Florida House Tourism, Infrastructure & Energy Subcommittee meeting packet, March 3, 2021
Summary
The meeting packet for the Florida House of Representatives Tourism, Infrastructure & Energy Subcommittee of the Commerce Committee, meeting Wednesday, March 3, 2021 from 1:00 PM to 3:00 PM in Sumner Hall, under Speaker Chris Sprowls and Chair Brad Drake. The agenda lists bills including HB 249 on specialty license plates, HB 267 on state preemption of seaport regulation, a public records bill on economic development agencies, HB 695 on a digital license plate pilot program, HB 753 on broadband internet deployment, HB 839 on state preemption of energy infrastructure regulation and HB 6059 on a multi-use corridor. The packet carries the bills and staff analyses.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
Tourism, Infrastructure & Energy
Subcommittee
Wednesday, March 3, 2021
1 :00 PM - 3:00 PM
Sumner Hall (404 HOB)
Meeting Packet
Chris Sprowls Brad Drake
Speaker Chair
The Florida House of Representatives
Commerce Committee
Tourism, Infrastructure & Energy Subcommittee
Chris Sprowls Brad Drake
Speaker Chair
AGENDA
Wednesday, March 3, 2021
Sumner Hall (404 HOB)
1:00 PM-3:00 PM
I. Call to Order & Roll Call
II. Welcoming Remarks
III. Consideration of the following bills(s):
HB 249 by Rep. Tant
Specialty License Plates
HB 267 by Reps. Roach, Sirois
State Preemption of Seaport Regulation
HB 3 79 by Rep. Giallombardo
Pub. Rec./Economic Development Agencies
HB 695 by Rep. Duran
Digital License Plate Pilot Program
HB 753 by Rep. Clemons
Broadband Internet Deployment
HB 839 by Rep. Fabricio
State Preemption of Energy Infrastructure Regulation
HB 6059 by Rep. Shoaf
Composition of the Multi-use Corridors of Regional Economic Significance Program
IV. Adjournment
303 House Office Building, 402 South Monroe Street, Tallahassee, Florida 32399-1300
(850) 717-4873 Fax: (850) 4 I 3-0419
Committee Meeting Notice
HOUSE OF REPRESENTATIVES
Tourism, Infrastructure & Energy Subcommittee
Start Date and Time: Wednesday, March 03, 2021 01:00 pm
End Date and Time: Wednesday, March 03, 2021 03:00 pm
Location: Sumner Hall (404 HOB)
Duration: 2.00 hrs
Consideration of the following blll(s):
HB 249 Specialty License Plates by Tant
HB 267 State Preemption of Seaport Regulations by Roach, Sirois
HB 379 Pub. Rec./Economic Development Agencies by Giallombardo
HB 695 Digital License Plate Pilot Program by Duran
HB 753 Broadband Internet Deployment by Clemons
HB 839 State Preemption of Energy Infrastructure Regulation by Fabricio
HB 6059 Composition of the Multi-use Corridors of Regional Economic Significance Program by Shoaf
This meeting will be live-streamed on https://thefloridachannel.org/. Persons who wish to attend must
register at www.myfloridahouse.gov, and pick up a pass at the Legislative Welcome Center on the 4th Floor
of the Capitol beginning one hour before the start of the meeting. Audience seating will be socially
distanced and will be available on a first-come, first-served basis. Registration closes three hours before
the meeting starts.
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 249 Specialty License Plates
SPONSOR(S): Tant and others
TIED BILLS: IDEN./SIM. BILLS: SB 676
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee Johnso
2) Infrastructure & Tourism Appropriations
Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
Approximately 120 specialty license plates are available to any owner or lessee of a motor vehicle who is
willing to pay the additional annual use fee for such plate. The collected fees are distributed by the Department
of Highway Safety and Motor Vehicles (DHSMV) to statutorily designated organizations in support of a
particular cause or charity.
The bill creates the Florida State Parks specialty license plate with an annual use fee of $25. The plate must
bear DHSMV approved colors and designs with "Florida" appearing at the top of the plate and "Explore Our
State Parks" appearing at the bottom of the plate. The annual use fees are distributed to the Florida State
Parks Foundation.
The bill will have a negative, but insignificant, fiscal impact to state expenditures associated with DHSMV's
programming costs associated with the creation of the specialty license plate.
The bill has an effective date of October 1, 2021 .
This document 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:
Current Situation
The first Florida specialty license plates were enacted in 1986 and included the creation of the
Challenger plate and ten Florida collegiate plates. Today, there are approximately 120 specialty license
plates available to any owner or lessee of a motor vehicle who is willing to pay the additional use fee for
the privilege, typically $25 annually. 1 Current law provides that if the Legislature2 has approved 150 or
more specialty license plates , the Department of Highway Safety and Motor Vehicles (DHMSV) may
not make any new specialty license plate available for design or issuance until a sufficient number of
plates are discontinued 3 so that the number of plates being issued does not exceed 150. 4
Establishment of Specialty License Plates
Section 320.08053 , F.S., provides the statutory requirements to establish a specialty license plate. If a
specialty license plate requested by an organization is approved by law, the organization submits its
proposed art design to DHSMV as soon as practicable, but no later than 60 days after the act
approving the plate becomes a law. 5
Within 120 days after the act approving the specialty license plate becomes law, DHSMV must
establish a method to issue a voucher allowing for the presale of the plate. A $5 processing fee, 6 a
service charge and branch fee, 7 and an annual use fee for the specialty license plate are charged for
the voucher. All other applicable fees are charged at the time the license plate is issued. 8
Within 24 months after establishing a presale specialty license plate voucher, the approved specialty
license plate must record with DHSMV a minimum of 3,000 voucher sales9 before the license plate may
be manufactured. If, at the conclusion of the 24-month presale period, the minimum sales requirement
is not met, the specialty license plate is deauthorized and DHSMV discontinues the plate's
development and the issuance of the presale vouchers . Upon deauthorization of the specialty license
plate , a purchaser of the specialty license plate voucher may use the annual use fee collected as a
credit towards any other specialty license plate or apply to DHSMV for a refund .10
New specialty license plates that have been approved by law, but are awaiting issuance, will be issued
in the order they appear ins. 320.08058, F.S., 11 if all statutory requirements, including the presale
requirement , have been met. If the next awaiting specialty license plate has not met its presale
requirement, DHSMV proceeds in the order provided ins. 320.08058 , F.S., to identify the next qualified
specialty license plate that has met the presale requirement. DHSMV must cycle through the list in
statutory order.12
1 Section 320.08056(3)(d), F.S., provides that except if specifically provided ins. 320.08056(4), the annual use fee for a specialty
license plate is $25.
2
Creation of a specialty license plate requires an act of the Legislature.
3
Specialty license plates are discontinued pursuant to s. 320.08056(8), F.S .
4
S. 320.08053(3)(b), F.S.
5
S. 320.08053( I), F.S.
6
The processing fee is prescribed in s. 320.08056, F.S.
7
Service charges and branch fees are prescribed ins. 320.04, F.S.
8
S. 320.08053(2)(a), F.S.
9
In the case of out-of-state college or university license plate, the license plate must register 4,000 voucher sales.
JOS. 320.08053(2)(b), F.S.
11
S. 320.08058, F.S., creates each specialty license plate.
12
S. 320.08053(3)(a), F.S.
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If the Legislature has approved 150 or more specialty license plates, DHSMV may not make any new
specialty license plates available for design or issuance until a sufficient number of plates are
discontinued 13 so that the number of plates being issued is fewer than 150. The 150 plate limit applies
to all specialty license plates, including those above the minimum sales threshold and those exempt
from the minimum-sales threshold. 14
Specialty License Plates, Generally
DHSMV is responsible for developing authorized specialty license plates.15 DHSMV must issue a
specialty license plate to the owner or lessee of any motor vehicle, except a vehicle registered under
the International Registration Plan, a commercial truck required to display two license plates, or a truck
tractor, upon request and payment of the appropriate license tax and fees. 16 Specific specialty license
plates are authorized for dealer and fleet vehicles. 17 A specialty license plate for motorcycles is
addressed separately in s. 320.08068, F.S.
Each request for a specialty license plate must be made annually to DHSMV or its authorized agent 18
accompanied by the following tax and fees: the vehicle's required license tax, 19 a processing fee of
$5, 20 a license plate fee, 21 and a license plate annual use fee as required for the specialty license
plate.22
Florida State Parks Foundation. Inc.
Founded in 1993, the Florida State Parks Foundation, Inc., supports the Florida State Park system
through programs that preserve and protect state parks, educate visitors about the value of state parks,
encourage community engagement and active use of state parks, and provide financial support to
supplement state funding. The foundation is a non-profit Florida corporation under s. 501 (3)(c) of the
Internal Revenue Code. 23
Effect of the Bill
The bill creates the Florida State Parks license plate, with an annual use fee of $25. 24 The plate must
bear DHSMV-approved colors and designs, with "Florida" appearing at the top of the plate and "Explore
Our State Parks" appearing at the bottom of the plate.
The annual use fees from the sale of the plate are distributed to the Florida State Parks Foundation,
Inc. Up to 10 percent of the fees from the sale of the plate may be used for marketing the plate and
costs directly associated with the administration of the Florida State Parks Foundation.
The bill has an effective date of October 1, 2021.
B. SECTION DIRECTORY:
Section 1 Amends s. 320.08058, F.S., relating to specialty license plates.
Section 2 Provides an effective date of October 1, 2020.
13
Specialty license plates will be discontinued pursuant to s. 320.08056(8), F.S.
14
S. 320.08053(3)(b), F.S.
15
S. 320.08056(1), F.S.
16
S. 320.08056(2), F.S.
17
See ss. 320.06(3)(a), 320.0657(2)(a), 320.08(12) and 320.08056(2)(b) and (c), F.S.
18
DHSMV's authorized agents are the county tax collectors.
19
Motor vehicle license taxes are set forth in s. 320.08, F.S.
20
The $5 processing fee is deposited into the Highway Safety Operating Trust Fund.
21
Section 320.06(1)(b), F.S., provides for a $2.80 annual license plate replacement fee.
22
S. 320.08056(3), F.S.
23
Florida State Parks Foundation Website, https://floridastateparksfoundation.org/About-Usl (last visited January 14, 2021).
24
The $25 annual use fee is provided for in existing s. 320.08056(3)(d), F.S.
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11. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The bill does not appear to impact state government revenues.
2. Expenditures:
DHSMV will incur programming costs associated with the creation of this specialty license plate.
One specialty license plate with a single distribution recipient will require between 200 and 250
hours of programming. 25 This programing can be done using existing DHSMV resources .
B. FISCAL IMPACT ON LOCAL GOVERNMENTS :
1. Revenues:
The bill does not appear to impact local government revenues.
2. Expenditures:
The bill does not appear to impact local government expenditures.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Once the license plate goes into production, the Florida State Parks Foundation may see an increase in
revenues associated with the sale of this license plate.
D. FISCAL COMMENTS:
None.
Ill. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to impact county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not require rulemaking, nor does it provide a grant of rulemaking .
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
Not applicable.
25
Email from Kevin Jacobs, Legislative Affairs Director, Florida Department of Highway Safety and Motor Vehicles, RE: Specialty
License Plates, January 26, 2021 .
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FLORIDA H O U S E 0 F REPRESENTATIVES
HB 249 2021
1 A bill to be entitled
2 An act relating to specialty license plates; amending
3 s. 320.08058, F.S.; directing the Department of
4 Highway Safety and Motor Vehicles to develop a Florida
5 State Parks license plate; providing for distribution
6 and use of fees collected from the sale of the plate;
7 providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsection (112) is added to section 320.08058,
12 Florida Statutes, to read:
13 320.08058 Specialty license plates.-
14 (112) FLORIDA STATE PARKS LICENSE PLATES.-
15 (a) The department shall develop a Florida State Parks
16 license plate as provided in this section ands. 320.08053. The
17 plate must bear the colors and design approved by the
18 department. The word "Florida" must appear at the top of the
19 p late , and the words " Explore Our State Parks" must appear at
20 the bottom of the plate .
21 (b) The annual use fees from the sale of the plate shall
22 be distributed to the Florida State Parks Foundation, Inc., a
23 nonp rofit Florida co rporation under s. 501 ( c ) ( 3 ) of the Internal
24 Revenue Code, the mission of which is to preserve, protect,
25 sustain , and grow Florida state parks . Up to 10 percent of the
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CODING: Words stricken are deletions; words underlined are additions.
hb0249-00
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 249 2021
26 fees may be used for marketing of the plate and costs directly
27 associated with administration of the foundation.
28 Section 2. This act shall take effect October 1, 2021.
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 267 State Preemption of Seaport Regulations
SPONSOR(S): Roach and others
TIED BILLS: IDEN./SIM. BILLS: SB 426
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee Willson MiJ Keating ce::
2) Local Administration & Veterans Affairs
Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
Federal admiralty and maritime law generally controls the regulation of maritime commerce upon the navigable
waters of the United States. Municipalities and counties derive broad home rule authority from the Florida
Constitution and general law.
Florida has 15 deepwater ports, including the ports of Jacksonville, Port Canaveral, Port Citrus, Fort Pierce,
Palm Beach, Port Everglades, Miami, Port Manatee, St. Petersburg, Tampa, Port St. Joe, Panama City,
Pensacola, Key West, and Fernandina.
The bill creates s. 311.25, F.S., specifying that, notwithstanding any other law to the contrary, a local
government may not restrict or regulate commerce in the seaports of this state, including, but not limited to,
regulating or restricting a vessel's type or size, source or type of cargo, or number, origin, or nationality of
passengers. The bill expressly preempts these matters to the state.
The bill provides that, unless preempted by federal or state law, the bill does not limit the authority of a port
authority or port district, or a port operation to:
• Regulate vessel movements within its jurisdiction.
• Establish fees and compensation for its services.
• Adopt guidelines for minimum bottom clearance, for the movement of vessels, and for radio
communications of vessel traffic.
However, the bill specifies that any such action may not have the effect of regulating or restricting a vessel's
type or size, source or type of cargo, or number, origin, or nationality of passengers, except as required to
ensure safety due to the physical limitations of channels, berths, anchorages, or other port facilities.
The bill preempts any provision of a county or municipal charter, ordinance, resolution, regulation, or policy in
existence before, on, or after the effective date of this bill.
The fiscal impact of the bill is indeterminate. See Fiscal Comments section.
The bill takes effect upon becoming law.
This document 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:
Current Situation
Federal Regulation of Vessels and Maritime Commerce
Generally, federal law controls 1 the regulation of maritime commerce 2 , navigation, 3 seaport security4,
the regulation of commercial vessels, shipping 5 and common carriers, vessel-related environmental
and pollution standards, 6 disease and quarantine efforts, 7 and other aspects of admiralty law in and
upon the navigable waters of the United States. The U.S. Supreme Court has consistently determined
that federal supremacy principles mandate preemption of efforts of state and local governments to
impose conditions on port entry that federal laws already cover.8
However, federal law allows a state to regulate its ports and waterways, as long as the regulation is
based on the peculiarities of local waters that call for special precautionary measures. 9 Additionally, the
1
Cipollone v. Liggett Group, Inc., 505 U.S. 504,516 (1992) Where Congress has explicitly preempted state law in an area, federal law supplants all
state regulation in that area. Even in the absence of express congressional intent to preempt state law, federal preemption is implied where (I) state
law "actually conflicts with federal law" or (2) federal law so thoroughly occupies a legislative field "as to make reasonable the inference that
Congress left no room for the States to supplement it."
2 United States v. Locke, 529 U.S. 89, l 03 (2000). ("The existence of the treaties and agreements on standards of shipping is of relevance, of course,
for these agreements give force to the longstanding rule that the enactment ofa uniform federal scheme displaces state law, and the treaties indicate
Congress will have demanded national uniformity regarding maritime commerce.")
3 See 33 U.S.C. §§ 1221 et seq. The Ports and Waterways Safety Act of 1972 (PWSA) authorizes the U.S. Coast Guard to establish vessel traffic
service/separation schemes (VTSS) for ports, harbors, and other waters subject to congested vessel traffic. The VTSS apply to commercial ships,
other than fishing vessels, weighing 300 gross tons (270 gross metric tons) or more. The Oil Pollution Act amended the PWSA to mandate that
appropriate vessels must comply with the VTSS. The PWSA was amended by the Port and Tanker Safety Act (PTSA) of 1978 (Public Law 95-4 74).
Under the PTSA, Congress found that increased supervision of vessel and port operations was necessary to reduce the possibility of vessel or cargo
loss, or damage to life, property or the marine environment and ensure that the handling of dangerous articles and substances on the structures in, on,
or immediately adjacent to the navigable waters of the United States is conducted in accordance with established standards and requirements. NOAA,
Ports and Waterways Safety Act,
https://coast. noaa.gov/data/Documerlls/Occan LawSearch/PortsandWalcrwaysSafetyAct.pdf (last visited Mar, I, 2021 ).
4
For example, the Maritime Transportation Security Act of2002 created a broad range of programs to improve the security conditions at the ports
and along American waterways, such as identifying and tracking vessels, assessing security preparedness, and limiting access to sensitive areas
5 See Shipping Act of 1984. 46 U.S.C. §§ 40 IO I (I), 40 IO I (2). One purpose of the Act is to 'establish a nondiscriminatory regulatory process for the
common carriage of goods by water in the foreign commerce of the United States with a minimum of government intervention and regulatory costs.'
A second purpose is to ensure that U.S.-flag ships are on a level playing field with foreign vessels.
6
In 1973, the International Maritime Organization (IMO) adopted the International Convention for the Prevention of Pollution by Ships and
subsequently modified it by Protocol in 1978. The Convention is widely known as MARPOL 73/78. Its objective is to limit ship-borne pollution by
restricting operational pollution and reducing the possibility of accidental pollution. MARPOL specifies standards for stowing, handling, shipping,
and transferring pollutant cargoes, as well as standards for discharge of ship-generated operational wastes. Acceptance of the convention by national
government obliges them to make the requirements part of domestic law. USCG, Office ofCommercial Vessel Compliance,
https://www.dco.uscg.mi l/ Our-Organization/Ass istant-Commandant-for-Prevenlion-Policy- G-5P/lnspections-Cornplian e- 'G-5PC-/Commercial-
Ves cl- ompliancc/Domcstic- ornpliancc-Division/MARPOL/ (last visited Mar. I, 202 1).
7
See John T. Oliver, Legal and Policy Factors Governing the Imposition of Conditions on Access and Jurisdiction Over Foreign-Flag Vessels in
U.S. Ports, 5 S.C. J. Int'!. L. & Bus. 209, 2 (2009) footnotes 153 & 154. 42 U.S.C. § 267(a): "[The Surgeon General] shall from time to time select
suitable sites for and establish such additional ... anchorages in the States and possessions of the United States as in his judgment are necessary to
prevent the introduction of communicable di seases into the States and possessions of the United States." "It shall be the duty of the customs officers
and of Coast Guard officers to aid in the enforcement of quarantine rules and regulations .... " U.S.C. § 268(b). Congress has provided statutory
authority for controlling infectious diseases, including quarantining of suspect vessels and their crews and passengers. 42 U.S.C. §§ 264-272. The
President regularly updates the list of communicable diseases subject to quarantine. Exec. Order No. 13,295, Apr. 4, 2003, 68 Fed. Reg. 17,255 (Apr.
9, 2003), reprinted in 42 U.S.C. § 264, as amended by Exec. Order No. 13,375, Apr. I, 2005, 70 Fed. Reg. 17299 (Apr. 5, 2005). He has also
delegated to the Secretary of Health and Human Services his authority to carry out duties under the statute.
8
See United States v. Locke 4 71 U.S. 84 ( 1985)
9
Ports and Waterways Safety Act of 1972, 33 U.S.C. § I 223(a) (2006). There is no pre-emption by operation of Title I of the Ports and Waterways
Safety Act if the state regulation is directed to local circumstances and problems, such as water depth and narrowness, idiosyncratic to a particular
port or waterway, and if the Coast Guard has not adopted regulations on the subject or determined that regulation is unnecessary or inappropriate. See
United States v. Locke, 529 U.S. 89, I 09 (2000)
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United States Supreme Court has held that fees to defray the cost of a purely local regulation of harbor
traffic is not an objectionable burden on commerce. 10
The United States Coast Guard (USCG) regulates all commercial vessels, including cruise vessels,
calling on U.S. ports, regardless of the vessel's country of origin, and inspects each foreign-flagged
cruise vessel calling on a U.S. port at least twice a year to ensure compliance with certain treaties and
U.S. regulations governing safety, security, and environmental protections. 11
Florida Ports
There are 15 deepwater seaports in Florida: 12
• Port Canaveral,
• Port Citrus,
• Port Everglades,
• Port of Fernandina,
• Port of Fort Pierce,
• Port of Jacksonville
• Port of Key West,
• Port of Palm Beach,
• Port Manatee,
• Port of Miami,
• Port of Palm Beach
• Port of Panama City,
• Port of Pensacola,
• Port of Port St. Joe,
• Port of St. Petersburg, and
• Port of Tampa.
Approximately half of Florida's deepwater ports are organized as independent or dependent special
districts created by special act, 13 and the remainder are organized within their respective municipal or
county government.
According to the Florida Ports Council, Florida seaports generate nearly 900,000 direct and indirect
jobs and contribute $117.6 billion in economic value to the state through cargo and cruise activities.
Florida maritime activities account for approximately 13 percent of Florida's gross domestic product
while contributing $4.2 billion in state and local taxes. 14 In 2018, approximately 110,268,130 tons of
cargo and 16,835,986 passengers moved through Florida's seaports. 15
10
See Clyde Mallory Lines v. State ofAlabama ex rel. State Docks Comm'n, 296 U.S. 261,267 (1935). The Court observed that state regulations of
harbor traffic, even if they incidentally affect commerce, interstate or foreign, are of local concern, so long as they do not impede the free flow of
commerce and are not made the subject of regulation by Congress are not forbidden.
11
U.S. House of Representatives, Subcommittee on Coast Guard and Maritime Transportation. Hearing on "Commercial and Passenger Vessel
Safety: Challenges and Opportunities, p. 4 (Nov. 9, 2019) http :/lwww.congress.gov/116/meeti ng/house/l l O181 /documents/H HRG- l l 6-PW07-
20 191114-SD001.pdf (last visited Feb. 28, 2021)
12
For a map of Florida's deepwater seaports which indicates the primary streams of commerce (i.e. cargo, cruise passenger, other, or a combination
thereof) see DOT, Seaport System, h!LpsJ/www.fdot.gov/seaport/scamap.shtm (last visited Mar. 1, 2021).
13
hllp://spccialdistrictrcports.floridajobs.org/wcbreports/criLeriaaspx (last visited Mar. 2, 2021).
14
Florida Ports Council, The Florida System of Seaports, lntps://flaports.org/aboul/thc-l1orida-system-o!~seaports/ (last visited Mar. 1, 2021).
15
FOOT, 2018 Update of Tables and Figures, p.4, hllps://fdotwww. blob.core.windows.nel/sitelinity/docs/defaull-sourcc/seaport/pdfs/20 18-update-
of-tables-and-figures-florida-seaport-system-plan-7 l 77S2830.pdr?s rvrsn=c I 879b60 2 (last visited Mar. I, 2021 ).
