House Bill 2123e1

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                                          HB 2123, First Engrossed



  1                      A bill to be entitled

  2         An act relating to telecommunications services;

  3         amending s. 364.0252, F.S.; directing the

  4         Florida Public Service Commission to inform

  5         consumers about specific matters in the

  6         telecommunications services market; amending s.

  7         364.24 F.S.; providing for telephonic customer

  8         account information; amending s. 364.507, F.S.;

  9         changing a cross reference; amending s.

10         364.508, F.S.; deleting certain definitions;

11         amending s. 364.509, F.S.; specifying duties of

12         the Department of Education relating to

13         distance learning; amending s. 364.510, F.S.;

14         creating the Florida Distance Learning Network

15         Advisory Council in the Department of

16         Education; providing for membership; specifying

17         representation; providing for organization,

18         procedures, and compensation of the council;

19         providing responsibilities of the council;

20         requiring the department to provide

21         administrative and support services for the

22         council; amending s. 364.514, F.S., to conform;

23         repealing 364.511, F.S., relating to the powers

24         of the board of directors of the Florida

25         Distance Learning Network; repealing s.

26         364.512, F.S., relating to the executive

27         director of the network; repealing s. 364.513,

28         F.S., relating to the annual report and audits

29         of the network; providing for an appropriation;

30         establishing a task force in the Department of

31         Management Services; providing for


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                                          HB 2123, First Engrossed



  1         representation; providing responsibilities;

  2         providing for meetings of the task force;

  3         providing for support staff for the task force;

  4         requiring reports; providing for the

  5         dissolution of the task force; providing an

  6         appropriation; providing an effective date.

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  8  Be It Enacted by the Legislature of the State of Florida:

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10         Section 1.  Section 364.0252, Florida Statutes, 1998

11  Supplement, is amended to read:

12         364.0252  Expansion of consumer information programs;

13  customer assistance; rulemaking authority.--By January 1,

14  1999, The Florida Public Service Commission shall expand its

15  current consumer information program to inform consumers of

16  their rights as customers of competitive telecommunications

17  services and shall assist customers in resolving any billing

18  and service disputes that customers are unable to resolve

19  directly with the company. The commission may, pursuant to

20  this program, require all telecommunications companies

21  providing local or long distance telecommunications services

22  to develop and provide information to customers. The

23  commission may specify by rule the types of information to be

24  developed and the manner by which the information will be

25  provided to the customers. On July 1, 1999, the Florida Public

26  Service Commission shall undertake a comprehensive and ongoing

27  effort to inform consumers regarding how to protect themselves

28  in a competitive telecommunications market.  Of specific

29  concern are informing consumers concerning the availability of

30  the Lifeline and Link-Up Programs for low-income households

31  and alerting consumers to how they can avoid having their


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                                          HB 2123, First Engrossed



  1  service changed or unauthorized charges added to their

  2  telephone bills.

  3         Section 2.  Subsection (2) of section 364.24, Florida

  4  Statutes, is amended to read:

  5         364.24  Penalty for making telephone message or

  6  customer account information known.--

  7         (2)  Any officer or person in the employ of any

  8  telecommunications company shall not intentionally disclose

  9  customer account records except as authorized by the customer

10  or as necessary for billing purposes, or required by subpoena,

11  court order, other process of court, or as otherwise allowed

12  by law.  Any person who violates any provision of this section

13  commits a misdemeanor of the second degree, punishable as

14  provided in s. 775.082 or s. 775.083. Nothing herein precludes

15  disclosure of customers' names, addresses, or telephone

16  numbers to the extent they are otherwise publicly available.

17  Nothing herein precludes a telecommunications company from

18  making available to its customers a customer's own customer

19  account record through telephonic means.

20         Section 3.  Subsection (2) of section 364.507, Florida

21  Statutes, is amended to read:

22         364.507  Legislative intent.--

23         (2)  It is the intent of the Legislature that all local

24  exchange telecommunications companies, including those with

25  less than 100,000 access lines in service which do not elect

26  to be regulated under price regulation pursuant to s. 364.051,

27  should be required to provide advanced telecommunications

28  services to eligible facilities in the absence of a

29  competitive bid to provide such services pursuant to s.

