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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1008

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senators Casas and Lee moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 11, between lines 25 and 26,

15

16  insert:

17         Section 4.  Effective July 1, 1999, section 364.0252,

18  Florida Statutes, 1998 Supplement, is amended to read:

19         364.0252  Expansion of consumer information programs;

20  customer assistance; rulemaking authority.--By January 1,

21  1999, The Florida Public Service Commission shall expand its

22  current consumer information program to inform consumers of

23  their rights as customers of competitive telecommunications

24  services and shall assist customers in resolving any billing

25  and service disputes that customers are unable to resolve

26  directly with the company. The commission may, pursuant to

27  this program, require all telecommunications companies

28  providing local or long distance telecommunications services

29  to develop and provide information to customers. The

30  commission may specify by rule the types of information to be

31  developed and the manner by which the information will be

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1008

    Amendment No.    





 1  provided to the customers. The Florida Public Service

 2  Commission shall undertake a comprehensive and ongoing effort

 3  to inform consumers regarding how to protect themselves in a

 4  competitive telecommunications market.  Of specific concern

 5  are informing consumers concerning the availability of the

 6  Lifeline and Link-Up Programs for low-income households and

 7  alerting consumers to how they can avoid having their service

 8  changed or unauthorized charges added to their telephone

 9  bills.

10         Section 5.  Subsection (2) of section 364.24, Florida

11  Statutes, is amended to read:

12         364.24  Penalty for making telephone message or

13  customer account information known.--

14         (2)  Any officer or person in the employ of any

15  telecommunications company shall not intentionally disclose

16  customer account records except as authorized by the customer

17  or as necessary for billing purposes, or required by subpoena,

18  court order, other process of court, or as otherwise allowed

19  by law.  Any person who violates any provision of this section

20  commits a misdemeanor of the second degree, punishable as

21  provided in s. 775.082 or s. 775.083. Nothing herein precludes

22  disclosure of customers' names, addresses, or telephone

23  numbers to the extent they are otherwise publicly available.

24  Nothing herein precludes a telecommunications company from

25  making available to its customers a customer's own customer

26  account record through telephonic means.

27         Section 6.  Subsection (8) is added to section 240.311,

28  Florida Statutes, 1998 Supplement, to read:

29         240.311  State Board of Community Colleges; powers and

30  duties.--

31         (8)(a)  The State Board of Community Colleges is

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1008

    Amendment No.    





 1  authorized to develop and produce work products which relate

 2  to mechanisms to provide for consolidated and coordinated

 3  program development and educational endeavors to support

 4  distance learning instruction which are subject to trademark,

 5  copyright, or patent statutes.  To this end, the board shall

 6  consider the relative contribution by the personnel employed

 7  in the development of such work products and shall enter into

 8  binding agreements with such personnel, organizations,

 9  corporations, or government entities, which agreements shall

10  establish the percentage of ownership of such trademarks,

11  copyrights, or patents.  Any other law to the contrary

12  notwithstanding, the board is authorized in its own name to:

13         1.  Perform all things necessary to secure letters of

14  patent, copyrights, and trademarks on any such work products

15  and to enforce its rights therein.

16         2.  License, lease, assign, or otherwise give written

17  consent to any person, firm, or corporation for the

18  manufacture or use thereof on a royalty basis or for such

19  other consideration as the board deems proper.

20         3.  Take any action necessary, including legal action,

21  to protect the same against improper or unlawful use or

22  infringement.

23         4.  Enforce the collection of any sums due the board

24  for the manufacture or use thereof by any other party.

25         5.  Sell any such work products and execute all

26  instruments necessary to consummate any such sale.

27         6.  Perform all other acts necessary and proper for the

28  execution of powers and duties provided by this paragraph.

29

30  Any proceeds therefrom shall be deposited and expended by a

31  Florida not-for-profit corporation, incorporated under the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1008

    Amendment No.    





 1  provisions of chapter 617 and approved by the Department of

 2  State, to be used as directed by the board to pay the cost of

 3  producing and disseminating educational materials and products

 4  to carry out the intent of this act.  Any action taken by the

 5  board in securing or exploiting such trademarks, copyrights,

 6  or patents shall, within 30 days, be reported by the board to

 7  the Department of State.

 8         (b)  The board is authorized to publish, produce, or

 9  have produced materials and products and shall make them

10  readily available for appropriate use in the state system of

11  education. The board is authorized to charge an amount

12  adequate to cover the essential cost of producing and

13  disseminating such materials and products in the state system

14  of education and is authorized to sell copies for educational

15  use to nonpublic schools in the state and to the public.