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State Law Relating to Seaports
Florida Seaport and Economic Development Program
In 1990, the Legislature created Ch. 311, F.S., authorizing the Florida Seaport Transportation and
Economic Development (FSTED) Program. 16 The program established a collaborative relationship
between the Florida Department of Transportation (DOT) and the seaports and currently codifies an
annual minimum of $25 million for a seaport grant program.17 FSTED funds are to be used on approved
projects on a 50-50 matching basis. 18 Funding grants under the FSTED program are limited to the
following port facilities or port transportation projects:
• Transportation facilities within the jurisdiction of the port;
• The dredging or deepening of channels, turning basins, or harbors;
• The construction or rehabilitation of wharves, docks, structures, jetties, piers, storage facilities,
cruise terminals, automated people mover systems, or any facilities necessary or useful in
connection with the foregoing;
• The acquisition of vessel tracking systems, container cranes, or other mechanized equipment
used in the movement of cargo or passengers in international commerce;
• The acquisition of land to be used for port purposes;
• The acquisition, improvement, enlargement, or extension of existing port facilities;
• Environmental protection projects: which are necessary because of requirements imposed by a
state agency as a condition of a permit or other form of state approval; which are necessary for
environmental mitigation required as a condition of a state, federal, or local environmental
permit; which are necessary for the acquisition of spoil disposal sites; or which result from the
funding of eligible projects;
• Transportation facilities which are not otherwise part of DOT's adopted Work Program. 19
• lntermodal access projects;
• Construction or rehabilitation of port facilities, excluding any park or recreational facility, in ports
listed ins. 311.09(1), F.S., 20 with operating revenues of $5 million or less, provided that such
project creates economic development opportunities, capital improvements, and positive
financial returns to such ports; and
• Seaport master plan or strategic plan development updates, including the purchase of data to
support such plans or other provisions of the Community Planning Act. 21
The FSTED program is managed by the FSTED Council, which consists of the port director, or
director's designee of the 15 deepwater ports, the Secretary of DOT or his or her designee, and the
Executive Director of the Department of Economic Opportunity or his or her designee. 22
In order for a project to be eligible for consideration by the FSTED Council, a project must be consistent
with the port's comprehensive master plan, which is incorporated as part of the approved local
government comprehensive plan.
Community Planning Act
The Community Planning Act includes four primary references to deepwater ports:
Section 163.3177(6)(b), F.S., identifies different levels of transportation analysis that must be included
in a local government's comprehensive plan transportation element based on the size and location of
16
Ch. 90-136, Laws OfFla.
17
Ss. 311.07 and 311.09, F.S.
18 S. 3 I l.07(3)(a), F.S.
19
DOT's Work Program is adopted pursuant to s. 339.135, F.S.
20
The ports listed ins. 311.09(1), F.S., are the ports of Jacksonville, Port Canaveral, Port Citrus, Fort Pierce, Palm Beach, Port Everglades, Miami,
Port Manatee, St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key West, and Fernandina.
21
Part II of Ch. 163, F.S.
22
S. 311.09(1), F.S.
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the local government and whether it is in the metropolitan planning area of a Metropolitan Planning
Organization. At a minimum, traffic circulation issues related to ports must be addressed as well as
plans for port facilities. Additionally, cities greater than 50,000 persons and counties greater than
75,000 persons must address "Plans for port ... and related facilities coordinated with the general
circulation and transportation element." Some or all of these requirements can be addressed in the port
master plan.
Section 163.3177(6)(9)8., F.S., requires that the comprehensive plan's coastal management element
"Direct the orderly development, maintenance, and use of ports to facilitate deepwater commercial
navigation and other related activities." This requirement can be addressed in the port master plan.
Section 163.3178(2)(k), F.S., requires that port master plans be included in the local government's
coastal management element and requires that port master plans identify existing port facilities and any
proposed expansions. To the extent that they are applicable, port master plans must also address the
following requirements:
• Provide a land use and inventory map of existing coastal uses;
• Analyze the environmental, socioeconomic, and fiscal impact of development;
• Analyze effects of existing drainage systems on estuarine water quality;
• Outline principles for hazard mitigation and protection of human life;
• Outline principles for protecting existing beach and dune systems;
• Outline principles to eliminate inappropriate and unsafe development;
• Identify public access to shoreline areas and preservation of working waterfronts;
• Designate coastal high-hazard areas and mitigation criteria;
• Outline principles to assure that public facilities will be in place; and,
• Mitigate the threat to human life and protect the coastal environment.
Section 163.3178(3), F.S., provides that certain eligible port expansions, projects, and facilities, both on
the port and within three miles of the port, cannot be designated as Developments of Regional Impact if
they are consistent with an in compliance port master plan.
Port Facility Financing
Section 315.03, F.S. authorizes any county, port district23 , port authority24, municipality or certain
governmental units created pursuant to the Florida lnterlocal Cooperation Act25 that includes at least
one deepwater port to:
• Exercise jurisdiction, control and supervision over any port facilities now or hereafter acquired,
owned, or constructed by the local government(s).
• Operate and maintain, and to fix and collect rates, rentals, fees and other charges for any of the
services and facilities provided by the port facilities now or hereafter acquired, owned or
constructed by the unit excluding state bar pilots.
• Lease or rent, or contract with others for the operation of all or any part of any port facilities now
or hereafter acquired, owned or constructed by the unit, on such terms and for such period or
periods and subject to such conditions as the governing body shall determine to be in the best
interests of the local government(s).
Vessel movement and related fees
Section 313.22, F.S., authorizes ports to regulate vessel movements within its jurisdiction, whether
involving public or private facilities or areas, by:
23
A "port district" is any district created by or pursuant to the provisions of any general or special law and authorized to own or operate any port
facilities. S. 315.02(1), F.S.
24
A "port authority" is created by or pursuant to the provisions of any general or special law or any district or board of county commissioners acting
as a port authority under or pursuant to the provisions of any general or special law. S. 315.02(2), F.S.
25 S. 163.01(7)(d), F.S.
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• Scheduling vessels for use of berths, anchorages, or other facilities at the port.
• Ordering and enforcing a vessel, at its own expense and risk, to vacate or change position at a
berth, anchorage, or facility, whether public or private, in order to facilitate navigation,
commerce, protection of other vessels or property, or dredging of channels or berths.
• Designating port facilities for the loading or discharging of vessels .
• Assigning berths at wharves for arriving vessels.
Ports are authorized to establish fees and compensation for these services when provided by the port.
Harbor safety
Ports, in agreement with the United States Coast Guard, state harbor pilots, and other ports in its
operating port area, must adopt guidelines for:
• minimum bottom clearance for each berth and channel,
• the movement of vessels, and
• radio communications of vessel traffic for all commercial vessels entering and leaving its harbor
channels. 26
County seaport projects and facilities
Section 125.012, F.S. confers broad authority to counties to provide for port improvements within their
jurisdiction, including the ability to:
• Construct, acquire, establish, improve, extend, enlarge, reconstruct, equip, maintain, repair, and
operate any project27 , either within or without the territorial boundaries of the county.
• Subject to the jurisdiction of the United States and the State of Florida and the general laws of
Florida relating to dredging and filling, to construct, establish, and improve harbors in the county
and all navigable and nonnavigable waters connected therewith; to regulate and control all such
waters; to construct and maintain such canals, slips, turning basins, and channels and upon
such terms and conditions as may be required by the United States; and to enact, adopt, and
establish by resolution rules and regulations for the complete exercise of jurisdiction and control
over all such waters.
• To appoint shipping masters for ports or harbors under its control, to determine their
qualifications, and to adopt rules and regulations prescribing their duties.
• To license stevedores as independent contractors for hire to handle stevedoring at and in the
harbors and airports in the county, to fix the terms and conditions of such licenses, and to
determine the fees to be charged for same.
• To make and enter into all contracts and agreements and to do and perform all acts and deeds
necessary and incidental to the performance of its duties and the exercise of its powers.
• To fix, regulate , and collect rates and charges for the services and facilities furnished by any
project under its control; to establish, limit, and control the use of any project as may be deemed
necessary to ensure the proper operation of the project; to impose sanctions to promote and
enforce compliances; to prescribe rules and regulations and impose penalties and sanctions to
ensure the proper performance of the duties of any stevedore or of any shipping master and the
enforcement of any rule or regulation which the county may adopt in the regulation of the ports,
harbors, wharves , docks, airports, and other projects under its control.
• To fix the rates of wharfage, dockage, warehousing, storage, and port and terminal charges for
the use of the port and harbor facilities located within or without the county and owned or
operated by the county; and to fix and determine the rates, tolls , and other charges for the use
26 S. 313.23, F.S.
27 Section 125.01 l(2)(a), F.S. defines "project" as one or more of the following: "harbor, port, shipping, and airport facilities of all kinds and
includes, but is not limited to, harbors, channels, turning basins, anchorage areas, jetties, breakwaters, waterways, canals, locks, tidal basins, wharves,
docks, piers, slips, bulkheads, public landings, warehouses, terminals, refrigerating and cold storage plants, railroads and motor terminals for
passengers and freight, rolling stock, car ferries, boats, conveyors and appliances of all kinds for the handling, storage, inspection and transportation
of freight and the handling of passenger traffic, ... and the loading and unloading and handling of passengers, mail, express and freight;"
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of harbor and airport improvements and harbor and airport facilities located within or without the
county insofar as it may do so under the State Constitution and the Constitution and laws of the
United States.
• To regulate the operation, docking, storing, and conduct of all watercraft of any kind plying or
using the waterways within the county and of all aircraft of any kind operating over and within
the county or utilizing any other area, field, location, or place within the county for air navigation
purposes or for the repair, storage, or handling of aircraft within the county.
• To receive and accept, from any federal agency, grants for or in aid of the construction,
improvement, or operation of any project and to receive and accept contributions from any
source of either money, property, labor, or other things of value.
• To make any and all applications required by the Treasury Department and other departments
or agencies of the United States Government as a condition precedent to the establishment
within the county of a free port, foreign trade zone, or area for the reception from foreign
countries of articles of commerce; to expedite and encourage foreign commerce and the
handling, processing, and delivery thereof into foreign commerce free from the payment of
custom duties and to enter into any agreements required by such departments or agencies in
connection therewith; and to make like applications and agreements with respect to the
establishment within the county of one or more bonded warehouses.
• To enter into any contract with the government of the United States or any agency thereof which
may be necessary in order to procure assistance, appropriations, and aid for the deepening,
widening, and extending of channels and turning basins, the building and construction of public
mass transit facilities, airport and airport facilities, slips, wharves, breakwaters, jetties,
bulkheads, and any and all other harbor and air navigation improvements and facilities.
• To make or cause to be made such surveys, investigations, studies, borings, maps, plans,
drawings, and estimates of cost and revenues as it may deem necessary and to prepare and
adopt a comprehensive plan or plans for the location, construction, improvement, and
development of any project.
• To grant exclusive or nonexclusive franchises to persons, firms, or corporations for the
operating of restaurants, cafeterias, bars, taxicabs, vending machines, and other concessions of
a nonaeronautical nature in, on, and in connection with any project owned and operated by the
county.
• To adopt and promulgate suitable rules, regulations, and directions for the operation and
conduct of any project owned or operated by the county and for the use of any such project and
any facility connected therewith by others.
• To enter into contracts with utility companies or others for the supplying by such utility
companies or others of water, electricity, or telephone service to or in connection with any
project.
• To own, maintain, operate, and control export trading companies, foreign sales corporations,
and consulting services corporations as provided by the laws of the United States or this state;
to enter into management contracts with such corporations or companies established for the
purpose of providing or operating such facilities; to own, maintain, operate, and control cargo
clearance centers and customs clearance facilities, and to enter into management contracts
with corporations established for the purpose of providing or operating such facilities; to
maintain the confidentiality of trade information and data pursuant to the patent or copyright
laws of the United States, pursuant to the patent or copyright laws of foreign nations to the
extent that same are enforced by the courts of the United States, and pursuant to the trade
secrets doctrine; and to authorize airport and port employees to serve as officers and directors
of export trading companies, foreign sales corporations, customs and cargo clearance
corporations, and consulting services corporations for the sale of services to others. Counties
are hereby authorized to expend any unobligated and available surplus funds from the activities
authorized in this subsection for the construction of capital facilities.
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State freight logistics zones and the lntermodal Logistics Center Infrastructure Support Program
Section 311.103, F.S. authorizes counties to designate geographic areas as a freight logistics zones .28
A freight logistics zone is a grouping of activities and infrastructure associated with freight
transportation and related services within a defined area around an intermodal logistics center. The
lntermodal Logistics Center Infrastructure Support Program is designed to provide DOT funds for
roads, rail facilities, or other means for the conveyance or shipment of goods through a seaport and
allow the state to respond to private sector market demands and meet the state's economic
development goal of becoming a hub for trade, logistics, and export-oriented activities.
Passenger transportation fees and for-hire vehicles
Sections 316.85(6), and 627 .748(17)(b), F.S., acknowledge the ability of a seaport to charge
reasonable fees to for-hire vehicles for their use of the airport's or seaport's facilities as well as
designate locations for staging, pickup, or other similar operations at the seaport.
Key West Ordinance
On November 3, 2020, voters adopted three charter amendments to the City Charter for the City of Key
West. 29 The amendments:
• Limit the number of persons disembarking from cruise ships to a total of not more than 1,500
persons per day at any and all public and privately owned or leased property located within the
municipal boundary of the City of Key West.
• Prohibit cruise ships with a capacity of 1,300 or more persons (passengers and crew) from
disembarking individuals at any and all public and privately owned or leased property located
within the municipal boundary of the City of Key West.
• Give preference and priority to cruise ships and cruise lines that have the best record (the
lowest number of environmental violations , penalties and fines) and best health record (the best
scores and least number of violations in health inspections and reports issued by the Center for
Disease Control Vessel Sanitation Program).
Preemption
Local governments have broad authority to legislate on any matter that is not inconsistent with federal
or state law. A local government enactment may be inconsistent with state law if (1) the Legislature
"has preempted a particular subject area" or (2) the local enactment conflicts with a state statute.
Where state preemption applies it precludes a local government from exercising authority in that
particular area. 30
Florida law recognizes two types of preemption: express and implied. Express preemption requires a
specific legislative statement; it cannot be implied or inferred. 31 Express preemption of a field by the
Legislature must be accomplished by clear language stating that intent. 32 In cases where the
28
S. 311.103, F.S. A "freight logistics zone" is a grouping of activities and infrastructure associated with freight transportation and related services
within a defined area around an intermodal logistics center.
29
City of Key West, Code of Ordinances, Charter Amendment of 11-16-2020.
htlps://library.municodc.com/fl/key west/ordinances/code of ordinances?nodeld= l 05274 7 (last visited Feb. 28, 2021 ).
30
Wolf, The Effectiveness of Home Rule: A Preemptions and Conflict Analysis, 83 Fla. 8.J. 92 (June 2009). Historically, certain types of local action
have been found to frustrate the purpose of state law, and, thus, conflict has resulted. Specifically, Florida jurisprudence makes clear that local action
cannot I) provide for more stringent regulation than the state legislation in violation of the express wording of the statute; 2) provide for a more
stringent penalty than that allowed by state statute; 3) prohibit behavior otherwise allowed by state legislation; 4) allow behavior otherwise prohibited
by state statute; or 5) provide for a different method for doing a particular act than the method proscribed by state legislation.
Generally, a local government can pass more stringent regulations than those provided for by statute. However, if the state legislation expressly
forbids a stricter regulation or if the imposition of a stricter regulation frustrates the purpose of the statute, the local government must abstain
31
See City ofHollywoodv. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006); Phantom of Clearwater, Inc. v. Pinellas County, 894 So. 2d 1011, 1018
(Fla. 2d DCA 2005), approved in Phantom of Brevard, Inc. v. Brevard County, 3 So. 3d 309 (Fla. 2008).
32
Mulligan, 934 So. 2d at 1243.
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Legislature expressly or specifically preempts an area, there is no problem with ascertaining what the
Legislature intended. 33 In cases determining the validity of ordinances enacted in the face of state
preemption, the effect has been to find such ordinances null and void. 34
Effect of the Bill
The bill creates s. 311.25, F.S., specifying that, notwithstanding any other law to the contrary, a local
government may not restrict or regulate 35 commerce 36 in the seaports of this state, including, but not
limited to, regulating or restricting a vessel's type or size, source or type of cargo, or number, origin, or
nationality of passengers. All such matters are expressly preempted to the state.
The bill provides that, unless preempted by federal or state law, the bill does not limit the authority of a
port authority or port district, or a port operation to:
• Regulate vessel movements within its jurisdiction pursuant to s. 313.22(1 ).
• Establish fees and compensation for its services pursuant to s. 313.22(2).
• Adopt guidelines for minimum bottom clearance, for the movement of vessels, and for radio
communications of vessel traffic pursuant to s. 313.23.
However, the bill specifies that any such action may not have the effect of regulating or restricting a
vessel's type or size, source or type of cargo, or number, origin, or nationality of passengers, except as
required to ensure safety due to the physical limitations of channels, berths, anchorages, or other port
facilities.
The bill provides that any provision of a county or municipal charter, ordinance, resolution, regulation,
or policy that is preempted by the bill and that existed before, on, or after the effective date of this bill is
void.
B. SECTION DIRECTORY:
Section 1 Creates s. 311.25, F.S.; preempting to the state the regulation of commerce in state
seaports; providing exceptions.
Section 2 Provides construction .
Section 3 Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
Indeterminate. See Fiscal Comments section.
2. Expenditures:
Indeterminate. See Fiscal Comments section.
33
Sarasota Alliance for Fair Elections, Inc. v. Browning, 28 So. 3d 880, 886 (Fla. 2010).
34
See, e.g., Nat 'I Rifle Ass 'n ofAm., Inc. v. City of S. Miami, 812 So.2d 504 (Fla. 3d DCA 2002).
35
"Regulate" means "to govern or direct according to rule;" "to bring under the control of law or constituted authority;" "to make regulations for or
concerning;" or "to bring order, method, or uniformity to." hups://www.mcrriam-webster.com/dictionary/regulaLe (last visited Mar. 1, 2021).
36 "Commerce" means "an interchange of goods or commodities, especially on a large scale between different countries (foreign commerce) or
between different parts of the same country (domestic commerce); trade; business." h11ps: //www.dictionary.com/browse/ commcrcc (last visited Mar.
I, 2021).
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8. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
Indeterminate. See Fiscal Comments section.
2. Expenditures:
Indeterminate. See Fiscal Comments section.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Indeterminate. See Fiscal Comments section.
D. FISCAL COMMENTS:
Due to the potential breadth of the preemption, the scope of fiscal impacts on state and local
government and the private sector is unknown.
Ill. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
8. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
It is unclear whether the bill preempts to the state certain matters (vessel's type or size, source or type
of cargo, or number, origin, or nationality of passengers) that may already be preempted by the federal
government.
The bill provides that a local government may not restrict or regulate commerce in seaports
"notwithstanding any other law to the contrary". It is not clear whether this would preempt the ability of
local governments to continue regulating certain seaport-related commerce activities that are
specifically authorized in general law.
As drafted, the bill may preempt the ability of a seaport to regulate non-vessel related commerce, such
as parking lot fees, food vendors, construction contracts, and other land-based activities. It is not clear
whether this is intended.
The bill preempts "local governments" from regulating commerce in a seaport (i.e. cities, counties and
special districts), but retroactively voids only those "county or municipal" regulations that are preempted
by the bill. This appears to have the effect of not retroactively voiding the existing regulations of ports
established as special districts.
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IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
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FLORIDA H O U S E 0 F REPRESENTATIVES
HB 267 2021
1 A bill to be entitled
2 An act relating to state preemption of seaport
3 regulations; creating s. 311.25, F.S.; preempting to
4 the state the regulation of commerce in state
5 seaports; providing exceptions; providing
6 construction; providing an effective date.
7
8 WHEREAS, maritime commerce between and among seaports, both
9 foreign and domestic, is the subject of extensive federal and
10 state regulation designed to protect the marine environment and
11 the health, safety, and welfare of the general public and those
12 involved in conducting that commerce, and
13 WHEREAS, the economic impact of a seaport extends far
14 beyond the boundaries of the local jurisdiction in which the
15 port is located, materially contributing to the economies of
16 multiple cities and counties within the region and to the
17 economy of the state as a whole, and
18 WHEREAS, Florida seaports currently generate nearly 900,000
19 direct and indirect jobs and contribute $117.6 billion in
20 economic value to the state through cargo and cruise activities,
21 accounting for approximately 13 percent of Florida's gross
22 domestic product and $4.2 billion in state and local taxes, and
23 WHEREAS, because Florida is a peninsula, much of the state
24 is highly dependent upon the unimpeded flow of maritime commerce
25 through its seaports, which is made even more critical when the
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hb0267-00
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 267 2021
26 state is threatened or impacted by natural disasters, such as
27 tropical storms and hurricanes, and
28 WHEREAS, because of its geographic location, Florida is a
29 hub for global maritime commerce and is uniquely positiGned to
30 capture an even larger share of this commerce as global trade
31 routes shift, and
32 WHEREAS, the international, national, statewide, and
33 regional importance of Florida seaports has long been recognized
34 in federal and state law with respect to the regulation,
35 planning, and public financing of seaport operations and
36 facilities, and
37 WHEREAS, allowing each local government in which a Florida
38 seaport is located to impose its own requirements on the
39 maritime commerce conducted in that port could result in abrupt
40 changes in the supply lines bringing goods into and out of this
41 state, thus disrupting Florida's economy and threatening the
42 public's health, safety, and welfare, and
43 WHEREAS, allowing each local government in which a Florida
44 seaport is located to impose its own requirements on the
45 maritime commerce conducted in that port could reasonably be
46 expected to suppress such commerce and potentially drive it out
47 of the port and out of the state in search of a more consistent
48 and predictable operating environment, thus disrupting Florida's
49 economy and threatening the public's health, safety, and
50 welfare, and
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FLORIDA H O U S E 0 F REPRESENTATIVES
HB 267 2021
51 WHEREAS, allowing each local government in which a Florida
52 seaport is located to impose its own requirements on the
53 maritime commerce conducted in that port could result in abrupt
54 changes in vessel traffic, frustrating the multi-year planning
55 process for all Florida seaports and the assumptions and
56 forecasts underlying federal and state financing of port
57 improvement projects, and
58 WHEREAS, in light of these negative impacts, federal and
59 state governments must be relied upon to adopt uniform
60 regulations governing seaport operations, NOW, THEREFORE,
61
62 Be It Enacted by the Legislature of the State of Florida:
63
64 Section 1. Section 311.25, Florida Statutes, is created to
65 read:
66 311.25 Regulation of commerce in Florida seaports;
67 preemption.-
68 (1) Notwithstanding any other law to the contrary, a local
69 g overnment ma y not r est rict or re gu l a te comme rce in the seaports
70 of this state, as listed ins. 311.09, including, but not
71 limited to, regulating or restricting a vessel's type or size,
72 source or type of cargo, or number, origin, or nationality of
73 passengers. All such matters are expressly pre e mpted to the
74 state.
75 (2) If not otherwi se pr e empt ed by fe deral or state law,
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FLORIDA H O U S E 0 F REPRESENTATIVES
HB 267 2021
76 this section does no t limit the a uthority of a port authority or
77 port district, as defined ins. 315.02, or a port operation as
78 provided ins. 125.012, to:
79 (a) Regulate vessel movements within its jurisdiction
80 pursuant to s. 313.22 (1).
81 (b) Establish fees and compensation for its services
82 pursuant to s. 313. 22 (2) .
83 (c) Adopt guidelines for minimum bottom clearance, for the
84 movement of vessels, and for radio communications of vessel
85 traffic pursuant to s. 313.23.
86
87 However, an action provided in this subsection may not have the
88 effect of regulating or restricting a vessel's type or size,
89 source or type of cargo, or number, origin, or nationality of
90 pas s engers , except a s required to ensure safety due to the
91 physical limitations of channels, berths, anchorages, or other
92 port facilities.
93 Section 2. Any provision of a county or municipal charter,
94 ordinance, resolution, regulation, or policy that is preempted
95 by this act and that existed before, on, or after the effective
96 date of this act is void.
