HB 0681

CS

CHAMBER ACTION

1	The Committee on State Administration 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; authorizing agencies to utilize
27	call center services; providing criteria for submission of
28	a budget amendment; repealing s. 110.1082, F.S., relating
29	to telephone voice mail systems and telephone menu options
30	systems; providing an effective date.
31
32	WHEREAS, state agencies are appropriately concerned about
33	making information accessible to the public and maintaining high
34	standards of customer service, and
35	WHEREAS, while many state agencies use automated telephone
36	answering systems to decrease costs and increase efficiency,
37	there are times when it is important that an employee rather
38	than an automated system answer the telephone, and
39	WHEREAS, the people of this state, including business
40	owners, visitors, and legislators, have expressed concern that
41	some state agencies improperly rely on voice mail and other
42	automated telephone answering systems to screen calls and direct
43	callers, and
44	WHEREAS, some telephone systems operated by state agencies
45	require callers to proceed through several menus in order to
46	finally reach an individual extension, which is an arrangement
47	that can be intimidating to the caller, and
48	WHEREAS, many telephone systems also make it difficult to
49	reach an attendant or operator at the state agency, and
50	WHEREAS, as a consequence, individuals who call a state
51	agency become frustrated in their attempts to obtain information
52	and are trapped in a voice mail loop, and
53	WHEREAS, while automated telephone answering systems and
54	voice mail are intended to improve efficiency, the first duty of
55	state government is to serve the people, and efficiency should
56	not impede the average member of the public in attempting to
57	contact a state agency for service or information, NOW,
58	THEREFORE,
59
60	Be It Enacted by the Legislature of the State of Florida:
61
62	Section 1.  Section 282.108, Florida Statutes, is created
63	to read:
64	282.108  State agency automated telephone answering
65	systems.--
66	(1)  As used in this section, the term:
67	(a)  "Agent" means any person answering incoming telephone
68	calls from the public on behalf of a state agency pursuant to a
69	contract executed or renewed on or after January 1, 2005.
70	(b)  "Automated telephone answering system" means a
71	software application that is used by a state agency or agent to
72	answer incoming telephone calls from the public; that accepts
73	voice telephone or touch-tone keypad input; and that provides
74	responses in the form of a voice, fax, callback, e-mail, or
75	other media response.
76	(c)  "Menu" means the first time during a telephone call
77	answered by an automated telephone answering system when the
78	caller is asked to choose from two or more options, regardless
79	of whether those options are referred to as a menu or router or
80	by any other term.
81	(d)  "On-hold time" means the amount of time that a caller
82	is not speaking with an employee of a state agency or an agent
83	or is not interacting with options provided by the automated
84	telephone answering system.
85	(e)  "State agency" means any official, officer,
86	commission, board, authority, council, committee, or department
87	of the executive branch of state government.
88	(2)(a)  On or before January 1, 2005, each state agency and
89	agent during regular hours of operation shall make available,
90	during the first minute of any telephone call answered by an
91	automated telephone answering system, a menu option that permits
92	callers to reach an employee of the state agency or an agent who
93	is trained to answer basic inquiries or to otherwise direct the
94	caller to someone appropriate to respond to the caller. Each
95	state agency and agent shall allocate a minimum of two telephone
96	lines to handle the responsibilities under this paragraph and
97	shall monitor on-hold times during regular hours of operation,
98	with the goal of an average on-hold time of 5 minutes or less
99	per telephone call. During nonoperational hours, the state
100	agency or agent may rely exclusively upon an automated telephone
101	answering system.
102	(b)  This subsection does not apply to any 511 traveler
103	information system operated by the Department of Transportation.
104	(3)  An employee of a state agency or an agent may not use
105	an automated telephone answering system when the employee is at
106	his or her regularly assigned work station if his or her
107	telephone is functional and available for use, unless:
108	(a)  The telephone is in use; or
109	(b)  The automated telephone answering system transfers the
110	caller to someone appropriate to respond to the caller or
111	provides the caller with an option of promptly reaching an
112	employee of a state agency or agent who can direct the caller to
113	someone appropriate to respond to the caller.
114	(4)  Each state agency shall submit an annual report to the
115	State Technology Office as provided for in this subsection. The
116	State Technology Office shall:
117	(a)  Adopt rules pursuant to ss. 120.536(1) and 120.54 by
118	January 1, 2005, requiring each state agency on behalf of itself
119	and its agents to submit a written report to the office on July
120	31, 2005, and annually thereafter, which relates to the previous
121	fiscal year and which describes actions taken to ensure
122	compliance with this section, documents average on-hold times,
123	and sets forth a plan for future action that will be taken to
124	reduce average on-hold times in the event the average exceeds 5
125	minutes.
126	(b)  Provide a written report to the Governor, the
127	President of the Senate, and the Speaker of the House of
128	Representatives by September 30, 2005, and annually thereafter,
129	summarizing compliance by state agencies and agents with this
130	section and indicating the average on-hold time of each state
131	agency and agent during the previous fiscal year.
132	(5)  No cause of action shall arise in favor of a person
133	due to the failure of a state agency or agent to comply with
134	this section.
135	Section 2.  Section 1 of this act shall be implemented by
136	state agencies using existing personnel and within existing
137	resources.
138	Section 3.  Each agency is authorized to utilize call
139	center services. Call center services providers are encouraged
140	to meet the following criteria for participation in providing
141	services to state or governmental agencies:
142	(1)  The provider may engage the services of call center
143	workers in this state.
144	(2)  The provider may engage the services of
145	developmentally disabled workers, disadvantaged workers, or
146	people who are unable to work in a traditional workplace
147	setting.
148	(3)  The provider may provide the services at a cost less
149	than current costs.
150
151	If the criteria in subsections (1)-(3) are met, a budget
152	amendment may be submitted for approval by the President of the
153	Senate and the Speaker of the House of Representatives shifting
154	funding from salary categories and related expenses categories
155	to a contract service category.
156	Section 4.  Section 110.1082, Florida Statutes, is
157	repealed.
158	Section 5.  This act shall take effect July 1, 2004.

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