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





                                                  SENATE AMENDMENT

    Bill No. HB 2123, 2nd Eng.

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Lee moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause,

15

16  and insert:

17         Section 1.  Section 364.025, Florida Statutes, 1998

18  Supplement, is amended to read:

19         364.025  Universal service.--

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

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

22  telecommunications services that, taking into account advances

23  in technologies, services, and market demand for essential

24  services, the commission determines should be provided at

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

26  access line of residential and single-line business to

27  customers, including those in rural, economically

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

29  Legislature that universal service objectives of providing

30  affordable basic local telecommunications service to

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2123, 2nd Eng.

    Amendment No.    





 1  be maintained after the local exchange market is opened to

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

 3  Legislature that the interim mechanism for maintaining the

 4  universal service objectives established by the commission in

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

 6  and during this transition period the ubiquitous nature of the

 7  local exchange telecommunications companies be used to satisfy

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

 9  years after January 1, 1996, each local exchange

10  telecommunications company shall be required to furnish basic

11  local exchange telecommunications service within a reasonable

12  time period to any person requesting such service within the

13  company's service territory. Each local exchange

14  telecommunications company shall be relieved of its

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

16  2001, if in full compliance with s. 214(e)(4) of the

17  Communications Act of 1934, as amended by the

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

19         (2)  The Legislature finds that each telecommunications

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

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

22  obligations. For a transitional period not to exceed January

23  1, 2000, an interim mechanism for maintaining universal

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

25  obligations shall be established by the commission, pending

26  the implementation of a permanent mechanism.  The interim

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

28  alternative local exchange telecommunications company

29  contributes its fair share to the support of universal service

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

31  applied to each alternative local exchange telecommunications

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                                                  SENATE AMENDMENT

    Bill No. HB 2123, 2nd Eng.

    Amendment No.    





 1  company shall reflect a fair share of the local exchange

 2  telecommunications company's recovery of investments made in

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

 4  maintenance of universal service objectives. The commission

 5  shall ensure that the interim mechanism does not impede the

 6  development of residential consumer choice or create an

 7  unreasonable barrier to competition.  In reaching its

 8  determination, the commission shall not inquire into or

 9  consider any factor that is inconsistent with s.

10  364.051(1)(c).  The costs and expenses of any government

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

12  not be recovered under this section.

13         (3)  If In the event any local exchange

14  telecommunications company party, prior to January 1, 2001

15  2000, believes that circumstances have changed substantially

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

17  exchange telecommunications company party may petition the

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

19  petition only after an opportunity for a hearing and a

20  compelling showing of changed circumstances, including that

21  the provider's customer population includes as many

22  residential as business customers.  The commission shall act

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

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

25  this chapter shall not be recovered under this subsection.

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

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

28  establish a specific, predictable, and sufficient permanent

29  universal service mechanism that operates in a competitively

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

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2123, 2nd Eng.

    Amendment No.    





 1  recovery mechanism for universal service objectives or

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

 3  local exchange telecommunications companies shall terminate.

 4         (b)  To assist the Legislature in establishing a

 5  permanent universal service mechanism, the commission, by

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

 7  of the Senate and the Speaker of the House of Representatives

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

 9  commercially available technology and equipment and generally

10  accepted design and placement principles, of providing basic

11  local telecommunications service on a basis no greater than a

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

13  the commission after notice and opportunity for hearing.

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

15  telecommunications service for small local exchange

16  telecommunications companies, which serve less than 100,000

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

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

19  mechanism is implemented by the Federal Government for small

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

21  shall calculate a small local exchange telecommunications

22  company's cost of providing basic local telecommunications

23  services based on one of the following options:

24         1.  A different proxy model; or

25         2.  A fully distributed allocation of embedded costs,

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

27  company serves and including all embedded investments and

28  expenses incurred by the company in the provision of universal

29  service. Such calculations may be made using fully distributed

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

31  geographic basis for the calculations shall be no smaller than

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                                                  SENATE AMENDMENT

    Bill No. HB 2123, 2nd Eng.

    Amendment No.    





 1  a census block group.

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

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

 4  Speaker of the House of Representatives the amount of support

 5  necessary to provide residential basic local

 6  telecommunications service to low-income customers. For

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

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

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

10  telecommunications service rates except as provided by this

11  chapter. Local exchange telecommunications companies may not

12  recover universal service fund contributions through an

13  explicit end-user or line-item surcharge.

