Senate Bill 1008e1

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  1                      A bill to be entitled

  2         An act relating to telecommunications; amending

  3         s. 364.025, F.S.; revising legislative intent;

  4         extending time for establishment of permanent

  5         universal service mechanism; providing

  6         limitations; deleting obsolete provisions;

  7         providing for a study; amending s. 337.401,

  8         F.S.; specifying that specified provisions do

  9         not apply to the provision of pay telephone

10         service on public or municipal roads or

11         rights-of-way; providing for application;

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

13         Florida Public Service Commission to inform

14         consumers about specific matters in the

15         telecommunications services market; amending s.

16         364.24 F.S.; providing for telephonic customer

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

18         authorizing the State Board of Community

19         Colleges to develop and produce certain work

20         products related to distance learning;

21         authorizing fees for such materials for

22         purposes of educational use; requiring annual

23         postaudits; requiring the adoption of rules;

24         requiring the submission of a report; creating

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

26         prescribing duties of the Department of

27         Education with respect to distance learning;

28         creating the Florida Distance Learning Network

29         Advisory Council and providing for its

30         membership, meetings, and responsibilities;

31         creating a grant program to award grants to


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  1         certain educational institutions; repealing ss.

  2         364.509, 364.510, 364.511, 364.512, 364.513,

  3         364.514, F.S., relating to the Education

  4         Facilities Infrastructure Improvement Act;

  5         establishing a task force in the Department of

  6         Management Services; providing for

  7         representation; providing responsibilities;

  8         providing for meetings of the task force;

  9         providing for support staff for the task force;

10         requiring reports; providing for the

11         dissolution of the task force; providing an

12         appropriation; repealing s. 59(4) of SB 2502,

13         enacted in the 1999 Regular Session of the

14         Legislature, relating to performance measures

15         for the Florida Public Service Commission;

16         providing effective dates.

17

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

19

20         Section 1.  Section 364.025, Florida Statutes, 1998

21  Supplement, is amended to read:

22         364.025  Universal service.--

23         (1)  For the purposes of this section, the term

24  "universal service" means an evolving level of access to

25  telecommunications services that, taking into account advances

26  in technologies, services, and market demand for essential

27  services, the commission determines should be provided at

28  just, reasonable, and affordable flat rates for the first

29  access line of residential and single line business to

30  customers, including those in rural, economically

31  disadvantaged, and high-cost areas.  It is the intent of the


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  1  Legislature that universal service objectives of providing

  2  affordable basic local telecommunications service to

  3  low-income customers and customers located in high-cost areas

  4  be maintained after the local exchange market is opened to

  5  competitively provided services.  It is also the intent of the

  6  Legislature that the interim mechanism for maintaining the

  7  universal service objectives established by the commission in

  8  Docket No. 950696-TP remain in effect until January 1, 2001,

  9  and during this transition period the ubiquitous nature of the

10  local exchange telecommunications companies be used to satisfy

11  these objectives. Until January 1, 2001 For a period of 4

12  years after January 1, 1996, each local exchange

13  telecommunications company shall be required to furnish basic

14  local exchange telecommunications service within a reasonable

15  time period to any person requesting such service within the

16  company's service territory. Each local exchange

17  telecommunications company shall be relieved of its

18  obligations as a carrier of last resort, effective January 1,

19  2001, if in full compliance with s. 214(e)(4) of the

20  Communications Act of 1934, as amended by the

21  Telecommunications Act of 1996, 47 U.S.C. 214.

22         (2)  The Legislature finds that each telecommunications

23  company should contribute its fair share to the support of the

24  universal service objectives and carrier-of-last-resort

25  obligations. For a transitional period not to exceed January

26  1, 2000, an interim mechanism for maintaining universal

27  service objectives and funding carrier-of-last-resort

28  obligations shall be established by the commission, pending

29  the implementation of a permanent mechanism.  The interim

30  mechanism shall be applied in a manner that ensures that each

31  alternative local exchange telecommunications company


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  1  contributes its fair share to the support of universal service

  2  and carrier-of-last-resort obligations.  The interim mechanism

  3  applied to each alternative local exchange telecommunications

  4  company shall reflect a fair share of the local exchange

  5  telecommunications company's recovery of investments made in

  6  fulfilling its carrier-of-last-resort obligations, and the

  7  maintenance of universal service objectives. The commission

  8  shall ensure that the interim mechanism does not impede the

  9  development of residential consumer choice or create an

10  unreasonable barrier to competition.  In reaching its

11  determination, the commission shall not inquire into or

12  consider any factor that is inconsistent with s.

