House Bill 2123

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    Florida House of Representatives - 1999                HB 2123

        By the Committee on Utilities & Communications and
    Representative Rojas





  1                      A bill to be entitled

  2         An act relating to telecommunications services;

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

  4         Florida Public Service Commission to inform

  5         consumers about specific matters in the

  6         telecommunications services market; amending s.

  7         364.24 F.S.; providing for telephonic customer

  8         account information; amending s. 364.507, F.S.;

  9         changing a cross reference; amending s.

10         364.508, F.S.; deleting certain definitions;

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

12         the Department of Education relating to

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

14         creating the Florida Distance Learning Network

15         Advisory Council in the Department of

16         Education; providing for membership; specifying

17         representation; providing for organization,

18         procedures, and compensation of the council;

19         providing responsibilities of the council;

20         requiring the department to provide

21         administrative and support services for the

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

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

24         of the board of directors of the Florida

25         Distance Learning Network; repealing s.

26         364.512, F.S., relating to the executive

27         director of the network; repealing s. 364.513,

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

29         of the network; providing an effective date.

30

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

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  1         Section 1.  Section 364.0252, Florida Statutes, 1998

  2  Supplement, is amended to read:

  3         364.0252  Expansion of consumer information programs;

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

  5  1999, The Florida Public Service Commission shall expand its

  6  current consumer information program to inform consumers of

  7  their rights as customers of competitive telecommunications

  8  services and shall assist customers in resolving any billing

  9  and service disputes that customers are unable to resolve

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

11  this program, require all telecommunications companies

12  providing local or long distance telecommunications services

13  to develop and provide information to customers. The

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

15  developed and the manner by which the information will be

16  provided to the customers. On July 1, 1999, the Florida Public

17  Service Commission shall undertake a comprehensive and ongoing

18  effort to inform consumers regarding how to protect themselves

19  in a competitive telecommunications market.  Of specific

20  concern are informing consumers concerning the availability of

21  the Lifeline and Link-Up Programs for low-income households

22  and alerting consumers to how they can avoid having their

23  service changed or unauthorized charges added to their

24  telephone bills.

25         Section 2.  Subsection (2) of section 364.24, Florida

26  Statutes, is amended to read:

27         364.24  Penalty for making telephone message or

28  customer account information known.--

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

30  telecommunications company shall not intentionally disclose

31  customer account records except as authorized by the customer

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

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

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

  4  commits a misdemeanor of the second degree, punishable as

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

  6  disclosure of customers' names, addresses, or telephone

  7  numbers to the extent they are otherwise publicly available.

  8  Nothing herein precludes a telecommunications company from

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

10  account record through telephonic means.

11         Section 3.  Subsection (2) of section 364.507, Florida

12  Statutes, is amended to read:

13         364.507  Legislative intent.--

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

15  exchange telecommunications companies, including those with

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

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

18  should be required to provide advanced telecommunications

19  services to eligible facilities in the absence of a

20  competitive bid to provide such services pursuant to s.

21  364.515(3) 364.510(3). This obligation arises from the

22  privileges granted such local exchange telecommunications

23  companies under part I of this chapter.

24         Section 4.  Section 364.508, Florida Statutes, is

25  amended to read:

26         364.508  Definitions.--As used in this part:

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

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

29  Network.

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  1         (2)(3)  "Telecommunications company" means any entity

  2  certified under this chapter to provide telecommunications

  3  service.

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

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

  6  522.

  7         (4)(5)  "Advanced telecommunications services" are

  8  defined as network-based or wireless services that provide

  9  additional communications capabilities enabling the use of

10  applications such as distance learning, video conferencing,

11  data communications, and access to Internet.

12         (6)  "Plan" means the Education Facilities

13  Infrastructure Improvement Plan, a document that includes a

14  needs assessment report and identifies telecommunications

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

16  projected deployment of technologies necessary for delivery of

17  advanced telecommunications services to eligible facilities

18  who request such services.

19         (5)(7)  "Eligible facilities" means all approved

20  campuses and instructional centers of all public universities,

21  public community colleges, area technical centers, public

22  elementary schools, middle schools, and high schools,

23  including school administrative offices, public libraries,

24  teaching hospitals, the research institute described in s.

25  240.512, and rural public hospitals as defined in s. 395.602.

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

27  health clinic which is responsible for individuals before they

28  can be transferred to a regional hospital shall be considered

29  eligible.

30         Section 5.  Section 364.509, Florida Statutes, is

31  amended to read:

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  1         (Substantial rewording of section.  See

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

  3         364.509  Duties of the Department of Education.--The

  4  duties of the Department of Education concerning distance

  5  learning include, but are not limited to:

  6         (1)  Facilitate the implementation of a statewide

  7  coordinated system and resource system for cost-efficient

  8  advanced telecommunications services and distance education

  9  which will increase overall student access to education.

