Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1018
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Governmental Oversight and Accountability
       (Bean) recommended the following:
    1         Senate Amendment (with title amendment)
    2         Delete everything after the enacting clause
    3  and insert:
    4         Section 1. Section 364.10, Florida Statutes, is amended to
    5  read:
    6         364.10 Lifeline service.—
    7         (1)(a) An eligible telecommunications carrier shall provide
    8  a Lifeline Assistance Plan to qualified residential subscribers,
    9  as defined in the eligible telecommunications carrier’s
   10  published schedules. For the purposes of this section, the term
   11  “eligible telecommunications carrier” means a telecommunications
   12  company, as defined by s. 364.02, which is designated as an
   13  eligible telecommunications carrier by the commission pursuant
   14  to 47 C.F.R. s. 54.201. Notwithstanding the provision of s.
   15  364.011 that exempts certain commercial mobile radio service
   16  providers from commission oversight, the term “eligible
   17  telecommunications carrier” includes any commercial mobile radio
   18  service provider designated by the commission pursuant to 47
   19  C.F.R. s. 54.201 and the commission is authorized to make such a
   20  designation, upon petition, for the limited purpose of providing
   21  Lifeline service.
   22         (b) An eligible telecommunications carrier must shall offer
   23  a consumer who applies for or receives Lifeline service the
   24  option of blocking all toll calls or, if technically capable,
   25  placing a limit on the number of toll calls a consumer can make.
   26  The eligible telecommunications carrier may not charge the
   27  consumer an administrative charge or other additional fee for
   28  blocking the service.
   29         (c) An eligible telecommunications carrier may not collect
   30  a service deposit in order to initiate Lifeline service if the
   31  qualifying low-income consumer voluntarily elects toll blocking
   32  or toll limitation. If the qualifying low-income consumer elects
   33  not to place toll blocking on the line, an eligible
   34  telecommunications carrier may charge a service deposit.
   35         (d) An eligible telecommunications carrier may not charge
   36  Lifeline subscribers a monthly number-portability charge.
   37         (e)1. An eligible telecommunications carrier must notify a
   38  Lifeline subscriber of impending termination of Lifeline service
   39  if the company has a reasonable basis for believing that the
   40  subscriber no longer qualifies for such service. Notification of
   41  pending termination must be in the form of a letter that is
   42  separate from the subscriber’s bill.
   43         2. An eligible telecommunications carrier shall allow a
   44  subscriber 60 days following the date of the pending termination
   45  letter to demonstrate continued eligibility. The subscriber must
   46  present proof of continued eligibility upon request of the
   47  eligible telecommunications carrier. An eligible
   48  telecommunications carrier may transfer a subscriber off of
   49  Lifeline service, pursuant to its tariff, if the subscriber
   50  fails to demonstrate continued eligibility.
   51         3. The commission shall establish procedures for such
   52  notification and termination.
   53         (f) An eligible telecommunications carrier must shall
   54  timely credit a consumer’s bill with the Lifeline Assistance
   55  credit as soon as practicable, but no later than 60 days
   56  following receipt of notice of eligibility from the Office of
   57  Public Counsel or proof of eligibility from the consumer.
   58         (2)(a) An Each local exchange telecommunications company
   59  that has more than 1 million access lines and that is designated
   60  as an eligible telecommunications carrier, including shall, and
   61  any commercial mobile radio service provider designated as an
   62  eligible telecommunications carrier pursuant to 47 U.S.C. s.
   63  214(e) may, upon filing a notice of election to do so with the
   64  commission, provide Lifeline service to any otherwise eligible
   65  customer or potential customer who meets an income eligibility
   66  test at 135 150 percent or less of the federal poverty income
   67  guidelines for Lifeline customers. Such a test for eligibility
   68  must augment, rather than replace, the eligibility standards
   69  established by federal law and based on participation in certain
   70  low-income assistance programs. Each intrastate interexchange
   71  telecommunications company shall file or publish a schedule
   72  providing at a minimum the intrastate interexchange
   73  telecommunications company’s current Lifeline benefits and
   74  exemptions to Lifeline customers who meet the income eligibility
   75  test set forth in this subsection. The Office of Public Counsel
   76  shall certify and maintain claims submitted by a customer for
   77  eligibility under the income test authorized by this subsection.
   78         (b) Each eligible telecommunications carrier subject to
   79  this subsection must shall provide to each state and federal
   80  agency providing benefits to persons eligible for Lifeline
   81  service applications, brochures, pamphlets, or other materials
   82  that inform the persons of their eligibility for Lifeline, and
   83  each state agency providing the benefits shall furnish the
   84  materials to affected persons at the time they apply for
   85  benefits.
   86         (c) An eligible telecommunications carrier may not
   87  discontinue basic local telecommunications service to a
   88  subscriber who receives Lifeline service because of nonpayment
   89  by the subscriber of charges for nonbasic services billed by the
   90  telecommunications company, including, but not limited to, long
   91  distance service. A subscriber who receives Lifeline service
   92  must shall pay all applicable basic local telecommunications
   93  service fees, including the subscriber line charge, E-911,
   94  telephone relay system charges, and applicable state and federal
   95  taxes.