13  364.051(1)(c).  The costs and expenses of any government

14  program or project required in part II of this chapter shall

15  not be recovered under this section.

16         (3)  If In the event any local exchange

17  telecommunications company party, prior to January 1, 2001

18  2000, believes that circumstances have changed substantially

19  to warrant a change in the interim mechanism, that local

20  exchange telecommunications company party may petition the

21  commission for a change, but the commission shall grant such

22  petition only after an opportunity for a hearing and a

23  compelling showing of changed circumstances, including that

24  the provider's customer population includes as many

25  residential as business customers.  The commission shall act

26  on any such petition within 120 days. The costs and expenses

27  of any government program or project required in part II of

28  this chapter shall not be recovered under this subsection.

29         (4)(a)  On or before July 1, 2000 Prior to the

30  expiration of this 4-year period, the Legislature shall

31  establish a specific, predictable, and sufficient permanent


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  1  universal service mechanism that operates in a competitively

  2  neutral manner. The mechanism shall take effect on or before

  3  January 1, 2001 upon the effective date of which any interim

  4  recovery mechanism for universal service objectives or

  5  carrier-of-last-resort obligations imposed on alternative

  6  local exchange telecommunications companies shall terminate.

  7         (b)  To assist the Legislature in establishing a

  8  permanent universal service mechanism, the commission, by

  9  February 15, 1999, shall determine and report to the President

10  of the Senate and the Speaker of the House of Representatives

11  the total forward-looking cost, based upon the most recent

12  commercially available technology and equipment and generally

13  accepted design and placement principles, of providing basic

14  local telecommunications service on a basis no greater than a

15  wire center basis using a cost proxy model to be selected by

16  the commission after notice and opportunity for hearing.

17         (c)  In determining the cost of providing basic local

18  telecommunications service for small local exchange

19  telecommunications companies, which serve less than 100,000

20  access lines, the commission shall not be required to use the

21  cost proxy model selected pursuant to paragraph (b) until a

22  mechanism is implemented by the Federal Government for small

23  companies, but no sooner than January 1, 2001. The commission

24  shall calculate a small local exchange telecommunications

25  company's cost of providing basic local telecommunications

26  services based on one of the following options:

27         1.  A different proxy model; or

28         2.  A fully distributed allocation of embedded costs,

29  identifying high-cost areas within the local exchange area the

30  company serves and including all embedded investments and

31  expenses incurred by the company in the provision of universal


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  1  service. Such calculations may be made using fully distributed

  2  costs consistent with 47 C.F.R. ss. 32, 36, and 64. The

  3  geographic basis for the calculations shall be no smaller than

  4  a census block group.

  5         (d)  The commission, by February 15, 1999, shall

  6  determine and report to the President of the Senate and the

  7  Speaker of the House of Representatives the amount of support

  8  necessary to provide residential basic local

  9  telecommunications service to low-income customers. For

10  purposes of this section, low-income customers are customers

11  who qualify for Lifeline service as defined in s. 364.10(2).

12         (5)  There shall be no increase in basic local

13  telecommunications service rates except as provided by this

14  chapter. Local exchange telecommunications companies may not

15  recover universal service fund contributions through an

16  explicit end-user or line-item surcharge.

