
and 3 Mbps upstream (25/3 Mbps).7 The winning bidders from the first round under Phase I were
announced in December 2020, with entities that bid to provide service in Florida receiving over $190
million over the next 10 years.8

Phase II of the Fund will target underserved localities, as identified by the FCC’s Digital Opportunity
Data Collection Program.9 Using this more precise data, the second phase of FCC grants will make

1 U.S. Federal Communications Commission (FCC), 2018 Broadband Deployment Report, at 1 (Feb. 2, 2018), available at
https://docs.fcc.gov/public/attachments/FCC-18-10A1.pdf (last visited Feb. 1, 2022).
2 FCC, 2021 Broadband Deployment Report at 63 (Jan. 19, 2021), available at https://docs.fcc.gov/public/attachments/FCC-21-

18A1.pdf (last visited Feb. 1, 2022). For purposes of this data, ‘fixed broadband services’ are measured at 25 megabits per s econd
downstream and 3 megabits per second upstream.
3 American Broadband Initiative, Milestones Report, at 11 (Feb. 13, 2019), available at

https://www.ntia.doc.gov/files/ntia/publications/american_broadband_initiative_milestones_report.pdf (last visited Feb. 1, 2022).
4 COVID-19 lockdowns expose the digital have-nots in rural areas – here’s which policies can get them connected (Sep. 2, 2020),

https://theconversation.com/covid-19-lockdowns-expose-the-digital-have-nots-in-rural-areas-heres-which-policies-can-get-them-
connected-144324 (last visited Feb. 1, 2022).
5 Id.
6 New American Economy Research Fund, Back to School: A Look at the Internet Access Gap. (Aug. 6, 2020),

https://research.newamericaneconomy.org/report/internet-access-covid-19/ (last visited Feb. 1, 2022).
7 FCC, FCC Launches $20 Billion Rural Digital Opportunity Fund, https://www.fcc.gov/document/fcc-launches-20-billion-rural-

digital-opportunity-fund-0 (last visited Feb. 1, 2022).
8 FCC, Auction 904 Winning Bidders, https://www.fcc.gov/document/auction-904-winning-bidders (last visited Feb. 1, 2022).
9 See, FCC, FCC Launches $20 Billion Rural Digital Opportunity Fund , supra note 7 at 3. In August 2019, the FCC adopted the

Digital Opportunity Data Collection Program, which modernized the collection of broadband deployment data by creating granula r
coverage maps, as opposed to census tract maps, and by implementing a process to accept public data to confirm the maps’ accuracy.
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available at least $4.4 billion to target geographic areas where some locations lack access to 25/3
Mbps broadband.10 Grants from both phases of the Fund are provided directly to service providers.

Department of Commerce Coronavirus Capital Projects Fund

The 2021 American Rescue Plan11 allocated $10 billion to eligible governments to carry out capital
projects to meet critical needs, with an emphasis on broadband infrastructure. 12 Each state is eligible
for a fixed amount of $100 million plus an additional allocation based on the state’s population, the
proportion of its population that lives in rural areas, and the proportion of individuals who receive a
household income below 150 percent of the poverty line.13

Eligible states must have applied by December 27, 2021, and submit a grant plan by September 24,
2022.14 Capital Projects Fund recipients may pass the funds on to subrecipients, such as other levels of
government, non-profits, or private entities. Florida’s allocation of these funds is $366 million,15 for
which Florida’s Department of Economic Opportunity (DEO) timely applied.

Presumptively eligible projects under the program include the construction and deployment of
broadband infrastructure that is designed to deliver service that reliably meets or exceeds symmetrical
speeds of 100 Mbps, or if impracticable, speeds of 100 Mbps downstream and 20 Mbps upstream. 16
Projects that may be eligible on a case-by-case review include investments in capital assets, such as
buildings, towers, digital devices and equipment, fiber-optic lines, and broadband networks.17

USDA Programs

The U.S. Department of Agriculture (USDA) has several rural utilities programs to provide a variety of
loans and grants to build and expand broadband networks.18 The ReConnect Program offers federal
loans, grants, and loan/grant combinations to facilitate broadband deployment to rural areas without
access to sufficient broadband service. Eligible entities include cooperatives and nonprofits, for-profit
companies, and state and local governments and their agencies and political subdivisions. Applicants
for a grant or a loan/grant combination under the ReConnect Program must submit a scoring sheet by
which USDA may analyze nine separate evaluation criteria to score the application. One of the
evaluation criteria is whether the proposed project is in a state with a broadband plan that has been
updated within the previous 5 years.19

