HB 0681 2004
1	A bill to be entitled
2	An act relating to automated telephone answering systems;
3	creating s. 282.108, F.S.; providing legislative intent
4	with respect to automated telephone answering systems
5	operated by state agencies; defining terms; requiring that
6	each state agency provide an alternative menu option on
7	each automated telephone answering system to allow the
8	public to talk to an agency employee during normal
9	business hours; providing exceptions for telephone calls
10	received after normal business hours and on weekends and
11	holidays; providing for dates of implementation by state
12	agencies; exempting any 511 traveler information system
13	operated by Department of Transportation; prohibiting a
14	state employee from using an automated telephone answering
15	system except under specified circumstances; requiring the
16	State Technology Office to ensure the proper
17	administration of automated telephone answering systems by
18	state agencies; requiring the State Technology Office to
19	adopt rules; requiring reports to the Governor and
20	Legislature; providing for implementation; repealing s.
21	110.1082, F.S., relating to telephone voice mail systems
22	and telephone menu options systems; providing an effective
23	date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1. Section 282.108, Florida Statutes, is created
28	to read:
29	282.108 State agency automated telephone answering
30	systems.--
31	(1) The Legislature finds that:
32	(a) State agencies are appropriately concerned about
33	making information accessible to the public and maintaining high
34	standards of customer service. Nevertheless, while many state
35	agencies use automated telephone answering systems to decrease
36	costs and increase efficiency, there are times when it is
37	important that an employee rather than an automated system
38	answer the telephone at a state agency.
39	(b) The people of this state, including business owners,
40	visitors, and legislators, have expressed concern that some
41	state agencies improperly rely on voice mail and other automated
42	telephone answering systems to screen calls and direct callers.
43	Some telephone systems operated by state agencies require
44	callers to proceed through several menus in order to finally
45	reach an individual extension, which is an arrangement that can
46	be intimidating to the caller. Many state telephone systems also
47	make it difficult to reach an attendant or operator at the
48	agency. As a consequence, individuals who call a state agency
49	become frustrated in their attempts to obtain information and
50	are trapped in a voice-mail loop.
51	(c) While automated telephone systems and voice mail are
52	intended to improve efficiency, the first duty of state
53	government is to serve the people, and efficiency should not
54	impede the average member of the public in attempting to contact
55	a state agency for service or information.
56	(2) As used in this section, the term:
57	(a) "Automated telephone answering system" or "interactive
58	voice response system" means a software application that accepts
59	a combination of voice telephone input and touch-tone keypad
60	selection and provides appropriate responses in the form of a
61	voice, fax, callback, e-mail, or other media response.
62	(b) "Menu" means the first point in the telephone call at
63	which the caller is asked to choose from two or more options,
64	regardless of whether that choice is referred to as a menu,
65	router, or other term within the telephone industry.
66	(3)(a) Each state agency shall make available, as an
67	interactive voice response system or an automated telephone
68	answering system caller menu option, the option of promptly
69	reaching an agency employee who is trained to answer basic
70	inquiries or otherwise direct the caller to someone appropriate
71	to respond to the caller's request for information. Each agency
72	shall allocate a minimum of two telephone lines to handle its
73	responsibilities under this section and shall monitor on-hold
74	times, with the goal of an average response time of 5 minutes or
75	less.
76	(b) Paragraph (a) applies to telephone calls received by
77	each state agency during its regular hours of operation. After
78	normal business hours, or on weekends and holidays, the agency
79	may rely exclusively upon an interactive voice response system
80	or an automated telephone answering system.
81	(c)1. Each state agency that uses an interactive voice
82	response system or automated telephone answering system on any
83	incoming telephone system accessible by the public shall, by
84	January 1, 2005, reprogram the system's menus to comply with
85	paragraphs (a) and (b).
86	2. After January 1, 2005, a state agency may not install
87	or upgrade a telephone system with an interactive voice response
88	system or automated telephone answering system on any incoming
89	telephone system accessible by the public unless it complies
90	with paragraphs (a) and (b).
91	(d) This subsection does not apply to any "511" traveler
92	information system operated by the Department of Transportation.
93	(4) A state employee may not use an automated telephone
94	answering system when the employee is at his or her regularly
95	assigned work station if his or her telephone is functional and
96	available for use, unless:
97	(a) The telephone is in use;
98	(b) The automated telephone answering system provides the
99	caller the option of promptly reaching an agency employee who
100	can direct the caller to someone appropriate to respond to the
101	caller's request; or
102	(c) The automated telephone answering system automatically
103	transfers the caller to someone appropriate to respond to the
104	caller's request.
105	(5) The State Technology Office shall:
106	(a) Adopt rules to establish standards for employees
107	answering telephones and require that automated telephone
108	answering systems provide the caller with the option of promptly
109	reaching an agency employee during the first part of the
110	automated menu.
111	(b) Ensure that each agency establishes or adopts an
112	internal procedure for answering telephone calls placed to the
113	agency during its regular business hours which complies with the
114	requirements of this section.
115	(c) Report to the Governor, the President of the Senate,
116	and the Speaker of the House of Representatives by January 1,
117	2005, on the standards adopted under paragraph (a).
118	(d) Report to the Governor, the President of the Senate,
119	and the Speaker of the House of Representatives by July 1, 2005,
120	on the progress state agencies have made in reducing reliance on
121	automated telephone answering systems as required by this
122	section.
123	Section 2. This act shall be implemented by state agencies
124	using existing personnel and within existing resources.
125	Section 3. Section 110.1082, Florida Statutes, is
126	repealed.
127	Section 4. This act shall take effect upon becoming a law.