30  364.515(3) 364.510(3). This obligation arises from the

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                                          HB 2123, First Engrossed



  1  privileges granted such local exchange telecommunications

  2  companies under part I of this chapter.

  3         Section 4.  Section 364.508, Florida Statutes, is

  4  amended to read:

  5         364.508  Definitions.--As used in this part:

  6         (1)  "Commission" means the Public Service Commission.

  7         (2)  "Network" means the Florida Distance Learning

  8  Network.

  9         (2)(3)  "Telecommunications company" means any entity

10  certified under this chapter to provide telecommunications

11  service.

12         (3)(4)  "Cable company" means a cable television

13  company providing cable service as defined in 47 U.S.C. s.

14  522.

15         (4)(5)  "Advanced telecommunications services" are

16  defined as network-based or wireless services that provide

17  additional communications capabilities enabling the use of

18  applications such as distance learning, video conferencing,

19  data communications, and access to Internet.

20         (6)  "Plan" means the Education Facilities

21  Infrastructure Improvement Plan, a document that includes a

22  needs assessment report and identifies telecommunications

23  companies', cable companies', and other providers' present and

24  projected deployment of technologies necessary for delivery of

25  advanced telecommunications services to eligible facilities

26  who request such services.

27         (5)(7)  "Eligible facilities" means all approved

28  campuses and instructional centers of all public universities,

29  public community colleges, area technical centers, public

30  elementary schools, middle schools, and high schools,

31  including school administrative offices, public libraries,


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                                          HB 2123, First Engrossed



  1  teaching hospitals, the research institute described in s.

  2  240.512, and rural public hospitals as defined in s. 395.602.

  3  If no rural public hospital exists in a community, the public

  4  health clinic which is responsible for individuals before they

  5  can be transferred to a regional hospital shall be considered

  6  eligible.

  7         Section 5.  Section 364.509, Florida Statutes, is

  8  amended to read:

  9         (Substantial rewording of section.  See

10         s. 364.509, F.S., for present text.)

11         364.509  Duties of the Department of Education.--The

12  duties of the Department of Education concerning distance

13  learning include, but are not limited to:

14         (1)  Facilitate the implementation of a statewide

15  coordinated system and resource system for cost-efficient

16  advanced telecommunications services and distance education

17  which will increase overall student access to education.

18         (2)  Coordinate the use of existing resources,

19  including, but not limited to, the state's satellite

20  transponders on the education satellites, the SUNCOM Network,

21  the Florida Information Resource Network (FIRN), the

22  Department of Management Services, the Department of

23  Corrections, and the Department of Children and Family

24  Services' satellite communication facilities to support a

25  statewide advanced telecommunications services and distance

26  learning network.

27         (3)  Assist in the coordination of the utilization of

28  the production and uplink capabilities available through

29  Florida's public television stations, eligible facilities,

30  independent colleges and universities, private firms, and

31  others as may be needed.


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                                          HB 2123, First Engrossed



  1         (4)  Seek the assistance and cooperation of Florida's

  2  cable television providers in the implementation of the

  3  statewide advanced telecommunications services and distance

  4  learning network.

  5         (5)  Seek the assistance and cooperation of Florida's

  6  telecommunications carriers to provide affordable student

  7  access to advanced telecommunications services and to distance

  8  learning.

  9         (6)  Coordinate partnerships for development,

10  acquisition, use, and distribution of distance learning.

11         (7)  Secure and administer funding for programs and

12  activities for distance learning from federal, state, local,

13  and private sources and from fees derived from services and

14  materials.

15         (8)  Manage the state's satellite transponder resources

16  and enter into lease agreements to maximize the use of

17  available transponder time.  All net revenue realized through

18  the leasing of available transponder time, after deducting the

19  costs of performing the management function, shall be recycled

20  to support the public education distance learning in this

21  state, based upon an allocation formula of one-third to the

22  Department of Education, one-third to the State Board of

23  Community Colleges, and one-third to the State University

24  System.

25         (9)  Hire appropriate staff which may include a

26  position that shall be exempt from part II of chapter 110 and

27  is included in the Senior Management Service in accordance

28  with s. 110.205.

