Florida Senate - 2013                                    SB 1688
       
       
       
       By Senator Altman
       
       
       
       
       16-00180-13                                           20131688__
    1                        A bill to be entitled                      
    2         An act relating to the telecommunications access
    3         system; amending s. 427.702, F.S.; revising
    4         legislative findings, purpose, and intent relating to
    5         the telecommunications access system; recognizing that
    6         the 21st Century Communications and Video
    7         Accessibility Act mandates additional safeguards
    8         ensuring that persons who have a hearing loss are able
    9         to access Internet-based and digital communications;
   10         amending s. 427.703, F.S.; revising definitions to
   11         conform to changes made by the act; amending s.
   12         427.704, F.S.; revising the powers and duties of the
   13         Public Service Commission; requiring that the
   14         commission establish a recovery mechanism that
   15         requires commercial mobile radio service providers to
   16         impose a monthly surcharge on their subscribers;
   17         amending s. 427.705, F.S.; revising provisions
   18         relating to the administration of the
   19         telecommunications access system; providing for the
   20         distribution of wireless mobile devices to qualified
   21         persons; amending s. 427.706, F.S.; revising the
   22         membership of the advisory committee that assists the
   23         commission with the administration and operation of
   24         the telecommunications access system; amending s.
   25         427.708, F.S.; requiring that the commission annually
   26         ensure that public safety and health care providers
   27         are complying with the requirement to purchase and
   28         operate telecommunications devices for the deaf or any
   29         other appropriate telecommunications devices and
   30         submit a report of its findings to the advisory
   31         committee; providing an effective date.
   32  
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Section 427.702, Florida Statutes, is amended to
   36  read:
   37         427.702 Findings, purpose, and legislative intent.—
   38         (1) The Legislature finds and declares that:
   39         (a) Telecommunications services provide a rapid and
   40  essential communications link among the general public and with
   41  essential offices and organizations such as police, fire, and
   42  medical facilities.
   43         (b) All persons should have basic telecommunications
   44  services available to them at reasonable and affordable costs.
   45         (c) A significant portion of Florida’s deaf, hard-of
   46  hearing, hearing impaired and speech-impaired speech impaired
   47  populations has profound disabilities, including dual sensory
   48  impairments, which render normal telephone or mobile wireless
   49  equipment useless without additional specialized
   50  telecommunications devices, many of which cost several hundred
   51  dollars.
   52         (d) The telecommunications system is intended to provide
   53  access to a basic communications network between all persons,
   54  and that many persons who have a hearing loss impairment or
   55  speech impairment do not currently have no access to the basic
   56  telecommunications system.
   57         (e) Persons who do not have a hearing loss impairment or
   58  speech impairment are generally excluded from access to the
   59  basic telecommunications system to communicate with persons who
   60  have a hearing loss impairment or speech impairment without the
   61  use of specialized telecommunications devices.
   62         (f) There exists a need for a telecommunications relay
   63  system whereby the cost for access to basic telecommunications
   64  services for persons who have a hearing loss impairment or
   65  speech impairment is no greater than the amount paid by other
   66  telecommunications customers.
   67         (g) The Federal Government, in order to carry out the
   68  purposes established by Title II of the Communications Act of
   69  1934, as amended, by the enactment of the Americans with
   70  Disabilities Act, endeavored to ensure that interstate and
   71  intrastate telecommunications relay services are available, to
   72  the extent possible and in the most efficient manner, to deaf,
   73  hard-of-hearing, hearing impaired and speech-impaired speech
   74  impaired persons in the United States.
   75         (h) Title IV of the Americans with Disabilities Act
   76  mandates that the telecommunications companies providing
   77  telephone services within the state shall provide
   78  telecommunications relay services on or before July 25, 1993, to
   79  persons who are deaf, hard of hearing, impaired or speech
   80  impaired within their certificated territories in a manner that
   81  meets or exceeds the requirements of regulations to be
   82  prescribed by the Federal Communications Commission.