97 Section 3. This act shall take effect upon becoming a law .
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hb0267-00
TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE
HB 267 by Rep. Roach
State Preemption of Seaport Regulations
AMENDMENT SUMMARY
March 3, 2021
Amendment 1 by Rep. Roach (445437):
• Replaces “Notwithstanding any other law to the contrary” with “Except as authorized by
general law”.
Amendment 2 by Rep. Roth (571249):
• Narrows the scope of the bill to only preempt the regulation of seaports by municipal
governments.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 267 (2021)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Corrunittee/Subcommittee hearing bill: Tourism, Infrastructure &
2 Ene rgy Subcorrunittee
3 Representative Roach offered the following:
4
5 Amendment
6 Remove line 6 8 and in se rt:
7 (1) Except as authorized by general law, a local
44 543 7 - h 26 7 -l ine 68 .do c x
Publi s h e d On : 3 / 2 / 2021 7: 39 : 32 PM
Pa ge 1 o f 1
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 267 (2021)
Amendment No. 2
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Tourism, Infrastructure &
2 Energy Subcommittee
3 Representative Roth offered the following:
4
5 Amendment
6 Remove lines 37-93 and insert:
7 WHEREAS, allowing each municipal government in which a
8 Florida seaport is located to impose its own requirements on the
9 maritime commerce conducted in that port could result in abrupt
10 changes in the supply lines bringing goods into and out of this
11 state, thus disrupting Florida's economy and threatening the
12 public's health, safety, and welfare, and
13 WHEREAS, allowing each municipal government in which a
14 Florida seaport is located to impose its own requirements on the
15 maritime commerce conducted in that port could reasonably be
16 expected to suppress such commerce and potentially drive it out
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Page 1 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 267 (2021)
Amendment No. 2
17 of the port and out of the state in search of a more consistent
18 and predictable operating environment, thus disrupting Florida's
19 economy and threatening the public's health, safety, and
20 welfare, and
21 WHEREAS, allowing each municipal government in which a
22 Florida seaport is located to impose its own requirements on the
23 maritime commerce conducted in that port could result in abrupt
24 changes in vessel traffic, frustrating the multi-year planning
25 process for all Florida seaports and the assumptions and
26 forecasts underlying federal and state financing of port
27 improvement projects, and
28 WHEREAS, in light of these negative impacts, federal and
29 state governments must be relied upon to adopt uniform
30 regulations governing seaport operations, NOW, THEREFORE,
31
32 Be It Enacted by the Legislature of the State of Florida:
33
34 Section 1. Section 311.25, Florida Statutes, is created to
35 read:
36 311.25 Regulation of commerce in Florida seaports;
37 preemption.—
38 (1) Notwithstanding any other law to the contrary, a
39 municipal government may not restrict or regulate commerce in
40 the seaports of this state, as listed in s. 311.09, including,
41 but not limited to, regulating or restricting a vessel's type or
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Page 2 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 267 (2021)
Amendment No. 2
42 size, source or type of cargo, or number, origin, or nationality
43 of passengers. All such matters are expressly preempted to the
44 state.
45 (2) If not otherwise preempted by federal or state law,
46 this section does not limit the authority of a port authority or
47 port district, as defined in s. 315.02, or a port operation as
48 provided in s. 125.012, to:
49 (a) Regulate vessel movements within its jurisdiction
50 pursuant to s. 313.22(1).
51 (b) Establish fees and compensation for its services
52 pursuant to s. 313.22(2).
53 (c) Adopt guidelines for minimum bottom clearance, for the
54 movement of vessels, and for radio communications of vessel
55 traffic pursuant to s. 313.23.
56
57 However, an action provided in this subsection may not have the
58 effect of regulating or restricting a vessel's type or size,
59 source or type of cargo, or number, origin, or nationality of
60 passengers, except as required to ensure safety due to the
61 physical limitations of channels, berths, anchorages, or other
62 port facilities.
63 Section 2. Any provision of a municipal charter,
64
571249 - h267-line 37.docx
Published On: 3/2/2021 8:23:23 PM
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 379 Pub. Rec./Economic Development Agencies
SPONSOR(S): Giallombardo
TIED BILLS: IDEN./SIM. BILLS: SB 968
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee Willson M'vJ Keating
2) Government Operations Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
The bill provides a public record exemption for certain information held by economic development agencies,
including the Department of Economic Opportunity (DEO}, pursuant to the administration of state or federally
funded small business program. Specifically, the bill exempts the following information:
• The home address, telephone number, and e-mail address of a person who submits an application for
a loan on behalf of a business.
• Tax returns.
• Bank and financial statements.
• Credit history information, credit reports, and credit scores.
The bill does not prohibit the disclosure of information held by the economic development agency pursuant to
its administration of a small business loan program in an aggregated and anonymized format.
The bill provides for repeal of the public record exemption on October 2, 2026, unless reviewed and saved
from repeal through reenactment by the Legislature. The bill provides a statement of public necessity as
required by the Florida Constitution.
The bill may have a fiscal impact on agencies responsible for complying with public records requests and
redacting exempt information prior to releasing a record.
Article I, section 24(c) of the Florida Constitution requires a two-thirds vote of the members present
and voting for final passage of a newly created or expanded public record or public meeting
exemption. The bill provides for a public record exemption; thus, it requires a two-thirds vote for final
passage.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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DATE: 3/1/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Public Records
Article I, section 24(a) of the Florida Constitution sets forth the state's public policy regarding access to
government records. This section guarantees every person a right to inspect or copy any public record
of the legislative, executive, and judicial branches of government. The Legislature, however, may
provide by general law for the exemption of records from the requirements of article I, section 24(a) of
the Florida Constitution. 1 The general law must state with specificity the public necessity justifying the
exemption 2 and must be no broader than necessary to accomplish its purpose.3
Public policy regarding access to government records is addressed further ins. 119.07(1)(a), F.S.,
which guarantees every person a right to inspect and copy any state, county, or municipal record,
unless the record is exempt. Furthermore, the Open Government Sunset Review Act4 provides that a
public record or public meeting exemption may be created or maintained only if it serves an identifiable
public purpose. In addition, it may be no broader than necessary to meet one of the following purposes:
• Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption.
• Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual's safety; however, only the identity of an individual may be exempted
under this provision.
• Protect trade or business secrets.5
The Open Government Sunset Review Act requires the automatic repeal of a newly created public
record exemption on October 2nd of the fifth year after creation or substantial amendment, unless the
Legislature reenacts the exemption. 6
Small Business Loan Programs
The Department of Economic Opportunity (DEO) administers a number of state and federally funded
small business loan programs, including:
• Small Business Emergency Bridge Loan Program
• Rebuild Florida Business Loan Fund7
• Rural Community Development Revolving Loan Program 8
• State Small Business Loan Fund 9
• Florida Minority Business Loan Mobilization Program,10
• Black Business Loan Program 11
1 Art. I, s. 24(c), F LA. CONST.
2 This portion of a public record exemption is commonly referred to as a "public necessity statement."
3
Art. I. s. 24(c), FLA. C ONST.
4
S. 119.15, F.S.
5
S. 119.15(6)(b), F .S.
6 S. 119.15(3), F.S.
7 DEO, Rebuild Florida Business Loan Fund, https://deosera.force.com/RebuildFloridaBusinessloanFund/s/Joan-
proqrams?program=florida-resiliency-loan (last visited Feb. 23, 2021). ·
e S. 288.065, F.S.
9
DEO, Small Business Loan Program , https://floridajobs.org/communily-planninq-and-developmenUSmall-and-Minority-Business-
Oevelopment-Resources/Small-and-Minority-Business-Programs/small-business-loan-program (last visited Feb. 23, 2021).
10 S. 288.706, F.S.
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• Microfinance Loan Program 12
Section 288.075, F.S., defines an "Economic development agency" as:
• The Department of Economic Opportunity;
• Any industrial development authority created in accordance with part Ill of chapter 159 or by
special law;
• Space Florida created in part 11 of chapter 331 ;
• The public economic development agency of a county or municipality or, if the county or
municipality does not have a public economic development agency, the county or municipal
officers or employees assigned the duty to promote the general business interests or industrial
interests of that county or municipality or the responsibilities related thereto;
• Any research and development authority created in accordance with part V of chapter 159; or
• Any private agency, person, partnership, corporation, or business entity when authorized by the
state, a municipality, or a county to promote the general business interests or industrial interests
of the state or that municipality or county.
Effect of the Bill
This bill creates a public record exemption for the following information held by an economic
development agency pursuant to its administration of a state or federally funded small business loan
program:
• The home address, telephone number, and e-mail address of a person who submits an
application for a loan on behalf of a business.
• Tax returns.
• Bank and financial statements.
• Credit history information, credit reports, and credit scores.
The bill does not prohibit the disclosure of information held by the economic development agency
pursuant to its administration of a small business loan program in an aggregated and anonymized
format.
This bill provides a public necessity statement as required by article I, section 24(c) of the Florida
Constitution. The public necessity statement provides that in order to process and disburse loan funds,
an economic development agency may obtain sensitive information needed to assess viability of loans
and that such information may be used to locate, identify, and contact the borrower. The bill states that
such information, released, could be used by fraudulent contractors, predatory lenders, thieves, or
individuals seeking to impose on the borrower and it is therefore necessary for such information to be
protected to ensure that borrowers are not harassed, intimidated, or potentially defrauded.
The bill provides for repeal of the public record exemption on October 2, 2026, unless reviewed and
saved from repeal through reenactment by the Legislature.
B. SECTION DIRECTORY:
Section 1 Amends s. 288.075, F.S.; providing an exemption from public records requirements for
certain information held by an economic development agency; providing that such
information may be released in an aggregated and anonymized format; providing for future
legislative review and repeal of the exemption; providing a statement of public necessity.
Section 2 Provides a public necessity statement as required by the Florida Constitution.
Section 3 Provides an effective date.
11 Ss. 288.7102-.714, F.S.
12 See Microfinance Programs, ch . 288, part XIV.
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11. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See fiscal comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
See fiscal comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill may have a minimal fiscal impact on economic development agencies responsible for
complying with public records requests and redacting exempt information prior to releasing a record.
Such costs, however, would be absorbed as part of the day-to-day responsibilities of these agencies.
111. COMMENTS
A CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to take action requiring
the expenditure of funds, reduce the authority that counties or municipalities have to raise revenue in
the aggregate, nor reduce the percentage of state tax shared with counties or municipalities.
2. Other:
Vote Requirement
Article I, section 24(c) of the Florida Constitution requires a two-thirds vote of the members present
and voting for final passage of a newly created or expanded public record or public meeting
exemption. The bill creates a public record exemption; thus, it requires a two-thirds vote for final
passage.
Public Necessity Statement
Article I, section 24(c) of the Florida Constitution requires a public necessity statement for a newly
created or expanded public record or public meeting exemption. The bill creates a public record
exemption and includes the required public necessity statement.
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Breadth of Exemption
Article 1, section 24(c) of the Florida Constitution requires a newly created or expanded public record
or public meeting exemption to be no broader than necessary to accomplish the stated purpose of
the law. The bill creates a public records exemption for sensitive and personal financial information
that is held by an economic development agency pursuant to its administration of a state or federally
funded small business loan program, which does not appear to be broader than necessary to
accomplish its purpose.
8. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
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FLORIDA H O U S E 0 F REPRESENTATIVES
HB 379 2021
1 A bill to be entitled
2 An act relating to public records; amending s.
3 288.075, F.S.; providing an exemption from public
4 records requirements for certain information held by
5 an economic development agency; providing that such
6 information may be released in an aggregated and
7 anonymized format; providing for future legislative
8 review and repeal of the exemption; providing a
9 statement of public necessity; providing an effective
10 date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Subsection (7) of section 288.075, Florida
15 Statutes, is renumbered as subsection (8), and a new subsection
16 (7) is added to that section, to read:
17 288.075 Confidentiality of records.-
18 (7) LOAN PROGRAMS.-
19 (a) The following information held by an economic
20 development agency pursuant to its administration of a state or
21 federally funded small busine s s loan program is exempt from s.
22 119.07(1) ands. 24(a), Art. I of the State Constitution:
23 1. The home address, telephone number, and e-mail address
24 of a person who submits an application for a loan on behalf of a
25 business.
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FLORIDA H O U S E 0 F REPRESENTATIVES
HB 379 2021
26 2. Tax returns.
27 3. Bank and financial statements.
28 4. Credit history information, credit reports, and credit
29 scores.
30 (b) This section does not prohibit the disclosure of
31 information held by an economic development agency pursuant to
32 its administration of a small business loan program in an
33 aggregated and anonymized format.
34 (c) This subsection is subject to the Open Government
35 Sunset Review Act in accordance withs. 119.15 and shall stand
36 repealed on October 2, 2026, unless reviewed and saved from
37 repeal through reenactment by the Legislature.
38 Section 2 . The Legislature finds that it is a public
39 necessity that the home address, telephone number, and e-mail
40 address of a person who submits an application for a loan on
41 behalf of a business; tax returns; bank and financial
42 statements; and credit history information, credit reports, and
43 credit scores held by an economic development agency pursuant to
44 its administration of any state or federally funded small
45 business loan program be made exempt from s. 119.07(1), Florida
46 Statutes, ands. 24(a), Article I of the State Constitution. In
47 order to process and disburse loan funds, an economic
48 development agency may obtain sensitive information needed to
49 assess viability of loans. This information may be used to
50 locate and identify and contact the borrower. If released,
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FLORIDA H O U S E 0 F REPRESENTATIVES
HB 379 2021
51 locating and identifying information could be used by fraudulent
52 contractors, predatory lenders, thieves, or individuals seeking
53 to impose on the borrower. Therefore, it is necessary that
54 certain information held by an economic development agency
55 pursuant to its administration of any state or federally funded
56 small business loan program be protected to ensure that
57 borrowers are not harassed, intimidated, or potentially
58 defrauded.
59 Section 3. This act shall take effect July 1, 2021.
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 695 Digital License Plate Pilot Program
SPONSOR(S): Duran
TIED BILLS: IDEN./SIM. BILLS: SB 862
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee Keating
2) Infrastructure & Tourism Appropriations
Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
Current law requires license plates and validation stickers to be made out of metal retroreflective material and
meet certain statutory requirements regarding size and number of characters allowed on the plate. However,
the Department of Highway Safety and Motor Vehicles (DHSMV) may conduct a pilot program on government
vehicles to evaluate alternative license plates.
Digital license plates are dynamic screens, which may be used to replace the current metal license plate. They
are able to display information such as a license plate number and annual validation of the current license
plate. A digital license plate may also be used for applications such as electronic tolling and broadcasting
emergency alerts.
The bill eliminates DHSMV's current authority to evaluate alternative license plates through a pilot program and
creates the Digital License Plate Pilot Program. Beginning July 1, 2021, for government vehicles, and July 1,
2022, for all vehicles, DHSMV must implement the program for the purpose of evaluating the design, concepts,
and technology available for digital license plates and the feasibility of digital license plates. The bill authorizes
DHSMV to contract with one or more digital license plate providers, and DHSMV may authorize the display of a
plate number and validation sticker on a digital license plate. DHSMV may authorize the use of digital license
plates for toll collection and parking permits. DHSMV may establish procedures for displaying emergency
alerts, static logo displays, and other displays on the license plate.
DHSMV must distribute $4 from the sale of each digital license plate to its current manufacturer of license
plates. The bill also provides requirements for the digital license plate and requires providers to maintain an
inventory of digital license plates, make available digital versions of each specialty license plate, and update
the vehicle's registration in real time.
Assuming that most of the programming is between the digital license plate provider and the consumer, the bill
will have an insignificant impact on DHSMV expenditures. However, the bill is unclear as to whether or not
DHSMV will continue collecting all existing license plate fees. See Fiscal Analysis for details.
The bill is effective upon becoming a law.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0695.TIE.DOCX
DATE: 3/1/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Florida law requires registration license plates to be made of metal specially treated with a
retroreflection material. The registration license plate must be designed to increase nighttime visibility
and legibility and must be at least 6 inches tall and not less than 12 inches in wide, unless a plate with
reduced dimensions is deemed necessary by the Department of Highway Safety and Motor Vehicles
(DHSMV) to accommodate motorcycles, mopeds, or similar smaller vehicles. Annual validation stickers
must also be treated with a retroreflection material and must adhere to the license plate. 1
The license plate must be imprinted with a combination of bold letters and numerals, not to exceed
seven digits, to identify the registration license plate number. The license plate must be imprinted with
the word "Florida" at the top and the name of the county in which it is sold, the state motto, or the words
"Sunshine State" at the bottom. Any county may, upon majority vote of the county commission, elect to
have the county name removed from the license plates sold in that county. The state motto or the
words "Sunshine State" must be printed in lieu of the county name. 2
Under current law, DHSMV may conduct a pilot program to evaluate the designs, concepts, and
technologies for alternative license plates. For purposes of the pilot program, DHSMV must investigate
the feasibility and use of alternative license plate technologies and the long-term cost impact to the
consumer. A pilot program is limited to license plates that are used on government-owned motor
vehicles. Such license plates are exempt from statutory requirements providing the design and material
requirement for license plates. 3 DHSMV has had this authority since 2012, but has not conducted a
pilot program.
Under current law, PRIDE, lnc., 4 may manufacture license plates and validation stickers for DHSMV.
DHSMV is not required to obtain competitive bids in order to contract with the corporation. 5
Section 320.07, F.S., provides for the expiration of a motor vehicle registration and the required
renewal. The statute provides penalties for operating a motor vehicle without a registration license plate
or validation sticker. The penalties are as follows:
• Any person whose motor vehicle or mobile home registration has been expired for a period of
six months or less commits a noncriminal traffic infraction, punishable as a nonmoving violation.
• Any person whose motor vehicle or mobile home registration has been expired for more than
six months, upon a first offense, is subject to the penalty provided ins. 318.14, F.S. 6
• Any person whose motor vehicle or mobile home registration has been expired for more than
six months, upon a second or subsequent offense, commits a misdemeanor of the second
degree. 7
Digital License Plates
Digital license plates are dynamic screens that may replace the current physical license plate. They are
able to display information such as a license plate number and validation of the current license plate.
1
S. 320.06(3)(a), F.S.
z Id.
3
S. 320.06(5), F.S.
4
PRIDE, Inc. is the corporation organized under ch. 947, F.S., relating to inmate work programs.
5
S. 320.06(4), F.S.
6
Section 318.14, F.S., provides certain exceptions to noncriminal traffic infractions and provides for court appearances, payment
plans, and authorizes proof of compliance with motor vehicle registration requirements.
7
S. 320.07(3), F.S.
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The license plate may also be used for applications such as electronic tolling and broadcasting
emergency alerts.8
Digital license plates are currently available in California and Arizona , and 11 other states are in various
stages of adoption. 9 Depending on the type of digital license plate, prices start at $499 plus $55 per
year or $17.95 per month with a 36-month agreement. 10
Effect of the Bill
The bill repeals DHSMV's current unused authority to conduct a pilot program to evaluate the designs,
concepts, and technologies of alternative license plates. The bill creates s. 320.08069, F.S., to
establish the Digital License Plate Pilot Program within DHSMV to evaluate the design, concept, and
technologies available for digital license plates and to determine the feasibility of digital license plates.
The bill defines the term "digital license plate" as an electronic display that is designed to display the
information required to be included on a physical license plate and be placed on a motor vehicle
registered under Ch. 320, F.S., in lieu of a physical license plate.
The bill provides that except as otherwise specified in the bill, or a DHSMV rule adopted to implement
the pilot program, a digital license plate is subject to Florida's laws applicable to a physical license
plate; however, digital license plates are exempt from the statutory design requirements.
Beginning July 1, 2021 , DHSMV must administer the pilot program, which is limited to the installation of
digital license plates on government-owned motor vehicles. By July 1, 2022, DHSMV must allow any
motor vehicle registered in Florida to be equipped with a digital license plate in lieu of a physical license
plate.
The bill authorizes DHSMV to contract with one or more digital license plate providers 11 for the
issuance of digital license plates, including any services related to the issuance of digital license plates.
Under the bill, DHSMV may authorize the display of the motor vehicle's validation on each digital
license plate in lieu of the validation sticker. The validation must display the owner's birth month, the
license plate number, and the year of expiration or appropriate renewal period if the owner is not a
natural person. The validation must be displayed in the upper right corner of the digital plate.
The bill also provides that DHSMV may authorize the use of a digital license plate for electronic toll
collection 12 or to display a parking permit.
Further, DHSMV may establish procedures for displaying the following information on a digital license
plate:
• An emergency alert, including an alert regarding a missing child or missing adult;
• Static logo displays, including displays for fleet license plates, digital versions of specialty
license plates, and special license plates for the Governor and federal and state legislators; and
• Other displays that DHSMV, in consultation with law enforcement agencies, determines are in
the interest of public safety.
DSHMV must distribute $4 from the sale of each digital license to PRIDE, Inc. on a quarterly basis.
8
https://reviver.com/shop/ (last visited February 26, 2021 ).
9
Reviver Announces Florida has Filed legislation Authorizing its Digital License Plates. https://www.pmewswire.com/news-
releases/reviverannounces-florida-has-filed-legislation-authorizing-its-digital-license-plates-30122483 8.html, February 9, 2021 . (last
visited February 26, 2021 ).
10
https://reviver.corn/shop/ (last visited February 26, 2021 ).
11
The bill defines the term "digital license plate provider" as a person or an entity engaged in the business of providing digital license
plate hardware and services to motor vehicles.
12
Electronic toll collection is administered by the Department of Transportation and various other tolling agencies.
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Under the bill, a digital license plate must:
• Meet the requirements and specifications required above;
• Include the same information required to be included on a physical license plate and legibly
display that information at all times and in all light conditions; however, the digital license plate
may display the information in a smaller type size when the motor vehicle is parked; and
• Have wireless connectivity capability.
A digital license plate provider with whom DHSMV contracts must:
• Maintain an inventory of digital license plates in this state.
• Make available a digital version of each specialty license plate authorized by DHSMV; and
• If a digital license plate displays a validation to reflect the current registration period for the
motor vehicle, and upon DHSMV request, suspend the display of the validation or indicate in the
digital license plate that the motor vehicle's registration has expired.
The bill authorizes DHSMV to adopt rules to implement the digital license plate pilot program.
The bill creates s, 320.07(7), F.S., to provide that the owner of a digital license plate is not subject to
the penalties ins. 320.07, F.S ., for failure to display a validation if the vehicle was operated in
compliance with ch . 320, F.S., and any DHSMV rules governing the placement of digital license plates
and registration renewal .
The bill is effective upon becoming a law.
B. SECTION DIRECTORY:
Section 1 Amends s. 320.06, F.S., relating to registration certificates, license plates, and validation
stickers.
Section 2 Amends s. 320.07, F.S., relating to registration, renewal required.
Section 3 Creates s. 320.08069, F.S., relating to the Digital License Plate Pilot Program .
Section 4 Provides that the bill is effective upon becoming a law.
11. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The bill is not clear as to whether or not DHSMV will continue collecting license plate fees from
purchasers of digital license plates. If purchasers of digital license plates are not subject to existing
license plate fees, there may be a negative impact to the various funds those fees are deposited
into.
2. Expenditures:
According to DHSMV, the bill should have an insignificant impact on it, with the expectation that
programming and implementation will be conducted between the digital license plate provider and
the consumer. Therefore, DSHMV does not plan on programming connectivity between the
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proposed digital license plates and DSHMV systems and will continue with its current procedures
for original and renewal license plate transactions. 13
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
The bill does not appear to impact local government revenues.
2. Expenditures:
The bill does not appear to impact local government expenditures.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Digital license plate providers may see additional revenues associated with the pilot program.
D. FISCAL COMMENTS:
None.
Ill. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to impact county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill authorizes DHSMV to adopt rules to implement the Digital License Plate Pilot Program .
C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill, as currently drafted:
• Is titled as a pilot program, but requires the digital license plate to be available to all motor
vehicles by July 1, 2022.