29         (10)  Nothing in ss. 364.506-364.514 shall be construed

30  to abrogate, supersede, alter, or amend the powers and duties

31  of any state agency, district school board, community college


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                                          HB 2123, First Engrossed



  1  board of trustees, the State Board of Community Colleges, or

  2  the Board of Regents.

  3         Section 6.  Section 364.510, Florida Statutes, is

  4  amended to read:

  5         (Substantial rewording of section.  See

  6         s. 364.510, F.S., for present text.)

  7         364.510  The Florida Distance Learning Network Advisory

  8  Council; creation; membership; organization; meetings.--

  9         (1)  The Florida Distance Learning Network Advisory

10  Council is created in the Department of Education to advise

11  and assist the department in carrying out its duties relating

12  to distance learning.

13         (a)  Composition.--The advisory council, to be

14  appointed by and serve at the pleasure of the Commissioner of

15  Education, shall not exceed 13 members, selected from the

16  various entities who have interests in distance learning, and

17  who are, when possible, leading members of statewide or

18  regional organizations representing institutional consumers

19  and providers so as to establish a broadly based and

20  representative distance learning advisory council.

21         (b)  Representation.--The organizations represented on

22  the advisory council may include, but are not limited to,

23  public and private elementary and secondary schools; public

24  and private postsecondary institutions, including vocational

25  and technical centers; state agencies; libraries; the health

26  care community, including urban, rural, and teaching

27  hospitals; the cable telecommunications industry; the local

28  exchange telecommunications industry; and the interexchange

29  industry.  Two members shall be the Chancellor of the State

30  University System or the chancellor's designee and the

31  Executive Director of the Florida Community College System or


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                                          HB 2123, First Engrossed



  1  the executive director's designee.  One member may be a lay

  2  citizen.

  3         (c)  Organization, procedure, and compensation.--

  4         1.  The advisory council shall meet at least annually.

  5         2.  The advisory council shall elect a chair, a

  6  vice-chair, and a secretary from its membership for 1-year

  7  terms.  Officers may be re-elected.

  8         3.  The advisory council shall meet at the call of its

  9  chair, at the request of the majority of its membership, the

10  commissioner, or at such times as its membership may

11  prescribe.

12         (2)  The advisory council may study and recommend to

13  the department on:

14         (a)  A marketing program statewide, nationally, and

15  internationally, as deemed appropriate.

16         (b)  The recipients of the Educational Technology Grant

17  Program provided in s. 364.514.

18         (c)  Suggested legislation concerning distance

19  learning.

20         (d)  Any other issue regarding distance learning that

21  the council deems appropriate.

22         (3)  The department shall provide administrative and

23  support services to the advisory council.

24         Section 7.  Subsection (2) of section 364.514, Florida

25  Statutes, is amended to read:

26         364.514  Educational Technology Grant Program.--

27         (2)(a)  The Department of Education Florida Distance

28  Learning Network shall annually award grants to school

29  districts, area technical centers, community colleges, state

30  universities, and independent institutions eligible to

31  participate in state student assistance programs established


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                                          HB 2123, First Engrossed



  1  in part IV of chapter 240.  The department board of directors

  2  of the corporation shall give priority to cooperative

  3  proposals submitted by two or more institutions or delivery

  4  systems.  The proposals shall include:

  5         1.  Information which describes the educational

  6  significance of the program or service in addressing state

  7  educational priorities.

  8         2.  The target population for the program.

  9         3.  The program content to be transmitted.

10         4.  The support services to be provided.

11         5.  Provisions to use at least 20 percent of any funds

12  awarded for training both faculty and student learners in the

13  use and application of the products developed.

14         (b)  Programs and courses developed through the grant

15  program shall be marketed statewide and nationwide with a

16  portion of any profits from the sale or use of such programs

17  retained by the developing institutions or systems and a

18  portion reinvested in the grant program for further program

19  development. The distribution of any revenues received shall

20  be determined by formal agreement between the department board

21  of directors and the developing system or institution.

22         (c)  The department board of directors shall identify

23  state educational priorities and issue a request for proposals

24  by June 1 in every year in which funds are available for

25  grants.  The department board shall ensure the quality of the

26  programs and courses produced through the grants and produce

27  an annual status report by March 1 describing the projects

28  funded and accounting for any proceeds.