Additional Federal Broadband Funding and Initiatives

In March 2020, Congress ratified the FCC’s Data Collection Program with passage of the Broadband Data Act, which requires the
FCC to establish a semiannual collection of geographically granular broadband coverage data to use to create coverage maps.
Congress allocated $65 million to the FCC to achieve this mapping project in December 2020.
10 Id. at 4.
11 Pub. L. 117-2 (117th Congress) (H.R. 1319).
12 U.S. Dep’t. of Treasury, Capital Projects Fund, https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state-local-and-

tribal-governments/capital-projects-fund (last visited Feb. 1, 2022).
13 U.S. Dep’t. of Treasury, Coronavirus Capital Projects Fund: Allocations Methodology for States, Terri tories, and Freely

Associated States (Aug. 2021), https://home.treasury.gov/system/files/136/Allocations -Methodology-States-Territories-Freely-
Associated-States.pdf (last visited Feb. 1, 2022).
14 Id. See also, U.S. Dep’t. of Treasury, Guidance for the Coronavirus Capital Projects Fund for States, Territories, and Freely

Associated States, 1, 14 (Sept. 2021), https://home.treasury.gov/system/files/136/Capital-Projects-Fund-Guidance-States-Territories-
and-Freely-Associated-States.pdf (last visited Feb. 1, 2022).
15 U.S. Dep’t. of Treasury, Coronavirus Capital Projects Fund: Allocations for States, District of Columbia, and Puerto Rico,

https://home.treasury.gov/system/files/136/Allocations-States.pdf (last visited Feb. 1, 2022).
16 U.S. Dep’t. of Treasury, Guidance for the Coronavirus Capital Projects Fund for States, Territories, and Freely Associated States,

supra note 14 at 3.
17 Id. at 7.
18 USDA, Telecom Programs, available at https://www.rd.usda.gov/programs -services/all-programs/telecom-programs (last visited

Feb. 1, 2022).
19 See USDA, ReConnect Loan and Grant Program, available at https://www.usda.gov/reconnect#anchor1 (last visited Feb. 1, 2022).
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Multiple federal assets have been made available to assist with the expansion of broadband, for
example:20
 The U.S. Department of Housing and Urban Development 21 offers block grants that can support
broadband infrastructure;
 The Department of the Interior launched a mapping tool to allow service providers to locate
federal property available for infrastructure development;22 and
 The National Telecommunications and Information Administration (NTIA) within the U.S.
Department of Commerce is working to improve coordination between federal programs that
fund broadband and statewide efforts.23

The Consolidated Appropriations Act passed by Congress in December 202024 included the following
funding to expand broadband Internet access for students, families, and unemployed workers:25
 $300 million for areas lacking broadband, especially rural areas;26
 $250 million for the FCC’s telehealth program;27
 $285 million to fund a pilot program to assist with broadband issues at historically Black colleges
and universities;28 and
 $1 billion in grants for tribal broadband programs.29

The American Rescue Plan, signed into law on March 11, 2021, includes multiple appropriations that
can be used for broadband infrastructure, including $10 billion for the Coronavirus Capital Projects
Fund (discussed above) to provide grants to states for the costs of capital projects, like broadband
infrastructure, and $130.2 billion for Community Development Block Grants that can be used for
community development projects, including broadband infrastructure.30

Additionally, the Infrastructure Investment and Jobs Act,31 signed into law on November 15, 2021,
contains $64 billion in funding for broadband expansion and access. The law: 32

20 See generally, National Telecommunications and Information Administration (NTIA), American Broadband Initiative, Progress
Report (June 2020), available at https://www.ntia.doc.gov/files/ntia/publications/abi_progress_report_june2020.pdf (last Jan. 21,
2022).
21 U.S. Department of Housing and Urban Development, State CDBG Program Broadband Infrastructure FAQs (Jan. 7, 2016),

available at https://files.hudexchange.info/resources/documents/State-CDBG-Program-Broadband-Infrastructure-FAQs.pdf (last
visited Feb. 1, 2022).
22 U.S. Department of Interior, Supporting Broadband Tower Facilities in Rural America on Federal Properties Managed at Interior ,