14         (6)(5)  After January 1, 2001, January 1, 2000, an

15  alternative local exchange telecommunications company may

16  petition the commission to become a the universal service

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

18  served by that alternative local exchange telecommunications

19  company.  Upon petition of an alternative local exchange

20  telecommunications company, the commission shall have 120 days

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

22  petition of the alternative local exchange company.  The

23  commission may establish the alternative local exchange

24  telecommunications company as a the universal service provider

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

26  determines that the alternative local exchange

27  telecommunications company will provide high-quality, reliable

28  service.  In the order establishing the alternative local

29  exchange telecommunications company as a the universal service

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

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2123, 2nd Eng.

    Amendment No.    





 1  objectives and obligations and shall set up any mechanism

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

 3         Section 2.  To assist the Legislature in establishing a

 4  permanent universal service mechanism, the Florida Public

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

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

 7  Representatives what the commission determines, after notice

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

 9  and sufficient mechanism for providing universal service. In

10  making its recommendation, the commission shall consider the

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

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

13  included in a universal service mechanism or make a specific

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

15  If the commission determines that an item should be included

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

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

18  component should be included. If the commission determines

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

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

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

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

23  must be detailed and comprehensive. These items to be

24  considered are:

25         (1)  The requirements of the federal Telecommunications

26  Act of 1996 and any universal service support mechanism

27  established by the Federal Communications Commission.

28         (2)  Whether the universal service support mechanism

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2123, 2nd Eng.

    Amendment No.    





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

 2  such revenue benchmark shall be defined.

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

 4  determined by multiplying the number of customers subscribing

 5  to Lifeline service by the intrastate matching fund amount by

 6  12.

 7         (5)  The manner in which each telecommunications

 8  company shall be assessed its share of the universal service

 9  support.

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

11  include special provisions that address the service areas,

12  market conditions, information resources, or other

13  circumstances of small local exchange companies serving fewer

14  than 100,000 access lines.

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

16  nonbasic service prices and access charges shall be changed to

17  reflect any explicit universal service support net of its

18  contributions to any universal service support mechanism.

19         (8)  How any explicit universal service mechanism shall

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

21  selected.

22         (9)  How a telecommunications company shall qualify to

23  receive any explicit universal service support.

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

25  directives developed by the Federal Communications Commission

26  to open the local market to competition, which include

27  interconnection, network access, and resale, expedites the

28  need for the universal service fund.

29

30  In making its recommendation, the commission may include an

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2123, 2nd Eng.

    Amendment No.    





 1  commission first determines that it is a necessary component

 2  of a universal service mechanism as that mechanism is

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

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

 5  specificity the basis for its determination and the manner in

 6  which it should be included in the mechanism.

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

 8  337.401, Florida Statutes, 1998 Supplement, to read:

 9         337.401  Use of right-of-way for utilities subject to

10  regulation; permit; fees.--

11         (10)  This section, except subsections (1), (2), and

12  (6), does not apply to the provision of pay telephone service

13  on public or municipal roads or rights-of-way.

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

15  of this act shall not be impaired.

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

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

18         364.0252  Expansion of consumer information programs;

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

20  1999, The Florida Public Service Commission shall expand its

21  current consumer information program to inform consumers of

22  their rights as customers of competitive telecommunications

23  services and shall assist customers in resolving any billing

24  and service disputes that customers are unable to resolve

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

26  this program, require all telecommunications companies

27  providing local or long distance telecommunications services

28  to develop and provide information to customers. The

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

30  developed and the manner by which the information will be

31  provided to the customers. The Florida Public Service

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                                                  SENATE AMENDMENT

    Bill No. HB 2123, 2nd Eng.

    Amendment No.    





 1  Commission shall undertake a comprehensive and ongoing effort

 2  to inform consumers regarding how to protect themselves in a

 3  competitive telecommunications market.  Of specific concern

 4  are informing consumers concerning the availability of the

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

 6  alerting consumers to how they can avoid having their service

 7  changed or unauthorized charges added to their telephone

 8  bills.

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

10  Statutes, is amended to read:

11         364.24  Penalty for making telephone message or

12  customer account information known.--

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

14  telecommunications company shall not intentionally disclose

15  customer account records except as authorized by the customer

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

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

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

19  commits a misdemeanor of the second degree, punishable as

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

21  disclosure of customers' names, addresses, or telephone

22  numbers to the extent they are otherwise publicly available.

