CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 1008
Amendment No.
CHAMBER ACTION
Senate House
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11 Senators Casas and Lee moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 11, between lines 25 and 26,
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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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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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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.
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30 Any proceeds therefrom shall be deposited and expended by a
31 Florida not-for-profit corporation, incorporated under the
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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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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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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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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.
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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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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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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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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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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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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.
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27 (Redesignate subsequent sections.)
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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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Amendment No.
1 On page 1, line 14, after the semicolon,
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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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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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