Senate Bill 2296c1

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    Florida Senate - 1999                           CS for SB 2296

    By the Committee on Regulated Industries and Senator Casas





    315-2109A-99

  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. 364.508, F.S.;

  9         deleting certain definitions; amending s.

10         364.509, F.S.; specifying duties of the

11         Department of Education relating to distance

12         learning; amending s. 364.510, F.S.; creating

13         the Florida Distance Learning Network Advisory

14         Council in the Department of Education;

15         providing for membership; specifying

16         representation; providing for organization,

17         procedures, and compensation of the council;

18         providing responsibilities of the council;

19         requiring the department to provide

20         administrative and support services for the

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

22         repealing s. 364.506, F.S., relating to the

23         short title to part II, ch. 364, F.S.;

24         repealing s. 364.507, F.S., relating to

25         legislative intent; repealing 364.511, F.S.,

26         relating to the powers of the board of

27         directors of the Florida Distance Learning

28         Network; repealing s. 364.512, F.S., relating

29         to the executive director of the network;

30         repealing s. 364.513, F.S., relating to the

31         annual report and audits of the network;

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    Florida Senate - 1999                           CS for SB 2296
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  1         providing an appropriation; providing an

  2         effective date.

  3

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

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  6         Section 1.  Section 364.0252, Florida Statutes, 1998

  7  Supplement, is amended to read:

  8         364.0252  Expansion of consumer information programs;

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

10  1999, The Florida Public Service Commission shall expand its

11  current consumer information program to inform consumers of

12  their rights as customers of competitive telecommunications

13  services and shall assist customers in resolving any billing

14  and service disputes that customers are unable to resolve

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

16  this program, require all telecommunications companies

17  providing local or long distance telecommunications services

18  to develop and provide information to customers. The

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

20  developed and the manner by which the information will be

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

22  Service Commission shall undertake a comprehensive and ongoing

23  effort to inform consumers regarding how to protect themselves

24  in a competitive telecommunications market; of specific

25  concern are informing consumers concerning the availability of

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

27  and alerting consumers to how they can avoid having their

28  service changed or unauthorized charges added to their

29  telephone bills.

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

31  Statutes, is amended to read:

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    Florida Senate - 1999                           CS for SB 2296
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  1         364.24  Penalty for making telephone message or

  2  customer account information known.--

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

  4  telecommunications company shall not intentionally disclose

  5  customer account records except as authorized by the customer

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

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

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

  9  commits a misdemeanor of the second degree, punishable as

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

11  disclosure of customers' names, addresses, or telephone

12  numbers to the extent they are otherwise publicly available.

13  Nothing in this subsection precludes a telecommunications

14  company from making available to its customers a customer's

15  own customer account record through telephonic means.

16         Section 3.  Section 364.508, Florida Statutes, is

17  transferred, renumbered as section 241.001, and amended to

18  read:

19         241.001 364.508  Definitions.--As used in this part:

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

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

22  Network.

23         (2)(3)  "Telecommunications company" means any entity

24  certified under this chapter to provide telecommunications

25  service.

26         (3)(4)  "Cable company" means a cable television

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

28  522.

29         (4)(5)  "Advanced telecommunications services" are

30  defined as network-based or wireless services that provide

31  additional communications capabilities enabling the use of

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    Florida Senate - 1999                           CS for SB 2296
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  1  applications such as distance learning, video conferencing,

  2  data communications, and access to Internet.

  3         (6)  "Plan" means the Education Facilities

  4  Infrastructure Improvement Plan, a document that includes a

  5  needs assessment report and identifies telecommunications

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

  7  projected deployment of technologies necessary for delivery of

  8  advanced telecommunications services to eligible facilities

  9  who request such services.

10         (5)(7)  "Eligible facilities" means all approved

11  campuses and instructional centers of all public universities,

12  public community colleges, area technical centers, public

13  elementary schools, middle schools, and high schools,

14  including school administrative offices, public libraries,

15  teaching hospitals, the research institute described in s.

16  240.512, and rural public hospitals as defined in s. 395.602.

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

18  health clinic which is responsible for individuals before they

19  can be transferred to a regional hospital shall be considered

20  eligible.

21         Section 4.  Section 364.509, Florida Statutes, is

22  transferred, renumbered as section 241.002, and amended to

23  read:

24         (Substantial rewording of section.  See

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

26         241.002  Duties of the Department of Education.--The

27  duties of the Department of Education concerning distance

28  learning include, but are not limited to:

29         (1)  Facilitate the implementation of a statewide

30  coordinated system and resource system for cost-efficient

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    Florida Senate - 1999                           CS for SB 2296
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  1  advanced telecommunications services and distance education

  2  which will increase overall student access to education.

  3         (2)  Coordinate the use of existing resources,

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

  5  transponders on the education satellites, the SUNCOM Network,

  6  the Florida Information Resource Network (FIRN), the

  7  Department of Management Services, the Department of

  8  Corrections, and the Department of Children and Family

  9  Services' satellite communication facilities to support a

10  statewide advanced telecommunications services and distance

11  learning network.

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

13  the production and uplink capabilities available through

14  Florida's public television stations, eligible facilities,

15  independent colleges and universities, private firms, and

16  others as may be needed.

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

18  cable television providers in the implementation of the

19  statewide advanced telecommunications services and distance

20  learning network.