   83         (i) The 21st Century Communications and Video Accessibility
   84  Act of 2010 mandates additional safeguards ensuring that persons
   85  who have a hearing loss are able to access Internet-based and
   86  digital communications.
   87         (2) It is the declared purpose of this part to establish a
   88  system whereby the residents citizens of Florida who are deaf,
   89  hard of hearing impaired, speech impaired, or dual sensory
   90  impaired have access to basic telecommunications services at a
   91  cost no greater than that paid by other telecommunications
   92  services customers, and whereby the cost of specialized
   93  telecommunications equipment necessary to ensure that residents
   94  citizens who are deaf, hard of hearing impaired, speech
   95  impaired, or dual sensory impaired have access to basic
   96  telecommunications services and the provision of
   97  telecommunications relay service is borne by all the
   98  telecommunications customers of the state.
   99         (3) It is the intent of the Legislature:
  100         (a) That a telecommunications access system be established
  101  to provide equitable basic access to the telecommunications
  102  network for persons who are deaf, hard of hearing impaired,
  103  speech impaired, or dual sensory impaired.
  104         (b) That the telecommunications access system includes a
  105  telecommunications relay service system that meets or exceeds
  106  the certification requirements of the Federal Communications
  107  Commission.
  108         (c) That the telecommunications access system includes the
  109  distribution of telecommunications devices for the deaf which
  110  that are compatible with the telecommunications relay service
  111  system and has the capability of incorporating new technologies
  112  as they develop.
  113         (d) That the telecommunications access system includes the
  114  distribution of specialized telecommunications devices necessary
  115  for deaf, hard-of-hearing hearing impaired, speech-impaired
  116  speech impaired, or dual sensory-impaired sensory impaired
  117  persons to access basic telecommunications services.
  118         (e) That the telecommunications access system ensures that
  119  users of the telecommunications relay service system pay rates
  120  no greater than the rates paid for functionally equivalent voice
  121  communications services.
  122         (f) That the telecommunications access system be as cost
  123  efficient as possible without diminishing the effectiveness or
  124  the quality of the system.
  125         (g) That the telecommunications access system uses state
  126  of-the-art technology for specialized telecommunications devices
  127  and the telecommunications relay service and encourages the
  128  incorporation of new developments in technology, to the extent
  129  that it has demonstrated benefits consistent with the intent of
  130  this act and is in the best interest of the residents citizens
  131  of this state.
  132         (h) That the value of the involvement of persons who are
  133  deaf, hard of have hearing, or speech impaired impairments, and
  134  organizations representing or serving those persons, be
  135  recognized and such persons and organizations be involved
  136  throughout the development, establishment, and implementation of
  137  the telecommunications access system through participation on
  138  the advisory committee as provided in s. 427.706.
  139         (i) That the total cost of providing telecommunications
  140  relay services and distributing specialized telecommunications
  141  devices be spread equitably among and collected from customers
  142  of all local exchange telecommunications companies and
  143  commercial mobile radio service providers.
  144         Section 2. Subsections (3), (5), (6), (11), (12), (13), and
  145  (16) of section 427.703, Florida Statutes, are amended to read:
  146         427.703 Definitions.—As used in this part:
  147         (3) “Deaf” means having a severe permanent hearing loss
  148  that makes it difficult to understand speech through listening
  149  with or without an auditory device. Some deaf individuals may
  150  depend on visual or tactile methods, or both, to communicate
  151  impairment and being unable to discriminate speech sounds in
  152  verbal communication, with or without the assistance of
  153  amplification devices.
  154         (5) “Hard of hearing” means having a severe permanent
  155  hearing loss that interferes with the ability to process
  156  linguistic information through audition with or without an
  157  auditory device. A hard-of-hearing individual may depend on
  158  hearing and assistive devices or visual methods, or both, to
  159  communicate impairment which is severe enough to necessitate the
  160  use of amplification devices to discriminate speech sounds in
  161  verbal communication.
  162         (6) “Hearing loss impaired” or “having a hearing loss
  163  impairment” means deaf or hard of hearing and, for purposes of
  164  this part, includes being dual sensory impaired.
