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                                                  SENATE AMENDMENT

    Bill No. CS for SB 640

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Scott moved the following amendment:

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13         Senate Amendment 

14         On page 11, line 29,

15           through page 13, line 24, delete those lines

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17  and insert:

18         Section 7.  Part III of chapter 364, Florida Statutes,

19  consisting of sections 364.601, 364.602, 364.603, and 364.604,

20  Florida Statutes, is created to read:

21         364.601  Short title.--This part may be cited as the

22  "Telecommunications Consumer Protection Act."

23         364.602  Definitions.--For purposes of this part:

24         (1)  "Billing party" means any telecommunications

25  company that bills an end user consumer on its own behalf or

26  on behalf of an originating party.

27         (2)  "Commission" means the Florida Public Service

28  Commission.

29         (3)  "Customer" means any residential subscriber to

30  services provided by a telecommunications company.

31         (4)  "Originating party" means any person, firm,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 640

    Amendment No.    





 1  corporation, or other entity, including a telecommunications

 2  company or a billing clearinghouse, that provides any

 3  telecommunications service or information service to a

 4  customer or bills a customer through a billing party, except

 5  the term "originating party" does not include any entity

 6  specifically exempted from the definition of

 7  "telecommunications company" as provided in s. 364.02(12).

 8         (5)  "Information service"  means telephone calls made

 9  to 900 or 976 type services, but does not include internet

10  services.

11         364.603  Methodology for changing telecommunications

12  provider.--

13         (1)  The commission shall adopt rules to prevent the

14  unauthorized changing of a subscriber's telecommunications

15  service.  Such rules shall be consistent with the

16  Telecommunications Act of 1996, provide for specific

17  verification methodologies, provide for the notification to

18  subscribers of the ability to freeze the subscriber's choice

19  of carriers at no charge, allow for a subscriber's change to

20  be considered valid if verification was performed consistent

21  with commission's rules, provide for remedies for violations

22  of the rules, and allow for the imposition of other penalties

23  available in chapter 364.

24         364.604  Billing practices.--

25         (1)  Each billing party must clearly identify on its

26  bill the name and toll-free number of the originating party,

27  the telecommunications service or information service billed,

28  and the specific charges, taxes, and fees associated with each

29  telecommunications or information service. The originating

30  party is responsible for providing the billing party with all

31  required information. The toll-free number of the originating

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 640

    Amendment No.    





 1  party or its agent must be answered by a customer service

 2  representative or a voice response unit. If the customer

 3  reaches a voice response unit, the originating party or its

 4  agent must initiate a response to a customer inquiry within 24

 5  hours, excluding weekends and holidays.  Each

 6  telecommunications carrier shall have until June 30, 1999, to

 7  comply with this subsection.

 8         (2)  A customer shall not be liable for any charges for

 9  telecommunications or information services that the customer

10  did not order or that were not provided to the customer.

11         (3)  Every billing party shall provide a free blocking

12  option to a customer to block 900 or 976 telephone calls.

13         (4)  A billing party shall not disconnect a customer's

14  Lifeline local service if the charges, taxes, and fees

15  applicable to basic local exchange telecommunications service

16  are paid.

17         (5)  Pursuant to s. 120.536, the commission may adopt

18  rules to implement this section.

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