Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. HB 1649, 1st Eng.
                        Barcode 385652
                            CHAMBER ACTION
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11  Senator Constantine moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14          Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Committee on Public Service Commission
18  Oversight; creation; membership; powers and duties.--
19         (1)  There is created a standing joint committee of the
20  Legislature, designated the Committee on Public Service
21  Commission Oversight, and composed of twelve members appointed
22  as follows: six members of the Senate appointed by the
23  President of the Senate, two of whom must be members of the
24  minority party; and six members of the House of
25  Representatives appointed by the Speaker of the House of
26  Representatives, two of whom must be members of the minority
27  party. The terms of members shall be for 2 years and shall run
28  from the organization of one Legislature to the organization
29  of the next Legislature. The President shall appoint the chair
30  of the committee in even-numbered years and the vice chair in
31  odd-numbered years, and the Speaker of the House of
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Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 Representatives shall appoint the chair of the committee in 2 odd-numbered years and the vice chair in even-numbered years, 3 from among the committee membership. Vacancies shall be filled 4 in the same manner as the original appointment. Members shall 5 serve without additional compensation, but shall be reimbursed 6 for expenses. 7 (2) The committee shall be governed by joint rules of 8 the Senate and the House of Representatives which shall remain 9 in effect until repealed or amended by concurrent resolution. 10 (3) The committee shall: 11 (a) Recommend to the Governor nominees to fill a 12 vacancy on the Public Service Commission, as provided by 13 general law; and 14 (b) Appoint a Public Counsel as provided by general 15 law. 16 (4) The committee is authorized to file a complaint 17 with the Commission on Ethics alleging a violation of chapter 18 350, Florida Statutes, by a commissioner, former commissioner, 19 former commission employee, or member of the Public Service 20 Commission Nominating Council. 21 (5) The committee will not have a permanent staff, but 22 the President of the Senate and the Speaker of the House of 23 Representatives shall select staff members from among existing 24 legislative staff, when and as needed. 25 Section 2. Section 350.001, Florida Statutes, is 26 amended to read: 27 350.001 Legislative intent.--The Florida Public 28 Service Commission has been and shall continue to be an arm of 29 the legislative branch of government. The Public Service 30 Commission shall perform its duties independently. It is the 31 desire of the Legislature that the Governor participate in the 2 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 appointment process of commissioners to the Public Service 2 Commission. The Legislature accordingly delegates to the 3 Governor a limited authority with respect to the Public 4 Service Commission by authorizing him or her to participate in 5 the selection of members only from the list provided by the 6 Florida Public Service Commission Nominating Council in the 7 manner prescribed by s. 350.031. 8 Section 3. Section 350.031, Florida Statutes, is 9 amended to read: 10 350.031 Florida Public Service Commission Nominating 11 Council.-- 12 (1) There is created a Florida Public Service 13 Commission Nominating Council consisting of nine members. At 14 least one member of the council must be 60 years of age or 15 older. Three members, including one member of the House of 16 Representatives, shall be appointed by and serve at the 17 pleasure of the Speaker of the House of Representatives; three 18 members, including one member of the Senate, shall be 19 appointed by and serve at the pleasure of the President of the 20 Senate; and three members shall be selected and appointed by a 21 majority vote of the other six members of the council. All 22 terms shall be for 4 years except those members of the House 23 and Senate, who shall serve 2-year terms concurrent with the 24 2-year elected terms of House members. Vacancies on the 25 council shall be filled for the unexpired portion of the term 26 in the same manner as original appointments to the council. A 27 member may not be reappointed to the council, except for a 28 member of the House of Representatives or the Senate who may 29 be appointed to two 2-year terms or a person who is appointed 30 to fill the remaining portion of an unexpired term. 31 (2)(a) No member or spouse shall be the holder of the 3 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 stocks or bonds of any company, other than through ownership 2 of shares in a mutual fund, regulated by the commission, or 3 any affiliated company of any company