• May need to be clarified as to how a motor vehicle owner would obtain a digital license plate.
• May need to be clarified as to how DSHMV will obtain the $4 per digital license plate distributed
to PRIDE.
• May need to be clarified that all other statutory fees associated with motor vehicle registrations
and renewals are applicable to the purchase of a digital license plate.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
Not applicable.
13
Email from Kevin Jacobs, Legislative Affairs Director, Department of Highway Safety and Motor Vehicles, HB 695. (February 25,
2021).
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FLORIDA H O U S E 0 F REPRESENTATIVES
HB 695 2021
1 A bill to be entitled
2 An act relating to the Digital License Plate Pilot
3 Program; amending s. 320.06, F.S.; deleting provisions
4 relating to the authority of the Department of Highway
5 Safety and Motor Vehicles to conduct a pilot program
6 to evaluate the designs, concepts, and technologies
7 for alternative license plates; amending s. 320.07,
8 F.S.; exempting owners of digital license plates from
9 certain penalties; creating s. 320.08069, F.S.;
10 creating the Digital License Plate Pilot Program
11 within the department; providing the purpose of the
12 program; defining terms; providing applicability;
13 requiring the department to begin administering the
14 program on a specified date; authorizing the
15 department to contract with digital license plate
16 providers; providing additional authorizations to the
17 department relating to the pilot program; providing
18 for the distribution of fees from the sale of digital
19 license plates; specifying requirements for digital
20 license plates and for digital license plate
21 providers; authorizing the department to adopt rules;
22 providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
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26 Section 1. Subsection (5) of section 320.06, Florida
27 Statutes, is amended to read:
28 320.06 Registration certificates, license plates, and
29 validation stickers generally.-
30 (5) The department may conduct a pilot program to evaluate
31 the designs, concepts, and technologies for alternative license
32 plates . For purposes of the pilot program, the department shall
33 investigate the feasibility and use of alternative license plate
34 technologies and the long term cost iFRpact to the eonsUIBer. The
35 pilot program shall be limited to license plates that are used
36 on govcrnmcn t m:ned mot or vehicles as des er ib ed in s . 3 2 0. 0 6 5 § •
37 Such license plates are exempt from the requirements in
38 paragrapb (3) (a).
39 Section 2. Subsection (7) is added to section 320.07,
40 Florida Statutes, to read:
41 320.07 Expiration of registration; renewal required;
42 penalties.-
43 (7) An owner of a digital license plate as described ins.
44 320.08069 is not subject to the penalties of this section for
45 failure to display a validation if the vehicle was operated in
46 compliance with this chapter and any rules adopted by the
47 department governing the placement of digital license plates and
48 registration renewal.
49 Section 3. Section 320.08069, Florida Statutes, is created
50 to read:
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FLORIDA H O U S E 0 F REPRESENTATIVES
HB 695 2021
51 320.08069 Digital License Plate Pilot Program.-There is
52 created within the department the Digital License Plate Pilot
53 Program. The purpose of the program is to evaluate the design,
54 concepts, and technologies available for digital license plates
55 and to determine the feasibility of digital license plates.
56 (1) DEFINITIONS.-As used in this section, the term:
57 (a) "Digital license plate" means an electronic display
58 that is designed to:
59 1. Display the information required to be included on a
60 physical license plate; and
61 2. Be placed on a motor vehicle registered under this
62 chapter in lieu of a physical license plate.
63 (b) "Diqital license plate provider" means a person or an
64 entity engaged in the business of providing digital license
65 plate hardware and services to motor vehicle owners.
66 (2) APPLICABILITY.-Except as otherwise provided by this
67 section or a rule adopted under this section, a digital license
68 plate issued under this section is subject to the laws of this
69 state applicable to a physical license plate; however , digital
70 license plates issued under this section are exempt from s.
71 320.06(3)(a).
72 (3) DIGITAL LICENSE PLATE PILOT PROGRAM.-
73 (a) Beginning July 1, 2021, the department shall
74 administer the pilot program. The pilot program must be limited
75 to installation and use of digital license plates on government-
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FLORIDA H O U S E 0 F REPRESENTATIVES
HB695 2021
76 owned motor vehicles as described ins. 320.0655.
77 (b) By July 1, 2022, the department shall allow a motor
78 vehicle registered under this chapter to be equipped with a
79 digital license plate in lieu of a physical license plate issued
80 under s. 320.06.
81 (c) The department may contract with one or more digital
82 license plate providers for the issuance of digital license
83 plates, including any services related to the issuance of
84 digital license plates.
85 (d) The department may authorize the display of the motor
86 vehicle's validation o n each digital license plate in lieu of
87 the validation sticker. The validation must display the owner's
88 birth month, the license plate number, and the year of
89 expiration or a p prop riate renewal period if the owner is not a
90 natural person. The validation must be displayed in the upper
91 rig ht cor ner of the digital plate.
92 (e) The department may authorize the use of a digital
93 license plate for electronic toll collection or to display a
94 p a rking p ermit .
95 (f) The department ma y establish procedures for displaying
96 the following information on a digital license plate:
97 1. An emergency alert or other public safety alert issued
98 b y a g overnmental entit y , including an alert p u rsuant to s.
99 937.021;
100 2. Static logo displays, including unique displays for
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FLORIDA H O U S E 0 F REPRESENTATIVES
HB 695 2021
101 fleet license plates, digital versions of specialty license
102 plates, and special license plates for the Governor and federal
103 and state legislators; and
104 3. Other displays that the department, in consultation
105 with law enforcement agencies, determines are in the interest of
106 public safety.
107 (g) The department shall distribute $4 from the sale of
108 each digital license plate to the nonprofit corporation
109 specified under s. 946.504 on a quarterly basis.
110 (4) DIGITAL LICENSE PLATE REQUIREMENTS.-A digital license
111 plate issued under this section must:
112 (a) Meet the specifications and requirements adopted under
113 subsection ( 3) ;
114 (b) Include the same information required to be included
115 on a physical license plate and legibly display that information
116 at all times and in all light conditions; however, the digital
117 license plate may display the information in a smaller type size
118 when the motor vehicle is parked; and
119 (c) Have wireless connectivity capability.
120 (5) DIGITAL LICENSE PLATE PROVIDERS.-A digital license
121 plate provider with whom the department contracts shall:
122 (a) Maintain an inventory of the digital license plates
123 issued by the digital license plate provider in this state;
124 (b) Make available a digital version of each specialty
125 license plate authorized by the department; and
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126 (c) If a digital license plate displays a validation,
127 promptly update the display of the validation to reflect the
128 current registration period for the motor vehicle and, upon
129 request of the department, suspend the display of the validation
130 or indicate on the digital license plate that the registration
131 for the motor vehicle has expired.
132 (6) RULEMAKING.-The department may adopt rules to
133 implement this section.
134 Section 4. This act shall take effect upon becoming a law.
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TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE
HB 695 by Rep. Duran
DIGITAL LICENSE PLATE PILOT PROGRAM
AMENDMENT SUMMARY
MARCH 3, 2021
Amendment 1 by Rep. Duran(# 641741)
• Clarifies that a customer must first obtain a physical license plate from the
Department of Highway Safety and Motor Vehicles (DHSMV) prior to obtaining a
digital license plate.
• Clarifies that a purchaser of a digital license plate is required to pay all statutorily
required motor vehicle fees applicable to his or her registration and accordingly
removes the requirement that DHSMV send $4 to PRIDE for every digital license
plate sold.
• Requires the digital license plate provider's contract with DHSMV to contain
provisions governing the protection of personal and motor vehicle registration
data obtained by the provider in the performance of its services.
• Clarifies that the use of a digital license plate for toll collection may be authorized
only if such use has been approved by the Department of Transportation or
appropriate toll authority.
• Clarifies provisions regarding the use of specialty and special license plates as
digital license plates.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 695 (2021)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Tourism, Infrastructure &
2 Energy Subcommittee
3 Representative Duran offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 49-133 and insert:
7 Section 3. Section 320.08069, Florida Statutes, is created
8 to read:
9 320 . 0 8 069 Di g ital License Plate Pilot Program.-There is
10 created within the department the Digital License Plate Pilot
11 Pr og ram. Th e p ur pose of th e program is to eva luate the design,
12 concepts, and technologies available for digital license plates
13 and to determine the feasibilit y of digital license plates .
14 (1) DEFINITIONS.-As used in this section, the term:
11
15 (a) Digital license plate II means an electronic displa y
16 that is designed to:
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Page 1 of 6
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 695 (2021)
Amendment No. 1
17 1. Display the information required in this chapter to be
18 included on a physical license plate; and
19 2. Be placed on a motor vehicle registered under this
20 chapter in lieu of a physical license plate.
21 (b) "Digital license plate provider" means a person or an
22 entity enga ged in the business of providing digital license
23 plate hardware and services to motor vehicle owners.
24 (2) APPLICABILITY.-Except as otherwise provided by this
25 section or a rule adopted under this section, a digital license
26 plate issued under this section is subject to the laws of this
27 state applicable to a physical license plate; however, digital
28 license p lates issued under this section are exempt from s.
29 320.06(3) (a).
30 (3) DIGITAL LICENSE PLATE PILOT PROGRAM.-
31 (a) Beginning July 1, 2021, the department shall
32 administer the program. The program must be limited to
33 installation and use of digital license plates on government-
34 owned motor vehicles as described ins. 320.0655.
35 (b ) By Ju l y 1 , 2 022, the department shall allow any motor
36 vehicle registered under this chapter to be equipped with a
37 digital license plate in lieu of a physical license plate issued
38 under s. 320.06. How eve r, the purchaser of a digital license
39 plate must first obtain a physical license plate from the
40 department before obtaining a digital license plate from a
41 digital license pl ate provider.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 695 (2021)
Amendment No. 1
42 (c) The department may contract with one or more digital
43 license plate providers for the issuance of digital license
44 plates, including any services related to the issuance of
45 digital license plates. The contract shall include provisions
46 governing the protection of personal and motor vehicle
47 registration data obtained by a digital license plate provider
48 in the performance of its services.
49 (d) The department may a u thorize the display of the motor
50 vehicle's validation on each digital license plate in lieu of
51 the validation sticker. The validation must display the owner's
52 birth month, the license plate number, and the year of
53 expiration or appropriate renewal period if the owner is not a
54 natural person. The validation must be displa yed in the upper
55 right corner of the digital license plate.
56 (e) The department may aut horize the use of a digital
57 license plate for electronic toll collection, if such use has
58 been approved by the Department of Transportation or other
59 approp r iate tol l ing authority , or to di splay a parking permit.
60 (f) The department may establish procedures for displaying
61 the following information on a digital license plate:
62 1. An emergency alert or other public safety alert issued
63 by a governmental entity, including an alert pursuant to s.
64 937.021;
65 2. Static l ogo disp l a ys , including unique displays for
66 fleet license plates, digital versions of specialty license
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 695 (2021)
Amendment No. 1
67 plates as described ins. 320.08058, and special license plates
68 for military service authorized ins. 320.089, and for the
69 Governor and federal and state legislators as authorized ins.
70 320. 0807; and
71 3. Other displays that the department, in consultation
72 with law enforcement agencies, determines are in the interest of
73 public safety.
74 (4) DIGITAL LICENSE PLATE REQUIREMENTS.-A digital license
75 plate issued under this section must:
76 (a) Meet the specifications and requirements adopted under
77 subsection ( 3) ;
78 (b) Include the same information required to be included
79 on a physical license plate and legibly display that information
80 at all times and in all light conditions; however, the digital
81 license plate may display the information in a smaller type size
82 when the motor vehicle is parked ; and
83 (c) Have wireless connectivity capability.
84 (5) DIGITAL LICENSE PLATE PROVIDERS.-A digital license
85 plate provider with whom the department contracts shall:
86 (a) Maintain an inventory of digital license plates issued
87 in this state by the digital license plate provider;
88 (b) Make available a digital version of each specialty
89 license plate authorized by the department; and
90 (c) If a digital license plate displays a validation,
91 promptly update the display of the validation to reflect the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 695 (2021)
Amendment No. 1
92 current registration period for the motor vehicle and, upon
93 request of th e depa r tment , suspend t h e display o f the validation
94 or indicate on the digital license plate that the registration
95 for the motor vehicle has expired.
96 (6 ) DIGITAL LICENSE PLATE CONSUMERS.-A consumer who
97 chooses to purchase a digital license plate must purchase a
98 digital license plate directly from a digital license plate
99 provider. In addition to an y fees associated with the purchase
100 of a digital license plate, the consumer is also responsible for
101 paying to the department all a pp licable motor vehicle fees in
102 this chapter, including any annual use fees pursuant to s.
103 320.08046 associated with any specialty license plate the
104 consumer wishes to display on the digital license plate.
105 (7) RULEMAKING.-The department may adopt rules to
106 implement this section.
107
108
109
110 T I T L E A ME N D ME N T
111 Remove lines 9-21 and insert:
112 certain penalties; creating s. 320.08069, F.S.; creating the
113 Digital License Plate Pilot Program within the department;
114 providing the purpose of the program; defining terms; providing
115 applicability; requiring the department to begin administering
116 the program on a specified date; authorizing the department to
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 695 (2021)
Amendment No. 1
117 contract with digital license plate providers; providing
118 additional authorizations to the department relating to the
119 program; specifying requirements for digital license plates and
120 for digital license plate providers; providing requirements for
121 consumers of digital license plates; authorizing the department
122 to adopt rules;
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Page 6 of 6
I
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 753 Broadband Internet Deployment
SPONSOR(S): Clemons
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee Johnso
2) Infrastructure & Tourism Appropriations
Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
Broadband Internet Service has become an essential component of daily life. However, some parts of Florida
are still do not have access to broadband Internet service. In order to address this issue, various federal
programs are available to encourage the expansion of broadband Internet access. While the state has
established the Office of Broadband (Office) within the Department of Economic Opportunity (DEO) to facilitate
the expansion of broadband Internet service, the state currently does not have any programs or funding
mechanisms to increase the availability of such service in the state.
The bill creates the Florida Broadband Opportunity Program within the Office to award grants to applicants who
seek to expand broadband Internet service to unserved and underserved areas of the state. The bill:
• Provides that grants are to be used for the installation and deployment of infrastructure that supports
broadband Internet service.
o Authorizes certain entities to apply for grants, including corporations, not-for-profits, political
subdivisions, rural electric cooperatives, and Indian tribes.
o Provides application requirements.
o Authorizes existing broadband Internet providers to challenge grant applications if service is
already provided or is planned in the area at issue.
o Provides criteria for evaluating applications.
o Provides that the grant award combined with other government funding may not fund more than
50 percent of the project's total costs.
o Requires an annual report to the Governor and Legislature and requires certain information to
be provided in the report.
o Requires the Office's agreement with a grant recipient to contain certain provisions, including
sanctions for failure to perform, which may result in grant funds being returned to the Office.
• Reallocates 50 percent of the revenues currently allocated to the M-CORES program to the Office for
purposes of administering the grant program.
• Defines the terms "broadband Internet service" and "unserved" and revises the definition of
"underserved."
• Grants DEO rulemaking authority regarding the Office and the grant program.
• Requires the Department of Transportation to consult with the Office regarding the use of certain
turnpike funds authorized for broadband infrastructure projects in rural areas of opportunity and that the
use of such funds be consistent with the office's strategic plan.
The Revenue Estimating Conference has yet to evaluate this bill; however, based upon 2019 information from
the creation of M-CORES, the bill transfers approximately $66.3 million in revenue from the State
Transportation Trust Fund at DOT to DEO for the Program and a similar amount in future fiscal years.
The bill has an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0753.TIE .D0CX
DATE: 3/1/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current 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
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. The FCC is in the process of reviewing documents regarding the winning
bids. 8
1
U.S. Federal Communications Commission, 2018 Broadband Deployment Report, at I (Feb. 2, 2018), available at
https://docs.fcc.gov/public/attachments/FCC-18-IOAI.pdf(last visited Feb. 11, 2021).
2
U.S. Federal Communication Commission, 2021 Broadband Deployment Report at 63. (Jan. 19, 2021), available at
https://docs.fcc.gov/public/attachments/FCC-2 l- l 8A l.pdf (last visited Feb. 12, 2021 ). For purposes of this data, 'fixed broadband
services' are measured at 25 megabits per second downstream and 3 megabits per second upstream.
3
American Broadband Initiative, Milestones Report, at 11 (Feb. 13, 2019), available at
https://broadbandusa.ntia.doc.gov/sites/default/files/resource-files/american_broadband_initiative_milestones_report_feb_ 2019_ O.pdf
(last visited Feb. 12, 2021 ).
4
CO VJD-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- I 9-lockdowns-expose-the-digital-ha ve-nots-in-rural-areas-heres-wh ich-po Iicies-can-get-them-
connected-144324 (last visited Feb. 12, 2021).
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/intemet-access-covid-19/ (last visited Feb. 12, 2021 ).
7
U.S. Federal Communications Commission, FCC Launches $20 Billion Rural Digital Opportunity Fund,
https://www.fcc.gov/document/fcc-1aunches-20-billion-rural-digital-opportunity-fund-O (last visited Feb. 11, 2021 ).
8
U.S. Federal Communications Commission: https://www.fcc.gov/document/auction-904-winning-bidders (last visited February 22,
2021).
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The FCC is in the process of adopting more accurate broadband deployment data, including whether
broadband Internet service is available to residential and/or business customers in a specific area. 9
Using this more precise data, the second phase of FCC grants will make available at least $4.4 billion
to target geographic areas where some locations lack access to 25/3 Mbps broadband. 10
In addition, the U.S. Department of Agriculture (USDA), through its Reconnect Program, offers federal
loans, grants, and loan/grant combinations to facilitate broadband deployment to rural areas without
access to sufficient broadband service. 11 Eligible entities include cooperatives and non-profits, for-profit
companies, and state and local governments and their agencies and political subdivisions. Applicants
requesting 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 five years. 12
Florida Broadband Program
In 2009, the Legislature authorized the Department of Management Services (OMS) to work
collaboratively with Enterprise Florida, state agencies, local governments, private businesses, and
community organizations to:
• Assess the needs for broadband Internet service and develop data and maps that provide a
baseline assessment of the availability and speed of broadband service throughout Florida;
• Create a strategic plan to increase use of broadband Internet service in Florida;
• 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; and
• Encourage the use of broadband Internet service, especially in rural, unserved, and
underserved areas of the state through grant programs.
In 2020, the Legislature passed CS/HB 969, 13 designating DEO as the lead state agency to facilitate
the expansion of broadband Internet service in the state. The bill created the Florida Office of
Broadband (Office) within DEO's Division of Community Development for purposes of developing,
marketing, and promoting broadband Internet service in the state.
CS/HB 969 (2020) maintained most of the requirements previously imposed on OMS and imposed
them instead on the new office. Specifically, the Office must:
• Create a strategic plan for increasing the use of broadband Internet service in the state which
must 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;
• Encourage the use of broadband Internet service, especially in rural, unserved, and
underserved 14 areas of the state through grant programs; and
9
U.S. Federal Communications Commission, Press Release, FCC Takes Next Stem to Ensure Collection of More Precise and
Accurate Broadband Mapping Data. January 19, 2021. https://docs.fcc.gov/public/attachments/DOC-36938 IA l.pdf (last visited Feb.
15, 2021).
10
U.S. Federal Communications Commission, FCC Launches $20 Billion Rural Digital Opportunity Fund,
https://www.fcc.gov/document/fcc-launches-20-billion-rural-digital-opportunity-fund-O (last visited Feb. 11, 2021).
11
USDA, Broadband, https://www.usda.gov/broadband (last visited Feb. 11, 2021).
12 Id.
13
Ch. 2020-26, L.O.F.
14
Section 364.0l 35(2)(d), 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 capacity for transmission at a consistent speed of at least I 0
Mbps downstream and at least I Mbps upstream
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• 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. 15
For these purposes, CS/HB 969 (2020) authorized DEO to apply for and accept federal grant funds,
enter into necessary or useful contracts, and establish any committee or workgroup to administer the
program. 16
CS/HB 969 (2020) provided that up to $5 million of the funds transferred to Florida's Turnpike
Enterprise 17 for the Multi-use Corridors of Regional Economic Significance (M-CORES) program may
be used for projects that assist in the development of broadband infrastructure within or adjacent to a
multiuse corridor. The bill required that priority be given to broadband infrastructure projects located in
a rural area of opportunity 18 that is adjacent to a multiuse corridor. 19
Multi-Use Corridors of Regional Economic Significance Program
In 2019, the Legislature passed CS/SB 7068, creating M-CORES within the Department of
Transportation (DOT). 20 M-CORES' purpose, as stated in the law, is to revitalize rural communities,
encourage job creation, and provide regional connectivity while leveraging technology, enhancing
quality of life and public safety, and protecting the environment and natural resources. Its objective is to
advance the construction of regional corridors that are intended to accommodate multiple modes of
transportation and multiple types of infrastructure. Its list of intended benefits includes addressing
broadband connectivity. 21
In creating M-CORES, the Legislature took that portion of motor vehicle license tax 22 allocated to the
General Revenue Fund and reallocated it to the State Transportation Trust Fund (STTF). Funds that
result from increased revenues to the STTF made in the M-CORES legislation must be used as follows:
• For the 2019-2020 fiscal year, $45 million must be retained in the STTF, and the remaining
funds must be transferred to the General Revenue Fund.
• For the 2020-2021 fiscal year, $90 million must be retained in STTF, and the remaining funds
must be transferred to the General Revenue Fund.
• For the 2021-2022 fiscal year and each fiscal year thereafter, all of the funds must be retained
in the STTF. 23
Effect of the Bill
The bill establishes the Broadband Opportunity Program (Program) within the Office. The Program's
purpose is to award grants to applicants who seek to expand access to broadband Internet service 24 in
15
S. 364.0135(4), F.S.
16
S. 364.0135(5), F.S.
17
The Florida Turnpike Enterprise is part of the Department of Transportation.
18
Section 288.0656, F.S., defines a rural area of opportunity (RAO) as a rural community, or region composed of rural communities,
designated by the Governor, that has been adversely affected by an extraordinary economic event, severe of chronic distress, or natural
disaster that presents a unique economic development opportunity of regional impact. RAO's are eligible for assistance and other
support through the Rural Economic Development Initiative, administered by DEO.
19
S. 339.0801(2)(b), F.S.
2
°Ch. 2019-43, L.O.F.
21
S. 337.2278(l)(d), F.S.
22
Motor vehicle license taxes are established ins. 320.08, F.S.
23
S. 338.2278(7), F.S.
24
The bill defines the term "broadband Internet service" as 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.
STORAGE NAME: h0753.TIE.D0CX PAGE: 4
DATE: 3/1/2021
unserved 25 and underserved 26 areas of the state. The Office must administer and act as fiscal agent for
the Program and is responsible for receiving and reviewing applications and awarding grants. Funding
for the Program comes from a reallocation 50 percent of the funds from the increased revenues to the
STTF derived from the M-CORES Program, for fiscal years 2021-2022 and each fiscal year thereafter.
Prior to M-CORES, these funds were allocated to the General Revenue Fund from motor vehicle
license taxes. 27 The bill transfers these funds to the State Economic Enhancement and Economic
Development Trust Fund within DEO for purposes of Program grants.
Grants must fund the installation and deployment of infrastructure that supports broadband Internet
service.
Applicants eligible for grant awards include:
• Corporations, nonprofit corporations, limited liability companies, general partnerships, and
limited partnerships. 28
• Political subdivisions.
• Rural electric cooperatives and their broadband affiliates.
• Indian tribes.
