1 | A bill to be entitled |
2 | An act relating to Lifeline telecommunications service; |
3 | amending s. 364.10, F.S.; authorizing any commercial |
4 | mobile radio service provider designated as an eligible |
5 | telecommunications carrier to offer Lifeline services; |
6 | authorizing the Department of Children and Family |
7 | Services, the Department of Education, the Public Service |
8 | Commission, and the Office of Public Counsel to exchange |
9 | certain information with eligible telecommunications |
10 | carriers and certain commercial mobile radio service |
11 | providers so the carriers and providers can identify and |
12 | enroll an eligible person in the Lifeline and Link-Up |
13 | programs; maintaining confidentiality of the information; |
14 | requiring that the commission, the Department of Children |
15 | and Family Services, the Office of Public Counsel, and |
16 | each eligible telecommunications carrier convene a |
17 | Lifeline Workgroup by a specified date; providing an |
18 | effective date. |
19 |
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20 | Be It Enacted by the Legislature of the State of Florida: |
21 |
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22 | Section 1. Paragraphs (a) and (h) of subsection (3) of |
23 | section 364.10, Florida Statutes, are amended to read: |
24 | 364.10 Undue advantage to person or locality prohibited; |
25 | Lifeline service.- |
26 | (3)(a) Each local exchange telecommunications company that |
27 | has more than 1 million access lines and that is designated as |
28 | an eligible telecommunications carrier shall, and any commercial |
29 | mobile radio service provider designated as an eligible |
30 | telecommunications carrier pursuant to 47 U.S.C. s. 214(e) may, |
31 | upon filing a notice of election to do so with the commission, |
32 | provide Lifeline service to any otherwise eligible customer or |
33 | potential customer who meets an income eligibility test at 150 |
34 | percent or less of the federal poverty income guidelines for |
35 | Lifeline customers. Such a test for eligibility must augment, |
36 | rather than replace, the eligibility standards established by |
37 | federal law and based on participation in certain low-income |
38 | assistance programs. Each intrastate interexchange |
39 | telecommunications company shall file or publish a schedule |
40 | providing at a minimum the intrastate interexchange |
41 | telecommunications carrier's current Lifeline benefits and |
42 | exemptions to Lifeline customers who meet the income eligibility |
43 | test set forth in this subsection. The Office of Public Counsel |
44 | shall certify and maintain claims submitted by a customer for |
45 | eligibility under the income test authorized by this subsection. |
46 | (h)1. By December 31, 2010 2007, each state agency that |
47 | provides benefits to persons eligible for Lifeline service shall |
48 | undertake, in cooperation with the Department of Children and |
49 | Family Services, the Department of Education, the commission, |
50 | the Office of Public Counsel, and telecommunications companies |
51 | designated eligible telecommunications carriers providing |
52 | Lifeline services, the development of procedures to promote |
53 | Lifeline participation. The departments, the commission, and the |
54 | Office of Public Counsel may exchange sufficient information |
55 | with the appropriate eligible telecommunications carriers and |
56 | any commercial mobile radio service provider electing to provide |
57 | Lifeline service under paragraph (a), such as a person's name, |
58 | date of birth, service address, and telephone number, so that |
59 | the carriers can identify and enroll an eligible person in the |
60 | Lifeline and Link-Up programs. The information remains |
61 | confidential pursuant to s. 364.107 and may only be used for |
62 | purposes of determining eligibility and enrollment in the |
63 | Lifeline and Link-Up programs. |
64 | 2. If any state agency determines that a person is |
65 | eligible for Lifeline services, the agency shall immediately |
66 | forward the information to the commission to ensure that the |
67 | person is automatically enrolled in the program with the |
68 | appropriate eligible telecommunications carrier. The state |
69 | agency shall include an option for an eligible customer to |
70 | choose not to subscribe to the Lifeline service. The Public |
71 | Service Commission and the Department of Children and Family |
72 | Services shall, no later than December 31, 2007, adopt rules |
73 | creating procedures to automatically enroll eligible customers |
74 | in Lifeline service. |
75 | 3. By December 31, 2010, the commission, the Department of |
76 | Children and Family Services, and the Office of Public Counsel, |
77 | and each eligible telecommunications carrier offering Lifeline |
78 | and Link-Up services shall convene a Lifeline Workgroup to |
79 | discuss how the eligible subscriber information in subparagraph |
80 | 1. will be shared, the obligations of each party with respect to |
81 | the use of that information, and the procedures to be |
82 | implemented to verify eligibility in these programs shall enter |
83 | into a memorandum of understanding establishing the respective |
84 | duties of the commission, the department, and the public counsel |
85 | with respect to the automatic enrollment procedures no later |
86 | than December 31, 2007. |
87 | Section 2. This act shall take effect July 1, 2010. |