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PCS for HB 1543 (2022) — An act relating to broadband infrastructure

Summary

PCS for HB 1543 (2022), a bill text entitled an act relating to broadband infrastructure. Section 1 adds paragraph (g) to subsection (4) of section 288.9961, Florida Statutes, so that the Florida Office of Broadband administers reimbursements under section 288.9964. Section 2 creates section 288.9964, under which a person eligible to apply for a grant award under section 288.9962 may apply to the office for reimbursement of pole replacement costs, subject to availability of funds. By January 1, 2023, and each year thereafter, the office publishes a list of reimbursement applications on its website and provides it to the Governor, the President of the Senate, and the Speaker of the House of Representatives. Section 3 sets the effective date at July 1, 2022.

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“PCS for HB 1543 (2022) — An act relating to broadband infrastructure.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-3098-commerce-committee-proposed-committee-bills-pcbs-fn-pcs-for-4d4a180a65/, SHA-256 798bc9364bc088eac2ab77e9ccbf24341d71455e869d53e57329c5187b975f1d.

Full text

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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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        PCS for HB 1543                                                                                      2022




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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        PCS for HB 1543                                                                                      2022




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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        PCS for HB 1543                                                                                      2022




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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