An eligible applicant must submit a grant application to the Office, which must include the following
information:
• A description of the project area;
• A description of the kind and amount of broadband Internet service infrastructure that is
proposed to be deployed;
• Evidence demonstrating the unserved or underserved nature of the project area;
• The number of households and businesses that would have new access to broadband Internet
service, or that would have upgraded broadband Internet service as a result of the grant;
• A list of significant community institutions that would benefit from the grant;
• The total cost of the project and the timeframe in which it would be completed;
• A list identifying sources of funding or in-kind contributions that would supplement any awarded
grant; and
• Any other information required by the Office.
At least 30 days before the first day that grant applications may be submitted each fiscal year, the
Office must publish on its website the specific criteria and quantitative scoring system it will use to
evaluate or rank applications and award grants. The criteria and quantitative scoring system must
include the criteria listed in the bill, as discussed below.
Within three business days after the close of the grant application process, the Office must publish on
its website, from each application submitted, the proposed unserved and underserved areas to be
served and the proposed broadband Internet speeds for the areas to be served.
A broadband Internet service provider that provides existing service in or adjacent to a proposed
project area may submit to the office, within 45 days after publication of the information, a written
challenge to an application. The challenge must contain information demonstrating that:
• The provider currently provides broadband Internet service to retail customers within the
proposed project area;
• The provider has begun construction to provide broadband Internet service to retail customers
within the proposed project area; or
25
The bill defines the term "unserved" as a geographic area of the state without access to Internet service with a connection speed of
at least 10 megabits per second download and 1 megabit per second upload.
26
The bill amends the existing definition of the term "underserved" to mean a geographic area of the state without access to Internet
service with a connection speed ofat least 25 megabits per second download and 3 megabits per second upload.
27
Sees. 320.08, F.S. (2018).
28
These entities must be organized under the laws of the state or otherwise authorized to transact business in the state.
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• The provider commits to providing broadband Internet service to retail customers within the
proposed project area within the timeframe proposed by the applicant.
Within three business days after the submission of a written challenge, the Office must notify the
applicant, in writing, of the challenge.
The Office must evaluate each challenge. If the Office determines that the provider currently provides,
has begun construction to provide, or commits to provide broadband Internet service in the proposed
project area, the office may not fund the challenged project.
If the Office denies funding to an applicant as a result of a broadband Internet service provider's
challenge and the provider ultimately does not fulfill its commitment to provide broadband Internet
service in the unserved or underserved area, the Office may not consider another challenge from the
provider for the next grant cycle, unless the Office determines the failure to fulfill the commitment was
due to circumstances beyond provider's control.
In evaluating grant applications and awarding grants, the Office must prioritize applications proposing
to serve areas identified by the Office as unserved.
In evaluating grant applications and awarding grants, the Office may prioritize applications that:
• Propose to serve areas identified by the Office as underserved;
• Offer new or substantially upgraded broadband Internet service to important community
institutions including libraries, educational institutions, public safety facilities, and healthcare
facilities;
• Facilitate the use of telemedicine and electronic health records;
• Serve economically distressed areas of the state, as measured by indices of unemployment,
poverty, or population loss that are significantly greater than the statewide average;
• Provide for scalability to transmission speeds of at least 100 megabits per second download
and 10 megabits per second upload;
• Include a component to actively promote the adoption of the newly available broadband Internet
services in the community;
• Provide evidence of strong support for the project from citizens, government, businesses, and
institutions in the community;
• Provide access to broadband Internet service to the greatest number of unserved or
underserved households and businesses;
• Leverage greater amounts of funding for the project from other private and public sources; or
• Demonstrate consistency with the Office's strategic plan. 29
The Office must endeavor to award grants to qualified applicants in all regions of the state. The Office
may not award any grant to an otherwise eligible grant applicant to provide broadband Internet service
in a project area for which any other federal funding has been awarded.
A grant may not be used to serve any retail end user that already has access to broadband Internet
service. A grant, when combined with any other state or local funds, may not fund more than 50
percent of the total cost of a project. A single project may not be awarded a grant in excess of $5
million.
For each grant awarded, the Office must enter into an agreement with the applicant. The agreement
must specify the total amount of the grant, performance conditions that must be met to obtain the grant,
the schedule of payment, and sanctions that would apply for failure to meet performance conditions,
including, but not limited to, requiring the return of grant funds.
29
The Office has yet to issue its strategic plan.
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By January 1, 2023, and each year thereafter, the Office must publish on its website and provide to the
Governor, the President of the Senate, and the Speaker of the House of Representatives:
• A list of all grant applications received during the previous year and for each application:
o The results of any quantitative weighting or scoring system the Office used to award
grants or rank the applications.
o The grant amount requested.
o The grant amount awarded, if any.
o A report on the progress of each grant recipient in acquiring and installing infrastructure
that supports the provision of broadband Internet service in the project areas for which
the grant was awarded and in securing adoption of such service in each project area.
• All written challenges during the previous year.
The bill amends s. 364.0135, F.S., to define terms, incorporate unserved areas in the list of project
priorities, authorize the Office to administer the Program, and grant the Office rulemaking authority
relating to the administration of Office and the Program.
The bill amends s. 339.0801, F.S., to require DOT to consult with the Office to ensure that DOT's
broadband infrastructure projects are consistent with Office's strategic plan.
The bill amends s. 364.02, F.S., to provide that the definition of "broadband service" as it relates to the
regulation of telecommunications service by the Public Service Commission, does not apply to statutory
provisions in ch. 364, F.S., relating to the Office.
B. SECTION DIRECTORY:
Section 1 Amends s. 338.2278, F.S., relating to the Multi-Use Corridors of Regional Economic
Significance Program.
Section 2 Amends s. 339.0801, F.S., relating to the allocation of increased revenues derived from
amendments to s. 319.32(5)(a), F.S., by Ch. 2012.128, L.O.F.
Section 3 Amends s. 364.02, F.S., providing definitions.
Section 4 Amends s. 364.0135, F.S., relating to the promotion of broadband adoption and the Florida
Office of Broadband.
Section 5 Creates s. 364.0136, F.S., creating the Broadband Opportunity Program .
Section 6 Provides an effective date of July 1, 2021.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
See Fiscal Comments.
2. Expenditures:
See Fiscal Comments
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B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
To the extent that the Program leads to the deployment of broadband Internet service, this may result in
increased economic activity in areas not served by adequate or any broadband Internet service.
Broadband Internet providers may see an increase in revenues associated with grants promoting the
deployment of broadband Internet service.
The reallocation of funds from the STTF to DEO may cause a delay in some DOT transportation
projects associated with M-CORES, which are included in DOT's work program.
D. FISCAL COMMENTS:
The Revenue Estimating Conference has yet to evaluate this bill; however, based upon 2019
information from the creation of M-CORES, the bill transfers approximately $66.3 million in revenue
from the State Transportation Trust Fund at DOT to DEO for the Program and a similar amount in
future fiscal years. 30
Ill. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenue in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill authorizes DEO to adopt rules regarding the administration of the Office and the Broadband
Opportunity Program.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
Not applicable.
30
Florida House of Representatives, 2019 House Bill 7113 Final Bill Analysis. P. 17.
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FLORIDA H O U S E 0 F REPRESENTATIVES
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1 A bill to be entitled
2 An act relating to broadband Internet deployment;
3 amending s. 338.2278, F.S.; providing for the transfer
4 of certain funds from the State Transportation Trust
5 Fund to the State Economic Enhancement and Economic
6 Development Trust Fund within the Department of
7 Economic Opportunity; providing for the use of such
8 funds by the Florida Office of Broadband; amending s.
9 339.0801, F.S.; requiring the Department of
10 Transportation to consult with the Florida Office of
11 Broadband to ensure specified projects are consistent
12 with a strategic plan; amending s. 364.02, F.S.;
13 providing an exception to the definition of the term
14 "broadband service" for certain purposes; amending s.
15 364.0135, F.S.; adding a cross-reference; revising and
16 providing definitions related to broadband service;
17 revising duties of the Florida Office of Broadband;
18 providing rulemaking authority; creating s. 364.0136,
19 F.S.; establishing the Broadband Opportunity Program
20 within the Florida Office of Broadband in the
21 Department of Economic Opportunity; providing for
22 administration of the program; providing requirements
23 for grant awards; providing for eligibility; providing
24 application requirements; requiring the publication of
25 certain information related to grant applications and
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26 grant awards on a website; authorizing grant
27 applications to be challenged under certain
28 circumstances; providing procedures for use by the
29 office in evaluating challenges; providing direction
30 for the office in prioritizing funding grants;
31 providing a limit on the amount of individual grants;
32 requiring grant agreements to contain specified
33 conditions; requiring the office to enter into an
34 agreement containing specified information with each
35 grant recipient; requiring the office to publish a
36 specified report annually on its website;
37 requiring a report to the Governor and Legislature
38 with specified information; providing an effective
39 date.
40
41 Be It Enacted by the Legislature of the State of Florida:
42
43 Section 1. Subsection (7) of section 338.2278, Florida
44 Statutes, is amended to read:
45 338.2278 Multi-use Corridors of Regional Economic
46 Significance Program.-
47 (7) Funds that result from increased revenues to the State
48 Transportation Trust Fund derived from the amendments to s.
49 320.08 made by chapter 2019-43, Laws of Florida, this act and
50 deposited into the fund pursuant to s. 320.20(5) (a) must be used
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51 as follows:
52 (a) For the 2019 2020 fiscal year, $4§ million shall be
53 retained in the State Transportation Trust Fund, and the
54 remaining funds shall be transferr~ed te the General Revenue
55 Fund.
56 -fa+ For the 2020-2021 fiscal year, $90 million shall be
57 retained in the State Transportation Trust Fund, and the
58 remaining funds shall be transferred to the General Revenue
59 Fund.
60 ~+et For the 2021-2022 fiscal year and each fiscal year
61 thereafter, 50 percent of the funds shall be transferred to the
62 State Economic Enhancement and Economic Development Trust Fund
63 within the Department of Economic Opportunity for use by the
64 Florida Office of Broadband as provided ins. 364.0136, and a-±±
65 ~ the remaining funds shall be retained in the State
66 Transportation Trust Fund.
67 Section 2. Subsection (2) of section 339.0801, Florida
68 Statutes, is amended to read:
69 339.0801 Allocation of increased revenues derived from
70 amendments to s. 319.32(5) (a) by ch. 2012-128.-Funds that result
71 from increased revenues to the State Transportation Trust Fund
72 derived from the amendments to s. 319.32 (5) (a) made by chapter
73 2012-128, Laws of Florida this act must be used annually, first
74 as set forth in subsection (1) and then as set forth in
75 subsections (2)-(5), notwithstanding any other provision of law:
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76 (2) (a) For each of the 2019-2020, 2020-2021, and 2021-2022
77 fiscal years, $35 million shall be transferred to Florida's
78 Turnpike Enterprise, to be used in accordance with Florida
79 Turnpike Enterprise Law, to the maximum extent feasible for
80 feeder roads, structures, interchanges, appurtenances, and other
81 rights to create or facilitate access to the existing turnpike
82 system.
83 (b) Beginning with the 2022-2023 fiscal year and annually
84 thereafter, $35 million shall be transferred to Florida's
85 Turnpike Enterprise, to be used in accordance withs. 338.2278,
86 with preference to feeder roads, interchanges, and appurtenances
87 that create or facilitate multiuse corridor access and
88 connectivity. Of those funds, and to the maximum extent
89 feasible, up to $5 million annually may be used for projects
90 that assist in the development of broadband infrastructure
91 within or adjacent to a multiuse corridor. The department shall
92 give priority consideration to broadband infrastructure projects
93 located in any area designated as a rural area of opportunity
94 under s. 288.0656 and adjacent to a multiuse corridor. The
95 department shall consult with the Florida Office of Broadband
96 within the Department of Economic Opportunity to ensure that the
97 broadband infrastructure projects are consistent with the
98 strategic plan required bys. 364.0135.
99 Section 3. Subsection (2) of section 364.02, Florida
100 Statutes, is amended to read:
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101 364.02 Definitions.-As used in this chapter, the term:
102 ( 2) "Broadband service", except when used in ss. 3 64. 0135
103 and 364.0136, means any service that consists of or includes the
104 offering of the capability to transmit or receive information at
105 a rate that is not less than 200 kilobits per second and either:
106 (a) Is used to provide access to the Internet; or
107 (b) Provides computer processing, information storage,
108 information content, or protocol conversion in combination with
109 the service.
110
111 The definition of broadband service does not include any
112 intrastate telecommunications services that have been tariffed
113 with the commission on or before January 1, 2005.
114 Section 4. Subsection (2) and paragraph (c) of subsection
115 (4) of section 364.0135, Florida Statutes, are amended and
116 paragraph (e) is added to subsection (4) and paragraph (d) is
117 added to subsection (5) of that section, to read:
118 364.0135 Promotion of broadband adoption; Florida Office
119 of Broadband.-
120 (2) DEFINITIONS.-As used in this section ands. 364.0136,
121 the term:
122 (a) "Broadband Internet service" means any service that
123 provides access to the Internet with a capacity for transmission
124 at a consistent speed of at least 25 megabits per second
125 dow nload and 3 me g abits per second upload.
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126 (b)-f-a+ "Department" means the Department of Economic
127 Opportunity .
128 ~-tat- "Office" means the Florida Office of Broadband.
129 (d)-f-e+- "Sustainable adoption" means the ability for
130 communications service providers to offer broadband Internet
131 services in all areas of the state by encouraging adoption and
132 utilization levels that allow for these services to be offered
133 in the free market absent the need for governmental subsidy.
134 J...§.1-f-El+- "Underserved" means a geographic area of the state
135 without access to Internet service with a connection speed of at
136 least 25 megabits per second download and 3 megabits per second
137 upload in which there is ne provider of broadl9and Internet
138 service that offers a connection to the Internet \Jith a capacity
139 for transmission at a consistent speed of at least 10 megabits
140 per second do,,nstrcam and at least 1 megabit per second
141 upstream.
142 (f) "Unserved" means a geographic area of the state
143 without access to Internet service with a connection speed of at
144 least 10 megabits per second download and 1 megabit per second
145 upload.
146 (4) FLORIDA OFFICE OF BROADBAND.-The Florida Office of
147 Broadband is created within the Division of Community
148 Development in the department for the purpose of developing,
149 marketing, and promoting broadband Internet services in the
150 state. The office, in the performance of its duties, shall do
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151 all of the following:
152 (c) Encourage the use of broadband Internet service,
153 especially in the rural, unserved, or underserved communities of
154 the state through grant programs having effective strategies to
155 facilitate the statewide deployment of broadband Internet
156 service. For any grants to be awarded, priority must be given to
157 projects that:
158 1. Provide access to broadband education, awareness,
159 training, access, equipment, and support to libraries, schools,
160 colleges and universities, health care providers, and community
161 support organizations.
162 2. Encourage the sustainable adoption of broadband in
163 primarily unserved and underserved areas by removing barriers to
164 entry.
165 3. Work toward encouraging investments in establishing
166 affordable and sustainable broadband Internet service in
167 unserved and underserved areas of the state.
168 4. Facilitate the development of applications, programs,
169 and services, including, but not limited to, telework,
170 telemedicine, and e-learning to increase the usage of, and
171 demand for, broadband Internet service in the state.
172 (e) Administer the Broadband Opportunity Program
173 established ins. 364.0136.
174 (5) ADMINISTRATION.-The department may:
175 (d) Adopt rules to implement this section ands. 364.0136.
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176 Section 5. Section 364.0136, Florida Statutes, is created
177 to read:
178 364.0136 Broadband Opportunity Program.-
179 (1) The Broadband Opportunit y Program is established
180 within the office to award grants to applicants who seek to
181 expand access to broadband Internet service in unserved and
182 underserved areas of the state. The office must administer and
183 act as fiscal agent for the program and is responsible for
184 receiving and reviewing applications and awarding grants.
185 Funding for the program shall be as provided ins.
186 338. 2278 (7) (c).
187 (2) Grants awarded under this section shall fund the
188 installation and deployment of infrastructure that supports the
189 provision of broadband Internet service.
190 (3) Applicants eligible for grant awards include:
191 (a) Corporations, nonprofit corporations, limited
192 liability companies, general partnerships, and limited
193 partnerships, that are organized under the laws of the state or
194 otherwise authorized to transact business in the state.
195 (b) Political subdivisions.
196 (c) Rural electric cooperatives organized under chapter
197 425 and their broadband affiliates .
198 (d) Indian tribes.
199 (4) An eligible applicant shall submit a grant application
200 to the office on a form prescribed by the office. A grant
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201 application must include the following information:
202 (a) A description of the project area.
203 (b) A description of the kind and amount of broadband
204 Internet service infrastructure that is proposed to be deployed.
205 (c) Evidence demonstrating the unserved or underserved
206 nature of the project area.
207 (d) The number of households and businesses that would
208 have new access to broadband Internet service, or that would
209 have upgraded broadband Internet service as a result of the
210 grant.
211 (e) A list of significant community institutions that
212 would benefit from the grant.
213 (f) The total cost of the project and the timeframe in
214 which it would be completed.
215 (g) A list identifying sources of funding or in-kind
216 contributions that wou l d suppleme nt any awarded grant.
217 (h) Any other information required by the office.
218 (5) (a) At least 30 days before the first day grant
219 applications may be submitted each fiscal year, the office shall
220 publish on its website the specific criteria and quantitative
221 scoring system it will use to evaluate or rank applications and
222 award grants under subsection (6). Such criteria and
223 quantitative scoring system must include the criteria set forth
224 in subsection (6).
225 (b) Within 3 business days after the close of the grant
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226 application process, the office shall publish on its website,
227 from each application submitted, the proposed unserved and
228 underserved areas to be served and the proposed broadband
229 Internet speeds of the areas to be served.
230 (c) A broadband Internet service provider that provides
231 existing service in or adjacent to a proposed project area may
232 submit to the office, with in 45 days after publication of the
233 information under paragraph (b), a written challenge to an
234 application. The challenge shall contain information
235 demonstrating that:
236 1. The provider currently provides broadband Internet
237 service to retail customers within the proposed project area;
238 2. The provider has begun construction to provide
239 broadband Internet service to retail customers within the
240 proposed project area; or
241 3. The provider commits to providing broadband Internet
242 service to retail customers within the proposed p ro j ect area
243 within the timeframe proposed by the applicant .
244 (d) Within 3 business days after the submission of a
245 written challenge, the office shall notify the applicant, in
246 writing, of the challenge.
247 (e) The office shall evaluate each challenge submitted
248 under this subsection. If the office determines that the
249 provider currently provides, has begun construction to provide,
250 or commits to p r ovide broadband internet service in the proposed
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251 project area, the office may not fund the challenged project.
252 (f) If the office denies funding to an applicant as a
253 result of a broadband Internet service provider's challenge and
254 the provider does not fulfill its commitment to provide
255 broadband Internet service in the unserved or underserved area,
256 the office may not consider another challenge from the provider
257 for the next cycle, unless the office determines the failure to
258 fulfill the commitment was due to circumstances beyond
259 provider's control.
260 ( 6) (a) In evaluating grant applications and awarding
261 g rants, the office must g ive p riorit y to a pp lications prop-o sing
262 to serve areas identified by the office as unserved.
263 (b) In evaluating grant applications and awarding grants,
264 the office may give priority to applications that:
265 1. Proposed to serve areas identified by the office as
266 underserved;
267 2. Offer new or substantially upgraded broadband Internet
268 service to important community institutions including, but not
269 limited to, libraries, educational institutions, public safety
270 facilities, and healthcare facilities;
271 3. Facilitate the use of telemedicine and electronic
272 health records;
273 4. Serve economically distressed areas of the state, as
274 measured by indices of unemployment, poverty, or population loss
275 that are significantly greater than the state wide average ;
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276 5. Provide for scalability to transmission speeds of at
277 least 100 megabits per second download and 10 megabits per
278 second upload;
279 6. Include a component to actively promote the adoption of
280 the newly available broadband Internet services in the
281 community;
282 7. Provide evidence of strong support for the project from
283 c i tizens , governme nt, businesses, and institutions in the
284 community;
285 8. Provide access to broadband Internet service to the
286 g reatest number of unserved or underserved households and
287 businesses;
288 9. Leverage greater amounts of funding for the project
289 from other private and public sources; or
290 10. Demonstrate consistency with the strategic plan
291 adopted under s. 364.0135.
292 (c) The office must endeavor to award grants to qualified
293 applicants in all regions of the state.
294 (7) (a) The office may not award any grant to an otherwise
295 eli g ible g rant a pp licant to p rovide broadband Internet service
296 in a project area for which any other federal funding has been
297 awarded.
298 (b) A grant awarded under this section may not be used to
299 serve an y retail end user that alread y has access to broadband
300 Internet service .
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301 (c) A grant awarded under this section, when combined with
302 an y state or local funds, ma y not fund more than 50 p ercent of
303 the total cost of a project.
304 (d) A single project may not be awarded a grant in excess
305 of $5 million.
306 (8) For each grant awarded, the office shall enter into an
307 agreement with applicant. The agreement must specify the total
308 amount of t he gr ant, performance conditions that must be met to
309 obtain the grant, the schedule of payment, and sanctions that
310 would apply for failure to meet performance conditions,
311 including, but not limited to, requiring the return of grant
312 funds.
313 (9) By January 1, 2023, and each year thereafter, the
314 office shall publish on its website and provide to the Governor,
315 the President of the Senate, and the Speaker of the House of
316 Representatives:
317 (a) A list of all grant applications received during the
318 previous year and for each application:
319 1. The results of any quantitative weighting or scoring
320 system the office used to award grants or rank the applications.
321 2. The grant amount requested.
322 3. The grant amount awarded, if any.
323 4. A report on the progress of each grant recipient in
324 acquiring and installing infrastructure that supports the
325 provision of broadband Internet service in the project areas for
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326 which the grant was awarded and in securing adoption of such
327 serv ice in e a c h project area .
328 (b ) All written challen ge s during the p revious year .
329 Section 6. This act shall take effect July 1, 2021.
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TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE
HB 753 by Rep. Clemons
BROADBAND INTERNET DEPLOYMENT
AMENDMENT SUMMARY
MARCH 3, 2021
Amendment 1 by Rep. Clemons (# 269581)
• Creates a new part of chapter 288, F.S., and moves the following into this new
part:
o The existing statutory section related to the Florida Office of Broadband.
o The provisions of the bill that create the Broadband Opportunity Program.
• Adds the new term "deployed," for purposes of determining whether or not
broadband Internet service is already available in a specific geographic area.
• Eliminates the term "underserved" but retains the term "unserved" to refer to any
area without access to broadband Internet service.
• Prohibits state funds from being used to provide service to places where service
has already been deployed from at least one provider.
• Prohibits grants being awarded to governmental entities, rural electric
cooperatives, or educational institutions unless other broadband Internet service
providers have not deployed services· to an unserved area.
• Expands from one grant cycle to two grant cycles that the Office of Broadband
may not consider another challenge from a provider if it does not fulfill its
commitment to provide broadband Internet service.
• Makes other technical and conforming changes.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 753 (2021)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Tourism, Infrastructure &
2 Energy Subcommittee
3 Representative Clemons offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Part XV of chapter 288, Florida Statutes,
8 consisti ng of sections 288.9961 and 288.9962 is created and
9 entitled "Florida Office of Broadband."
10 Section 2. Section 364.0135, Florida Statutes, is
11 renumbered ass. 288.9961, Florida Statutes, and amended to
12 read:
13 288.9961 364.0135 Promotion of broadband adoption; Florida
14 Office of Broadband.-
15 (1) LEGISLATIVE FINDINGS.-The Legislature finds that the
16 sustainable adoption of broadband Internet service is critical
269581 - h0753-strike.docx
Publis~ed On: 3/2/2021 3:06:03 PM
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 753 (2021)
Amendment No. 1
17 to the economic and business development of this -E-l=re state and
18 is beneficial for libraries, schools, colleges and universities,
19 health care providers, and community organizations.