16         (c)  Any Florida not-for-profit corporation receiving

17  funds pursuant to this section shall make provisions for an

18  annual postaudit of its financial accounts to be conducted by

19  an independent certified public accountant in accordance with

20  rules to be adopted by the board.  The annual audit report

21  shall be submitted to the Auditor General and the board for

22  review.  The board and the Auditor General shall have the

23  authority to require and receive from the organization or from

24  its independent auditor any detail or supplemental data

25  relative to the operation of the organization.

26         Section 7.  Section 241.001, Florida Statutes, is

27  created to read:

28         241.001  Definitions.--As used in ss. 241.001-241.004,

29  the term:

30         (1)  "Advanced telecommunications services" means

31  network-based or wireless services that provide additional

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1008

    Amendment No.    





 1  communications capabilities enabling the use of applications

 2  such as distance learning, video conferencing, data

 3  communications, and access to Internet.

 4         (2)  "Department" means the Department of Education.

 5         (3)  "Eligible facilities" includes all approved

 6  campuses and instructional centers of all public universities,

 7  public community colleges, area technical centers, public

 8  elementary schools, middle schools, and high schools,

 9  including school administrative offices, public libraries,

10  teaching hospitals, the research institute described in s.

11  240.512, and rural public hospitals as defined in s. 395.602.

12  If no rural public hospital exists in a community, the public

13  health clinic that is responsible for individuals before they

14  can be transferred to a regional hospital shall be considered

15  eligible.

16         Section 8.  Section 241.002, Florida Statutes, is

17  created to read:

18         241.002  Duties of the Department of Education.--The

19  duties of the Department of Education concerning distance

20  learning include, but are not limited to, the duty to:

21         (1)  Facilitate the implementation of a statewide

22  coordinated system and resource system for cost-efficient

23  advanced telecommunications services and distance education

24  which will increase overall student access to education.

25         (2)  Coordinate the use of existing resources,

26  including, but not limited to, the state's satellite

27  transponders on the education satellites, the SUNCOM Network,

28  the Florida Information Resource Network (FIRN), the

29  Department of Management Services, the Department of

30  Corrections, and the Department of Children and Family

31  Services' satellite communication facilities to support a

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1008

    Amendment No.    





 1  statewide advanced telecommunications services and distance

 2  learning network.

 3         (3)  Assist in the coordination of the utilization of

 4  the production and uplink capabilities available through

 5  Florida's public television stations, eligible facilities,

 6  independent colleges and universities, private firms, and

 7  others as needed.

 8         (4)  Seek the assistance and cooperation of Florida's

 9  cable television providers in the implementation of the

10  statewide advanced telecommunications services and distance

11  learning network.

12         (5)  Seek the assistance and cooperation of Florida's

13  telecommunications carriers to provide affordable student

14  access to advanced telecommunications services and to distance

15  learning.

16         (6)  Coordinate partnerships for development,

17  acquisition, use, and distribution of distance learning.

18         (7)  Secure and administer funding for programs and

19  activities for distance learning from federal, state, local,

20  and private sources and from fees derived from services and

21  materials.

22         (8)  Manage the state's satellite transponder resources

23  and enter into lease agreements to maximize the use of

24  available transponder time.  All net revenue realized through

25  the leasing of available transponder time, after deducting the

26  costs of performing the management function, shall be recycled

27  to support the public education distance learning in this

28  state based upon an allocation formula of one-third to the

29  Department of Education, one-third to the State Board of

30  Community Colleges, and one-third to the State University

31  System.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1008

    Amendment No.    





 1         (9)  Hire appropriate staff which may include a

 2  position that shall be exempt from part II of chapter 110 and

 3  is included in the Senior Management Service in accordance

 4  with s. 110.205.

 5

 6  Nothing in ss. 241.001-241.004 shall be construed to abrogate,

 7  supersede, alter, or amend the powers and duties of any state

 8  agency, district school board, community college board of

 9  trustees, the State Board of Community Colleges, or the Board

10  of Regents.

11         Section 9.  Section 241.003, Florida Statutes, is

12  created to read:

13         241.003  The Florida Distance Learning Network Advisory

14  Council; creation; membership; organization; meetings.--

15         (1)  The Florida Distance Learning Network Advisory

16  Council is created in the Department of Education to advise

17  and assist the department in carrying out its duties relating

18  to distance learning.

