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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11  Senator 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.  Effective July 1, 1999, subsection (2) of

28  section 364.507, Florida Statutes, is amended to read:

29         364.507  Legislative intent.--

30         (2)  It is the intent of the Legislature that all local

31  exchange telecommunications companies, including those with

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1008

    Amendment No.    





 1  less than 100,000 access lines in service which do not elect

 2  to be regulated under price regulation pursuant to s. 364.051,

 3  should be required to provide advanced telecommunications

 4  services to eligible facilities in the absence of a

 5  competitive bid to provide such services pursuant to s.

 6  364.515(3) 364.510(3). This obligation arises from the

 7  privileges granted such local exchange telecommunications

 8  companies under part I of this chapter.

 9         Section 7.  Effective July 1, 1999, section 364.508,

10  Florida Statutes, is amended to read:

11         364.508  Definitions.--As used in this part:

12         (1)  "Commission" means the Public Service Commission.

13         (2)  "Network" means the Florida Distance Learning

14  Network.

15         (2)(3)  "Telecommunications company" means any entity

16  certified under this chapter to provide telecommunications

17  service.

18         (3)(4)  "Cable company" means a cable television

19  company providing cable service as defined in 47 U.S.C. s.

20  522.

21         (4)(5)  "Advanced telecommunications services" are

22  defined as network-based or wireless services that provide

23  additional communications capabilities enabling the use of

24  applications such as distance learning, video conferencing,

25  data communications, and access to Internet.

26         (6)  "Plan" means the Education Facilities

27  Infrastructure Improvement Plan, a document that includes a

28  needs assessment report and identifies telecommunications

29  companies', cable companies', and other providers' present and

30  projected deployment of technologies necessary for delivery of

31  advanced telecommunications services to eligible facilities

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1008

    Amendment No.    





 1  who request such services.

 2         (5)(7)  "Eligible facilities" means all approved

 3  campuses and instructional centers of all public universities,

 4  public community colleges, area technical centers, public

 5  elementary schools, middle schools, and high schools,

 6  including school administrative offices, public libraries,

 7  teaching hospitals, the research institute described in s.

 8  240.512, and rural public hospitals as defined in s. 395.602.

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

10  health clinic which is responsible for individuals before they

11  can be transferred to a regional hospital shall be considered

12  eligible.

13         Section 8.  Effective July 1, 1999, section 364.509,

14  Florida Statutes, is amended to read:

15         (Substantial rewording of section.  See

16         s. 364.509, F.S., for present text.)

17         364.509  Duties of the Department of Education.--The

18  duties of the Department of Education concerning distance

19  learning include, but are not limited to:

20         (1)  Facilitate the implementation of a statewide

21  coordinated system and resource system for cost-efficient

22  advanced telecommunications services and distance education

23  which will increase overall student access to education.

24         (2)  Coordinate the use of existing resources,

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

26  transponders on the education satellites, the SUNCOM Network,

27  the Florida Information Resource Network (FIRN), the

28  Department of Management Services, the Department of

29  Corrections, and the Department of Children and Family

30  Services' satellite communication facilities to support a

31  statewide advanced telecommunications services and distance

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1008

    Amendment No.    





 1  learning network.

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

 3  the production and uplink capabilities available through

 4  Florida's public television stations, eligible facilities,

 5  independent colleges and universities, private firms, and

 6  others as may be needed.

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

 8  cable television providers in the implementation of the

 9  statewide advanced telecommunications services and distance

10  learning network.

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

12  telecommunications carriers to provide affordable student

13  access to advanced telecommunications services and to distance

14  learning.

15         (6)  Coordinate partnerships for development,

16  acquisition, use, and distribution of distance learning.

17         (7)  Secure and administer funding for programs and

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

19  and private sources and from fees derived from services and

20  materials.

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

22  and enter into lease agreements to maximize the use of

23  available transponder time.  All net revenue realized through

24  the leasing of available transponder time, after deducting the

25  costs of performing the management function, shall be recycled

26  to support the public education distance learning in this

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

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

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

30  System.

31         (9)  Hire appropriate staff which may include a

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1008

    Amendment No.    





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

 2  is included in the Senior Management Service in accordance

 3  with s. 110.205.

 4         (10)  Nothing in ss. 364.506-364.514 shall be construed

 5  to abrogate, supersede, alter, or amend the powers and duties

 6  of any state agency, district school board, community college

 7  board of trustees, the State Board of Community Colleges, or

 8  the Board of Regents.

 9         Section 9.  Effective July 1, 1999, section 364.510,

10  Florida Statutes, is amended to read:

11         (Substantial rewording of section.  See

12         s. 364.510, F.S., for present text.)

13         364.510  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 re-elected.

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 may

17  prescribe.

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

19  the department on:

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

21  internationally, as deemed appropriate.

22         (b)  The recipients of the Educational Technology Grant

23  Program provided in s. 364.514.

24         (c)  Suggested legislation concerning distance

25  learning.

26         (d)  Any other issue regarding distance learning that

27  the council deems appropriate.

28         (3)  The department shall provide administrative and

29  support services to the advisory council.

30         Section 10.  Effective July 1, 1999, subsection (2) of

31  section 364.514, Florida Statutes, is amended to read:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1008

    Amendment No.    