   96         (d) An eligible telecommunications carrier may not refuse
   97  to connect, reconnect, or provide Lifeline service because of
   98  unpaid toll charges or nonbasic charges other than basic local
   99  telecommunications service.
  100         (e) An eligible telecommunications carrier may require that
  101  payment arrangements be made for outstanding debt associated
  102  with basic local telecommunications service, subscriber line
  103  charges, E-911, telephone relay system charges, and applicable
  104  state and federal taxes.
  105         (f) An eligible telecommunications carrier may block a
  106  Lifeline service subscriber’s access to all long-distance
  107  service, except for toll-free numbers, and may block the ability
  108  to accept collect calls if when the subscriber owes an
  109  outstanding amount for long-distance service or amounts
  110  resulting from collect calls. However, the eligible
  111  telecommunications carrier may not impose a charge for blocking
  112  long-distance service. The eligible telecommunications carrier
  113  shall remove the block at the request of the subscriber without
  114  additional cost to the subscriber upon payment of the
  115  outstanding amount. An eligible telecommunications carrier may
  116  charge a service deposit before removing the block.
  117         (g)1. By December 31, 2010, Each state agency that provides
  118  benefits to persons eligible for Lifeline service shall
  119  undertake, in cooperation with the Department of Children and
  120  Families, the Department of Education, the commission, the
  121  Office of Public Counsel, and telecommunications companies
  122  designated eligible telecommunications carriers providing
  123  Lifeline services, the development of procedures to promote
  124  Lifeline participation. The department departments, the
  125  commission, and the Office of Public Counsel may exchange
  126  sufficient information with the appropriate eligible
  127  telecommunications carriers or the Federal Communications
  128  Commission, or its designee and any commercial mobile radio
  129  service provider electing to provide Lifeline service under
  130  paragraph (a), such as a person’s name, date of birth, service
  131  address, and telephone number, so that eligible customers the
  132  carriers can be enrolled identify and enroll an eligible person
  133  in the Lifeline and Link-Up programs. The information remains
  134  confidential pursuant to s. 364.107 and may only be used for
  135  purposes of determining eligibility and enrollment in the
  136  Lifeline and Link-Up programs.
  137         2. If any state agency determines that a person is eligible
  138  for Lifeline services, the agency shall immediately forward the
  139  information to the commission to ensure that the person is
  140  automatically enrolled in the program with the appropriate
  141  eligible telecommunications carrier. The state agency shall
  142  include an option for an eligible customer to choose not to
  143  subscribe to the Lifeline service. The Public Service Commission
  144  and the Department of Children and Families shall, no later than
  145  December 31, 2007, adopt rules creating procedures to
  146  automatically enroll eligible customers in Lifeline service.
  147         3. By December 31, 2010, The commission, the Department of
  148  Children and Families, the Office of Public Counsel, and each
  149  eligible telecommunications carrier offering Lifeline and Link
  150  Up services shall convene a Lifeline Workgroup to discuss how
  151  the eligible subscriber information in subparagraph 1. will be
  152  shared, the obligations of each party with respect to the use of
  153  that information, and the procedures to be implemented to
  154  increase enrollment and verify eligibility in these programs.
  155         (h) The commission shall report to the Governor, the
  156  President of the Senate, and the Speaker of the House of
  157  Representatives by December 31 each year on the number of
  158  customers who are subscribing to Lifeline service and the
  159  effectiveness of any procedures to promote participation.
  160         (i) The commission may undertake appropriate measures to
  161  inform low-income consumers of the availability of the Lifeline
  162  and Link-Up programs.
  163         (j) The commission shall adopt rules to administer this
  164  section.
  165         Section 2. Subsection (2) of section 364.107, Florida
  166  Statutes, is amended to read:
  167         364.107 Public records exemption; Lifeline Assistance Plan
  168  participants.—
  169         (2) Information made confidential and exempt under
  170  subsection (1) may be released to the applicable
  171  telecommunications carrier, the Federal Communications
  172  Commission, or the Federal Communications Commission designee
  173  for purposes directly connected with eligibility for,
  174  verification related to, or auditing of a Lifeline Assistance
  175  Plan.
  176         Section 3. This act shall take effect upon becoming law.
  178  ================= T I T L E  A M E N D M E N T ================
  179  And the title is amended as follows:
  180         Delete everything before the enacting clause
  181  and insert:
  182                        A bill to be entitled                      
  183         An act relating to designation of eligible
  184         telecommunications carriers; amending s. 364.10, F.S.;
  185         revising the term “eligible telecommunications
  186         carrier”; authorizing the Public Service Commission to
  187         designate any commercial mobile radio service provider
  188         as an eligible telecommunications carrier for the
  189         purpose of providing Lifeline service; deleting a
  190         provision requiring carriers to allow subscribers to
  191         demonstrate continued eligibility for Lifeline service
  192         under certain conditions; requiring subscribers to
  193         furnish proof of eligibility upon request from
  194         carrier; revising the carriers that may provide
  195         Lifeline service; revising Lifeline service
  196         eligibility; deleting obsolete provisions; revising
  197         the entities with which the commission may exchange
  198         certain information; amending s. 364.107, F.S.;
  199         revising the entities to which certain information
  200         relating to Lifeline service eligibility may be
  201         released; providing an effective date.