19         (a)  Composition.--The advisory council, to be

20  appointed by and serve at the pleasure of the Commissioner of

21  Education, shall not exceed 13 members, selected from the

22  various entities who have interests in distance learning, and

23  who are, when possible, leading members of statewide or

24  regional organizations representing institutional consumers

25  and providers so as to establish a broadly based and

26  representative distance learning advisory council.

27         (b)  Representation.--The organizations represented on

28  the advisory council may include, but are not limited to,

29  public and private elementary and secondary schools; public

30  and private postsecondary institutions, including vocational

31  and technical centers; state agencies; libraries; the health

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1008

    Amendment No.    





 1  care community, including urban, rural, and teaching

 2  hospitals; the cable telecommunications industry; the local

 3  exchange telecommunications industry; and the interexchange

 4  industry.  Two members shall be the Chancellor of the State

 5  University System or the chancellor's designee and the

 6  Executive Director of the Florida Community College System or

 7  the executive director's designee.  One member may be a lay

 8  citizen.

 9         (c)  Organization, procedure, and compensation.--

10         1.  The advisory council shall meet at least annually.

11         2.  The advisory council shall elect a chair, a

12  vice-chair, and a secretary from its membership for 1-year

13  terms.  Officers may be reelected.

14         3.  The advisory council shall meet at the call of its

15  chair, at the request of the majority of its membership, the

16  commissioner, or at such times as its membership prescribes.

17         (2)  The advisory council may study and recommend to

18  the department concerning:

19         (a)  A marketing program statewide, nationally, and

20  internationally, as deemed appropriate.

21         (b)  The recipients of the Educational Technology Grant

22  Program provided in s. 241.004.

23         (c)  Suggested legislation concerning distance

24  learning.

25         (d)  Any other issue regarding distance learning that

26  the council deems appropriate.

27         (3)  The department shall provide administrative and

28  support services to the advisory council.

29         Section 10.  Section 241.004, Florida Statutes, is

30  created to read:

31         241.004  Educational Technology Grant Program.--

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1008

    Amendment No.    





 1         (1)  The Department of Education shall annually award

 2  grants to school districts, area technical centers, community

 3  colleges, state universities, and independent institutions

 4  eligible to participate in state student assistance programs

 5  established in part IV of chapter 240.  The department shall

 6  give priority to cooperative proposals submitted by two or

 7  more institutions or delivery systems.  The proposals shall

 8  include:

 9         (a)  Information which describes the educational

10  significance of the program or service in addressing state

11  educational priorities.

12         (b)  The target population for the program.

13         (c)  The program content to be transmitted.

14         (d)  The support services to be provided.

15         (e)  Provisions to use at least 20 percent of any funds

16  awarded for training both faculty and student learners in the

17  use and application of the products developed.

18         (2)  Programs and courses developed through the grant

19  program shall be marketed statewide and nationwide with a

20  portion of any profits from the sale or use of such programs

21  retained by the developing institutions or systems and a

22  portion reinvested in the grant program for further program

23  development. The distribution of any revenues received shall

24  be determined by formal agreement between the department and

25  the developing system or institution.

26         (3)  The department shall identify state educational

27  priorities and issue a request for proposals by June 1 in

28  every year in which funds are available for grants.  The

29  department shall ensure the quality of the programs and

30  courses produced through the grants and produce an annual

31  status report by March 1 describing the projects funded and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1008

    Amendment No.    





 1  accounting for any proceeds.

 2         Section 11.  Sections 364.509, 364.510, 364.511,

 3  364.512, 364.513, and 364.514, Florida Statutes, are repealed.

 4         Section 12.  (1)  There is created the Information

 5  Service Technology Development Task Force which shall be

 6  located within the Department of Management Services for the

 7  purpose of developing policies that will benefit residents of

 8  this state by fostering the free-market development and

 9  beneficial use of advanced communications networks and

10  information technologies within this state.  The task force

11  shall be composed of 34 members as follows:

12         (a)  The Attorney General, the executive director of

13  the Florida Department of Law Enforcement, the Chancellor of

14  the State University System, the Commissioner of Education,

15  the executive director of the State Board of Community

16  Colleges, the director of the Office of Tourism, Trade, and

17  Economic Development, the executive director of the Department

18  of Revenue, a representative of the Florida Council of

19  American Electronics Association, a representative of the

20  Florida Internet Providers Association, a representative of

21  the United States Internet Council, the chair of the State

22  Technology Council, and the secretary of the Department of

23  Management Services.

24         (b)  The President of the Senate shall appoint one

25  member from each of the following categories: a

26  facilities-based interexchange telecommunications company, a

27  wireless telecommunications company, an alternative local

28  exchange telecommunications company, an internet service

29  provider with more than one million customers, the

30  entertainment industry, a computer or telecommunications

31  manufacturing company, and one member of the Florida Senate.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1008

    Amendment No.    