23  Nothing herein precludes a telecommunications company from

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

25  account record through telephonic means.

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

27  Florida Statutes, 1998 Supplement, to read:

28         240.311  State Board of Community Colleges; powers and

29  duties.--

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

31  authorized to develop and produce work products which relate

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                                                  SENATE AMENDMENT

    Bill No. HB 2123, 2nd Eng.

    Amendment No.    





 1  to mechanisms to provide for consolidated and coordinated

 2  program development and educational endeavors to support

 3  distance learning instruction which are subject to trademark,

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

 5  consider the relative contribution by the personnel employed

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

 7  binding agreements with such personnel, organizations,

 8  corporations, or government entities, which agreements shall

 9  establish the percentage of ownership of such trademarks,

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

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

12         1.  Perform all things necessary to secure letters of

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

14  and to enforce its rights therein.

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

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

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

18  other consideration as the board deems proper.

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

20  to protect the same against improper or unlawful use or

21  infringement.

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

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

24         5.  Sell any such work products and execute all

25  instruments necessary to consummate any such sale.

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

27  execution of powers and duties provided by this paragraph.

28

29  Any proceeds therefrom shall be deposited and expended by a

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

31  provisions of chapter 617 and approved by the Department of

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                                                  SENATE AMENDMENT

    Bill No. HB 2123, 2nd Eng.

    Amendment No.    





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

 2  producing and disseminating educational materials and products

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

 4  board in securing or exploiting such trademarks, copyrights,

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

 6  the Department of State.

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

 8  have produced materials and products and shall make them

 9  readily available for appropriate use in the state system of

10  education. The board is authorized to charge an amount

11  adequate to cover the essential cost of producing and

12  disseminating such materials and products in the state system

13  of education and is authorized to sell copies for educational

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

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

16  funds pursuant to this section shall make provisions for an

17  annual postaudit of its financial accounts to be conducted by

18  an independent certified public accountant in accordance with

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

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

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

22  authority to require and receive from the organization or from

23  its independent auditor any detail or supplemental data

24  relative to the operation of the organization.

25         (d)  By December 31, 1999, and annually thereafter, the

26  State Board of Community Colleges shall report on the

27  implementation of this section to the Speaker of the House of

28  Representatives and the President of the Senate.

29         Section 8.  Section 241.001, Florida Statutes, is

30  created to read:

31         241.001  Definitions.--As used in ss. 241.001-241.004,

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                                                  SENATE AMENDMENT

    Bill No. HB 2123, 2nd Eng.

    Amendment No.    





 1  the term:

 2         (1)  "Advanced telecommunications services" means

 3  network-based or wireless services that provide additional

 4  communications capabilities enabling the use of applications

 5  such as distance learning, video conferencing, data

 6  communications, and access to Internet.

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

 8         (3)  "Eligible facilities" includes all approved

 9  campuses and instructional centers of all public universities,

10  public community colleges, area technical centers, public

11  elementary schools, middle schools, and high schools,

12  including school administrative offices, public libraries,

13  teaching hospitals, the research institute described in s.

14  240.512, and rural public hospitals as defined in s. 395.602.

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

16  health clinic that is responsible for individuals before they

17  can be transferred to a regional hospital shall be considered

18  eligible.

19         Section 9.  Section 241.002, Florida Statutes, is

20  created to read:

21         241.002  Duties of the Department of Education.--The

22  duties of the Department of Education concerning distance

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

24         (1)  Facilitate the implementation of a statewide

25  coordinated system and resource system for cost-efficient

26  advanced telecommunications services and distance education

27  which will increase overall student access to education.

28         (2)  Coordinate the use of existing resources,

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

30  transponders on the education satellites, the SUNCOM Network,

31  the Florida Information Resource Network (FIRN), the

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                                                  SENATE AMENDMENT

    Bill No. HB 2123, 2nd Eng.

    Amendment No.    





 1  Department of Management Services, the Department of

 2  Corrections, and the Department of Children and Family

 3  Services' satellite communication facilities to support a

 4  statewide advanced telecommunications services and distance

 5  learning network.

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

 7  the production and uplink capabilities available through

 8  Florida's public television stations, eligible facilities,

 9  independent colleges and universities, private firms, and

10  others as needed.

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

12  cable television providers in the implementation of the

13  statewide advanced telecommunications services and distance

14  learning network.

