HB 879

1	A bill to be entitled
2	An act relating to access to telecommunications service;
3	amending s. 427.704, F.S.; directing the Public Service
4	Commission to establish a statewide telecommunication
5	system capable of providing audible universal information
6	access service to persons who are visually impaired or
7	unable to communicate using a print medium; authorizing
8	the commission to contract for the administration and
9	operation of the system; providing for funding of the
10	system; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Section 427.704, Florida Statutes, is amended
15	to read:
16	427.704  Powers and duties of the commission.-
17	(1)(a)  The commission shall establish, implement, promote,
18	and oversee the administration of a statewide telecommunications
19	access system to provide access to telecommunications relay
20	services by persons who are hearing impaired or speech impaired,
21	or others who communicate with them. The telecommunications
22	access system shall provide for the purchase and distribution of
23	specialized telecommunications devices and the establishment of
24	statewide single provider telecommunications relay service
25	system which operates continuously. To provide
26	telecommunications relay services and distribute specialized
27	telecommunication devices to persons who are hearing impaired or
28	speech impaired, at a reasonable cost the commission shall:
29	1.(a)  Investigate, conduct public hearings, and solicit
30	the advice and counsel of the advisory committee established
31	pursuant to s. 427.706 to determine the most cost-effective
32	method for providing telecommunications relay service and
33	distributing specialized telecommunications devices.
34	2.(b)  Ensure that users of the telecommunications relay
35	service system pay rates no greater than the rates paid for
36	functionally equivalent voice communication services with
37	respect to such factors as duration of the call, time of day,
38	and distance from the point of origination to the point of
39	termination.
40	3.(c)  Ensure that the telecommunications access system
41	protects the privacy of persons to whom services are provided
42	and that all operators maintain the confidentiality of all relay
43	service messages.
44	4.(d)  Ensure that the telecommunications relay service
45	system complies with regulations adopted by the Federal
46	Communications Commission to implement Title IV of the Americans
47	with Disabilities Act.
48	(b)  The commission shall provide for the establishment of
49	a statewide telecommunication system capable of providing
50	audible universal information access service to persons who are
51	visually impaired or unable to communicate using print media and
52	those who communicate with them.
53	1.  The commission may contract for the administration and
54	operation of the system.
55	2.  One-fourth of one percent of the current monthly
56	maintenance surcharge shall be used to fund the system.
57	(2)  The commission shall designate as the administrator of
58	the telecommunications access system a corporation not for
59	profit organized for such purposes and incorporated pursuant to
60	chapter 617. For the purposes of this part, the commission may
61	order telecommunications companies to form such a corporation
62	not for profit.
63	(3)(a)  The commission shall select the provider of the
64	telecommunications relay service pursuant to procedures
65	established by the commission. In selecting the service
66	provider, the commission shall take into consideration the cost
67	of providing the relay service and the interests of the hearing
68	impaired and speech impaired community in having access to a
69	high-quality and technologically advanced telecommunications
70	system. The commission shall award the contract to the bidder
71	whose proposal is the most advantageous to the state, taking
72	into consideration the following:
73	1.  The appropriateness and accessibility of the proposed
74	telecommunications relay service for the citizens of the state,
75	including persons who are hearing impaired or speech impaired.
76	2.  The overall quality of the proposed telecommunications
77	relay service.
78	3.  The charges for the proposed telecommunications relay
79	service system.
80	4.  The ability and qualifications of the bidder to provide
81	the proposed telecommunications relay service as outlined in the
82	request for proposals.
83	5.  Any proposed service enhancements and technological
84	enhancements which improve service without significantly
85	increasing cost.
86	6.  Any proposed inclusion of provision of assistance to
87	deaf persons with special needs to access the basic
88	telecommunications system.
89	7.  The ability to meet the proposed commencement date for
90	the telecommunications relay service.
91	8.  All other factors listed in the request for proposals.
92	(b)  The commission shall consider the advice and counsel
93	of the advisory committee in the development of the request for
94	proposals. The request for proposals shall include, but not be
95	limited to:
96	1.  A description of the scope and general requirements of
97	the telecommunications relay service, including the required
98	compliance with regulations adopted by the Federal
99	Communications Commission to implement Title IV of the Americans
100	with Disabilities Act, the required service provisions and
101	service limitations, system design, service provider
102	qualifications, and service description, type of calls to be
103	provided, and charges to the users.
104	2.  A description of the telecommunications relay service
105	system standards.
106	3.  A description of information to be provided by the
107	bidder, including service provider qualifications, cost
108	information, including cost per call and startup costs, a
109	description of the system design, including network access and
110	facilities to be provided, and relay operator standards.
111	4.  A description of service provider reporting
112	requirements.
