HB 0681

CS

CHAMBER ACTION

1	The Committee on Business Regulation recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to automated telephone answering systems;
7	creating s. 282.108, F.S.; defining terms; requiring state
8	agencies and agents acting on behalf of a state agency to
9	provide during specified hours an option, during the first
10	minute of a call answered by an automated telephone
11	answering system, that permits callers to reach an
12	employee or agent; requiring allocation of at least two
13	telephone lines for certain responsibilities; requiring
14	on-hold times to be monitored during certain hours;
15	providing an exception for the 511 traveler information
16	system; prohibiting a state agency or agent employee from
17	using an automated telephone answering system except under
18	specified circumstances; requiring state agencies to
19	submit annual reports to the State Technology Office;
20	requiring the State Technology Office to adopt rules for
21	the submission of such reports; requiring the State
22	Technology Office to submit annual reports to the Governor
23	and the Legislature; providing that no cause of action
24	arises due to a failure to comply with the act; requiring
25	implementation by state agencies utilizing existing
26	personnel and resources; repealing s. 110.1082, F.S.,
27	relating to telephone voice mail systems and telephone
28	menu options systems; providing an effective date.
29
30	WHEREAS, state agencies are appropriately concerned about
31	making information accessible to the public and maintaining high
32	standards of customer service, and
33	WHEREAS, while many state agencies use automated telephone
34	answering systems to decrease costs and increase efficiency,
35	there are times when it is important that an employee rather
36	than an automated system answer the telephone, and
37	WHEREAS, the people of this state, including business
38	owners, visitors, and legislators, have expressed concern that
39	some state agencies improperly rely on voice mail and other
40	automated telephone answering systems to screen calls and direct
41	callers, and
42	WHEREAS, some telephone systems operated by state agencies
43	require callers to proceed through several menus in order to
44	finally reach an individual extension, which is an arrangement
45	that can be intimidating to the caller, and
46	WHEREAS, many telephone systems also make it difficult to
47	reach an attendant or operator at the state agency, and
48	WHEREAS, as a consequence, individuals who call a state
49	agency become frustrated in their attempts to obtain information
50	and are trapped in a voice mail loop, and
51	WHEREAS, while automated telephone answering systems and
52	voice mail are intended to improve efficiency, the first duty of
53	state government is to serve the people, and efficiency should
54	not impede the average member of the public in attempting to
55	contact a state agency for service or information, NOW,
56	THEREFORE,
57
58	Be It Enacted by the Legislature of the State of Florida:
59
60	Section 1.  Section 282.108, Florida Statutes, is created
61	to read:
62	282.108  State agency automated telephone answering
63	systems.--
64	(1)  As used in this section, the term:
65	(a)  "Agent" means any person answering incoming telephone
66	calls from the public on behalf of a state agency pursuant to a
67	contract executed or renewed on or after January 1, 2005.
68	(b)  "Automated telephone answering system" means a
69	software application that is used by a state agency or agent to
70	answer incoming telephone calls from the public; that accepts
71	voice telephone or touch-tone keypad input; and that provides
72	responses in the form of a voice, fax, callback, e-mail, or
73	other media response.
74	(c)  "Menu" means the first time during a telephone call
75	answered by an automated telephone answering system when the
76	caller is asked to choose from two or more options, regardless
77	of whether those options are referred to as a menu or router or
78	by any other term.
79	(d)  "On-hold time" means the amount of time that a caller
80	is not speaking with an employee of a state agency or an agent
81	or is not interacting with options provided by the automated
82	telephone answering system.
83	(e)  "State agency" means any official, officer,
84	commission, board, authority, council, committee, or department
85	of the executive branch of state government.
86	(2)(a)  On or before January 1, 2005, each state agency and
87	agent during regular hours of operation shall make available,
88	during the first minute of any telephone call answered by an
89	automated telephone answering system, a menu option that permits
90	callers to reach an employee of the state agency or an agent who
91	is trained to answer basic inquiries or to otherwise direct the
92	caller to someone appropriate to respond to the caller. Each
93	state agency and agent shall allocate a minimum of two telephone
94	lines to handle the responsibilities under this paragraph and
95	shall monitor on-hold times during regular hours of operation,
96	with the goal of an average on-hold time of 5 minutes or less
97	per telephone call. During nonoperational hours, the state
98	agency or agent may rely exclusively upon an automated telephone
99	answering system.
100	(b)  This subsection does not apply to any 511 traveler
101	information system operated by the Department of Transportation.
102	(3)  An employee of a state agency or an agent may not use
103	an automated telephone answering system when the employee is at
104	his or her regularly assigned work station if his or her
105	telephone is functional and available for use, unless:
106	(a)  The telephone is in use; or
107	(b)  The automated telephone answering system transfers the
108	caller to someone appropriate to respond to the caller or
109	provides the caller with an option of promptly reaching an
110	employee of a state agency or agent who can direct the caller to
111	someone appropriate to respond to the caller.
112	(4)  Each state agency shall submit an annual report to the
113	State Technology Office as provided for in this subsection. The
114	State Technology Office shall:
115	(a)  Adopt rules pursuant to ss. 120.536(1) and 120.54 by
116	January 1, 2005, requiring each state agency on behalf of itself
117	and its agents to submit a written report to the office on July
118	31, 2005, and annually thereafter, which relates to the previous
119	fiscal year and which describes actions taken to ensure
120	compliance with this section, documents average on-hold times,
121	and sets forth a plan for future action that will be taken to
122	reduce average on-hold times in the event the average exceeds 5
123	minutes.
124	(b)  Provide a written report to the Governor, the
125	President of the Senate, and the Speaker of the House of
126	Representatives by September 30, 2005, and annually thereafter,
127	summarizing compliance by state agencies and agents with this
128	section and indicating the average on-hold time of each state
129	agency and agent during the previous fiscal year.
130	(5)  No cause of action shall arise in favor of a person
131	due to the failure of a state agency or agent to comply with
132	this section.
133	Section 2.  This act shall be implemented by state agencies
134	using existing personnel and within existing resources.
135	Section 3.  Section 110.1082, Florida Statutes, is
136	repealed.
137	Section 4.  This act shall take effect July 1, 2004.

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