available at https://www.doi.gov/broadband (last visited Feb. 1, 2022).
23 Broadband USA, State Broadband Leaders Network (Dec. 19, 2018), available at https://broadbandusa.ntia.doc.gov/ntia-

resources/state-broadband-leaders-network-sbln (last visited Feb. 1, 2022).
24 Consolidated Appropriations Act of 2020, H.R. 1865, 116th Cong. (2020).
25 NCSL, COVID-19 Economic Relief Bill: Broadband, (Jan. 4, 2021) https://www.ncsl.org/ncsl-in-dc/publications-and-

resources/covid-19-economic-relief-bill-stimulus.aspx#:~:text=Erlinda%20Doherty-
,Overview,agency%20operations%20through%20September%202021. (last visited Feb. 1, 2022).
26 See generally, NTIA, Overview of Consolidated Appropriations Act, 2021: Broadband Infrastructure Deployment Grants, available

at https://broadbandusa.ntia.doc.gov/ntia-common-content/overview-consolidated-appropriations-act-2021 (last visited Feb. 1, 2022).
These grants will be available to support infrastructure for the deployment of fixed broadband service in a census block with at least
one household or business that does not have access to internet at 25/3Mbps or higher.
27 FCC, COVID-19 Telehealth Program (Feb. 9, 2021), available at https://www.fcc.gov/covid-19-telehealth-program (last visited

Feb. 1, 2022).
28 See generally, NTIA, Minority Broadband Initiative, available at https://www.ntia.doc.gov/category/minority-broadband-initiative

(last visited Feb. 1, 2022).
29 See generally, NTIA, NTIA Announces Tribal Consultations on New Program to Increase Broadband Access Across Indian

Country (Feb. 5, 2021), available at https://www.ntia.gov/blog/2021/ntia-announces-tribal-consultations-new-program-increase-
broadband-access-across-indian (last visited Feb. 1, 2022).
30 Pub. L. No. 112-2, ss. 603 and 604 (117th Congress) (H.R. 1319). U.S. Treasury, FACT SHEET: The American Rescue Plan Will

Deliver Immediate Economic Relief to Families, https://home.treasury.gov/news/press-releases/jy0069 (last visited Feb. 1, 2022).
31 Pub. L. No. 117-58 (117th Congress) (H.R. 3684). See also, Congressional Research Service, The Infrastructure Investment and

Jobs Act (P.L. 117-58): Summary of the Broadband Provisions in Division F (Nov. 16, 2021),
https://crsreports.congress.gov/product/pdf/R/R46967 (last visited Feb. 1, 2022).
32 NTIA, Infrastructure Investment and Jobs Act Overview, https://www.ntia.doc.gov/category/grants (last visited Feb. 1, 2022).
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 Establishes the Broadband Equity, Access, and Development Program to be administered by
the NTIA to states through matching grants;
 Allocates $2.75 billion to the Digital Equity Act Competitive Grant Programs administered by the
Department of Commerce;
 Invests $2 billion in the Tribal Broadband Connectivity Program; and
 Funds the Middle Mile Grants program, administered by the NTIA, with $1 billion, especially to
support construction, improvement, or acquisition of broadband infrastructure.

Florida Broadband Initiatives

Florida’s Office of Broadband

In 2020, the Legislature designated the Department of Economic Opportunity as the lead state agency
to facilitate the expansion of broadband Internet service in the state. 33 The Florida Office of Broadband
(Office) was created within DEO’s Division of Community Development for purposes of developing,
marketing, and promoting broadband Internet service in the state. 34

The Office must:35
 Create a strategic plan36 for increasing the availability and use of broadband Internet service in
the state, which must identify federal funding sources for the expansion of broadband and
include a process to review and verify public input regarding transmission speeds and
availability of broadband Internet service throughout the state;
 Build local technology planning teams representing, among others, libraries, schools, colleges
and universities, local health care providers, private businesses, community organizations,
economic development organizations, local governments, tourism, parks and recreation, and
agriculture to identify needs and resources to reduce barriers to the deployment of broadband
Internet services;
 Encourage the use of broadband Internet service, especially in rural, unserved, and
underserved37 areas of the state through grant programs; and
 Monitor, participate in, and provide input in proceedings of the FCC and other federal agencies
related to the geographic availability and deployment of broadband Internet service as
necessary to ensure that Florida’s rural, unserved, and underserved areas are best positioned
to benefit from federal and state broadband deployment programs; and
 Administer Florida’s Broadband Opportunity Program.38