113	(c)  The commission shall establish a request for a
114	proposals review committee, which shall include commission staff
115	and designated members of the advisory committee, to review the
116	proposals received by the commission and recommend a
117	telecommunications relay service provider to the commission for
118	final selection. By agreeing to serve on the review committee,
119	each member of the review committee shall agree that he or she
120	currently does not have and will not have any interest or
121	employment, either directly or indirectly, with potential
122	bidders that would conflict in any manner or degree with his or
123	her performance on the committee.
124	(d)  To the extent a bidder desires any portion of its
125	proposal to be considered proprietary, confidential business
126	information, the bidder shall make such request concurrent with
127	filing its proposal and justify its request as provided in s.
128	364.183.
129	(4)(a)  The commission shall establish a mechanism to
130	recover the costs of implementing and maintaining the services
131	required pursuant to this part which shall be applied to each
132	basic telecommunications access line. In establishing the
133	recovery mechanism, the commission shall:
134	1.  Require all local exchange telecommunications companies
135	to impose a monthly surcharge on all local exchange
136	telecommunications company subscribers on an individual access
137	line basis, except that such surcharge shall not be imposed upon
138	more than 25 basic telecommunications access lines per account
139	bill rendered.
140	2.  Require all local exchange telecommunications companies
141	to include the surcharge as a part of the local service charge
142	that appears on the customer's bill, except that the local
143	exchange telecommunications company shall specify the surcharge
144	on the initial bill to the subscriber and itemize it at least
145	once annually.
146	3.  Allow the local exchange telecommunications company to
147	deduct and retain 1 percent of the total surcharge amount
148	collected each month to recover the billing, collecting,
149	remitting, and administrative costs attributed to the surcharge.
150	(b)  The commission shall determine the amount of the
151	surcharge based upon the amount of funding necessary to
152	accomplish the purposes of this act and provide the services on
153	an ongoing basis; however, in no case shall the amount exceed 25
154	cents per line per month.
155	(c)  All moneys received by the local exchange
156	telecommunications company, less the amount retained as
157	authorized by subparagraph (4)(a)3., shall be remitted to the
158	administrator for deposit in appropriate financial institutions
159	regulated under state or federal law and used exclusively to
160	fund the telecommunications access systems system provided for
161	in this section herein.
162	(d)  The surcharge collected by the local exchange
163	telecommunications companies is not subject to any sales, use,
164	franchise, income, municipal utility, gross receipts, or any
165	other tax, fee, or assessment, nor shall it be considered
166	revenue of the local exchange telecommunications companies for
167	any purpose.
168	(e)  From the date of implementing the surcharge, the
169	commission shall review the amount of the surcharge at least
170	annually and shall order changes in the amount of the surcharge
171	as necessary to assure available funds for the provision of the
172	telecommunications access system established herein. If Where
173	the review of the surcharge determines that excess funds are
174	available, the commission may order the suspension of the
175	surcharge for a period which the commission deems appropriate.
176	(5)  The commission shall require each local exchange
177	telecommunications company to begin assessing and collecting the
178	surcharge in the amount of 5 cents per access line per month on
179	bills rendered on or after July 1, 1991, for remission to the
180	administrator for deposit in the operational fund. Each local
181	exchange telecommunications company shall remit moneys collected
182	to the administrator. On August 15, 1991, Each local exchange
183	telecommunications company shall remit begin remitting the
184	moneys collected to the administrator on a monthly basis and in
185	a manner as prescribed by the commission. The administrator
186	shall use such moneys to cover costs incurred during the
187	development of the telecommunications relay services and to
188	establish and administer the specialized telecommunications
189	devices systems system.
190	(6)  The commission shall establish a schedule for
191	completion of specific stages of the telecommunications relay
192	service development and implementation except that the statewide
193	telecommunications relay service shall commence on or before
194	June 1, 1992.
195	(7)  The commission shall require the administrator to
196	submit financial statements for the distribution of specialized
197	telecommunications devices and the telecommunications relay
198	service to the commission quarterly, in the manner prescribed by
199	the commission.
200	(8)  The commission shall adopt rules and may take any
201	other action necessary to implement the provisions of this act.
202	(9)  The commission shall provide to the President of the
203	Senate and to the Speaker of the House of Representatives an
204	annual report on the operation of the telecommunications access
205	system. The first report shall be provided no later than January
206	1, 1992, and successive Reports shall be provided by January 1
207	of each year thereafter. Reports shall be prepared in
208	consultation with the administrator and the advisory committee.
209	The reports shall, at a minimum, briefly outline the status of
210	developments of the telecommunications access system, the number
211	of persons served, the call volume, revenues and expenditures,
212	the allocation of the revenues and expenditures between
213	provision of specialized telecommunications devices to
214	individuals and operation of statewide relay service, other
215	major policy or operational issues, and proposals for
216	improvements or changes to the telecommunications access system.
217	Section 2.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.