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

16  telecommunications carriers to provide affordable student

17  access to advanced telecommunications services and to distance

18  learning.

19         (6)  Coordinate partnerships for development,

20  acquisition, use, and distribution of distance learning.

21         (7)  Secure and administer funding for programs and

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

23  and private sources and from fees derived from services and

24  materials.

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

26  and enter into lease agreements to maximize the use of

27  available transponder time.  All net revenue realized through

28  the leasing of available transponder time, after deducting the

29  costs of performing the management function, shall be recycled

30  to support the public education distance learning in this

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2123, 2nd Eng.

    Amendment No.    





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

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

 3  System.

 4         (9)  Hire appropriate staff which may include a

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

 6  is included in the Senior Management Service in accordance

 7  with s. 110.205.

 8

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

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

11  agency, district school board, community college board of

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

13  of Regents.

14         Section 10.  Section 241.003, Florida Statutes, is

15  created to read:

16         241.003  The Florida Distance Learning Network Advisory

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

18         (1)  The Florida Distance Learning Network Advisory

19  Council is created in the Department of Education to advise

20  and assist the department in carrying out its duties relating

21  to distance learning.

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

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

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

25  various entities who have interests in distance learning, and

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

27  regional organizations representing institutional consumers

28  and providers so as to establish a broadly based and

29  representative distance learning advisory council.

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

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2123, 2nd Eng.

    Amendment No.    





 1  public and private elementary and secondary schools; public

 2  and private postsecondary institutions, including vocational

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

 4  care community, including urban, rural, and teaching

 5  hospitals; the cable telecommunications industry; the local

 6  exchange telecommunications industry; and the interexchange

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

 8  University System or the chancellor's designee and the

 9  Executive Director of the Florida Community College System or

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

11  citizen.

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

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

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

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

16  terms.  Officers may be reelected.

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

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

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

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

21  the department concerning:

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

23  internationally, as deemed appropriate.

24         (b)  The recipients of the Educational Technology Grant

25  Program provided in s. 241.004.

26         (c)  Suggested legislation concerning distance

27  learning.

28         (d)  Any other issue regarding distance learning that

29  the council deems appropriate.

30         (3)  The department shall provide administrative and

31  support services to the advisory council.

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                                                  SENATE AMENDMENT

    Bill No. HB 2123, 2nd Eng.

    Amendment No.    





 1         Section 11.  Section 241.004, Florida Statutes, is

 2  created to read:

 3         241.004  Educational Technology Grant Program.--

 4         (1)  The Department of Education shall annually award

 5  grants to school districts, area technical centers, community

 6  colleges, state universities, and independent institutions

 7  eligible to participate in state student assistance programs

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

 9  give priority to cooperative proposals submitted by two or

10  more institutions or delivery systems.  The proposals shall

11  include:

12         (a)  Information which describes the educational

13  significance of the program or service in addressing state

14  educational priorities.

15         (b)  The target population for the program.

16         (c)  The program content to be transmitted.

17         (d)  The support services to be provided.

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

19  awarded for training both faculty and student learners in the

20  use and application of the products developed.

21         (2)  Programs and courses developed through the grant

22  program shall be marketed statewide and nationwide with a

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

24  retained by the developing institutions or systems and a

25  portion reinvested in the grant program for further program

26  development. The distribution of any revenues received shall

27  be determined by formal agreement between the department and

28  the developing system or institution.

29         (3)  The department shall identify state educational

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

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2123, 2nd Eng.

    Amendment No.    





 1  department shall ensure the quality of the programs and

 2  courses produced through the grants and produce an annual

 3  status report by March 1 describing the projects funded and

 4  accounting for any proceeds.

 5         Section 12.  Sections 364.509, 364.510, 364.511,

 6  364.512, 364.513, and 364.514, Florida Statutes, are repealed.

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

 8  Service Technology Development Task Force which shall be

 9  located within the Department of Management Services for the

10  purpose of developing policies that will benefit residents of

11  this state by fostering the free-market development and

12  beneficial use of advanced communications networks and

13  information technologies within this state.  The task force

14  shall be composed of 34 members as follows:

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

16  the Florida Department of Law Enforcement, the Chancellor of

17  the State University System, the Commissioner of Education,

18  the executive director of the State Board of Community

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

20  Economic Development, the executive director of the Department

21  of Revenue, a representative of the Florida Council of

22  American Electronics Association, a representative of the

23  Florida Internet Providers Association, a representative of

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

25  Technology Council, and the secretary of the Department of

26  Management Services.

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

28  member from each of the following categories: a

29  facilities-based interexchange telecommunications company, a

30  wireless telecommunications company, an alternative local

31  exchange telecommunications company, an internet service

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                                                  SENATE AMENDMENT

    Bill No. HB 2123, 2nd Eng.

