CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. HB 2123, 2nd Eng.
Amendment No.
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4
5
6
7
8
9
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
1
2:43 PM 04/27/99 h2123c-23x05
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
2
2:43 PM 04/27/99 h2123c-23x05
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
3
2:43 PM 04/27/99 h2123c-23x05
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
4
2:43 PM 04/27/99 h2123c-23x05
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
5
2:43 PM 04/27/99 h2123c-23x05
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.
6
2:43 PM 04/27/99 h2123c-23x05
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
7
2:43 PM 04/27/99 h2123c-23x05
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
8
2:43 PM 04/27/99 h2123c-23x05
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
9
2:43 PM 04/27/99 h2123c-23x05
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
10
2:43 PM 04/27/99 h2123c-23x05
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,
11
2:43 PM 04/27/99 h2123c-23x05
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
12
2:43 PM 04/27/99 h2123c-23x05
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
13
2:43 PM 04/27/99 h2123c-23x05
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,
14
2:43 PM 04/27/99 h2123c-23x05
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.
15
2:43 PM 04/27/99 h2123c-23x05
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
16
2:43 PM 04/27/99 h2123c-23x05
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
17
2:43 PM 04/27/99 h2123c-23x05
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
18
2:43 PM 04/27/99 h2123c-23x05
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.
19
2:43 PM 04/27/99 h2123c-23x05
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
20
2:43 PM 04/27/99 h2123c-23x05
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
21
2:43 PM 04/27/99 h2123c-23x05