  165         (11) “Specialized telecommunications device” means a
  166  telecommunications device for the deaf (TDD) TDD, an amplified
  167  telephone, a captioned telephone a volume control handset, a
  168  ring signaling device, a mobile wireless device such as a
  169  cellular telephone designed for deaf or hard-of-hearing persons,
  170  or any other customer premises telecommunications equipment
  171  specifically designed or used to provide basic access to
  172  telecommunications services for a deaf, hard-of-hearing hearing
  173  impaired, speech-impaired speech impaired, or dual sensory
  174  impaired sensory impaired person.
  175         (12) “Surcharge” means an additional charge that which is
  176  to be paid by the subscribers of a local exchange
  177  telecommunications company or a commercial mobile radio service
  178  provider subscribers pursuant to the cost-recovery cost recovery
  179  mechanism established under s. 427.704(4) in order to implement
  180  the system described in this part herein.
  181         (13) “Telecommunications company” includes every
  182  corporation, partnership, and person and their lessees,
  183  trustees, or receivers appointed by any court whatsoever, and
  184  every political subdivision of the state, offering two-way
  185  telecommunications service to the public for hire within this
  186  state by the use of a telecommunications facility. The term
  187  “telecommunications company” does not include an entity that
  188  which provides a telecommunications facility exclusively to a
  189  certificated telecommunications company, but may include or a
  190  specialized mobile radio service operator, a private radio
  191  carrier, a radio common carrier, a cellular radio
  192  telecommunications carrier, or a cable television company
  193  providing cable service as defined in 47 U.S.C. s. 522.
  194         (16) “Telecommunications relay service” means any
  195  telecommunications transmission service that allows a person who
  196  is deaf, hard of hearing, impaired or speech impaired to
  197  communicate by wire, wireless, or radio in a manner that is
  198  functionally equivalent to the ability of a person who is not
  199  deaf, hard of hearing, impaired or speech impaired. The Such
  200  term includes any service that enables two-way communication
  201  between a person who uses a telecommunications device or other
  202  nonaudio nonvoice terminal device and a person who does not use
  203  such a device.
  204         Section 3. Subsection (1), paragraph (a) of subsection (3),
  205  and subsections (4) and (5) of section 427.704, Florida
  206  Statutes, are amended to read:
  207         427.704 Powers and duties of the commission.—
  208         (1) The commission shall establish, implement, promote, and
  209  oversee the administration of a statewide telecommunications
  210  access system to provide access to telecommunications relay
  211  services by persons who are deaf, hard of hearing, impaired or
  212  speech impaired, or others who communicate with them. The
  213  telecommunications access system must shall provide for the
  214  purchase and distribution of specialized telecommunications
  215  devices and the establishment of statewide single provider
  216  telecommunications relay service system that which operates
  217  continuously. In order to provide telecommunications relay
  218  services and distribute specialized telecommunication devices to
  219  persons who are deaf, hard of hearing, impaired or speech
  220  impaired, at a reasonable cost, the commission shall:
  221         (a) Investigate, conduct public hearings, and solicit the
  222  advice and counsel of the advisory committee established
  223  pursuant to s. 427.706 to determine the most cost-effective
  224  method for providing telecommunications relay service and
  225  distributing specialized telecommunications devices.
  226         (b) Ensure that users of the telecommunications relay
  227  service system pay rates no greater than the rates paid for
  228  functionally equivalent voice communication services with
  229  respect to such factors as duration of the call, time of day,
  230  and distance from the point of origination to the point of
  231  termination.
  232         (c) Ensure that the telecommunications access system
  233  protects the privacy of persons to whom services are provided
  234  and that all operators maintain the confidentiality of all relay
  235  service messages.