    Amendment No.    





 1  provider with more than one million customers, the

 2  entertainment industry, a computer or telecommunications

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

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

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

 6  cable television provider, a computer software company, the

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

 8  exchange telecommunications company, the tourist industry, and

 9  one member of the House of Representatives.

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

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

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

13  local government that is an alternative local exchange

14  telecommunications company or an Internet service provider,

15  and four members as determined by the Governor to

16  appropriately represent technology providers, manufacturers,

17  retailers, and users.

18         (e)  The minority leader of the House of

19  Representatives shall appoint one member of the House of

20  Representatives.

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

22  one member of the Senate.

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

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

25  participate in three consecutive meetings shall result in the

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

27  encouraged to implement electronic bulletin boards and other

28  means for the exchange of ideas throughout the year.

29         (3)  The task force shall develop overarching

30  principles to guide state policy decisions with respect to the

31  free-market development and beneficial use of advanced

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                                                  SENATE AMENDMENT

    Bill No. HB 2123, 2nd Eng.

    Amendment No.    





 1  communications networks and information technologies, identify

 2  factors that will affect whether these technologies will

 3  flourish in Florida, and develop policy recommendations for

 4  each factor.

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

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

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

 8  Representatives outlining principles, policy recommendations,

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

10  publish other documents throughout the year.

11         (5)  The State Technology Office within the Department

12  of Management Services shall provide support staff for the

13  task force and promote public awareness of the development of

14  principles and policy recommendations by the task force. The

15  State University System shall assist the task force as

16  necessary.

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

18  2001.

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

20  $375,100 is appropriated from the General Revenue Fund to the

21  State Technology Office in the Department of Management

22  Services and four positions are created in the department for

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

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

25  appropriated from the Florida Public Service Regulatory Trust

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

27  and two positions for the purpose of carrying out the

28  provisions of section 5 of this act.

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

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

31  Legislature, is repealed.

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                                                  SENATE AMENDMENT

    Bill No. HB 2123, 2nd Eng.

    Amendment No.    





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

 2  this act shall take effect upon becoming a law.

 3

 4

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

 6  And the title is amended as follows:

 7         Delete everything before the enacting clause,

 8

 9  and insert:

10                      A bill to be entitled

11         An act relating to telecommunications; amending

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

13         extending time for establishment of permanent

14         universal service mechanism; providing

15         limitations; deleting obsolete provisions;

16         providing for a study; amending s. 337.401,

17         F.S.; specifying that specified provisions do

18         not apply to the provision of pay telephone

19         service on public or municipal roads or

20         rights-of-way; providing for application;

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

22         Florida Public Service Commission to inform

23         consumers about specific matters in the

24         telecommunications services market; amending s.

25         364.24 F.S.; providing for telephonic customer

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

27         authorizing the State Board of Community

28         Colleges to develop and produce certain work

29         products related to distance learning;

30         authorizing fees for such materials for

31         purposes of educational use; requiring annual

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                                                  SENATE AMENDMENT

    Bill No. HB 2123, 2nd Eng.

    Amendment No.    





 1         postaudits; requiring the adoption of rules;

 2         requiring the submission of reports; creating

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

 4         prescribing duties of the Department of

 5         Education with respect to distance learning;

 6         creating the Florida Distance Learning Network

 7         Advisory Council and providing for its

 8         membership, meetings, and responsibilities;

 9         creating a grant program to award grants to

10         certain educational institutions; repealing ss.

11         364.509, 364.510, 364.511, 364.512, 364.513,

12         364.514, F.S., relating to the Education

13         Facilities Infrastructure Improvement Act;

14         establishing a task force in the Department of

15         Management Services; providing for

16         representation; providing responsibilities;

17         providing for meetings of the task force;

18         providing for support staff for the task force;

19         requiring reports; providing for the

20         dissolution of the task force; providing an

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

22         enacted in the 1999 Regular Session of the

23         Legislature, relating to performance measures

24         for the Florida Public Service Commission;

25         providing effective dates.

26

27

28

29

30

31

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