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

22  telecommunications carriers to provide affordable student

23  access to advanced telecommunications services and to distance

24  learning.

25         (6)  Coordinate partnerships for development,

26  acquisition, use, and distribution of distance learning.

27         (7)  Secure and administer funding for programs and

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

29  and private sources and from fees derived from services and

30  materials.

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    Florida Senate - 1999                           CS for SB 2296
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  1         (8)  Manage the state's satellite transponder resources

  2  and enter into lease agreements to maximize the use of

  3  available transponder time.  All net revenue realized through

  4  the leasing of available transponder time, after deducting the

  5  costs of performing the management function, shall be recycled

  6  to support the public education distance learning in this

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

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

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

10  System.

11         (9)  Hire appropriate staff which may include a

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

13  is included in the Senior Management Service in accordance

14  with s. 110.205.

15         (10)  Nothing in ss. 241.001-241.004 shall be construed

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

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

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

19  the Board of Regents.

20         Section 5.  Section 364.510, Florida Statutes, is

21  transferred, renumbered as section 241.003, and amended to

22  read:

23         (Substantial rewording of section.  See

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

25         241.003  The Florida Distance Learning Network Advisory

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

27         (1)  The Florida Distance Learning Network Advisory

28  Council is created in the Department of Education to advise

29  and assist the department in carrying out its duties relating

30  to distance learning.

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    Florida Senate - 1999                           CS for SB 2296
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  1         (a)  Composition.--The advisory council, to be

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

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

  4  various entities who have interests in distance learning, and

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

  6  regional organizations representing institutional consumers

  7  and providers so as to establish a broadly based and

  8  representative distance learning advisory council.

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

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

11  public and private elementary and secondary schools; public

12  and private postsecondary institutions, including vocational

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

14  care community, including urban, rural, and teaching

15  hospitals; the cable telecommunications industry; the local

16  exchange telecommunications industry; and the interexchange

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

18  University System or the chancellor's designee and the

19  Executive Director of the Florida Community College System or

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

21  citizen.

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

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

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

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

26  terms.  Officers may be re-elected.

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

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

29  commissioner, or at such times as its membership may

30  prescribe.

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    Florida Senate - 1999                           CS for SB 2296
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  1         (2)  The advisory council may study and recommend to

  2  the department on:

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

  4  internationally, as deemed appropriate.

  5         (b)  The recipients of the Educational Technology Grant

  6  Program provided in s. 241.004.

  7         (c)  Suggested legislation concerning distance

  8  learning.

  9         (d)  Any other issue regarding distance learning that

10  the council deems appropriate.

11         (3)  The department shall provide administrative and

12  support services to the advisory council.

13         Section 6.  Section 364.514, Florida Statutes, is

14  transferred, renumbered as 241.004, and amended to read:

15         241.004 364.514  Educational Technology Grant

16  Program.--

17         (1)  The Educational Technology Grant Program is

18  created to support the development of and provide incentives

19  for technologically delivered educational courses and

20  programs.

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

22  Learning Network shall annually award grants to school

23  districts, area technical centers, community colleges, state

24  universities, and independent institutions eligible to

25  participate in state student assistance programs established

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

27  of the corporation shall give priority to cooperative

28  proposals submitted by two or more institutions or delivery

29  systems.  The proposals shall include:

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    Florida Senate - 1999                           CS for SB 2296
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  1         1.  Information which describes the educational

  2  significance of the program or service in addressing state

  3  educational priorities.

  4         2.  The target population for the program.

  5         3.  The program content to be transmitted.

  6         4.  The support services to be provided.

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

  8  awarded for training both faculty and student learners in the

  9  use and application of the products developed.

10         (b)  Programs and courses developed through the grant

11  program shall be marketed statewide and nationwide with a

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

13  retained by the developing institutions or systems and a

14  portion reinvested in the grant program for further program

15  development. The distribution of any revenues received shall

16  be determined by formal agreement between the department board

17  of directors and the developing system or institution.

18         (c)  The department board of directors shall identify

19  state educational priorities and issue a request for proposals

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

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

22  programs and courses produced through the grants and produce

23  an annual status report by March 1 describing the projects

24  funded and accounting for any proceeds.

25         Section 7.  Sections 364.506, 364.507, 364.511,

26  364.512, and 364.513, Florida Statutes, are repealed.

27         Section 8.  There is appropriated from the Florida

28  Public Service Regulatory Trust Fund to the Public Service

29  Commission the sum of $1 million, and two additional positions

30  are authorized, for the purpose of carrying out the provisions

31  of Section 1 of this act for Fiscal Year 1999-2000.

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    Florida Senate - 1999                           CS for SB 2296
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  1         Section 9.  This act shall take effect July 1, 1999.

  2

  3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  4                             SB 2296

  5

  6  Amends existing laws regarding distance learning by putting
    distance learning directly within the duties of the Department
  7  of Education.

  8  Replaces the Florida Distance Learning Network corporation and
    its board of directors with the Florida Distance Learning
  9  Network Advisory Council as a part of the Department of
    Education to advise and assist the department in its duties.
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    Transfers responsibility for awarding Education Technology
11  Grants from the Florida Distance Learning Network to the
    Department of Education.
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    Allows telecommunications companies to make available to
13  customers their own account records through telephonic means.

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