DEO may apply for and accept federal grant funds, enter into necessary or useful contracts, and
establish any committee or workgroup to administer the program to further the above goals.39

In 2021, the Legislature appropriated $1.5 million to DEO to develop geographic information system
maps of broadband Internet service availability, including transmission speeds, consistent with the
FCC’s data collection program standards.40 DEO must collaborate with broadband service providers,
state agencies, local government entities, private businesses, educational institutions, and community
organizations to develop these maps.41 Through its website, DEO allows for public input concerning the
speed, connectivity, and access to broadband Internet service in areas throughout the state to help

33 Ch. 2002-26, Laws of Fla.
34 Id.
35 S. 288.9961(4), F.S.
36 The strategic plan must be submitted to the Governor, the President of the Senate, and the Speaker of the House of Representa tives

by June 30, 2022, and updated biennially thereafter. S. 288.9961(4)(a), F.S.
37 Section 288.9961(2)(f), F.S., defines the term “underserved” to mean a geographic area of this state in which there is no provider of

broadband Internet service that offers a connection to the Internet with a capa city for transmission at a consistent speed of at least 10
Mbps downstream and at least 1 Mbps upstream.
38 The Broadband Opportunity Program is established in s. 288.9962, F.S., to award grants to those who seek to expand broadband

Internet service to unserved areas of Florida.
39 S. 288.9961(5), F.S.
40 Ch. 2021-24, Laws of Fla.
41 Id.
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identify unserved and underserved areas. DEO’s mapping efforts are not complete and will continue to
be updated as more data is added.42

Broadband Opportunity Program

In 2021, the Legislature created the Broadband Opportunity Program 43 (grant program) to award grants
to applicants who seek to expand access to broadband Internet service44 in unserved45 areas of the
state, regardless of the technology to be used. Grant funds may not be used to provide broadband
Internet service to a geographic area where broadband Internet is already deployed by at least one
provider. Applicants eligible for grant awards include corporations, limited liability companies, general
partnerships, limited partnerships, political subdivisions, and Indian tribes.

In evaluating grant applications and awarding grants, the Office must prioritize applications that:
 Offer broadband Internet service to important community institutions, including, but not limited
to, 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 households
and businesses;
 Leverage greater amounts of funding for the project from private sources; or
 Demonstrate consistency with the Office’s strategic plan. 46

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, when combined with
any state or local funds, may not fund more than 50 percent of the total cost of a project, and a single
project may not be awarded a grant in excess of $5 million.

The Office has not yet received funding for the grant program.

Promotional Pole Attachment Rates

The term “pole attachment” refers to the process by which communications companies can collocate
communications infrastructure on existing electric utility poles. Utility poles are divided into various
“spaces” for specific uses, and different vertical portions of the pole serve different functions.47 Utility
poles often accommodate equipment used to provide a variety of services, including electric power,
telephone, cable, wireline broadband, and wireless, which benefits the public by minimizing
“unnecessary and costly duplication of plant for all pole users.”48

42 DEO, Office of Broadband, https://floridajobs.org/community-planning-and-development/broadband/office-of-broadband (last

visited Feb. 1, 2022).
43 Section 288.9962, F.S.
44 Section 288.9961(2)(a), F.S., defines the term “broadband Internet service” to mean any service that provides access to the Internet

with a capacity for transmission at a consistent speed of at least 25 megabits per second download and 3 megabits per second upload.
45 Section 288.9961(2)(g), F.S., defines the term “unserved” to mean a geographic area of the state without access to broadband

Internet service.
46 The Office is in the process of developing a strategic plan for submission by June 30, 2022, as required by section 288.9961(4)(a),

F.S.
47 See Florida Public Service Commission, What’s on a Utility Pole? http://www.psc.state.fl.us/ConsumerAssistance/UtilityPole (last

visited Feb. 1, 2022).
48 S. REP . NO. 95-580, at 13 (1977), as reprinted in 1978 U.S.C.C.A.N. 109, 121.
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When a new attacher, such as a broadband Internet service provider, seeks access to a pole, it is
necessary to evaluate whether adding the attachment will be safe and whether there is room for it. In
many cases, existing attachments must be moved to make room for the new attachment. In some
cases, it is necessary to install a larger pole to accommodate a new attachment. 49

Except for certain small cell wireless facilities, attachments of cable and telecommunications carrier
facilities to utility poles owned by a municipal electric utility are not regulated at the state or federal
level.