20 (2) DEFINITIONS.-As used in this part section, the term:
21 (a) "Broadband Internet service" means any service that
22 provides access to the Internet with a capacity for transmission
23 at a consistent speed of at least 25 megabits per second
24 down l oad and 3 megabits per second upload.
25 ill+a+ "Department" means the Department of Economic
26 Opportunity.
27 (c) "Deployed" means that a provider meets either of the
28 following:
29 1. Currently provides broadband Internet service in a
30 specific geographic area; or
31 2. Is able to provide broadband Internet service in a
32 specific geographic area to a customer that requests that
33 service not later than 30 da ys after the customer requests
34 installation of that service and without an extraordinary
35 commitment of resources or construction charges or fees
36 excee d i ng an ordi nary servi ce activation fee. The 30-day time
37 per i od shal l be extended to 60 days if permits are needed before
38 the broadband Internet service is installed and activated.
39 ill-fe+- "Office" means the Florida Office of Broadband.
40 M-te+ "Sustainable adoption" means the ability for
41 communications service providers to offer broadband Internet
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42 services in all areas of this 4:-fte state by encouraging adoption
43 and utilization levels that allow for these services to be
44 offered in the free market absent the need for governmental
45 subsidy.
46 (d) "Undersenrnd" means a geographic area of the state in
47 which there is no provider of broadband Internet service that
48 offers a connection to the Internet with a capacity for
49 transmission at a consistent speed of at least 10 megabits per
50 second downstream and at least 1 ffiegabit per second upstream.
51 (f) "Unserved" means a geographic area of the state where
52 broadband Internet service is not deployed.
53 (3) STATE AGENCY.-The department is designated as the lead
54 state agency to facilitate the expansion of broadband Internet
55 service in this 4:-fte state. The department shall work
56 collaboratively with private businesses and receive staffing
57 support and other resources from Enterprise Florida, Inc., state
58 agencies, local governments, and community organizations.
59 (4) FLORIDA OFFICE OF BROADBAND.-The Florida Office of
60 Broadband is created within the Division of Community
61 Development in the department for the purpose of developing,
62 marketing, and promoting broadband Internet services in this 4:-fte
63 state. The office, in the performance of its duties, shall do
64 all of the following:
65 (a) Create a strategic plan that has goals and strategies
66 for increasing the use of broadband Internet service in this 4:-fte
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67 state. The plan must include a process to review and verify
68 public input regarding transmission speeds and availability of
69 broadband Internet service throughout the state.
70 (b) Build and facilitate local technology planning teams
71 or partnerships with members representing cross-sections of the
72 community, which may include, but are not limited to,
73 representatives from the following organizations and industries:
74 libraries, K-12 education, colleges and universities, local
75 health care providers, private businesses, community
76 organizations, economic development organizations, local
77 governments, tourism, parks and recreation, and agriculture.
78 (c) Encourage the use of broadband Internet service,
79 especially in the rural orT unserved, or undcrscrvcd communities
80 of the state through grant programs having effective strategies
81 to facilitate the statewide deployment of broadband Internet
82 service. For any grants to be awarded, priority must be given to
83 projects that:
84 1. Provide access to broadband education, awareness,
85 training, access, equipment, and support to libraries, schools,
86 colleges and universities, health care providers, and community
87 support organizations.
88 2. Encourage the sustainable adoption of broadband
89 Internet service in primarily unserved undcrscrved areas by
90 removing barriers to entry.
91 3. Work toward encouraging investments in establishing
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92 affordable and sustainable broadband Internet service in
93 unserved llnderserved areas of t h i s ~ state.
94 4. Facilitate the development of applications, programs,
95 and services, including, but not limited to, telework,
96 telemedicine, and e-learning to increase the usage of, and
97 demand for, broadband Internet service in t h i s ~ state.
98 (d) Monitor, participate in, and provide input in
99 proceedings of the Federal Communications Commission and other
100 federal agencies related to the geographic availability and
101 deployment of broadband Internet service in the state as
102 necessary to ensure that this information is accurately
103 presented and that rural or 7 unserved, and underoerved areas of
104 the state are best positioned to benefit from federal and state
105 broadband deployment programs.
106 (e) Administer the Broadband Opportunity Program
107 established ins. 288.9962.
108 (5) ADMINISTRATION.-The department may:
109 (a) Apply for and accept federal funds for purposes of
110 this section.
111 (b) Enter into contracts necessary or useful to carry out
112 the purposes of this section.
113 (c) Establish any committee or workgroup to administer and
114 carry out the purposes of this section.
115 (d) Adopt rules to implement this part.
116 Section 3. Section 288.9962, Florida Statutes, is created
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117 to read:
118 288.9962 Broadband Opportunity Program.-
119 (1) The Broadband Opportunity Program is established
120 within the office to award grants to applicants who seek to
121 expand broadband Internet service to unserved areas of this
122 state. The office must administer and act as fiscal agent for
123 the program and is responsible for receiving and reviewing
124 applications and awarding grants. Funding for the program shall
125 be as provided in s. 338.2278 (7) (c), F.S.
126 (2) Grants awarded under this section shall fund the
127 installation or deplo yment of infrastructure that supports the
128 provision of broadband Internet service. State funds may not be
129 used to provide broadband Internet service to a geographic area
130 where broadband Internet service is already deployed by at least
131 one provider.
132 (3) Applicants eligible for grant awards include:
133 (a) CorporationsJ nonprofit corporations, limited
134 liability companies, general partnerships, and limited
135 pa rtnershi ps that are organized under the laws of this state or
136 otherwise authorized to transact business in this state.
137 (b) Political subdivisions.
138 (c ) Rural electric coop eratives org anized under cha p ter
139 425 and their broadband affiliates.
140 (d) Indian Tribes.
141 ( 4 ) The office ma y not award, directly or indirectly,
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142 grants under this section to a governmental entity, a rural
143 electric cooperative or affiliate, or educational institution or
144 affiliate to provide Broadband Internet service to any
145 residential or commercial premises, unless other broadband
146 Internet service providers have not deployed service to an
147 unserved area.
148 (5) An eligible applicant shall submit a grant application
149 to the office on a form prescribed by the office. A grant
150 application must include the following information:
151 (a) A d escription of the project area.
152 (b) A description of the kind and amount of broadband
153 Internet service infrastructure that is proposed.
154 (c ) Evidence demonstratin g the unserved nature of the
155 project area.
156 (d) The number of households and businesses that would
157 have access to broadband Internet service as a result of the
158 grant.
159 (e) A list of significant community institutions that
160 would benefit from the grant.
161 (f) The total cost of the project and the timeframe in
162 which it would be completed.
163 (g) A list identifying sources of funding or in-kind
164 contributions that would supplement any a warded gr an t .
165 (h) Any other information required by the office.
166 ( 6) (a) At least 3 0 days before the first day grant
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167 applications may be submitted each fiscal year, the office shall
168 publish on its website the specific criteria and quantitative
169 scoring system it will use to evaluate or rank grant
170 applications. Such criteria and quantitative scoring system must
171 include the criteria set forth in subsection (8).
172 (b) Within 3 business days after the close of the grant
173 application process, the office shall publish on its website,
174 from each grant application submitted, the proposed unserved
17 5 areas to be served and the pro posed broadband Internet speeds of
17 6 the areas to be served.
177 (c) A broadband Internet service provider that provides
178 existing service in or adjacent to a proposed project area may
17 9 submit to the office, within 45 days after publication of the
180 information under paragraph (b), a written challenge to an
181 application. The challenge shall contain information
182 demonstrating that:
183 1. The provider currently has deployed broadband Internet
184 service to retail customers within the project area;
185 2. Th e pro v ider has begun construction to provide
186 broadband Internet service to retail customers within the
187 proposed project area within the timeframe proposed bv the
188 applicant; or
189 3. The provider commits to providing broadband Internet
190 service to retail customers within the proposed pro j ect area
191 within the timeframe proposed by the applicant.
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192 (d) Within 3 business days after the submission of a
193 written challenge, the office shall notify the applicant, in
194 writing, of the challenge.
195 (e) The office shall evaluate each challenge submitted
196 under this subsection. If the office determines that the
197 provider currently has deployed, has begun construction to
198 provide, or commits to provide broadband Internet service in the
199 proposed project area, the office may not fund the challenged
200 project.
201 (f) If the office denies funding to an applicant as a
202 result of a broadband Internet service provider's challenge and
203 the provider does not fulfill its commitment to provide
204 broadband Internet service in the unserved area, the office may
205 not consider another challenge from the provider for the next
206 two grant cycles, unless the office determines that the failure
207 to fulfill the commitment was due to circumstances beyond the
208 provider's control.
209 ( 8) (a) In evaluating grant applications and awarding
210 grants, the office must give priority to applications that:
211 1. Offer broadband Internet service to important community
212 institutions includ in g, but not limited to, libraries,
213 educational institutions, public safety facilities, and
214 healthcare facilities;
215 2. Facilitate the use of telemedicine and electronic
216 health records;
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217 3. Serve economically distr essed areas of the state, as
218 measured by indices of unemployment, poverty, or population loss
219 that are significantly greater than the statewide average;
220 4. Provide for scalability to transmission speeds of at
221 least 100 megabits per second download and 10 megabits per
222 second upload;
223 5. Include a component to actively promote the adoption of
224 the newly available broadband Internet service in the community;
225 6. Provide evidence of strong support for the project from
226 citizens, g overnment, businesses, and institutions in the
227 community;
228 7. Provide access to broadband Internet service to the
229 g reatest number of unserved households and businesses;
230 8. Leverage greater amounts of funding for a project from
231 private sources; or
232 9. Demonstrate consistency with the strategic plan adopted
233 under s. 288.9961.
234 (b) The office must endeavor to award grants to qualified
235 applications of all regions of the state.
236 (9) (a) The office may not awa rd any grant to an otherwise
237 eligible g rant applicant to provide broadband Internet service
238 in a project area for which any other federal funding has been
239 awarded .
240 (b) A grant aw arded under this section may not be used to
241 serve any retail end user that already has access to broadband
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242 Internet service.
243 (c) A grant awarded under this section, when combined with
244 any state or local funds, may not fund more than 50 percent of
245 the total cost of a project.
246 (d) A single project may not be awarded a grant in excess
247 of $5 million.
248 (10) For each grant awarded, the office shall enter into
249 an agreement with the applicant. The agreement must specify the
250 total amount of the grant, performance conditions that must be
251 met to obtain the grant, the schedule of payment, and sanctions
252 that would apply for failure to meet performance conditions,
253 including, but not limited to, requiring the return of grant
254 funds.
255 (11 ) By January 1, 2023, and each year thereafter, the
256 office shall publish on its website and provide to the Governor,
257 the President of the Senate, and the Speaker of the House of
258 Representatives:
259 (a) A list of all grant applications received during the
260 previous fiscal year and for each application:
261 1. The results of any quantitative weighting or scoring
262 system the office used to award grants or rank the applications.
263 2. The grant amounts requested.
264 3. The grant amounts awarded, if any.
265 4. A report on the progress of each grant recipient in
266 acquiring and installing infrastructure that supports the
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267 provision of broadband Internet service in the project areas for
268 which that grant was awarded and in securing adoption of such
269 service in each project area.
270 (b) All written challenges filed during the previous year
271 and the results of those challenges.
272 Section 4. Subsection (7) of section 338.2278, Florida
273 Statutes, is amended to read:
274 338.2278 Multi-use Corridors of Regional Economic
275 Significance Program.-
276 (7) Funds that result from increased revenues to the State
277 Transportation Trust Fund derived from the amendments to s.
278 320.08 made by chapter 2019-43, Laws of Florida, this act and
279 deposited into the fund pursuant to s. 320.20(5) (a) must be used
280 as follows:
281 (a) For the 2019 2D20 fiscal year, $4§ million shall be
282 retained in the State Transportation Trust Fund, and the
283 remaining funds shall be transferred to the General Revenue
284 Fund.
285 -fbt For the 2020-2021 fiscal year, $90 million shall be
286 retained in the State Transportation Trust Fund, and the
287 remaining funds shall be transferred to the General Revenue
288 Fund.
289 J..Ql_-f-et For the 2021-2022 fiscal year and each fiscal year
290 thereafter, 50 percent of the funds shall be transferred to the
291 State Economic Enhancement and Economic Development Trust Fund
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292 within the Department of Economic Opportunity for use by the
293 Florida Office of Broadband as provided ins. 288.9961 and a±±
294 e.f. the remaining funds shall be retained in the State
295 Transportation Trust Fund.
296 Section 5. Paragraph (b) of subsection (2) of section
2 97 339.0801, Florida Statutes, is amended to read:
298 339.0801 Allocation of increased revenues derived from
299 amendments to s. 319.32(5) (a) by ch. 2012-128.-Funds that result
300 from increased revenues to the State Transportation Trust Fund
301 derived from the amendments to s. 319. 32 ( 5) (a) made by this act
302 must be used annually, first as set forth in subsection (1) and
303 then as set forth in subsections (2)-(5), notwithstanding any
304 other provision of law:
305 (2)
306 (b) Beginning with the 2022-2023 fiscal year and annually
307 thereafter, $35 million shall be transferred to Florida's
308 Turnpike Enterprise, to be used in accordance withs. 338.2278,
309 with preference to feeder roads, interchanges, and appurtenances
310 that create or facilitate multiuse corridor access and
311 connectivity. Of those funds, and to the maximum extent
312 feasible, up to $5 million annually may be used for projects
313 that assist in the development of broadband infrastructure
314 within or adjacent to a multiuse corridor. The department shall
315 give priority consideration to broadband infrastructure projects
316 located in any area designated as a rural area of opportunity
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317 under s. 288.0656 and adjacent to a multiuse corridor. The
318 department shall consult with the Florida Office of Broadband
319 within the Department of Economic Opportunity to ensure that the
320 broadband infrastructure projects are consistent with the
321 strategic plan required bys. 288.9961.
322 Section 6. This act shall take effect July 1, 2021.
323
324
325 TITLE AMENDMENT
326 Remove everything before the enacting clause and insert:
327 An act relating to broadband Internet deployment; creating pt.
328 XV of ch. 288, F.S.; relating to the Florida Office of
329 Broadband; renumbering and amending s. 364.0135, F.S.; revising
330 and providing definitions relating to broadband Internet
331 service; revising duties of the Florida Office of Broadband;
332 providing rulemaking authority; creating s. 288.9962, F.S.;
333 establishing the Broadband Opportunity Program within the
334 Department of Economic Opportunity; providing for administration
335 of the program; providing requirements for grant awards;
336 providing for eligibility; providing application requirements;
337 requiring the publication of certain information related to
338 grant applications and grant awards on a website; authorizing
339 grant applications to be challenged under certain circumstances;
340 providing procedures to be used by the office in evaluating
341 challenges; providing direction for the office in prioritizing
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342 funding grants; requiring that office to enter into an agreement
343 containing specified information with each grant recipient;
344 requiring the office to publish a specified report annually on
345 its website; requiring a report to the Governor and Legislature
346 with specified information; amending s. 338.2278, F.S.;
347 providing for the transfer of certain funds from the State
348 Transportation Trust Fund to the State Economic Enhancement and
349 Economic Development Trust Fund within the Department of
350 Economic Opportunity; providing for the use of such funds by the
351 Florida Office of Broadband; amending s. 339.0801, F.S.;
352 requiring the Department of Transportation to consult with the
353 Florida Office of Broadband to ensure that specified projects
354 are consistent with a strategic plan; providing an effective
355 date.
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I
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 839 State Preemption of Energy Infrastructure Regulation
SPONSOR($): Fabricio
TIED BILLS: IDEN./SIM. BILLS: SB 856
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee Willson li ""-J Keating
2) Local Administration & Veterans Affairs
Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
Municipalities and counties derive broad home rule authority from the Florida Constitution and general law.
Special districts are separate local governmental entities that exist for specific purposes. General law
authorizes local governments to regulate a variety of matters related to energy infrastructure, including the
ability to own and operate their own energy infrastructure.
Local governments have broad authority to legislate on any matter that is not inconsistent with federal or state
law. A local government enactment may be inconsistent with state law if (1) the Legislature has preempted a
particular subject area or (2) the local enactment conflicts with a state statute. Where state preemption applies
it precludes a local government from exercising authority in that particular area.
The bill prohibits local governments from implementing any law, ordinance, regulation, policy, or resolution that
prohibits, restricts, or requires, or that has the effect of prohibiting, restricting, or requiring, the construction of
new energy infrastructure or the expansion, upgrading, or repair of existing energy infrastructure, or imposing
any requirement regulating energy infrastructure that is more stringent than state law or DEP rule.
Additionally, the bill expressly preempts the regulation of energy infrastructure to the state, and specifies that
any existing or future law, ordinance, regulation, policy, or resolution that is contrary to the preemption is void.
The bill defines "energy infrastructure" as "infrastructure supporting the production, importation, storage, and
distribution of natural gas, petroleum, petroleum products, electricity, renewable fuels, solar energy, wind
energy, biomass energy, hydrogen energy, and geothermal energy."
The fiscal impact of the bill is indeterminate. See Fiscal Comments Section.
The bill provides an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Local Government Powers 1
Article VIII of the Florida Constitution establishes the authority for home rule by counties and
municipalities in Florida. The Legislature is required to divide the state into counties 2 and has the
authority to choose to create municipalities. 3 The Florida Constitution recognizes two types of county
government in Florida: those operating under a county charter and those without a charter. Florida
currently has 67 counties. 4 County ordinances must be filed with the custodian of state records, and
take effect at the time provided by law. 5
Noncharter Counties
A county without a charter has such power of self-government as provided by general 6 or special law,
and may enact county ordinances not inconsistent with general law. 7 General law authorizes counties
"the power to carry on county government" 8 and to "perform any other acts not inconsistent with law,
which acts are in the common interest of the people of the county, and exercise all powers and
privileges not specifically prohibited by law." 9
Section 125.01, F.S., provides that the legislative and governing body of a county shall have the power
to carry on county government and that "to the extent not inconsistent with general or special law, this
power includes, among other things, the power to:"
• Prepare and enforce comprehensive plans for the development of the county.
• Establish, coordinate, and enforce zoning and such business regulations as are necessary for
the protection of the public.
• Establish and administer programs of housing, slum clearance, community redevelopment,
conservation, flood and beach erosion control, air pollution control, and navigation and drainage
and cooperate with governmental agencies and private enterprises in the development and
operation of such programs.
• Establish, merge or abolish municipal service taxing or benefit units for any part or all of the
unincorporated area of the county, within which may be provided a number of essential facilities
and municipal services from funds derived from service charges, special assessments, or taxes.
• Levy and collect taxes and special assessments; borrow and expend money; and issue bonds,
revenue certificates, and other obligations of indebtedness.
• Adopt ordinances and resolutions necessary for the exercise of its powers and prescribe fines
and penalties for the violation of ordinances in accordance with law.
• Enforce the Florida Building Code, and adopt and enforce local technical amendments thereto.
1 See generally Florida House of Representatives, Local Government Formation Manual 2018-2020, Chapter I.
2
FLA. CONST. art. VIII, s. l(a).
3
FLA. CONST. art. VIII, s. 2(a).
4
See Local Government Fonnation Manual 2018-2020, Appendix B for a list of these counties and their dates of incorporation.
5
FLA. CONST. art. VIII, s. 2(i).
6
ch. 125, Part I, F.S.
7
FLA. CONST. art. VIII, s. l(t).
8
S. 125.01(1), F.S.
9
S. 125.0l(l)(w), F.S.
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Section 125.01, F.S., also provides:
• The enumeration of powers herein may not be deemed exclusive or restrictive, but is deemed to
incorporate all implied powers necessary or incident to carrying out such powers enumerated.
• The provisions of this section shall be liberally construed in order to effectively carry out the
purpose of this section and to secure for the counties the broad exercise of home rule powers
authorized by the State Constitution.
The governing body of a county also has the power to establish, and subsequently merge or abolish,
dependent special districts including both incorporated and unincorporated areas.
This delegation of home rule power to noncharter counties is broad. 10 Nevertheless, it is a legislative,
not a constitutional, grant of home rule power, and as such is subject to legislative regulation through
law in the same manner as is a municipality. 11
Noncharter counties must organize their governing body either in the traditional commission form or the
commission-administrator form of county government, which may be enacted by county ordinance. 12 If
an ordinance enacted by a noncharter county conflicts with a municipal ordinance, the county
ordinance is not effective within the municipality to the extent of the conflict. 13
Charter Counties
Pursuant either to general 14 or special law, a county government may be adopted by charter approved
by the county voters. A county with a charter has all powers of self-government not inconsistent with
general law or special law approved by the county voters. The governing body of a county operating
under a charter may enact county ordinances not inconsistent with general law. In the event of a
conflict between a county and municipal ordinance, the charter must provide which ordinance
prevails. 15
Article VIII, section 6(e) of the Florida Constitution incorporates by reference sections of the 1885
Constitution, providing unique authorization 16 for specific home rule charters including those of Duval 17
and Miami-Dade Counties. 18 Currently, 20 Florida counties have adopted charters. 19
The most significant distinction between charter and non-charter county power is the constitutional
provision for direct power of self-government to a county upon charter approval, whereas a non-charter
county has "such power of self-government as is provided by general or special law." Charter counties
possess greater home rule authority than non-charter counties, as follows 20 :
10
Santa Rosa County v. Gulf Power Corp., 635 So. 2d 96 (Fla. I st DCA. 1994).
11
David G. Tucker, A Primer On Counties and Municipalities - Part 1, 81 FLA. BAR J. 49 (2007).
12
See ss. 125.01(1), 125.72, F.S.
\3 Id.
14
S. 125.60, F.S.
15
FLA. CONST. art. VIII, s. l(g).
16
Article VIII, section 6(e) of the Florida Constitution, states that specific provisions for Duval, Miami-Dade, Monroe, and Hillsborough Counties
"shall remain in full force and effect as to each county affected, as if this article had not been adopted, until that county shall expressly adopt a
charter or home rule plan pursuant to this article."
17
The consolidated government of the City of Jacksonville was created by Ch. 67-1320, Laws of Fla., adopted pursuant to article VIII, section 9 of
the 1885 Florida Constitution.
18
Dade County, now known as Miami-Dade County, has unique home rule status. Article VIII, section 11(5) of the 1885 Florida Constitution, now
incorporated by reference in article VIII, section 6(e) of the 1968 Florida Constitution, further provided the Metropolitan Dade County Home Rule
Charter, and any subsequent ordinances enacted pursuant to the charter, may conflict with, modify, or nullify any existing local, special, or general
law applicable only to Dade County. Accordingly, Miami-Dade County ordinances enacted pursuant to the Charter may implicitly, as well as
expressly, amend or repeal a special act that conflicts with a Miami-Dade County ordinance. Effectively, the Miami-Dade Charter can only be altered
through constitutional amendment, general law, or County actions approved by referendum. Chase v. Cowart, 102 So. 2d 147, 149-50 (Fla. 1958).
19
Alachua, Brevard, Broward, Charlotte, Clay, Columbia, Duval (consolidated government with the City of Jacksonville, ch. 67-1320, Laws of Fla.),
Hillsborough, Lee, Leon, Miami-Dade, Orange, Osceola, Palm Beach, Pinellas, Polk, Sarasota, Seminole, Volusia, and Wakulla Counties. Local
Government Formation Manual 2018-2020, p. 4.
20
Id. at 4.
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• A special act of the Legislature may not diminish the home rule powers of a charter county
unless the act is approved by electors in the county. 21
• A county's charter may authorize the county to regulate an activity on a countywide basis and
provide that the county regulation prevails over any conflicting municipal ordinance. 22
• A charter county may levy any tax within its jurisdiction that is authorized by general law for a
municipality unless the general law prohibits levy by a county. 23
Municipalities2 4
A municipality is a local government entity created to perform functions and provide services for the
particular benefit of the population within the municipality, in addition to those provided by the county.
