(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.
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Terms Used In Florida Statutes 364.391

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Broadband service: means any service that consists of or includes the offering of the capability to transmit or receive information at a rate that is not less than 200 kilobits per second and either:
    (a) Is used to provide access to the Internet; or
    (b) Provides computer processing, information storage, information content, or protocol conversion in combination with the service. See Florida Statutes 364.02
  • Commission: means the Florida Public Service Commission. See Florida Statutes 364.02
  • Contract: A legal written agreement that becomes binding when signed.
(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 Fla. Const. Art. I, § 24(a).
(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.
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