29         Section 8.  Sections 364.511, 364.512, and 364.513,

30  Florida Statutes, are repealed.

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                                          HB 2123, First Engrossed



  1         Section 9.  There is hereby appropriated from the

  2  Florida Public Service Regulatory Trust Fund to the Public

  3  Service Commission the sum of $1,000,000 and 2 positions for

  4  the purpose of carrying out the provisions of section 1 of

  5  this act. 

  6         Section 10.  (1)  There is hereby created the

  7  Information Service Technology Development Task Force which

  8  shall be located within the Department of Management Services

  9  for the purpose of developing policies that will benefit

10  residents of this state by fostering the free-market

11  development and beneficial use of advanced communications

12  networks and information technologies within this state.  The

13  task force shall be composed of 34 members as follows:

14         (a)  The Attorney General, the executive director of

15  the Florida Department of Law Enforcement, the Chancellor of

16  the State University System, the Commissioner of Education,

17  the executive director of the State Board of Community

18  Colleges, the director of the Office of Tourism, Trade, and

19  Economic Development, the executive director of the Department

20  of Revenue, a representative of the Florida Council of

21  American Electronics Association, a representative of the

22  Florida Internet Providers Association, a representative of

23  the United States Internet Council, the chair of the State

24  Technology Council, and the secretary of the Department of

25  Management Services.

26         (b)  The President of the Senate shall appoint one

27  member from each of the following categories: a

28  facilities-based interexchange telecommunications company, a

29  wireless telecommunications company, an alternative local

30  exchange telecommunications company, an internet service

31  provider with more than one million customers, the


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                                          HB 2123, First Engrossed



  1  entertainment industry, a computer or telecommunications

  2  manufacturing company, and one member of the Florida Senate.

  3         (c)  The Speaker of the House of Representatives shall

  4  appoint one member from each of the following categories: a

  5  cable television provider, a computer software company, the

  6  banking industry, an internet search engine company, a local

  7  exchange telecommunications company, the tourist industry, and

  8  one member of the House of Representatives.

  9         (d)  The Governor shall name the chair, and appoint

10  members as follows: one college student who relies on the

11  Internet for personal or academic use, a representative of a

12  local government that is an alternative local exchange

13  telecommunications company or an Internet service provider,

14  and four members as determined by the Governor to

15  appropriately represent technology providers, manufacturers,

16  retailers, and users.

17          (e)  The minority leader of the House of

18  Representatives shall appoint one member of the House of

19  Representatives.

20         (f)  The minority leader of the Senate shall appoint

21  one member of the Senate.

22         (2)  The task force shall exist for 2 years and shall

23  meet at least four times per year. Failure of a member to

24  participate in three consecutive meetings shall result in the

25  member's replacement by the Governor. The task force is

26  encouraged to implement electronic bulletin boards and other

27  means for the exchange of ideas throughout the year.

28         (3)  The task force shall develop overarching

29  principles to guide state policy decisions with respect to the

30  free-market development and beneficial use of advanced

31  communications networks and information technologies, identify


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                                          HB 2123, First Engrossed



  1  factors that will affect whether these technologies will

  2  flourish in Florida, and develop policy recommendations for

  3  each factor.

  4         (4)  By February 14 of calendar years 2000 and 2001,

  5  the task force shall submit a report to the Governor, the

  6  President of the Senate, and the Speaker of the House of

  7  Representatives outlining principles, policy recommendations,

  8  and any suggested legislation. The task force may develop and

  9  publish other documents throughout the year.

10         (5)  The State Technology Office within the Department

11  of Management Services shall provide support staff for the

12  task force and promote public awareness of the development of

13  principles and policy recommendations by the task force. The

14  State University System shall assist the task force as

15  necessary.

16         (6)  The task force shall dissolve effective July 1,

17  2001.

18         Section 11.  The sum of $375,100 is hereby appropriated

19  from the General Revenue Fund to the State Technology Office

20  in the Department of Management Services and four positions

21  are created in the department for the purpose of carrying out

22  the provisions of this act.

23         Section 12.  This act shall take effect July 1, 1999.

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