  236         (d) Ensure that the telecommunications relay service system
  237  complies with regulations adopted by the Federal Communications
  238  Commission to implement Title IV of the Americans with
  239  Disabilities Act.
  240         (3)(a) The commission shall select the provider of the
  241  telecommunications relay service pursuant to procedures
  242  established by the commission. In selecting the service
  243  provider, the commission shall take into consideration the cost
  244  of providing the relay service and the interests of the deaf,
  245  hard-of-hearing, hearing impaired and speech-impaired speech
  246  impaired community in having access to a high-quality and
  247  technologically advanced telecommunications system. The
  248  commission shall award the contract to the bidder whose proposal
  249  is the most advantageous to the state, taking into consideration
  250  the following:
  251         1. The appropriateness and accessibility of the proposed
  252  telecommunications relay service for the residents citizens of
  253  the state, including persons who are deaf, hard of hearing,
  254  impaired or speech impaired.
  255         2. The overall quality of the proposed telecommunications
  256  relay service.
  257         3. The charges for the proposed telecommunications relay
  258  service system.
  259         4. The ability and qualifications of the bidder to provide
  260  the proposed telecommunications relay service as outlined in the
  261  request for proposals.
  262         5. Any proposed service enhancements and technological
  263  enhancements that which improve service without significantly
  264  increasing cost.
  265         6. Any proposed inclusion of provision of assistance to
  266  deaf persons with special needs to access the basic
  267  telecommunications system.
  268         7. The ability to meet the proposed commencement date for
  269  the telecommunications relay service.
  270         8. All other factors listed in the request for proposals.
  271         (4)(a) The commission shall establish a mechanism to
  272  recover the costs of implementing and maintaining the services
  273  required pursuant to this part, which shall be applied to each
  274  basic telecommunications access line. In establishing the
  275  recovery mechanism, the commission shall:
  276         1. Require all local exchange telecommunications companies
  277  and commercial mobile radio service providers to impose a
  278  monthly surcharge on their all local exchange telecommunications
  279  company subscribers on an individual access line basis, except
  280  that such surcharge may shall not be imposed upon more than 25
  281  basic telecommunications access lines per account bill rendered.
  282         2. Require all local exchange telecommunications companies
  283  and commercial mobile radio service providers to include the
  284  surcharge as a part of the local service charge that appears on
  285  the customer’s bill, except that the local exchange
  286  telecommunications company or commercial mobile radio service
  287  provider shall specify the surcharge on the initial bill to the
  288  subscriber and itemize it at least once annually.
  289         3. Allow the local exchange telecommunications company or
  290  commercial mobile radio service provider to deduct and retain 1
  291  percent of the total surcharge amount collected each month to
  292  recover the billing, collecting, remitting, and administrative
  293  costs attributed to the surcharge.
  294         (b) The commission shall determine the amount of the
  295  surcharge based upon the amount of funding necessary to
  296  accomplish the purposes of this act and provide the services on
  297  an ongoing basis; however, in no case shall the amount may not
  298  exceed 25 cents per line per month.
  299         (c) All moneys received by the local exchange
  300  telecommunications company or commercial mobile radio service
  301  provider, less the amount retained as authorized by subparagraph
  302  (4)(a)3., shall be remitted to the administrator for deposit in
  303  appropriate financial institutions regulated under state or
  304  federal law and used exclusively to fund the telecommunications
  305  access system provided for in this part herein.
  306         (d) The surcharge collected by the local exchange
  307  telecommunications companies and commercial mobile radio service
  308  providers is not subject to any sales, use, franchise, income,
  309  municipal utility, gross receipts, or any other tax, fee, or
  310  assessment, and nor shall it is not be considered revenue of the
  311  local exchange telecommunications companies or commercial mobile
  312  radio service providers for any purpose.
  313         (e) From the date of implementing the surcharge, the
  314  commission shall review the amount of the surcharge at least
  315  annually and shall order changes in the amount of the surcharge
  316  as necessary to ensure assure available funds for the provision
  317  of the telecommunications access system established in this part
  318  herein. If Where the review of the surcharge determines that
  319  excess funds are available, the commission may order the
  320  suspension of the surcharge for a period that which the
  321  commission deems appropriate.