10         (2)  Coordinate the use of existing resources,

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

12  transponders on the education satellites, the SUNCOM Network,

13  the Florida Information Resource Network (FIRN), the

14  Department of Management Services, the Department of

15  Corrections, and the Department of Children and Family

16  Services' satellite communication facilities to support a

17  statewide advanced telecommunications services and distance

18  learning network.

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

20  the production and uplink capabilities available through

21  Florida's public television stations, eligible facilities,

22  independent colleges and universities, private firms, and

23  others as may be needed.

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

25  cable television providers in the implementation of the

26  statewide advanced telecommunications services and distance

27  learning network.

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

29  telecommunications carriers to provide affordable student

30  access to advanced telecommunications services and to distance

31  learning.

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  1         (6)  Coordinate partnerships for development,

  2  acquisition, use, and distribution of distance learning.

  3         (7)  Secure and administer funding for programs and

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

  5  and private sources and from fees derived from services and

  6  materials.

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

  8  and enter into lease agreements to maximize the use of

  9  available transponder time.  All net revenue realized through

10  the leasing of available transponder time, after deducting the

11  costs of performing the management function, shall be recycled

12  to support the public education distance learning in this

13  state.

14         (9)  Hire appropriate staff which may include a

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

16  is included in the Senior Management Service in accordance

17  with s. 110.205.

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

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

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

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

22  the Board of Regents.

23         Section 6.  Section 364.510, Florida Statutes, is

24  amended to read:

25         (Substantial rewording of section.  See

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

27         364.510  The Florida Distance Learning Network Advisory

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

29         (1)  The Florida Distance Learning Network Advisory

30  Council is created in the Department of Education to advise

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  1  and assist the department in carrying out its duties relating

  2  to distance learning.

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

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

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

  6  various entities who have interests in distance learning, and

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

  8  regional organizations representing institutional consumers

  9  and providers so as to establish a broadly based and

10  representative distance learning advisory council.

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

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

13  public and private elementary and secondary schools; public

14  and private postsecondary institutions, including vocational

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

16  care community, including urban, rural, and teaching

17  hospitals; the cable telecommunications industry; the local

18  exchange telecommunications industry; and the interexchange

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

20  University System or the chancellor's designee and the

21  Executive Director of the Florida Community College System or

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

23  citizen.

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

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

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

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

28  terms.  Officers may be re-elected.

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

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

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  1  commissioner, or at such times as its membership may

  2  prescribe.

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

  4  the department on:

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

  6  internationally, as deemed appropriate.

  7         (b)  The recipients of the Educational Technology Grant

  8  Program provided in s. 364.514.

  9         (c)  Suggested legislation concerning distance

10  learning.

11         (d)  Any other issue regarding distance learning that

12  the council deems appropriate.

13         (3)  The department shall provide administrative and

14  support services to the advisory council.

15         Section 7.  Subsection (2) of section 364.514, Florida

16  Statutes, is amended to read:

17         364.514  Educational Technology Grant Program.--

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

19  Learning Network shall annually award grants to school

20  districts, area technical centers, community colleges, state

21  universities, and independent institutions eligible to

22  participate in state student assistance programs established

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

24  of the corporation shall give priority to cooperative

25  proposals submitted by two or more institutions or delivery

26  systems.  The proposals shall include:

27         1.  Information which describes the educational

28  significance of the program or service in addressing state

29  educational priorities.

30         2.  The target population for the program.

31         3.  The program content to be transmitted.

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  1         4.  The support services to be provided.

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

  3  awarded for training both faculty and student learners in the

  4  use and application of the products developed.

  5         (b)  Programs and courses developed through the grant

  6  program shall be marketed statewide and nationwide with a

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

  8  retained by the developing institutions or systems and a

  9  portion reinvested in the grant program for further program

10  development. The distribution of any revenues received shall

11  be determined by formal agreement between the department board

12  of directors and the developing system or institution.

13         (c)  The department board of directors shall identify

14  state educational priorities and issue a request for proposals

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

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

17  programs and courses produced through the grants and produce

18  an annual status report by March 1 describing the projects

19  funded and accounting for any proceeds.

20         Section 8.  Sections 364.511, 364.512, and 364.513,

21  Florida Statutes, are repealed.

22         Section 9.  This act shall take effect July 1, 1999.

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  2                          HOUSE SUMMARY

  3
      Directs the Florida Public Service Commission to inform
  4    consumers about specific matters in the
      telecommunications services market. Specifies duties of
  5    the Department of Education relating to distance
      learning. Creates the Florida Distance Learning Network
  6    Advisory Council in the department to advise and assist
      the department in carrying out its duties related to
  7    distance learning and to study and make recommendations
      to the department on a statewide, national, and
  8    international marketing program, recipients of grants
      under the educational technology grant program, suggested
  9    legislation concerning distance learning, and other
      issues regarding distance learning. Repeals provisions
10    relating to the powers of the board of directors of the
      Florida Distance Learning Network, the executive director
11    of the network, and the annual report and audits of the
      network. See bill for details.
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