In 2021, the Legislature provided for a promotional rate of $1 per wireline attachment per pole, per year
for any new attachment necessary to make broadband Internet service available to an unserved or
underserved end user within a municipal electric utility service territory. This rate began July 1, 2021,
and ends July 1, 2024.50

Under this promotional program, if a municipal electric utility is required to replace a utility pole due to a
broadband provider’s attachment, the municipal electric utility may require the broadband provider to
reimburse all reasonable costs attributable to the new attachment, minus the salvage value of the pole.
A utility cannot require pole replacement to accommodate the broadband provider’s pole attachment
unless it is necessary to comply with applicable engineering and safety standards. Additionally, if the
pole replacement is necessary to correct an existing violation, to bring the pole into compliance with
changes in applicable standards, or because the pole is at the end of its useful life, the replacement
cost may not be passed on to the broadband provider.51

Effect of Proposed Changes

The bill provides that, for purposes of reimbursement under the bill, pole replacement costs are the
actual costs incurred by an eligible applicant:
 To remove and dispose of one or more existing poles that are owned by an electric utility as
defined in s. 366.02(2), a communications services provider as defined in s. 366.02(5), a cable
television operator, or a local exchange carrier and that are used in whole or in part to distribute
electricity or provide wireline communications service;
 To purchase and install one or more replacement poles; and
 To transfer to such replacement pole or poles any facilities previously attached to the pole or
poles that were removed and replaced.

The bill provides that these pole replacement costs are eligible for reimbursement if the costs are
actually incurred by an eligible applicant to install or deploy infrastructure to support the provision of
broadband Internet service to customers in an unserved area and:
 Federal or state funds have not been awarded to a broadband Internet service provider to install
or deploy infrastructure to support the provision of broadband Internet service to customers in
the same area; and
 The applicant has not applied for any other federal or state funds to install or deploy
infrastructure to support the provision of broadband Internet service to customers in the same
area.

49 FCC-CIRC1808-03 at 4-5.
50 S. 288.9963, F.S.
51 Id.
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Under these provisions of the bill, an entity may not receive reimbursement funds if it has been
awarded or has applied for funds under the grant program to deploy broadband Internet service to the
same area.

The bill requires that applications for reimbursement of pole replacement costs must provide
information sufficient to establish the actual amount of the costs incurred and eligible for reimbursement
and such other information as required by the Office. Applications must be submitted in a form
specified by the Office.

The bill requires the Office, by January 1, 2023, and each year thereafter, to 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 reimbursement applications received during the previous fiscal year. For
each application, the Office must provide:
 The reimbursement amounts requested;
 The reimbursement amounts awarded, if any; and
 To the extent available, the number of end-use locations, by customer class, to which
broadband Internet service has been made available through pole replacements for which
reimbursement was provided.

The bill requires DEO to adopt implementing rules, which may specify maximum annual reimbursement
amounts per applicant and maximum reimbursement amounts per eligible pole replacement.

B. SECTION DIRECTORY:
Section 1 Amends s. 288.9961, F.S., relating to promotion of broadband adoption and the Florida
Office of Broadband.

Section 2 Creates s. 288.9964, F.S., relating to reimbursement of certain pole replacement costs.

Section 3 Provides a contingent effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
The bill authorizes reimbursement of certain pole replacement costs, based on the availability of
funds.

DEO will incur expenses to conduct rulemaking as required by the bill.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None,

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

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DATE: 2/27/2022
Reimbursement of eligible pole replacement costs, if funded, will lower the costs for broadband service
providers to extend broadband service to unserved areas in the state. This may encourage the
extension of service to such areas, providing greater access to broadband service in those areas.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to affect county or municipal governments

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill requires DEO to adopt rules to implement the provisions of the bill.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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PCS for HB 1543 2022

