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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES
Chapter 364
COMMUNICATIONS SERVICES
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F.S. 364.391
364.391 Rural electric cooperatives engaged in the provision of broadband.
(1) As used in this section, the term:
(a) “Affiliate” means an entity related through a parent cooperative’s controlling interest. The term includes a subsidiary or any other entity under common control with the cooperative.
(b) “Cooperative” means a rural electric cooperative established pursuant to chapter 425.
(c) “Engages in the provision of broadband” means an entity that:
1. Provides broadband service directly, through an affiliate, or pursuant to an agreement with a third party; or
2. Accepts broadband grant funding pursuant to s. 288.9962 or from any other federal or state program offering grants to expand broadband Internet service to unserved areas of this state.
(2) If a cooperative engages in the provision of broadband:
(a) All poles owned by the cooperative are subject to regulation under s. 366.04(8) on the same basis as if such cooperative were a public utility under that subsection; and
(b) The commission may access the books and records of such cooperative to the limited extent necessary to perform its functions and to exercise its authority under ss. 366.04(8) and 366.97(4). Upon request of the cooperative, any records the commission receives under this paragraph which are proprietary confidential business information under s. 364.183 or s. 366.093 shall retain their status as confidential or exempt from disclosure under s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(3) This section may not be construed to impair the contract rights of a party to a valid pole attachment agreement in existence before July 1, 2023.
History.s. 1, ch. 2023-199.