The term "municipality" may be used interchangeably with the terms "town," "city," and "village."
Article VIII, section 2 of the Florida Constitution provides that municipalities "shall have governmental,
corporate and proprietary powers to enable them to conduct municipal government, perform municipal
functions and render municipal services, and may exercise any power for municipal purposes except as
otherwise provided by law. 25
Chapter 166, F.S., also known as the Municipal Home Rule Powers Act, 26 acknowledges the
constitutional grant to municipalities of governmental, corporate, and proprietary power necessary to
conduct municipal government, functions, and services. 27 Chapter 166, F.S., provides municipalities
with broad home rule powers, respecting expressed limits on municipal powers established by the
Florida Constitution, applicable laws, and county charters. 28 Pursuant to these powers, approximately
32 Florida municipalities own, operate, and control electric utilities, and 26 municipalities own, operate
and control natural gas utilities.
Currently, there are approximately 412 municipalities in Florida. 29 With the exception of Miami-Dade
County, the Legislature is authorized to establish or abolish municipalities or amend their charters by
general or special law. 30 In Miami-Dade County, the Board of County Commissioners has exclusive
authority to provide a method for establishing new municipalities and prescribing their jurisdiction and
powers. 31
Special Districts32
Special districts are separate governmental entities existing for specific purposes and having
substantial fiscal and administrative independence from general purpose governments. Special districts
have existed in the United States for over 200 years and are found in every state and the District of
Columbia.
In Florida, special districts perform a wide variety of functions, such as providing fire protection
services, delivering urban community development services, and managing water resources. Special
districts typically are funded through ad valorem taxes, special assessments, user fees, or impact fees.
The Uniform Special District Accountability Act, ch. 189, F. S., generally governs the creation and
21
FLA. CONST. art. VIII, s. l(g).
22 Id.
23
McLeod v. Orange County, 645 So. 2d 411, 413 (Fla. 1994); State ex rel. Volusia County v. Dickerson, 269 So. 2d 9, 11 (Fla. 1972).
24
See generally Local Government Formation Manual 2018-2020, Chapter 2.
25
FLA. CONST. art. VIII, s. 2(b).
26
S. 166.011, F.S.
27
Local Government Formation Manual 2018-2020, p. 16.
28
S. 166.021(4), F.S.
29
See Local Government Formation Manual 2018-2020, Appendix E for a list of these cities and their dates of incorporation.
30
Local Government Formation Manual 2018-2020, p. 15.
31
FLA. CONST. art. Vlll, s. 6(e), incorporating 1885 FLA. CONST. art. vm, s. l l(e).
32
See generally Local Government Formation Manual 2018-2020, Chapter 5.
STORAGE NAME: h0839.TIE.DOCX PAGE: 4
DATE: 3/2/2021
operations of special districts; however, other general laws may more specifically govern the operations
of certain types of special districts.
As of February 28, 2021, there are 628 active dependent33 special districts and 1, 158 active
independent special districts in Florida. 34 Community development districts are the most frequently
created form of independent special district. Other common special districts in Florida include drainage
and water control districts, fire control districts, and community redevelopment districts. 35 Currently, one
special electric district and four special natural gas districts exist in Florida. 36
Intergovernmental Utility Authorities
The Florida lnterlocal Cooperation Act of 1969 (Act) allows local governmental units to make the most
efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual
advantage. 37 The Act provides that local governmental entities may jointly exercise their powers by
entering into a contract in the form of an interlocal agreement. 38 Under such an agreement, the local
governmental units may create a separate legal or administrative entity "to provide services and
facilities in a manner and pursuant to forms of governmental organization that will accord best with
geographic, economic, population, and other factors influencing the needs and development of local
communities." 39
In 1978, the Florida Municipal Power Agency (FMPA) was created through a series of interlocal
agreements under s. 163.01, F.S., to provide wholesale power supply to municipal electric utilities.
FMPA is currently owned by 31 municipalities. 40 Through various joint power supply projects 41 , it
supplies all of the electrical power needs of 13 member utilities (referred to as "All-Requirements
Project" or "ARP" members) and some of the power needs for seven other member utilities. Through
these projects, FMPA members maintain ownership interests in various electrical power plants
throughout Florida. FMPA manages the transmission of electrical power over facilities owned by FMPA
or its ARP members. FMPA also manages a "power pool" that includes the generating resources of its
All-Requirements Project, Lakeland Electric, and Orlando Utilities Commission. 42
33
Dependent special districts are under some control by a single county or municipality, whereas independent special districts do not have any
dependent characteristics. A special district that includes more than one county is independent unless it lies wholly within the boundaries of a single
municipality.
34
Florida Department of Economic Opportunity, Division of Community Development, Special District Accountability Program, Official List of
Special Districts Online, State Totals, hltp://dca.deo.myflorida.com/fhcd/sdip/OfficialListdeo/report.cfm (last visited Feb. 28, 2021).
35
Florida Department of Economic Opportunity, Division of Community Development, Special District Accountability Program, Official List of
Special Districts Online, Special District Function Totals at hltp://www.floridaiobs.org/communily-p lanning-and-development/assistan ce-for-
govcrnments-and-organi2ations/spccial-dislric1-accounlability-program (last visited Feb. 28, 2021 ).
36
See PSC, Facts & Figures of the Florida Utility Industry
hllp://www.psc.statc.fl.us/Files/PDF/ Publ ications/Rcports/Gencral/Factsandligurcs/ April%202020.pdf (last visited Feb. 28, 2021 ).
37
S. 163.01(2), F.S.
38
S. 163.01(5), F.S.
39
S. 163.01(2), F.S.
4
° Currently, FMPA serves the following municipalities: Alachua, Bartow, Blountstown, Bushnell, Chattahoochee, Clewiston, Fort Meade, Fort
Pierce, Gainesville, Green Cove Springs, Havana, Homestead, Jacksonville Beach, Key West, Kissimmee, Lake Worth, Lakeland, Leesburg, Moore
Haven, Mount Dora, New Smyrna Beach, Newberry, Ocala, Orlando, Quincy, St. Cloud, Starke, Vero Beach, Wauchula, Williston, and Winter Park.
FLORIDA MUNICIPAL POWER AGENCY, Members, hllp://fmpacom/about/memb·ers/ (last visited Feb. 28, 2021 ).
41
Section 361.12, F.S., authorizes any electric utility, or any organization, association, or separate legal entity whose membership consists only of
electric utilities, to join with any other such entity to finance, acquire, construct, manage, operate, or own an electric power supply project for the
joint generation or transmission of electrical energy, or both. Further, section 361.13, F.S., authorizes any such entity to purchase capacity or energy,
or both, in an agreed upon quantity from any project in which the purchaser has an ownership interest.
42
FLORIDA MUNICIPAL POWER AGENCY. For a list of the projects and the cities participating in each project, see FLORIDA MUNICIPAL POWER
AGENCY, Projects, hllps://fmpa.com/power- ' upply-proiects/ (last visited Feb. 28, 2021).
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DATE: 3/2/2021
Local Government Authority to Regulate Matters Related to Energy Infrastructure
Local Regulation of Oil and Gas Exploration and Production
While cities and counties do not operate oil and gas permitting programs in Florida, some, through their
land use regulations or zoning ordinances, require special exceptions for oil and gas activities or limit
oil and gas activities to certain zoning classifications. 43 When authorizing oil and gas exploration and
production activities, local governments consider factors such as consistency with their comprehensive
plan, injuries to communities or the public welfare, and compliance with zoning ordinances. 44
In certain instances, DEP may not issue a permit without specified approval. DEP may not issue
permits to drill a gas or oil well :
• Within the corporate limits of a municipality without a resolution approving the permit from the
governing authority;45
• In tidal waters abutting or immediately adjacent to the corporate limits of a municipality or within
3 miles of such corporate limits extending from the line of mean high tide into such waters
without a resolution approving the permit from the governing authority; 46 or
• On any improved beach, located outside of an incorporated town or municipality, or at a location
in the tidal waters abutting or immediately adjacent to an improved beach, or within 3 miles of
an improved beach extending from the line of mean high tide into such tidal waters without a
resolution approving the permit from the county commission. 47
If the proposed oil or gas well is on lands owned by the Board of Trustees of the Internal Improvement
Trust Fund (BOT), it may not grant a lease for gas, oil, or mineral rights:
• Within the corporate limits of a municipality without a resolution approving the lease from the
governing authority; 48
• In tidal waters abutting or immediately adjacent to the corporate limits of a municipality or within
3 miles of such corporate limits extending from the line of mean high tide into such waters
without a resolution approving the lease from the governing authority; 49
• On any improved beach, located outside of an incorporated town or municipality, or at a location
in the tidal waters abutting or immediately adjacent to an improved beach, or within 3 miles of
an improved beach extending from the line of mean high tide into such tidal waters without a
resolution approving the lease from the county commission ;50 or
• In Florida's territorial waters in the Gulf of Mexico or Atlantic Ocean. 51
Six municipalities (Estero, Bonita Springs, Coconut Creek, Cape Coral, Dade, and Zephyrhills) and
thirteen counties (Alachua , Bay, Brevard, Broward, Citrus, Indian River, Martin, Miami-Dade, Osceola,
Pinellas, St. Lucie, Volusia, Wakulla, and Walton) have banned one or more forms of well stimulation
techniques (commonly referred to as 'fracking') by ordinance. 52 Additionally, many other counties and
43
See, e.g., Lee County's Land Development Code§§ 34-1651 and 34-145(c).
44 id.
45
S. 377.24(5), F.S.
46 S. 377.24(6), F.S.
47
S. 377.24(7), F.S.
48
S. 253.6l(l)(a), F.S.
49 S. 253.6\(l)(b), F.S.
5o S. 253.6l(l)(c), F.S.
51
S. 253.6l(l)(d), F.S.
52
Village of Estero, Ordinance No. 2015-19; Bonita Spring's Land Development Code, Chapter 4, Article VI, Division 15, Section 4-1380; Coconut
Creek's Land Development Code, Article IV, Section 13-1000; City of Cape Coral, Ordinance §3.23; City of Dade, Ordinance No. 2016-08; City of
Zephyrhills, Ordinance No. 1310-16; Alachua County's Code of Ordinances, §77.13.5 ; Bay County's Land Development Regulation, §311; Brevard
County's Code of Ordinances, §46-375; Citrus County's Code of Ordinances, §66-133 ; Indian River County's Code of Ordinances, §317 .03 ; Osceola
County's Land Development Code, §4.12.3; Broward County's Code of Ordinances, §27-193; Martin County's Code of Ordinances, §67.441;
Miami-Dade County's Code of Ordinances, §33-437; Pinellas County's Code of Ordinances, §58-489; St. Lucie County' s Code of Ordinances,
Policy 6.1.5.7; Volusia County's Code of Ordinances, §50-42; Wakulla County's Code of Ordinances, §6-34; Walton County's Code of Ordinances,
§9-156.
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cities have passed resolutions supporting various types of bans and moratoriums relating to well
stimulation techniques. 53
Other Specific Authority Related to Energy Infrastructure
Chapter 403, F.S., provides for the regulation of air and water pollution control in Florida, which entails
a variety of pollution-related directives to DEP and delegates specific authority to local governments
concerning a number of issues. 54 For example, part II of ch. 403, F.S. provides a participatory role to
local governments related to power plant and transmission line siting, 55 including a consistency
determination with local land use plans, zoning ordinances, local environmental regulations, and other
standards 56 , and part VIII of ch. 403, F.S., provides a participatory role to local governments related to
the siting of natural gas transmission pipelines. 57
Additionally, general law provides specific authority for certain local governments to:
• Prepare and enforce comprehensive plans for the development of the county. 58
• Establish, coordinate, and enforce zoning and such business regulations as are necessary for
the protection of the public. 59
• Enter into contracts with utility companies or others for the supplying by such utility companies
or others of water, electricity, or telephone service to or in connection with any project. 60
• Construct, operate and maintain gas plants and distribution systems for domestic, municipal
and industrial uses; 61 construct such other buildings and facilities as may be required to properly
and economically operate and maintain such works; 62 and make all necessary rules or
regulations governing the use, control and operation of such works; 63
• Contract with private companies for the right to construct, operate and maintain gas plants and
distribution systems for domestic, municipal and industrial uses, including the privilege or
franchise of exercising its corporate powers for such terms of years and upon such conditions
and limitations as may be deemed expedient and for the best interest of the municipality, for up
to 30 years, provided that the rates or charges to be made by the private company to the
individual users of the utility are fixed by the municipality. 64
• Provide and regulate roads, rights-of-way, and related transportation facilities. 65
• Enforce the Florida Building Code and adopt and enforce local technical amendments thereto. 66
53
See Food & Water Watch, Local Regulations Against Fracking, http://ww w.foodandwalerwatch.org/insightllocal-resolu.tions-against-
fracking/H1orida (last visited Feb. 28, 2021 ). The page shows a list of local governments that passed resolutions against fracking.
54
Section 403.021(4), F.S., declares that "local and regional air and water pollution control programs are to be supported to the extent practicable as
essential instruments to provide for a coordinated statewide program of air and water pollution prevention, abatement, and control for the securing
and maintenance of appropriate levels of air and water quality" and s. 403.061(18), F.S., directs DEP to "Encourage local units of government to
handle pollution problems within their respective jurisdictions on a cooperative basis and provide technical and consultative assistance therefor."
55
Section 403.506(3), F.S., states that "the filing of an application shall not prevent an electric utility from seeking separate licenses for facilities that
are necessary to construct the electrical power plant. Licenses, permits, or approvals issued by any state, regional, or local agency for such facilities
shall be incorporated by the department into a final certification upon completion of construction." Section 403.50665, F.S.,
56
Ss. 403.50655, F.S. 403.507(2)(a)3., F.S., 403.526(2)(a)5., F.S.
57
Section 43.9405, F.S. states that "Except as otherwise provided in this section, the exemption of a natural gas transmission pipeline under ss.
403.9401-403.9425 does not constitute an exemption for the natural gas transmission pipeline from other applicable permitting processes under other
provisions of law or local government ordinances." Additionally, s. 403 .941, F. S., provides that "Each local government in which the natural gas
transmission pipeline or natural gas transmission pipeline corridor will be located shall prepare a report as to the impact of each proposed natural gas
transmission pipeline or corridor on matters within its jurisdiction, including the consistency of the proposed natural gas transmission pipeline or
corridor with all applicable local ordinances, regulations, standards, or criteria that apply to the proposed natural gas transmission pipeline or
corridor, including local comprehensive plans, zoning regulations, land development regulations, and any applicable local environmental regulations
adopted pursuant to s. 403.182 or by other means"
58 S. 125.0l(l)(g), F.S.
59 S. 125.0l(l)(h), F.S.
60
S. 125.012(19), F.S.
61
S. 180.06(8), F.S.
62 S. 180.06(9), F.S.
63
S. 180.13,F.S.
64
S. 180.14,F.S.
65
S. 125.0l(l)(m), F.S.
66 S. 125.0l(l)(bb), F.S.
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• To adopt, revise, and amend, from time to time, appropriate ordinances, rules, and regulations
reasonably necessary to maintain air quality standards established pursuant to state and federal
law, including the federal Clean Air Act. 67
• License the use of gas and power lines in right-of-ways. 68
• Issue development permits and orders. 69
• Code enforcement. 70
lnterlocal Service Boundary Agreements71
As an alternative process for annexation, the respective governing bodies of counties, municipalities, or
independent special districts may enter into an interlocal service boundary agreement, jointly
determining how services are provided to residents and property. 72 The statute creates a more flexible
process for adjusting municipal boundaries and addresses a wider range of the effects of annexation.
The purpose is to encourage intergovernmental coordination in planning, service delivery, and
boundary adjustments and to reduce conflicts and litigation between local entities. Local governments
may develop their own process for reaching an interlocal service boundary agreement meeting certain
requirements or use the process provided in statute.
One issue that may be addressed in an interlocal service boundary agreement is identifying services
and infrastructure not currently provided by an electric utility or a natural gas transmission company
(the law does not affect territorial agreements between electric or public utilities or affect the
determination of territorial disputes by the Florida Public Service Commission).
The agreement may address other issues related to service delivery and include the transfer of
services and infrastructure, fiscal compensation to one county, municipality, or independent special
district from another local government or special district, and provide for the joint use of facilities and
colocation of services. 73 The agreement may require the municipality to send the county a report on its
planned service delivery. 74 Finally, an interlocal service boundary agreement may be valid for up to 20
years, must include a provision requiring periodic review, and must require renegotiations to begin at
least 18 months before the termination date. 75
The ability of counties and municipalities to negotiate interlocal service boundary agreements does not
impair any existing franchise agreement or contract without the consent of the franchisee or contracting
party. Local governments retain their authority to negotiate franchise agreements for the use of public
rights-of-way and providing service. 76
67
S. 125.275, F.S.
68
S. 125.42, F.S.
69
Ss. 125.022, F.S. and 166.033, F.S.
70
S. 166.0415, F.S.
71
See generally Local Government Formation Manual 2018-2020, Chapter 3, Part XII.
72
Ch. 171, part II, F.S
73 S. l 71.203(6)(g)-(h), F.S.
74
S. l 71.203(6)(i), F.S.
75
S. 171.203(12), F.S.
76
See S. 171.203(19)-(20), F.S. "This part does not impair any existing franchise agreement without the consent of the franchisee, any existing
territorial agreement between electric utilities or public utilities under chapter 366, or the jurisdiction of the Public Service Commission to resolve a
territorial dispute involving electric utilities or public utilities in accordance with s. 366.04. In addition, an interlocal agreement entered into under
this section has no effect in a proceeding before the Public Service Commission involving a territorial dispute. A municipality or county shall retain
all existing authority, if any, to negotiate a franchise agreement with any private service provider for use of public rights-of-way or the privilege of
providing a service"
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State Regulation of Energy Infrastructure
Oil and Gas Exploration and Production
The Department of Environmental Protection's (DEP) Mining and Minerals Regulation Program in the
Division of Water Resource Management (Division) oversees permitting for oil and gas drilling,
production, and exploration within Florida through its Oil and Gas Program (Program). 77 The Program's
primary responsibilities include conserving and controlling the state's oil and gas resources and
products; protecting the correlative rights of landowners, owners and producers of oil and gas
resources and products, and others interested in these resources and products; safeguarding the
health, property, and public welfare of the state's residents; and protecting the environment. 78 DEP
addresses these concerns through a system of permits and field inspections to ensure compliance.
DEP must adopt rules and issue orders to implement and enforce the Program. 79 The rules and orders
must ensure that all precautions are taken to prevent the spillage of oil or any other pollutant in all
phases of the drilling for, and extracting of, oil, gas, or other petroleum products, or during the injection
of gas into and recovery of gas from a natural gas storage reservoir. 80 DEP must adopt rules and
orders for the following purposes:
• To require the drilling, casing, and plugging of wells to be done in such a manner as to prevent
the pollution of the fresh, salt, or brackish waters or the lands of the state and to protect the
integrity of natural gas storage reservoirs;
• To prevent the alteration of the sheet flow of water in any area;
• To require that appropriate safety equipment be installed to minimize the possibility of an
escape of oil or other petroleum products in the event of accident, human error, or a natural
disaster during drilling, casing, or plugging of any well and during extraction operations;
• To require the drilling, casing, and plugging of wells to be done in such a manner as to prevent
the escape of oil or other petroleum products from one stratum to another;
• To prevent the intrusion of water into an oil or gas stratum from a separate stratum;
• To require a reasonable bond, or other form of security acceptable to the department,
conditioned upon the performance of the duty to plug properly each dry and abandoned well
and the full and complete restoration by the applicant of the area over which geophysical
exploration, drilling, or production is conducted to the similar contour and general condition in
existence prior to such operation;
• To require and carry out a reasonable program of monitoring or inspection of all drilling
operations, producing wells, or injecting wells, including regular inspections by division
personnel;
• To require the making of reports showing the location of all oil and gas wells; the making and
filing of logs; the taking and filing of directional surveys; the filing of electrical, sonic, radioactive,
and mechanical logs of oil and gas wells; if taken, the saving of cutting and cores, the cuts of
which shall be given to the Bureau of Geology; and the making of reports with respect to drilling
and production records;
• To prevent wells from being drilled, operated, or produced in such a manner as to cause injury
to neighboring leases, property, or natural gas storage reservoirs;
• To prevent the drowning by water of any stratum, or part thereof, capable of producing oil or gas
in paying quantities and to prevent the premature and irregular encroachment of water which
reduces, or tends to reduce, the total ultimate recovery of oil or gas from any pool.
• To require the operation of wells with efficient gas-oil ratio, and to fix such ratios;
• To prevent "blowouts," "caving," and "seepage;"
• To prevent fires;
77
The Oil and Gas Program is governed by part I of ch. 377, F.S., and chs. 62C-25 through 62C-30, F.A.C.
78
S. 377.06, F.S.
79 S. 377.22(2), F.S.
so Id.
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• To identify the ownership of all oil or gas wells, producing leases, refineries, tanks, plants,
structures, and storage and transportation equipment and facilities;
• To regulate the "shooting," perforating and chemical treatment of wells;
• To regulate secondary recovery methods, including the introduction of gas, air, water, or other
substance into producing formations;
• To regulate gas cycling operations;
• To regulate the storage and recovery of gas injected into natural gas storage facilities;
• To, if necessary, determine, limit, and prorate the production of oil or gas, or both, from any pool
or field in the state;
• To require certificates of clearance or tenders in connection with the transportation or delivery of
oil or gas, or any product;
• To regulate the spacing of wells and to establish drilling units;
• To prevent, so far as is practicable, reasonably avoidable drainage from each developed unit
which is not equalized by counterdrainage;
• To require that geophysical operations requiring a permit be conducted in a manner which will
minimize the impact on hydrology and biota of the area, especially environmentally sensitive
lands and coastal areas;
• To regulate aboveground crude oil storage tanks in a manner which will protect the water
resources of the state; and
• To act in a receivership capacity for fractional mineral interests for which the owners are
unknown or unlocated and to administratively designate the operator as the lessee. 81
DEP possesses the power and authority to issue permits:
• For the drilling for, exploring for, or production of oil, gas, or other petroleum products that are to
be extracted from below the surface of the land, including submerged land, only through the well
hole drilled for oil, gas, and other petroleum products. 82
• To explore for and extract minerals that are subject to extraction from the land by means other
than through a well hole. 83
• To establish natural gas storage facilities or construct wells for the injection and recovery of any
natural gas for storage in natural gas storage reservoirs. 84
DEP may not permit to drill a well in search of oil or gas:
• In Florida's territorial waters in the gulf of Mexico or Atlantic Ocean; 85
• In bays or estuaries; 86
• Within one mile of coastline; 87
• Within 1 mile of seaward boundary of any local, state, or federal park or aquatic or wildlife
preserve; 88 and
• Within 1 mile inland from Gulf, Atlantic, any bay, or any estuary 1 mile of any freshwater lake,
river, or stream unless the DEP is satisfied that the natural resources of such bodies of water
and shore areas of the state will be adequately protected in the event of accident or blowout. 89
DEP monitors and inspects drilling operations, producing wells, or injecting wells. 90 Division staff
working in the field offices inspect all permitted activities. Each permit issued by DEP must contain an
agreement that the permit holder will not prevent inspection by Division personnel at any time. 91
81 Id.
82
S. 377.242(1), F.S.
83
S. 377.242(2), F.S.
84
S. 377.242(3), F.S.
85
Ss. 377.24(9) and 377.242(l)(a)5., F.S.
86
S. 377.242(l)(a)l., F.S.
87 S. 377.242(1 )(a)2., F.S.
88
S. 377.242(l)(a)3., F.S.
8
9 S. 377.242(l)(a)4., F.S.
90
Section 377.22(2)(g), F.S.