1 A bill to be entitled
2 An act relating to broadband infrastructure; amending
3 s. 288.9961, F.S.; revising the duties of the Florida
4 Office of Broadband to include administering
5 reimbursements under newly created s. 288.9964, F.S.;
6 creating s. 288.9964, F.S.; authorizing certain
7 persons to apply to the office for reimbursement of
8 certain pole replacement costs, subject to
9 availability of funds; defining pole replacement
10 costs; providing conditions under which costs are
11 eligible for reimbursement; providing for
12 applications; requiring certain information to be
13 reported and published annually by the office;
14 requiring the Department of Economic Opportunity to
15 adopt implementing rules; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Paragraph (g) is added to subsection (4) of
20 section 288.9961, Florida Statutes, to read:
21 288.9961 Promotion of broadband adoption; Florida Office
22 of Broadband.—
23 (4) FLORIDA OFFICE OF BROADBAND.—The Florida Office of
24 Broadband is created within the Division of Community
25 Development in the department for the purpose of developing,

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26 marketing, and promoting broadband Internet services in this
27 state. The office, in the performance of its duties, shall do
28 all of the following:
29 (g) Administer reimbursements under s. 288.9964.
30 Section 2. Section 288.9964, Florida Statutes, is created
31 to read:
32 288.9964 Reimbursement of certain pole replacement costs.—
33 (1) Any person eligible to apply for a grant award under
34 s. 288.9962 may apply to the office for reimbursement of pole
35 replacement costs as specified in this section, subject to
36 availability of funds. If funds disbursed or awarded to the
37 state by the federal government are used to provide
38 reimbursement under this section, such use must comply with any
39 requirements or conditions for use of the federal funds .
40 (2) For purposes of this section, pole replacement costs
41 are the actual costs incurred by an eligible applicant:
42 (a) To remove and dispose of one or more existing poles
43 that are owned by an electric utility as defined in s.
44 366.02(2), a communications services provider as defined in s.
45 366.02(5), a cable television operator, or a local exchange
46 carrier and that are used in whole or in part to distribute
47 electricity or provide wireline communications service;
48 (b) To purchase and install one or more replacement poles;
49 and
50 (c) To transfer to such replacement pole or poles any

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51 facilities previously attached to the pole or poles that were
52 removed and replaced.
53 (3) Pole replacement costs are eligible for reimbursement
54 under this section if:
55 (a) The costs are actually incurred by an eligible
56 applicant to install or deploy infrastructure to support the
57 provision of broadband Internet service to customers in an
58 unserved area;
59 (b) Federal or state funds have not been awarded to a
60 broadband Internet service provider to install or deploy
61 infrastructure to support the provision of broadband Internet
62 service to customers in the same area; and
63 (c) The applicant has not applied for any other federal or
64 state funds to install or deploy infrastructure to support the
65 provision of broadband Internet service to customers in the same
66 area.
67 (4) Applications for reimbursement of pole replacement
68 costs under this section shall provide information sufficient to
69 establish the actual amount of the costs incurred and eligible
70 for reimbursement and such other information as required by the
71 office and shall be submitted in a form specified by the office.
72 (5) By January 1, 2023, and each year thereafter, the
73 office shall publish on its website and provide to the Governor,
74 the President of the Senate, and the Speaker of the House of
75 Representatives, a list of all reimbursement applications

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76 received during the previous fiscal year and for each
77 application:
78 (a) The reimbursement amounts requested;
79 (b) The reimbursement amounts awarded, if any; and
80 (c) To the extent available, the number of end-use
81 locations, by customer class, to which broadband Internet
82 service has been made available through pole replacements
83 supported by this section.
84 (6) The department shall adopt rules to implement this
85 section. Such rules may specify maximum annual reimburseme nt
86 amounts per applicant and maximum reimbursement amounts per
87 eligible pole replacement.
88 Section 3. This act shall take effect July 1, 2022.

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PCS for HB 1545
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCS for HB 1545 Trust Funds/Broadband Pole Replacement Trust Fund/DEO
SPONSOR(S): Commerce Committee
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

Orig. Comm.: Commerce Committee Keating Hamon

SUMMARY ANALYSIS

PCS for HB 1545 creates the Broadband Pole Replacement Trust Fund within the Department of Economic
Opportunity (DEO) and provides that the trust fund is established as a depository for funds appropriated by the
Legislature, federal funds received from the federal Coronavirus Capital Projects Fund, funds transferred by
DEO, interest earnings, and grants, gifts, and other contributions made directly to the fund. In accordance with
article III, section 19(f)(2) of the Florida Constitution, the trust fund terminates four years after the effective date
of the bill. Before its scheduled termination, the trust fund must be reviewed pursuant to state law.

