Senate Bill sb0558

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    Florida Senate - 2004                                   SB 558

    By Senator Bennett





    21-604-04

  1                      A bill to be entitled

  2         An act relating to automated telephone

  3         answering systems; creating s. 282.108, F.S.;

  4         providing legislative intent with respect to

  5         automated telephone answering systems operated

  6         by state agencies; defining terms; requiring

  7         that each state agency provide an alternative

  8         menu option on each automated telephone

  9         answering system to allow the public to talk to

10         an agency employee during normal business

11         hours; providing exceptions for telephone calls

12         received after business hours and on weekends;

13         providing for dates of implementation by state

14         agencies; prohibiting a state employee from

15         using an automated telephone answering system

16         except under specified circumstances; requiring

17         the State Technology Office to ensure the

18         proper administration of automated answering

19         systems by state agencies; requiring the State

20         Technology Office to adopt rules; requiring

21         reports to the Governor and Legislature;

22         repealing s. 110.1082, F.S., relating to

23         telephone voice mail systems and telephone menu

24         options system; providing an effective date.

25  

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

27  

28         Section 1.  Section 282.108, Florida Statutes, is

29  created to read:

30         282.108  State agency automated telephone answering

31  systems.--

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    Florida Senate - 2004                                   SB 558
    21-604-04




 1         (1)  The Legislature finds that:

 2         (a)  State agencies are appropriately concerned about

 3  making information accessible to the public and maintaining

 4  high standards of customer service. Nevertheless, while many

 5  state agencies use automated telephone answering systems to

 6  decrease costs and increase efficiency, there are times when

 7  it is important that an employee rather than an automated

 8  system answer the telephone at a state agency.

 9         (b)  The people of this state, including business

10  owners, visitors, and legislators, have expressed concern that

11  some state agencies improperly rely on voice mail and other

12  automated telephone answering systems to screen calls and

13  direct callers. Some telephone systems operated by state

14  agencies require callers to proceed through several menus in

15  order to finally reach an individual extension, which is an

16  arrangement that can be intimidating to the caller. Many state

17  telephone systems also make it difficult to reach an attendant

18  or operator at the agency. As a consequence, individuals who

19  call a state agency become frustrated in their attempts to

20  obtain information and are trapped in a voice-mail loop.

21         (c)  While automated telephone systems and voice mail

22  are intended to improve efficiency, the first duty of state

23  government is to serve the people, and efficiency should not

24  impede the average member of the public in attempting to

25  contact a state agency for service or information.

26         (2)  As used in this section, the term:

27         (a)  "Automated telephone answering system" or

28  "interactive voice response" means a software application that

29  accepts a combination of voice telephone input and touch-tone

30  keypad selection and provides appropriate responses in the

31  

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    Florida Senate - 2004                                   SB 558
    21-604-04




 1  form of a voice, fax, callback, e-mail, and other media

 2  response.

 3         (b)  "Menu" means the first point in the telephone call

 4  at which the caller is asked to choose from two or more

 5  options, regardless of whether that choice is referred to as a

 6  menu, router, or other term within the telephone industry.

 7         (3)(a)  Each state agency shall make available, as an

 8  interactive voice response system or an automated telephone

 9  answering system caller menu option, the option of promptly

10  reaching an agency employee who is trained to answer basic

11  inquiries or otherwise direct the caller to someone

12  appropriate to respond to the caller's request for

13  information. Each agency shall allocate a minimum of two

14  telephone lines to handle its responsibilities under this

15  section and shall monitor on-hold times, with the goal of an

16  average response time of 5 minutes or less.

17         (b)  Paragraph (a) applies to telephone calls received

18  by each state agency during its regular hours of operation.

19  After normal business hours, or on weekends and holidays, the

20  agency may rely exclusively upon an interactive voice response

21  system or an automated telephone answering system.

22         (c)1.  Each state agency that uses an interactive voice

23  response system or automated telephone answering system on any

24  incoming telephone system accessible by the public shall, by

25  January 1, 2005, reprogram the system's menus to comply with

26  paragraphs (a) and (b).

27         2.  After January 1, 2005, a state agency may not

28  install or up-grade a telephone system with an interactive

29  voice response system or telephone answering system on any

30  incoming telephone system accessible by the public unless it

31  complies with paragraphs (a) and (b).

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    Florida Senate - 2004                                   SB 558
    21-604-04




 1         (d)  This subsection does not apply to any "511"

 2  traveler information system operated by the Department of

 3  Transportation.

 4         (4)  A state employee may not use an automated

 5  telephone answering system when the employee is at his or her

 6  regularly assigned work station if his or her telephone is

 7  functional and available for use, unless:

 8         (a)  The telephone is in use;

 9         (b)  The automated telephone answering system provides

10  the caller the option of promptly reaching an agency employee

11  who can direct the caller to someone appropriate to respond to

12  the caller's request; or

13         (c)  The automated telephone answering system

14  automatically transfers the caller to someone appropriate to

15  respond to the caller's request.

16         (5)  The State Technology Office shall:

17         (a)  Adopt rules to establish standards for employees

18  answering telephones and require that automated telephone

19  answering systems provide the caller with the option of

20  promptly reaching an agency employee during the first part of

21  the automated menu;

22         (b)  Ensure that each agency establishes or adopts an

23  internal procedure for answering telephone calls placed to the

24  agency during its regular business hours which complies with

25  the requirements of this section;

26         (c)  Report to the Governor, the President of the

27  Senate, and the Speaker of the House of Representatives by

28  January 1, 2005, on the standards adopted under paragraph (a);

29  and

30         (d)  Report to the Governor, the President of the

31  Senate, and the Speaker of the House of Representatives by

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    Florida Senate - 2004                                   SB 558
    21-604-04




 1  July 1, 2005, on the progress state agencies have made in

 2  reducing reliance on automated telephone answering systems as

 3  required by this section.

 4         Section 2.  This act shall be implemented by state

 5  agencies using existing personnel and within existing

 6  resources.

 7         Section 3.  Section 110.1082, Florida Statutes, is

 8  repealed.

 9         Section 4.  This act shall take effect upon becoming a

10  law.

11  

12            *****************************************

13                          SENATE SUMMARY

14    Provides legislative intent with respect to automated
      telephone answering systems. Requires each state agency
15    to provide a menu option on each automated telephone
      answering system to allow the public to talk to an agency
16    employee during normal business hours. Provides
      exceptions for telephone calls received after business
17    hours and on weekends. Provides that state employees may
      not use an automated telephone answering system except
18    under specified circumstances. Provides dates for
      implementing the act. Requires the State Technology
19    Office to adopt rules to implement the system. Provides
      for reports to the Governor and the Legislature.
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