17         (6)(5)  After January 1, 2001, January 1, 2000, an

18  alternative local exchange telecommunications company may

19  petition the commission to become a the universal service

20  provider and carrier of last resort in areas requested to be

21  served by that alternative local exchange telecommunications

22  company.  Upon petition of an alternative local exchange

23  telecommunications company, the commission shall have 120 days

24  to vote on granting in whole or in part or denying the

25  petition of the alternative local exchange company.  The

26  commission may establish the alternative local exchange

27  telecommunications company as a the universal service provider

28  and carrier of last resort, provided that the commission first

29  determines that the alternative local exchange

30  telecommunications company will provide high-quality, reliable

31  service.  In the order establishing the alternative local


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  1  exchange telecommunications company as a the universal service

  2  provider and carrier of last resort, the commission shall set

  3  the period of time in which such company must meet those

  4  objectives and obligations and shall set up any mechanism

  5  needed to aid such company in carrying out these duties.

  6         Section 2.  To assist the Legislature in establishing a

  7  permanent universal service mechanism, the Florida Public

  8  Service Commission, by February 15, 2000, shall recommend to

  9  the President of the Senate and the Speaker of the House of

10  Representatives what the commission determines, after notice

11  and opportunity for hearing, to be a specific, predictable,

12  and sufficient mechanism for providing universal service. In

13  making its recommendation, the commission shall consider the

14  following items listed in subsections (1) through (10) and

15  make a specific finding as to whether an item should be

16  included in a universal service mechanism or make a specific

17  finding as to the manner in which an item should be included.

18  If the commission determines that an item should be included

19  as a component of a mechanism, it shall state with specificity

20  the basis for its recommendation and the manner in which the

21  component should be included. If the commission determines

22  that an item should not be included as a component of a

23  mechanism, it shall state with specificity the basis for its

24  rejection of the item.  Any finding by the commission as to

25  the manner in which an item should be included in a mechanism

26  must be detailed and comprehensive. These items to be

27  considered are:

28         (1)  The requirements of the federal Telecommunications

29  Act of 1996 and any universal service support mechanism

30  established by the Federal Communications Commission.

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  1         (2)  Whether the universal service support mechanism

  2  shall be based upon the costs determined by the commission in

  3  Docket No. 980696-TP and whether the cost determination shall

  4  be updated, as necessary, to reflect changes in cost inputs.

  5         (3)  Whether there shall be a revenue benchmark and how

  6  such revenue benchmark shall be defined.

  7         (4)  Whether the low-income support amount shall be

  8  determined by multiplying the number of customers subscribing

  9  to Lifeline service by the intrastate matching fund amount by

10  12.

11         (5)  The manner in which each telecommunications

12  company shall be assessed its share of the universal service

13  support.

14         (6)  Whether, and to what extent, the mechanism shall

15  include special provisions that address the service areas,

16  market conditions, information resources, or other

17  circumstances of small local exchange companies serving fewer

18  than 100,000 access lines.

19         (7)  The manner in which the local exchange company's

20  nonbasic service prices and access charges shall be changed to

21  reflect any explicit universal service support net of its

22  contributions to any universal service support mechanism.

23         (8)  How any explicit universal service mechanism shall

24  be administered and how any third-party administrator shall be

25  selected.

26         (9)  How a telecommunications company shall qualify to

27  receive any explicit universal service support.

28         (10)  Whether the status of competition based upon the

29  directives developed by the Federal Communications Commission

30  to open the local market to competition, which include

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  1  interconnection, network access, and resale, expedites the

  2  need for the universal service fund.

  3

  4  In making its recommendation, the commission may include an

  5  item not listed in subsections (1) through (10) if the

  6  commission first determines that it is a necessary component

  7  of a universal service mechanism as that mechanism is

  8  described in section 346.025(4), Florida Statutes. If the

  9  commission does recommend such an item, it shall state with

10  specificity the basis for its determination and the manner in

11  which it should be included in the mechanism.

12         Section 3.  Subsection (10) is added to section

13  337.401, Florida Statutes, 1998 Supplement, to read:

14         337.401  Use of right-of-way for utilities subject to

15  regulation; permit; fees.--

16         (10)  This section, except subsection (6), does not

17  apply to the provision of pay telephone service on public or

18  municipal roads or rights-of-way.