Article III, s. 19(f)(1) of the State Constitution specifies that a trust fund of the State of Florida or other public
body may only be created or recreated by law in a separate bill. The bill creating or recreating the trust fund
must pass with a three-fifths vote of the membership of each house of Legislature. Thus, this bill requires a
three-fifths vote for passage.

This bill is linked to HB 1543, authorizing the Florida Office of Broadband (Office) within DEO to reimburse
certain pole replacement costs incurred by certain entities to install or deploy infrastructure to support the
provision of broadband Internet service to customers in unserved areas.

The bill has no fiscal impact on state or local governments.

This bill takes effect on the same date that HB 1543 takes effect, if such legislation is adopted in the same
legislative session or an extension thereof and becomes law.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs1545.COM
DATE: 2/27/2022
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Trust Funds

Article III, section 19(f) of the Florida Constitution requires that state trust funds may only be created by
the Legislature if passed by a three-fifths vote of the membership of each house of the Legislature in a
separate bill for the sole purpose of creating a trust fund. Each trust fund must be created by general
law that specifies at a minimum all of the following:
 The name of the trust fund;
 The agency or branch of state government responsible for administering the trust fund;
 The requirements or purposes the trust fund is established to meet;
 The sources of moneys to be credited to the trust fund or specific sources of receipts to be
deposited in the trust fund.1

State trust funds terminate no more than four years after the effective date of the act authorizing the
initial creation of the trust fund.2 The Legislature is required to review all state trust funds at least once
every four years.3 If the Legislature does not re-create a trust fund, it will be abolished four years after
its initial creation pursuant to the Florida Constitution.4

Department of Commerce Coronavirus Capital Projects Fund

In 2021, the American Rescue Plan5 allocated $10 billion to eligible governments to carry out capital
projects to meet critical needs, with an emphasis on broadband infrastructure. 6 Each state is eligible for
a fixed amount of $100 million plus an additional allocation based on the state’s population, the
proportion of its population that lives in rural areas, and the proportion of individuals who receive a
household income below 150 percent of the poverty line. 7

Eligible states must have applied by December 27, 2021, and submit a grant plan by September 24,
2022.8 Capital Projects Fund recipients may pass the funds on to subrecipients, such as other levels of
government, non-profits, or private entities. Florida’s allocation of these funds is $366 million, 9 for which
DEO timely applied.

1
S. 215.3207, F.S.
2 Art III, s. 19. Fla. Const.
3 Section 215.3208, F.S.
4 Art III, s. 19. Fla. Const.
5 Pub. L. 117-2 (117 th Congress) (H.R. 1319).
6
U.S. Dep’t. of Treasury, Capital Projects Fund, https://home.treasury.gov/policy -issues/coronavirus/assistance-for-state-local-and-tribal-
governments/capital-projects-fund (last visited Feb. 1, 2022).
7 U.S. Dep’t. of Treasury, Coronavirus Capital Projects Fund: Allocations Methodology for States, Territories, and Freely Associated

States (Aug. 2021), https://home.treasury.gov/system/files/136/Allocations-M ethodology-States-Territories-Freely-Associated-States.pdf (last
visited Feb. 1, 2022).
8 Id. See also, U.S. Dep’t. of Treasury, Guidance for the Coronavirus Capital Projects Fund for States, Territories, and Freely

Associated States, 1, 14 (Sept. 2021), https://home.treasury.gov/system/files/136/Capital-Projects-Fund-Guidance-States-Territories-and-Freely-
Associated-States.pdf (last visited Feb. 1, 2022).
9 U.S. Dep’t. of Treasury, Coronavirus Capital Projects Fund: Allocations for States, District of Columb ia, and Puerto Rico,

https://home.treasury.gov/system/files/136/Allocations-States.pdf (last visited Feb. 1, 2022)
10U.S. Dep’t. of Treasury, Guidance for the Coronavirus Capital Projects Fund for States, Territories, and Freely Associated States, at

3. (Sept. 2021), https://home.treasury.gov/system/files/136/Capital-Projects-Fund-Guidance-States-Territories-and-Freely-Associated-States.pdf
(last visited Feb. 1, 2022).
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Projects that may be eligible on a case-by-case review include investments in capital assets, such as
buildings, towers, digital devices and equipment, fiber-optic lines, and broadband networks.11

HB 1543

HB 1543, to which this bill is linked, authorizes the Office within DEO to reimburse, subject to funding,
certain pole replacement costs incurred by certain entities to install or deploy infrastructure to support
the provision of broadband Internet service to customers in unserved areas.