91
Section 377.242, F.S.
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DATE: 3/2/2021
Well Stimulation ("Fracking'J
Well stimulation refers to any action taken by a well operator to increase the inherent productivity of an
oil or gas well. 92 Common examples of well stimulation treatments are hydraulic fracturing and acid
fracturing. Both hydraulic fracturing and acid fracturing involve the pressurized injection of fluids and
chemicals to create fractures within a rock formation. The fractures then allow for more oil and gas to
escape the rock formation and migrate up the well.
DEP's rules currently require an operator to notify DEP before beginning any workover operation on an
oil or gas well. 93 A workover is defined as "an operation involving a deepening, plug back, repair,
cement squeeze, perforation, hydraulic fracturing, acidizing, or other chemical treatment which is
performed in a production, disposal, or injection well in order to restore, sustain, or increase production,
disposal, or injection rates." 94 Thus, an operator performing a well stimulation need not apply for a
separate permit authorizing the well stimulation, but must only provide notification to DEP before
beginning the operation.
Florida Public Service Commission
The Florida Public Service Commission ("PSC" or "commission") is an arm of the legislative branch of
government. 95 The role of the PSC is to ensure that Florida's consumers receive some of their most
essential services - electric, natural gas, telephone, water, and wastewater - in a safe, affordable, and
reliable manner. 96 In doing so, the PSC exercises regulatory authority over utilities in one or more of
three key areas: rate base/economic regulation; competitive market oversight; and monitoring of safety,
reliability, and service issues. 97
The PSC monitors the safety and reliability of the electric power grid 98 and may order the addition or
repair of infrastructure as necessary. 99 Further, the PSC reviews application to determine the need for
certain new electrical power plants 100 and certain large transmission lines 101 as part of DEP's siting
process.
Florida Solar Energy Center
In order to develop a sound energy policy relating to incident solar energy 102 in Florida and ensure that
solar energy systems manufactured or sold within the state are effective and represent a high level of
quality, the Legislature formed the Florida Solar Energy Center (FSEC) 103 in 1976 to serve as the
state's energy research institute. 104
92
Keith B. Hall, Recent Developments in Hydraulic Fracturing Regulation and Litigation, 29 J. LAND USE & ENVTL. L. 29, 22 (2013).
93
R. 62C-29.006(1), F.A.C.
94
R. 62C-25.002(6 l ), F.A.C.
95
s. 350.001, F.S.
96
FLA. PUBLIC SERVICE COMMISSION, The PSC 's Role, http://www.psc.s1atc.n.us (last visited Feb. 26, 2021 ).
97
Id. The PSC regulated five investor-owned electric companies, eight investor-owned natural gas utilities, and 151 investor-owned water and/or
wastewater utilities. While the PSC does not fully regulate publicly owned municipal or cooperative electric utilities, the Commission does have
jurisdiction, with regard to rate structure, territorial boundaries, bulk power supply operations, and planning, over 35 municipally owned electric
systems and 18 rural electric cooperatives. The PSC has jurisdiction, with regard to territorial boundaries and safety, over 27 municipally owned
natural gas utilities and 4 gas districts, and also exercises safety authority over all electric and natural gas systems operating in the state. FLA. PUBLIC
SERVICE COMMISSION, 2020 ANNUAL REPORT 14 (2020), hl!p://www.psc.state.n .us/Files/PD ·/ l'ublications/Reports/General /Annua lreports/2020.pdf.
(last visited Feb. 28, 2021 ).
98
S. 366.04(5) & (6), F.S.
99
S. 366.05(1) & (8), F.S.
100
S. 403.519, F.S.
101
S. 403.537, F.S.
102
"Incident" in the study of physics means "the striking of a ray of light, beam of electrons, etc., on a surface;" therefore, in this instance, "incident
solar energy" means solar energy from solar rays striking a building, etc. Dictionary.com, LLC, Incidence,
hup J/www.dictionary.com/browse/incidence (last visited Feb. 28, 2021 ).
103 S. 377.705(2)(a)-(b), F.S.
104
Florida Solar Energy Center, About Us, hllp ://www.fsec.ucf.edu/cn/about/indcx.hlm (last visited Feb. 26, 2021).
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All solar energy systems manufactured or sold in Florida must meet the standards set by FSEC. 105
FSEC also accepts standards and certifications for solar thermal products from the Solar Rating &
Certification Corporation (SRCC) 106 and the International Association of Plumbing and Mechanical
Officials 107 (IAPM0). 108 In addition, the current version of the Code provides that solar energy systems
installed in Florida are required to meet certain standards. 109
Florida Department of Agriculture and Consumer Services
The Florida Department of Agriculture and Consumer Services (FDACS) is responsible for the
administration of a number of programs relating to energy infrastructure, including the Renewable
Energy and Energy-Efficient Technologies Grants Program, 110 the Energy efficiency and conservation
clearinghouse, 111 the Florida Green Government Grants Act, 112 the Natural gas fuel fleet vehicle rebate
program, 113 as well as statutory authorization to allocate federal energy conservation bonds 114 and to
post information on its website relating to alternative fueling stations or electric vehicle charging
stations that are available for public use. 115
Preemption
Local governments have broad authority to legislate on any matter that is not inconsistent with federal
or state law. A local government enactment may be inconsistent with state law if (1) the Legislature
"has preempted a particular subject area" or (2) the local enactment conflicts with a state statute.
Where state preemption applies it precludes a local government from exercising authority in that
particular area. 116
Florida law recognizes two types of preemption: express and implied. Express preemption requires a
specific legislative statement; it cannot be implied or inferred. 117 Express preemption of a field by the
105
s. 377.705(4)(d), F.S.
106
SRCC produces solar thermal standards and certifications which are widely used globally. Solar Rating & Certification Corporation, About Us -
General, hllps://so lar- rating.org/ (last visited Feb. 28, 2021 ).
107
IAPMO certifies solar thermal products for use in North America. International Association of Plumbing and Mechanical Officials, Solar Product
Certification, hllp ://www.iapmort.org/Pages/SolarCertilication.aspx (last visited Feb. 28, 2021 ).
108
Florida Solar Energy Center, Testing and Certification, ht!p://www.fscc.ucCcdu/En/ccrli frcation-tcs(ing/i ndex .htm (last visited Feb. 28, 2021 ).
109
Chapter 14 of the 5th edition of the Florida Building Code (Mechanical), Chapters 9 and 23 of the 5th edition of the Florida Building Code
(Residential), Chapter 15 of the 5th edition of the Florida Building Code (Building), and Chapter 4 of the 5th edition of the Florida Building Code
(Energy Conservation).
110
Section 377.804, F.S., is established within FDACS "to provide renewable energy matching grants for demonstration, commercialization,
research, and development projects relating to renewable energy technologies and innovative technologies that significantly increase energy
efficiency for vehicles and commercial buildings."
111
Section 377.805, F.S., states that "The Office of Energy within the Department of Agriculture and Consumer Services, in consultation with the
Public Service Commission, the Florida Building Commission, and the Florida Energy Systems Consortium, shall develop a clearinghouse of
information regarding cost savings associated with various energy efficiency and conservation measures."
112
Section 377.808, F.S., directs FDACS to "use funds specifically appropriated to award grants under this section to assist local governments,
including municipalities, counties, and school districts, in the development and implementation of programs that achieve green standards. Green
standards shall be determined by the department and shall provide for cost-efficient solutions, reducing greenhouse gas emissions, improving quality
of life, and strengthening the state's economy."
113
Section 377.810, F.S., establishes the program within FDACS "to help reduce transportation costs in this state and encourage freight mobility
investments that contribute to the economic growth of the state."
114
S. 37.816, F.S.
115
S. 377.815, F.S.
116
Wolf, The Effectiveness of Home Rule: A Preemptions and Conflict Analysis, 83 Fla. B.J. 92 (June 2009). Historically, certain types of local action
have been found to frustrate the purpose of state law, and, thus, conflict has resulted. Specifically, Florida jurisprudence makes clear that local action
cannot 1) provide for more stringent regulation than the state legislation in violation of the express wording of the statute; 2) provide for a more
stringent penalty than that allowed by state statute; 3) prohibit behavior otherwise allowed by state legislation; 4) allow behavior otherwise prohibited
by state statute; or 5) provide for a different method for doing a particular act than the method proscribed by state legislation.
Generally, a local government can pass more stringent regulations than those provided for by statute. However, if the state legislation expressly
forbids a stricter regulation or if the imposition of a stricter regulation frustrates the purpose of the statute, the local government must abstain
117
See City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006); Phantom of Clearwater, Inc. v. Pinellas County, 894 So. 2d 1011, 1018
(Fla. 2d DCA 2005), approved in Phantom of Brevard, Inc. v. Brevard County, 3 So. 3d 309 (Fla. 2008).
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Legislature must be accomplished by clear language stating that intent. 118 In cases where the
Legislature expressly or specifically preempts an area, there is no problem with ascertaining what the
Legislature intended. 119 In cases determining the validity of ordinances enacted in the face of state
preemption, the effect has been to find such ordinances null and void. 120
Effect of the Bill
The bill creates s. 377.707, F.S., relating to state preemption of energy infrastructure regulation.
The bill prohibits local governments from implementing any law, ordinance, regulation, policy, or
resolution that prohibits, restricts, or requires, or that has the effect of prohibiting, restricting, or
requiring, the construction of new energy infrastructure or the expansion, upgrading, or repair of
existing energy infrastructure, or imposing any requirement regulating energy infrastructure that is more
stringent than state law or DEP rule.
The bill expressly preempts the regulation of energy infrastructure to the state, and specifies that any
existing or future law, ordinance, regulation, policy, or resolution that is contrary to the preemption is
void.
The bill defines the term "energy infrastructure" as "infrastructure supporting the production,
importation, storage, and distribution of natural gas, petroleum, petroleum products, electricity,
renewable fuels, solar energy, wind energy, biomass energy, hydrogen energy, and geothermal
energy."
The bill provides a Legislative finding which recognizes that affordable, reliable, and sustainable energy
throughout the state is dependent upon energy infrastructure networks extending beyond local
government boundaries and recognizes the importance of consumer choice in the energy market.
B. SECTION DIRECTORY:
Section 1 Creates s. 377.707, F.S.; providing a definition; providing legislative findings; intent;
prohibiting a local government from regulating energy infrastructure; preempting such
regulation to the state;
Section 2 Provides for an effective date
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
Indeterminate. See Fiscal Comments.
2. Expenditures:
Indeterminate. See Fiscal Comments.
118
Mulligan, 934 So. 2d at 1243.
119
Sarasota Alliance for Fair Elections, Inc. v. Browning, 28 So. 3d 880,886 (Fla. 2010).
120
See, e.g., Nat'/ Rifle Ass 'n ofAm., Inc. v. City of S. Miami, 812 So.2d 504 (Fla. 3d DCA 2002).
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B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
Indeterminate. See Fiscal Comments.
2. Expenditures:
Indeterminate. See Fiscal Comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Indeterminate. See Fiscal Comments.
D. FISCAL COMMENTS:
Due to the breadth of the bill's preemption provisions, the potential fiscal impacts to government and
the direct economic impact on the private sector cannot be determined.
Ill. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
Article I, section 10 of the Florida Constitution prohibits the passage of any law which impairs the
obligation of contracts. The Florida Supreme Court has held that, relating to the interpretation of
substantive changes to statutory law, the general rule is that in the absence of clear legislative intent
to the contrary, a law affecting substantive rights, liabilities and duties is presumed to apply
prospectively but not retroactively. 121 Florida courts have also held that "Even where the Legislature
has expressly stated that a statute will have retroactive application, this Court will reject such an
application if the statute impairs a vested right, creates a new obligation, or imposes a new
penalty." 122
Current law authorizes local governments to provide and contract for certain services related to
energy infrastructure. To the extent that the bill would retroactively abrogate such authority and
impair a local government's vested rights or contractual obligations, the bill might impair a local
government's ability to satisfy a contractual obligation.
B. RULE-MAKING AUTHORITY:
None.
121
Smiley v. State, 966 So. 2d 330, 336 (Fla. 2007). See also Eric Glazer and Louis Goetz, Florida Community Association Law: Contracts Clause
Application In An Ever-Changing Legislative Landscape, Florida Bar Journal, Vol. 89, No. 8 (Sept/Oct. 2015). "In Florida, all laws are presumed to
apply prospectively, unless they are remedial in nature, or designed to clarify law already in effect, and the legislature clearly expresses its intention
that the law is to apply retroactively."
122
Menendez v. Progressive Exp. Ins. Co., Inc., 35 So.3d 873 (Fla. 20 I 0).
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C. DRAFTING ISSUES OR OTHER COMMENTS:
It is unclear whether existing state law granting local governments specific authority to regulate in the
area of energy infrastructure (as well as the local regulations stemming from such authority) would be
rendered void by the bill.
Additionally, the bill prohibits local regulations that" ... have the effect of prohibiting, restricting or
requiring, the construction of new energy infrastructure or the expansion, upgrading, or repair or
existing energy infrastructure ... " This language could have the effect of rendering void a wide array of
local regulations that only incidentally affect or are incidentally related to energy infrastructure. Due to
the breadth of this language and the variation in local government regulations, these impacts cannot be
determined.
It is unclear whether the bill would impact a local government's ability to implement ordinances or
policies related to the operation of their own electric and natural gas utility infrastructure.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
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DATE: 3/2/2021
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 839 2021
1 A bill to be entitled
2 An act relating to state preemption of energy
3 infrastructure regulation; creating s. 377.707, F.S.;
4 providing a definition; providing legislative
5 findings; intent; prohibiting a local government from
6 regulating energy infrastructure; preempting such
7 regulation to the state; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Section 377.707, Florida Statutes, is created
12 to read:
13 377.707 State preemption of energy infrastructure
14 regulation.-
15 (1 ) As used in this section, the term "energy
16 infrastructure" means infrastructure supporting the production,
17 importation, storage, and distribution of natural gas,
18 petroleum, petroleum products, electricity, renewable fuels,
19 solar energy, wind energy, biomass energy, hydrogen energy, and
20 geothermal ener gy.
21 (2) The Legislature recognizes that affordable, reliable,
22 and sustainable energy throughout the state is dependent upon
23 energy infrastructure networks extending beyond local government
24 boundaries and recognizes the importance of consumer choice in
25 the energy market.
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hb0839-00
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 839 2021
26 (3) A local government is prohibited from implementing any
27 law, ordinance, re gu lation, p olicy , or resolution that
28 prohibits, restricts, or requires, or that has the effect of
29 prohibiting, restric ting , or requiring, the construction of new
30 energy infrastructure or the expansion, upgrading, or repair of
31 existing energy infrastructure, or imposing any requirement
32 regulatinq energy infrastructure that is more stringent than
33 state law or department rule. Regulation of energy
34 infrastructure is expressly preempted to the state.
35 {4 ) Any ex isting or future law, ordinance, regulation,
36 policy, or resolution that is contrary to this section is void.
37 Section 2. This act shall take effect July 1, 2021.
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TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE
HB 839 by Rep. Fabricio
State Preemption of Energy Infrastructure Regulation
AMENDMENT SUMMARY
March 3, 2021
Amendment 1 by Rep. Fabricio (Strike-all amendment):
The strike-all amendment:
• Limits the scope of the bill to “transportation energy infrastructure”.
• Defines the term “transportation energy infrastructure”.
o Establishes prohibitions on certain local government regulations and
requirements related to transportation energy infrastructure, except as authorized
by general law.
• Provides an exception for a local government to adopt, implement, modify, and enforce
applicable federal and state requirements for transportation energy infrastructure
including safety and building standards, provided it does not conflict with federal or state
safety and security requirements for transportation energy infrastructure.
• Provides that any existing or future law, ordinance, regulation, policy, or resolution that is
contrary to the bill is void.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 839 (2021)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Tourism, Infrastructure &
2 Energy Subcommittee
3 Representative Fabricio offered the following:
4
5 Amendment (with title amendment)
6 Remove everything aft er the enacting clause and insert:
7 Section 1. Section 377.707, Florida Statutes, is created to
8 read:
9 377.707 State preemption of transportation energy
10 infrastructure regulation. -
11 (1) As used in this section, the term "transportation
12 energy infrastructure" means infrastructure supporting the
13 production, import, storage, and distribution of fu els used for
14 transportati on including, but not limited to, petrole um,
15 petroleum products, gasoline, diesel fuel, motor fuel,
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Page 1 of 4
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 839 (2021)
Amendment No. 1
16 alternative fuel, marine fuel, aviation fuel, renewable fuel,
17 natural gas, hydrogen, and electricity.
18 (2) The Legislature finds that affordable, reliable, and
19 sustainable transportation energy throughout the state is
20 dependent upon transportation energy infrastructure networks
21 extending beyond local government boundaries and recognizes the
22 importance of consumer choice in the transportation energy
23 market. Therefore, the regulation of transportation energy
24 infrastructure is expressly preempted to the state.
25 (3) Except as authorized by general law, a local
26 government is prohibited from:
27 (a) Adopting or implementing any law, ordinance,
28 regulation, policy, or resolution that prohibits, restricts, or
29 requires, or that has the effect of prohibiting, restricting, or
30 requiring, the construction of new transportation energy
31 infrastructure or the expansion, upgrading, or repair of
32 existing transportation energy infrastructure, or imposing any
33 requirement regulating transportation energy infrastructure that
34 is more stringent than state law or department rule, except for
35 local ordinances regulating underground petroleum storage system
36 construction, operation, and maintenance that were enacted
37 pursuant to s. 376.317(3) (a).
38 (b) Amending its comprehensive plan, land use map, zoning
39 districtsI or land development regulations in a manner that
40 would conflict with an existing transportation energy
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Page 2 of 4
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 839 (2021)
Amendment No. 1
41 infrastructure classification as a permitted and allowable use
42 including, but not limited to, an amendment that causes an
43 existing transportation energy infrastructure to be a
44 nonconforming use, structure, or development.
45 (c) Imposing transportation energy infrastructure
46 requirements that are more stringent than state law or
47 department rule.
48 (4) This section does not limit the authority of a local
49 government to adopt, implement, modify, and enforce applicable
50 federal and state requirements for transportation energy
51 infrastructure including safety and building standards. However,
52 the exercise of local authority may not conflict with federal or
53 state safety and security requirements for transportation energy
54 infrastructure.
55 (5) Any existing or future law, ordinance, regulation,
56 policy, or resolution that is contrary to this section is void.
57 ------------------ ---- ----------- -- ------- --------- --
58 TITLE AMENDMENT
59 Remove everything before the enacting clause and insert:
60 An act relating to state preemption of transportation energy
61 infrastructure regulation; creating s. 377.707, F.S.; providing
62 a definition; providing legislative findings; preempting
63 regulation of transportation energy infrastructure to the state;
64 prohibiting a local government from regulating transportation
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 839 (2021)
Amendment No. 1
65 energy infrastructure; providing an exception; providing
66 construction; providing an effective date.
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J:
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 6059 Composition of the Multi-use Corridors of Regional Economic Significance Program
SPONSOR(S): Shoaf
TIED BILLS: IDEN./SIM. BILLS: SB 1590
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee Johnson
2) Commerce Committee
SUMMARY ANALYSIS
In 2019, the Legislature created the Multi-use Corridors of Regional Economic Significance (M-CORES)
program within the Department of Transportation (DOT) . The purpose of the program is to revitalize rural
communities, encourage job creation, and provide regional connectivity while leveraging technology,
enhancing quality of life and public safety, and protecting the environment and natural resources . M-CORES is
composed of the following corridors:
• Southwest-Central Florida Connector, extending from Collier County to Polk County.
• Suncoast Connector, extending from Citrus County to Jefferson County.
• Northern Turnpike Connector, extending from the northern terminus of the Florida Turnpike northwest
to the Suncoast Parkway.
The bill removes the words "to Jefferson County" from the description of the Suncoast Connector, thus
providing that the Suncoast Connector extends from Citrus County without a specified terminus.
The bill does not appear to have a fiscal impact on state or local governments.
The bill has an effective date of July 1, 2021 .
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h6059.TIE.DOCX
DATE : 3/1/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
In 2019, the Legislature passed CS/SB 7068, creating the Multi-use Corridors of Regional Economic
Significance (M-CORES) program within the Department of Transportation (DOT). 1 The purpose of the
program is to revitalize rural communities, encourage job creation, and provide regional connectivity
while leveraging technology, enhancing quality of life and public safety, and protecting the environment
and natural resources. The objective of the program is to advance the construction of regional corridors
that are intended to accommodate multiple modes of transportation and multiple types of infrastructure.
The intended benefits of the program include, but are not limited to, addressing issues such as:
• Hurricane evacuation.
• Congestion mitigation.
• Trade and logistics.
• Broadband, water, and sewer connectivity.
• Energy distribution.
• Autonomous, connected, shared, and electric vehicle technology.
• Other transportation modes.
• Mobility as a service.
• Availability of a trained workforce skilled in traditional and emerging technologies.
• Protection or enhancement of wildlife corridors or environmentally sensitive areas.
• Protection or enhancement of primary springs protection zones and farmland preservation
areas. 2
M-CORES is composed of the following corridors:
• Southwest-Central Florida Connector, extending from Collier County to Polk County.
• Suncoast Connector, extending from Citrus County to Jefferson County.
• Northern Turnpike Connector, extending from the northern terminus of the Florida Turnpike
northwest to the Suncoast Parkway. 3
The M-CORES program required DOT to establish task forces for each of the above corridors to serve
as a consensus building mechanism regarding each of the corridors. The Final Task Force Reports for
each corridor were released in November 2020. 4 Each report identified a series of potential high-level
needs for DOT's future evaluation and developed recommendations for how DOT should assess the
need for each corridor. 5
Effect of the Bill
The bill removes the words "to Jefferson County" from the description of the Suncoast Connector in s.
338.2278(2)(b), F.S.; thus, providing that the Suncoast Connector extends from Citrus County without a
specified terminus.
1
Ch. 2019-43, L.O.F.
2
S. 338.2278(1), F.S.
3
S. 338.2278(2), F.S.
4
Copies of all three task force reports are available at: https://floridamcores.com/ (last visited February 24, 2021)
5
M-CORES Suncoast Connector Task Force Report, p. 6. Available at https://floridamcores.com/wp-content/uploads/2020/11/M-
CORES_SCC_FinalTaskForceReport.pdf (last visited February 24, 2020)
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DATE: 3/1/2021
8. SECTION DIRECTORY:
Section 1 Amends s. 338.2278, F.S., relating to Multi-use Corridors of Regional Economic
Significance.
Section 2 Provides an effective date of July 1, 2021 .
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The bill does not appear to impact state government revenues.
2. Expenditures:
The bill does not appear to impact state government expenditures.
8. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
The bill does not appear to impact local government revenues.
2. Expenditures:
The bill does not appear to impact local government expenditures.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
Ill. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to impact county or municipal governments.
2. Other:
None.
8. RULE-MAKING AUTHORITY:
This bill does not provide a grant of rulemaking, nor does it require rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
By removing the terminus for the Suncoast Connector, the bill creates ambiguity as to the desired
direction and purpose of that corridor.
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DATE: 3/1/2021
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
Not applicable.
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DATE: 3/1/2021
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 6059 2021
1 A bill to be entitled
2 An act relating to the composition of the Multi-use
3 Corridors of Regional Economic Significance Program;
4 amending s. 338.2278, F.S.; removing a certain
5 regional corridor terminus from the program; providing
6 an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Paragraph (b) of subsection (2) of section
11 338.2278, Florida Statutes, is amended to read:
12 338.2278 Multi-use Corridors of Regional Economic
13 Significance Program.-
14 (2) The program is composed of all of the following
15 corridors:
16 (b) Suncoast Connector, extending from Citrus County .:e-e-
17 Je f fcrson County.
18 Section 2. This act shall take effect July 1, 2021.
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