Bill > H1239

Introduced Session

An act relating to broadband Internet infrastructure; providing a short title; amending s. 212.08, F.S.; exempting the purchase, lease, or sale of certain equipment used by a provider of communications services or a provider of Internet access services in this state from the sales and use tax; providing definitions; creating s. 364.0137, F.S.; providing legislative findings; providing definitions; requiring municipal electric utilities to ensure that their broadband provider rates and fees meet certain requirements, make certain records available to broadband providers, and establish just and reasonable terms and conditions for broadband provider attachments; prohibiting utilities from prohibiting a broadband provider from using certain techniques and equipment if used in accordance with certain safety standards; requiring any required pole replacement to be completed within a specified timeframe; prohibiting utilities from requiring a broadband provider to comply with attachment specifications that exceed specified established safety levels; providing construction; authorizing municipal electric utilities and broadband providers to negotiate agreements or renegotiate existing agreements and to petition the hb1239-00 HB 1239 court after a specified timeframe if unable to reach an agreement; requiring the court to make a determination within a specified timeframe; specifying that such determination applies retroactively; authorizing municipal electric utilities and broadband providers to seek any available remedies; providing an effective date. WHEREAS, although this state is a national leader in private sector broadband investment, including billions of dollars invested by existing service providers, estimates show that as many as 804,000 residents lack access to the services, particularly in rural areas where the cost to deploy facilities is significantly higher than in more densely populated areas, and WHEREAS, the lack of advanced communication capabilities, broadband facilities, and services in certain areas deprives residents of access to opportunities, and WHEREAS, the Legislature finds that it is in the public interest of this state to encourage private-sector investment in broadband deployment and upgrades, encourage greater participation and access for all residents, and remove regulatory and economic barriers to such investment, and WHEREAS, the Legislature finds that it is in the public interest of this state to encourage and facilitate the hb1239-00 HB 1239 development of and investment in broadband facilities to advance Florida's economic competitiveness, create job opportunities, enhance health care, and enhance educational advancement, and WHEREAS, the Legislature finds that reasonable rates, terms, and conditions for access and use of municipal utility poles by broadband service providers are essential for the deployment, upgrade, and maintenance of broadband service, and WHEREAS, it is critical that such access rates, terms, and conditions be reasonable and fully compensatory, as approved by the federal pole attachment framework imposed by the Communications Act of 1934, as amended, 47 U.S.C. s. 224, and the regulations of the Federal Communications Commission governing utilities whose pole attachments are regulated under federal law, NOW, THEREFORE,

AI Summary

Committee Categories

Josie Tomkow (R)*,  Kevin Chambliss (D),  Daisy Morales (D),  Jackeline Toledo (R), 

Other Sponsors (2)

Chapter No. 2021-24 (on 05/11/2021)

Official Document