  322         (5) The commission shall require each local exchange
  323  telecommunications company and commercial mobile radio service
  324  provider to begin assessing and collecting the surcharge in the
  325  amount of 5 cents per access line per month on bills rendered on
  326  or after July 1, 2013 1991, for remission to the administrator
  327  for deposit in the operational fund. Each local exchange
  328  telecommunications company and commercial mobile radio service
  329  provider shall remit moneys collected to the administrator. On
  330  August 15, 2013 1991, each local exchange telecommunications
  331  company and commercial mobile radio service provider shall begin
  332  remitting the moneys collected to the administrator on a monthly
  333  basis and in a manner as prescribed by the commission. The
  334  administrator shall use such moneys to cover costs incurred
  335  during the development of the telecommunications relay services
  336  and to establish and administer the specialized
  337  telecommunications devices system.
  338         Section 4. Paragraph (d) of subsection (1), subsections (3)
  339  and (4), paragraph (a) of subsection (5), and subsections (6)
  340  and (7) of section 427.705, Florida Statutes, are amended to
  341  read:
  342         427.705 Administration of the telecommunications access
  343  system.—
  344         (1) Consistent with the provisions of this act and rules
  345  and regulations established by the commission, the administrator
  346  shall:
  347         (d) Establish and maintain an operational fund with
  348  appropriate financial institutions regulated under state or
  349  federal law, and receive moneys from the local exchange
  350  telecommunications companies and commercial mobile radio service
  351  providers and deposit such moneys in the operational fund.
  352         (3) The administrator may apply to the commission for an
  353  adjustment in the amount of the monthly surcharge that a local
  354  exchange telecommunications company or commercial mobile radio
  355  service provider must impose on its customers. Before Prior to
  356  applying to the commission for such an adjustment, the
  357  commission may require the administrator to employ an
  358  independent accounting firm to perform an audit of the accounts
  359  of the administrator and the service providers relevant to the
  360  surcharge and file a report with the commission.
  361         (4) In contracting for the provision of distribution of
  362  specialized telecommunications devices, outreach services, and
  363  training of recipients, the administrator shall consider
  364  contracting with organizations that provide services to persons
  365  who are deaf, hard of hearing, impaired or speech impaired.
  366         (5) The administrator shall provide for the distribution of
  367  specialized telecommunications devices to persons qualified to
  368  receive such equipment in accordance with the provisions of this
  369  act. The administrator shall establish procedures for the
  370  distribution of specialized telecommunications devices and shall
  371  solicit the advice and counsel and consider the recommendations
  372  of the advisory committee in establishing such procedures. The
  373  procedures must shall:
  374         (a) Provide for certification of persons as deaf, hard of
  375  hearing impaired, speech impaired, or dual sensory impaired.
  376  Such certification process must shall include a statement
  377  attesting to such impairment by a licensed physician,
  378  audiologist, speech-language pathologist, hearing aid
  379  specialist, or deaf and hard-of-hearing service center director;
  380  by a state-certified teacher of the deaf and hard of hearing
  381  impaired; by a state-certified teacher of the visually impaired;
  382  or by an appropriate state or federal agency. The licensed
  383  physician, audiologist, speech-language pathologist, hearing aid
  384  specialist, state-certified teacher of the deaf and hard of
  385  hearing impaired, or state-certified teacher of the visually
  386  impaired providing statements that which attest to such
  387  impairments shall work within their individual scopes of
  388  practice according to their education and training. The deaf and
  389  hard-of-hearing service center directors and appropriate state
  390  and federal agencies shall attest to such impairments as
  391  provided for in the procedures developed by the administrator.
  392         (6) All names, addresses, and telephone numbers provided to
  393  the Florida Public Service commission or administrator by
  394  applicants for specialized telecommunications devices are
  395  confidential and exempt from the provisions of s. 119.07(1). The
  396  information shall be released to contractors only to the extent
  397  necessary for assignment and shipment of equipment, for
  398  provision of training in the use of equipment, and for inventory
  399  reconciliation purposes. Neither The administrator or any
  400  contractor may not shall release this information or nor use it
  401  for any other purpose.