19         Section 4.  A contract in effect on the effective date

20  of this act shall not be impaired.

21         Section 5.  Effective July 1, 1999, section 364.0252,

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

23         364.0252  Expansion of consumer information programs;

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

25  1999, The Florida Public Service Commission shall expand its

26  current consumer information program to inform consumers of

27  their rights as customers of competitive telecommunications

28  services and shall assist customers in resolving any billing

29  and service disputes that customers are unable to resolve

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

31  this program, require all telecommunications companies


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  1  providing local or long distance telecommunications services

  2  to develop and provide information to customers. The

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

  4  developed and the manner by which the information will be

  5  provided to the customers. The Florida Public Service

  6  Commission shall undertake a comprehensive and ongoing effort

  7  to inform consumers regarding how to protect themselves in a

  8  competitive telecommunications market.  Of specific concern

  9  are informing consumers concerning the availability of the

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

11  alerting consumers to how they can avoid having their service

12  changed or unauthorized charges added to their telephone

13  bills.

14         Section 6.  Subsection (2) of section 364.24, Florida

15  Statutes, is amended to read:

16         364.24  Penalty for making telephone message or

17  customer account information known.--

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

19  telecommunications company shall not intentionally disclose

20  customer account records except as authorized by the customer

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

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

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

24  commits a misdemeanor of the second degree, punishable as

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

26  disclosure of customers' names, addresses, or telephone

27  numbers to the extent they are otherwise publicly available.

28  Nothing herein precludes a telecommunications company from

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

30  account record through telephonic means.

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  1         Section 7.  Subsection (8) is added to section 240.311,

  2  Florida Statutes, 1998 Supplement, to read:

  3         240.311  State Board of Community Colleges; powers and

  4  duties.--

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

  6  authorized to develop and produce work products which relate

  7  to mechanisms to provide for consolidated and coordinated

  8  program development and educational endeavors to support

  9  distance learning instruction which are subject to trademark,

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

11  consider the relative contribution by the personnel employed

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

13  binding agreements with such personnel, organizations,

14  corporations, or government entities, which agreements shall

15  establish the percentage of ownership of such trademarks,

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

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

18         1.  Perform all things necessary to secure letters of

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

20  and to enforce its rights therein.

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

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

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

24  other consideration as the board deems proper.

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

26  to protect the same against improper or unlawful use or

27  infringement.

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

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

30         5.  Sell any such work products and execute all

31  instruments necessary to consummate any such sale.


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

  2  execution of powers and duties provided by this paragraph.

  3

  4  Any proceeds therefrom shall be deposited and expended by a

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

  6  provisions of chapter 617 and approved by the Department of

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

  8  producing and disseminating educational materials and products

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

10  board in securing or exploiting such trademarks, copyrights,

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

12  the Department of State.

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

14  have produced materials and products and shall make them

15  readily available for appropriate use in the state system of

16  education. The board is authorized to charge an amount

17  adequate to cover the essential cost of producing and

18  disseminating such materials and products in the state system

19  of education and is authorized to sell copies for educational

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

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

22  funds pursuant to this section shall make provisions for an

23  annual postaudit of its financial accounts to be conducted by

24  an independent certified public accountant in accordance with

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

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

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

28  authority to require and receive from the organization or from

29  its independent auditor any detail or supplemental data

30  relative to the operation of the organization.

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  1         Section 8.  Section 241.001, Florida Statutes, is

  2  created to read:

  3         241.001  Definitions.--As used in ss. 241.001-241.004,

  4  the term:

  5         (1)  "Advanced telecommunications services" means

  6  network-based or wireless services that provide additional

  7  communications capabilities enabling the use of applications

  8  such as distance learning, video conferencing, data

  9  communications, and access to Internet.

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

11         (3)  "Eligible facilities" includes all approved

12  campuses and instructional centers of all public universities,

13  public community colleges, area technical centers, public

14  elementary schools, middle schools, and high schools,

15  including school administrative offices, public libraries,

16  teaching hospitals, the research institute described in s.