Effect of the Bill

This bill creates the Broadband Pole Replacement Trust Fund within DEO for the deposit of funds
appropriated by the Legislature; federal funds received from the Coronavirus Capital Projects Fund for
the purpose of providing reimbursement of certain pole replacement costs; funds transferred by DEO;
interest earnings; and grants, gifts, and other contributions made directly to the fund.

The bill provides that funds from the trust fund will be used to provide reimbursements to eligible
applicants pursuant to s. 288.9964, F.S., as provided in linked bill HB 1543, and for use by the Office in
the administration of such reimbursements. The bill further provides that any balance that is in the trust
fund at the end of any fiscal year shall be carried forward in the trust fund for these purposes.

Pursuant to the requirements of the Florida Constitution, the trust fund will terminate four years after its
effective date, but must first be reviewed as provided in s. 215.3206(1) and (2), F.S.

The bill provides that it takes effect on the same date that HB 1543 or similar legislation takes effect, if
such legislation is adopted in the same legislative session or an extension thereof and becomes law.

B. SECTION DIRECTORY:
Section 1 Creates s. 288.9965, F.S., creating the Broadband Pole Replacement Trust Fund.

Section 2 Provides a directive to the Division of Law Revision.

Section 3 Provides a contingent effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

11 Id. at 7.

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DATE: 2/27/2022
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.

D. FISCAL COMMENTS:
None.

III. 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:
Trust Funds
Article III, s. 19(f), of the Florida Constitution requires that every trust fund be created by a three-
fifths vote of the membership of each house of the Legislature in a separate bill for the sole purpose
of creating a trust fund. State trust funds terminate no more than four years after the initial creation,
unless they are re-created.

B. RULE-MAKING AUTHORITY:
The bill does not require or authorize rulemaking.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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PCS for HB 1545 2022

1 A bill to be entitled
2 An act relating to the Broadband Pole Replacement
3 Trust Fund; creating s. 288.9965, F.S.; creating the
4 Broadband Pole Replacement Trust Fund within the
5 Department of Economic Opportunity; providing the
6 purpose of the trust fund; providing that moneys
7 credited to the trust fund shall consist of certain
8 funds; requiring that funds in the trust fund be used
9 in a manner consistent with federal law; providing
10 that the balance in the trust fund at the end of a
11 fiscal year remains in the trust fund and is available
12 for carrying out the purposes of the trust fund;
13 providing for future legislative review and
14 termination or re-creation of the trust fund;
15 providing a directive to the Division of Law
16 Revision;; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 288.9965, Florida Statutes, is created
21 to read:
22 288.9965 Broadband Pole Replacement Trust Fund.—
23 (1) The Broadband Pole Replacement Trust Fund is created
24 within the Department of Economic Opportunity for the purpose of
25 providing reimbursements to eligible applicants pursuant to s.

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26 288.9964 and for use by the Florida Office of Broadband in the
27 administration of such reimbursements. Moneys credited to the
28 trust fund shall consist of funds appropriated by the
29 Legislature; federal funds received from the Coronavirus Capital
30 Projects Fund for the purpose of providing reimbursements as
31 specified in s. 288.9964; funds transferred by the department;
32 interest earnings; and grants, gifts, and other contributions
33 made directly to the trust fund. Funds in the trust fund must be
34 used in a manner consistent with federal law.
35 (2) Notwithstanding s. 216.301 and pursuant to s. 216.351,
36 any balance in the trust fund at the end of any fiscal year
37 shall remain in the trust fund at the end of the year and shall
38 be available for carrying out the purposes of the trust fund.
39 (3) In accordance with s. 19(f)(2), Art. III of the State
40 Constitution, unless terminated sooner, the Broadband Pole
41 Replacement Trust Fund shall be terminated 4 years after the
42 effective date of this act. Before its scheduled termination,
43 the trust fund shall be reviewed as provided in s. 215.3206(1)
44 and (2).
45 Section 2. The Division of Law Revision is directed to
46 replace the phrase "4 years after the effective date of this
47 act" wherever it occurs in this act with the date the trust fund
48 will terminate.
49 Section 3. This act shall take effect on the same date
50 that HB 1543 or similar legislation takes effect if such

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51 legislation is adopted in the same legislative session or an
52 extension thereof and becomes a law.

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