 1         (c)  The Speaker of the House of Representatives shall

 2  appoint one member from each of the following categories: a

 3  cable television provider, a computer software company, the

 4  banking industry, an internet search engine company, a local

 5  exchange telecommunications company, the tourist industry, and

 6  one member of the House of Representatives.

 7         (d)  The Governor shall name the chair, and appoint

 8  members as follows: one college student who relies on the

 9  Internet for personal or academic use, a representative of a

10  local government that is an alternative local exchange

11  telecommunications company or an Internet service provider,

12  and four members as determined by the Governor to

13  appropriately represent technology providers, manufacturers,

14  retailers, and users.

15         (e)  The minority leader of the House of

16  Representatives shall appoint one member of the House of

17  Representatives.

18         (f)  The minority leader of the Senate shall appoint

19  one member of the Senate.

20         (2)  The task force shall exist for 2 years and shall

21  meet at least four times per year. Failure of a member to

22  participate in three consecutive meetings shall result in the

23  member's replacement by the Governor. The task force is

24  encouraged to implement electronic bulletin boards and other

25  means for the exchange of ideas throughout the year.

26         (3)  The task force shall develop overarching

27  principles to guide state policy decisions with respect to the

28  free-market development and beneficial use of advanced

29  communications networks and information technologies, identify

30  factors that will affect whether these technologies will

31  flourish in Florida, and develop policy recommendations for

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1008

    Amendment No.    





 1  each factor.

 2         (4)  By February 14 of calendar years 2000 and 2001,

 3  the task force shall submit a report to the Governor, the

 4  President of the Senate, and the Speaker of the House of

 5  Representatives outlining principles, policy recommendations,

 6  and any suggested legislation. The task force may develop and

 7  publish other documents throughout the year.

 8         (5)  The State Technology Office within the Department

 9  of Management Services shall provide support staff for the

10  task force and promote public awareness of the development of

11  principles and policy recommendations by the task force. The

12  State University System shall assist the task force as

13  necessary.

14         (6)  The task force shall dissolve effective July 1,

15  2001.

16         Section 13.  Effective July 1, 1999, the sum of

17  $375,100 is appropriated from the General Revenue Fund to the

18  State Technology Office in the Department of Management

19  Services and four positions are created in the department for

20  the purpose of carrying out section 12 of this act.

21         Section 14.  Effective July 1, 1999, there is

22  appropriated from the Florida Public Service Regulatory Trust

23  Fund to the Public Service Commission the sum of $1 million

24  and two positions for the purpose of carrying out the

25  provisions of section 4 of this act.

26

27  (Redesignate subsequent sections.)

28

29

30  ================ T I T L E   A M E N D M E N T ===============

31  And the title is amended as follows:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1008

    Amendment No.    





 1         On page 1, line 14, after the semicolon,

 2

 3  insert:

 4         amending s. 364.0252, F.S.; directing the

 5         Florida Public Service Commission to inform

 6         consumers about specific matters in the

 7         telecommunications services market; amending s.

 8         364.24 F.S.; providing for telephonic customer

 9         account information; amending s. 240.311, F.S.;

10         authorizing the State Board of Community

11         Colleges to develop and produce certain work

12         products related to distance learning;

13         authorizing fees for such materials for

14         purposes of educational use; requiring annual

15         postaudits; requiring the adoption of rules;

16         requiring the submission of a report; creating

17         ss. 241.001-241.004, F.S.; defining terms;

18         prescribing duties of the Department of

19         Education with respect to distance learning;

20         creating the Florida Distance Learning Network

21         Advisory Council and providing for its

22         membership, meetings, and responsibilities;

23         creating a grant program to award grants to

24         certain educational institutions; repealing ss.

25         364.509, 364.510, 364.511, 364.512, 364.513,

26         364.514, F.S., relating to the Education

27         Facilities Infrastructure Improvement Act;

28         establishing a task force in the Department of

29         Management Services; providing for

30         representation; providing responsibilities;

31         providing for meetings of the task force;

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1008

    Amendment No.    





 1         providing for support staff for the task force;

 2         requiring reports; providing for the

 3         dissolution of the task force; providing an

 4         appropriation;

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