17  240.512, and rural public hospitals as defined in s. 395.602.

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

19  health clinic that is responsible for individuals before they

20  can be transferred to a regional hospital shall be considered

21  eligible.

22         Section 9.  Section 241.002, Florida Statutes, is

23  created to read:

24         241.002  Duties of the Department of Education.--The

25  duties of the Department of Education concerning distance

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

27         (1)  Facilitate the implementation of a statewide

28  coordinated system and resource system for cost-efficient

29  advanced telecommunications services and distance education

30  which will increase overall student access to education.

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  1         (2)  Coordinate the use of existing resources,

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

  3  transponders on the education satellites, the SUNCOM Network,

  4  the Florida Information Resource Network (FIRN), the

  5  Department of Management Services, the Department of

  6  Corrections, and the Department of Children and Family

  7  Services' satellite communication facilities to support a

  8  statewide advanced telecommunications services and distance

  9  learning network.

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

11  the production and uplink capabilities available through

12  Florida's public television stations, eligible facilities,

13  independent colleges and universities, private firms, and

14  others as needed.

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

16  cable television providers in the implementation of the

17  statewide advanced telecommunications services and distance

18  learning network.

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

20  telecommunications carriers to provide affordable student

21  access to advanced telecommunications services and to distance

22  learning.

23         (6)  Coordinate partnerships for development,

24  acquisition, use, and distribution of distance learning.

25         (7)  Secure and administer funding for programs and

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

27  and private sources and from fees derived from services and

28  materials.

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

30  and enter into lease agreements to maximize the use of

31  available transponder time.  All net revenue realized through


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  1  the leasing of available transponder time, after deducting the

  2  costs of performing the management function, shall be recycled

  3  to support the public education distance learning in this

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

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

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

  7  System.

  8         (9)  Hire appropriate staff which may include a

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

10  is included in the Senior Management Service in accordance

11  with s. 110.205.

12

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

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

15  agency, district school board, community college board of

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

17  of Regents.

18         Section 10.  Section 241.003, Florida Statutes, is

19  created to read:

20         241.003  The Florida Distance Learning Network Advisory

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

22         (1)  The Florida Distance Learning Network Advisory

23  Council is created in the Department of Education to advise

24  and assist the department in carrying out its duties relating

25  to distance learning.

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

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

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

29  various entities who have interests in distance learning, and

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

31  regional organizations representing institutional consumers


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  1  and providers so as to establish a broadly based and

  2  representative distance learning advisory council.

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

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

  5  public and private elementary and secondary schools; public

  6  and private postsecondary institutions, including vocational

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

  8  care community, including urban, rural, and teaching

  9  hospitals; the cable telecommunications industry; the local

10  exchange telecommunications industry; and the interexchange

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

12  University System or the chancellor's designee and the

13  Executive Director of the Florida Community College System or

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

15  citizen.

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

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

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

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

20  terms.  Officers may be reelected.

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

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

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

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

25  the department concerning:

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

27  internationally, as deemed appropriate.

28         (b)  The recipients of the Educational Technology Grant

29  Program provided in s. 241.004.

30         (c)  Suggested legislation concerning distance

31  learning.


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  1         (d)  Any other issue regarding distance learning that

  2  the council deems appropriate.

  3         (3)  The department shall provide administrative and

  4  support services to the advisory council.

  5         Section 11.  Section 241.004, Florida Statutes, is

  6  created to read:

  7         241.004  Educational Technology Grant Program.--

  8         (1)  The Department of Education shall annually award

  9  grants to school districts, area technical centers, community

10  colleges, state universities, and independent institutions

11  eligible to participate in state student assistance programs

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

13  give priority to cooperative proposals submitted by two or

14  more institutions or delivery systems.  The proposals shall

15  include:

16         (a)  Information which describes the educational

17  significance of the program or service in addressing state

18  educational priorities.

19         (b)  The target population for the program.

20         (c)  The program content to be transmitted.

21         (d)  The support services to be provided.