 1         364.514  Educational Technology Grant Program.--

 2         (2)(a)  The Department of Education Florida Distance

 3  Learning Network shall annually award grants to school

 4  districts, area technical centers, community colleges, state

 5  universities, and independent institutions eligible to

 6  participate in state student assistance programs established

 7  in part IV of chapter 240.  The department board of directors

 8  of the corporation shall give priority to cooperative

 9  proposals submitted by two or more institutions or delivery

10  systems.  The proposals shall include:

11         1.  Information which describes the educational

12  significance of the program or service in addressing state

13  educational priorities.

14         2.  The target population for the program.

15         3.  The program content to be transmitted.

16         4.  The support services to be provided.

17         5.  Provisions to use at least 20 percent of any funds

18  awarded for training both faculty and student learners in the

19  use and application of the products developed.

20         (b)  Programs and courses developed through the grant

21  program shall be marketed statewide and nationwide with a

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

23  retained by the developing institutions or systems and a

24  portion reinvested in the grant program for further program

25  development. The distribution of any revenues received shall

26  be determined by formal agreement between the department board

27  of directors and the developing system or institution.

28         (c)  The department board of directors shall identify

29  state educational priorities and issue a request for proposals

30  by June 1 in every year in which funds are available for

31  grants.  The department board shall ensure the quality of the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1008

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 1  programs and courses produced through the grants and produce

 2  an annual status report by March 1 describing the projects

 3  funded and accounting for any proceeds.

 4         Section 11.  Effective July 1, 1999, sections 364.511,

 5  364.512, and 364.513, Florida Statutes, are repealed.

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

 7  Service Technology Development Task Force which shall be

 8  located within the Department of Management Services for the

 9  purpose of developing policies that will benefit residents of

10  this state by fostering the free-market development and

11  beneficial use of advanced communications networks and

12  information technologies within this state.  The task force

13  shall be composed of 34 members as follows:

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

15  the Florida Department of Law Enforcement, the Chancellor of

16  the State University System, the Commissioner of Education,

17  the executive director of the State Board of Community

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

19  Economic Development, the executive director of the Department

20  of Revenue, a representative of the Florida Council of

21  American Electronics Association, a representative of the

22  Florida Internet Providers Association, a representative of

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

24  Technology Council, and the secretary of the Department of

25  Management Services.

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

27  member from each of the following categories: a

28  facilities-based interexchange telecommunications company, a

29  wireless telecommunications company, an alternative local

30  exchange telecommunications company, an internet service

31  provider with more than one million customers, the

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                                                  SENATE AMENDMENT

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 1  entertainment industry, a computer or telecommunications

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

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

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

 5  cable television provider, a computer software company, the

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

 7  exchange telecommunications company, the tourist industry, and

 8  one member of the House of Representatives.

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

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

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

12  local government that is an alternative local exchange

13  telecommunications company or an Internet service provider,

14  and four members as determined by the Governor to

15  appropriately represent technology providers, manufacturers,

16  retailers, and users.

17         (e)  The minority leader of the House of

18  Representatives shall appoint one member of the House of

19  Representatives.

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

21  one member of the Senate.

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

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

24  participate in three consecutive meetings shall result in the

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

26  encouraged to implement electronic bulletin boards and other

27  means for the exchange of ideas throughout the year.

28         (3)  The task force shall develop overarching

29  principles to guide state policy decisions with respect to the

30  free-market development and beneficial use of advanced

31  communications networks and information technologies, identify

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                                                  SENATE AMENDMENT

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 1  factors that will affect whether these technologies will

 2  flourish in Florida, and develop policy recommendations for

 3  each factor.

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

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

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

 7  Representatives outlining principles, policy recommendations,

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

 9  publish other documents throughout the year.

10         (5)  The State Technology Office within the Department

11  of Management Services shall provide support staff for the

12  task force and promote public awareness of the development of

13  principles and policy recommendations by the task force. The

14  State University System shall assist the task force as

15  necessary.

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

17  2001.

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

19  $375,100 is appropriated from the General Revenue Fund to the

20  State Technology Office in the Department of Management

21  Services and four positions are created in the department for

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

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

24  appropriated from the Florida Public Service Regulatory Trust

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

26  and two positions for the purpose of carrying out the

27  provisions of section 4 of this act.

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. 364.507, F.S.;

10         changing a cross reference; amending s.

11         364.508, F.S.; deleting certain definitions;

12         amending s. 364.509, F.S.; specifying duties of

13         the Department of Education relating to

14         distance learning; amending s. 364.510, F.S.;

15         creating the Florida Distance Learning Network

16         Advisory Council in the Department of

17         Education; providing for membership; specifying

18         representation; providing for organization,

19         procedures, and compensation of the council;

20         providing responsibilities of the council;

21         requiring the department to provide

22         administrative and support services for the

23         council; amending s. 364.514, F.S., to conform;

24         repealing 364.511, F.S., relating to the powers

25         of the board of directors of the Florida

26         Distance Learning Network; repealing s.

27         364.512, F.S., relating to the executive

28         director of the network; repealing s. 364.513,

29         F.S., relating to the annual report and audits

30         of the network; establishing a task force in

31         the Department of Management Services;

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1008

    Amendment No.    





 1         providing for representation; providing

 2         responsibilities; providing for meetings of the

 3         task force; providing for support staff for the

 4         task force; requiring reports; providing for

 5         the dissolution of the task force; providing an

 6         appropriation;

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