  402         (7) The administrator shall assume responsibility for
  403  distribution of specialized telecommunications devices,
  404  including wireless mobile devices.
  405         Section 5. Subsections (1) and (2) of section 427.706,
  406  Florida Statutes, are amended to read:
  407         427.706 Advisory committee.—
  408         (1) The commission shall appoint an advisory committee to
  409  assist the commission with the administration implementation of
  410  the provisions of this part. The committee shall be composed of
  411  no more than 11 10 persons and shall include, to the extent
  412  practicable, the following:
  413         (a) Two deaf persons recommended by the Florida Association
  414  of the Deaf.
  415         (b) Two hard-of-hearing persons One hearing impaired person
  416  recommended by the Hearing Loss Association of Florida Self-Help
  417  for the Hard of Hearing.
  418         (c) One deaf and blind person recommended by the Florida
  419  Deaf-Blind Association Coalition for Persons with Dual Sensory
  420  Disabilities.
  421         (d) One speech impaired person recommended by the Florida
  422  Language Speech and Hearing Association.
  423         (e) Three Two representatives of telecommunications
  424  companies.
  425         (f) One person who has with experience in providing relay
  426  services recommended by the Deaf Service Center Association.
  427         (g) One person recommended by Disability Rights Florida the
  428  Advocacy Center for Persons with Disabilities, Inc.
  429         (h) One person recommended by the Florida League of
  430  Seniors.
  431         (2) The advisory committee shall provide the expertise,
  432  experience, and perspective of persons who are deaf, hard of
  433  hearing, impaired or speech impaired to the commission and to
  434  the administrator during all phases of the development and
  435  operation of the telecommunications access system. The advisory
  436  committee shall advise the commission and the administrator on
  437  the quality and cost-effectiveness of the telecommunications
  438  relay service and the specialized telecommunications devices
  439  distribution system. The advisory committee may submit material
  440  for inclusion in the annual report prepared pursuant to s.
  441  427.704.
  442         Section 6. Section 427.708, Florida Statutes, is amended to
  443  read:
  444         427.708 Certain public safety and health care providers
  445  required to purchase and operate TDD’s or other appropriate
  446  telecommunications devices.—
  447         (1) The central communications office of each county
  448  sheriff’s department shall purchase and continually operate at
  449  least one TDD or other appropriate telecommunications device.
  450         (2)(a) The central communications office of each police
  451  department and each firefighting agency in a municipality with a
  452  population of 25,000 to 250,000 shall purchase and continually
  453  operate at least one TDD or other appropriate telecommunications
  454  device.
  455         (b) The central communications office of each police
  456  department and each firefighting agency in a municipality with a
  457  population exceeding 250,000 persons shall purchase and
  458  continually operate at least two TDD’s or other appropriate
  459  telecommunications devices.
  460         (3) Each hospital as defined in s. 395.002 shall purchase
  461  and continually operate at least one TDD or other appropriate
  462  telecommunications device.
  463         (4) Each emergency telephone number “911” system, as
  464  provided in s. 365.171, and each agency receiving automatically
  465  routed calls through such a system shall purchase and
  466  continually operate at least one TDD or other appropriate
  467  telecommunications device.
  468         (5) Each public safety office, health care provider, and
  469  emergency telephone number “911” system required to obtain a TDD
  470  or other appropriate telecommunications device pursuant to this
  471  section shall continuously operate and staff such equipment on a
  472  24-hour basis.
  473         (6) Each office or organization required to purchase TDD’s
  474  or other appropriate telecommunications devices pursuant to this
  475  section shall buy such equipment that which meets the same
  476  specifications as those selected by the commission.
  477         (7) Each office or organization required to operate TDD’s
  478  or other appropriate telecommunications devices pursuant to this
  479  section shall utilize equipment in accordance with standards
  480  established by the commission.
  481         (8) The Public Service Commission shall ensure on an annual
  482  basis that public safety and health care providers are in
  483  compliance with this section and shall submit a report that
  484  includes its findings to the advisory committee established
  485  under s. 427.706.
  486         Section 7. This act shall take effect July 1, 2013.