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

23  awarded for training both faculty and student learners in the

24  use and application of the products developed.

25         (2)  Programs and courses developed through the grant

26  program shall be marketed statewide and nationwide with a

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

28  retained by the developing institutions or systems and a

29  portion reinvested in the grant program for further program

30  development. The distribution of any revenues received shall

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  1  be determined by formal agreement between the department and

  2  the developing system or institution.

  3         (3)  The department shall identify state educational

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

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

  6  department shall ensure the quality of the programs and

  7  courses produced through the grants and produce an annual

  8  status report by March 1 describing the projects funded and

  9  accounting for any proceeds.

10         Section 12.  Sections 364.509, 364.510, 364.511,

11  364.512, 364.513, and 364.514, Florida Statutes, are repealed.

12         Section 13.  (1)  There is created the Information

13  Service Technology Development Task Force which shall be

14  located within the Department of Management Services for the

15  purpose of developing policies that will benefit residents of

16  this state by fostering the free-market development and

17  beneficial use of advanced communications networks and

18  information technologies within this state.  The task force

19  shall be composed of 34 members as follows:

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

21  the Florida Department of Law Enforcement, the Chancellor of

22  the State University System, the Commissioner of Education,

23  the executive director of the State Board of Community

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

25  Economic Development, the executive director of the Department

26  of Revenue, a representative of the Florida Council of

27  American Electronics Association, a representative of the

28  Florida Internet Providers Association, a representative of

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

30  Technology Council, and the secretary of the Department of

31  Management Services.


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    CS for SB 1008                                 First Engrossed



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

  2  member from each of the following categories: a

  3  facilities-based interexchange telecommunications company, a

  4  wireless telecommunications company, an alternative local

  5  exchange telecommunications company, an internet service

  6  provider with more than one million customers, the

  7  entertainment industry, a computer or telecommunications

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

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

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

11  cable television provider, a computer software company, the

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

13  exchange telecommunications company, the tourist industry, and

14  one member of the House of Representatives.

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

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

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

18  local government that is an alternative local exchange

19  telecommunications company or an Internet service provider,

20  and four members as determined by the Governor to

21  appropriately represent technology providers, manufacturers,

22  retailers, and users.

23         (e)  The minority leader of the House of

24  Representatives shall appoint one member of the House of

25  Representatives.

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

27  one member of the Senate.

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

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

30  participate in three consecutive meetings shall result in the

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


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    CS for SB 1008                                 First Engrossed



  1  encouraged to implement electronic bulletin boards and other

  2  means for the exchange of ideas throughout the year.

  3         (3)  The task force shall develop overarching

  4  principles to guide state policy decisions with respect to the

  5  free-market development and beneficial use of advanced

  6  communications networks and information technologies, identify

  7  factors that will affect whether these technologies will

  8  flourish in Florida, and develop policy recommendations for

  9  each factor.

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

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

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

13  Representatives outlining principles, policy recommendations,

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

15  publish other documents throughout the year.

16         (5)  The State Technology Office within the Department

17  of Management Services shall provide support staff for the

18  task force and promote public awareness of the development of

19  principles and policy recommendations by the task force. The

20  State University System shall assist the task force as

21  necessary.

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

23  2001.

24         Section 14.  Effective July 1, 1999, the sum of

25  $375,100 is appropriated from the General Revenue Fund to the

26  State Technology Office in the Department of Management

27  Services and four positions are created in the department for

28  the purpose of carrying out section 13 of this act.

29         Section 15.  Effective July 1, 1999, there is

30  appropriated from the Florida Public Service Regulatory Trust

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


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    CS for SB 1008                                 First Engrossed



  1  and two positions for the purpose of carrying out the

  2  provisions of section 5 of this act.

  3         Section 16.  Subsection (4) of section 59 of Senate

  4  Bill 2502, enacted in the 1999 Regular Session of the

  5  Legislature, is repealed.

  6         Section 17.  Except as otherwise provided in this act,

  7  this act shall take effect upon becoming a law.

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