regulated by the 4 commission, or be an agent or employee of, or have any 5 interest in, any company regulated by the commission or any 6 affiliated company of any company regulated by the commission, 7 or in any firm which represents in any capacity either 8 companies which are regulated by the commission or affiliates 9 of companies regulated by the commission. As a condition of 10 appointment to the council, each appointee shall affirm to the 11 Speaker and the President his or her qualification by the 12 following certification: "I hereby certify that I am not a 13 stockholder, other than through ownership of shares in a 14 mutual fund, in any company regulated by the commission or in 15 any affiliate of a company regulated by the commission, nor in 16 any way, directly or indirectly, in the employment of, or 17 engaged in the management of any company regulated by the 18 commission or any affiliate of a company regulated by the 19 commission, or in any firm which represents in any capacity 20 either companies which are regulated by the commission or 21 affiliates of companies regulated by the commission." 22 23 This certification is made as condition to appointment to the 24 Florida Public Service Commission Nominating Council. 25 (b) A member of the council may be removed by the 26 Speaker of the House of Representatives and the President of 27 the Senate upon a finding by the Speaker and the President 28 that the council member has violated any provision of this 29 subsection or for other good cause. 30 (c) If a member of the council does not meet the 31 requirements of this subsection, the President of the Senate 4 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 or the Speaker of the House of Representatives, as 2 appropriate, shall appoint a legislative replacement. 3 (3) A majority of the membership of the council may 4 conduct any business before the council. All meetings and 5 proceedings of the council shall be staffed by the Office of 6 Legislative Services and shall be subject to the provisions of 7 ss. 119.07 and 286.011. Members of the council are entitled 8 to receive per diem and travel expenses as provided in s. 9 112.061, which shall be funded by the Florida Public Service 10 Regulatory Trust Fund. Applicants invited for interviews 11 before the council may, in the discretion of the council, 12 receive per diem and travel expenses as provided in s. 13 112.061, which shall be funded by the Florida Public Service 14 Regulatory Trust Fund. The council shall establish policies 15 and procedures to govern the process by which applicants are 16 nominated. 17 (4) The council may spend a nominal amount, not to 18 exceed $10,000, to advertise a vacancy on the council, which 19 shall be funded by the Florida Public Service Regulatory Trust 20 Fund. 21 (5)(4) A person may not be nominated to the Committee 22 on Public Service Commission Oversight Governor until the 23 council has determined that the person is competent and 24 knowledgeable in one or more fields, which shall include, but 25 not be limited to: public affairs, law, economics, 26 accounting, engineering, finance, natural resource 27 conservation, energy, or another field substantially related 28 to the duties and functions of the commission. The commission 29 shall fairly represent the above-stated fields. 30 Recommendations of the council shall be nonpartisan. 31 (6)(5) It is the responsibility of the council to 5 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 nominate to the Committee on Public Service Commission 2 Oversight Governor not fewer than six three persons for each 3 vacancy occurring on the Public Service Commission. The 4 council shall submit the recommendations to the committee 5 Governor by August 1 October 1 of those years in which the 6 terms are to begin the following January, or within 60 days 7 after a vacancy occurs for any reason other than the 8 expiration of the term. 9 (7)(6) The Committee on Public Service Commission 10 Oversight Governor shall select from the list of nominees 11 provided by the nominating council three nominees for 12 recommendation to the Governor for appointment to the 13 commission. The recommendations must be provided to the 14 Governor within 45 days after receipt of the list of nominees. 15 The Governor shall fill a vacancy occurring on the Public 16 Service Commission by appointment of one of the applicants 17 nominated by the committee council only after a background 18 investigation of such applicant has been conducted by the 19 Florida Department of Law Enforcement. If the Governor has not 20 made an appointment within 30 days after the receipt of the 21 recommendation by December 1 to fill a vacancy for a term to 22 begin the following January, then the committee council, by 23 majority vote, shall appoint, within 30 days after the 24 expiration of the Governor's time to make an appointment, by 25 December 31 one person from the applicants previously 26 nominated to the Governor to fill the vacancy. If the Governor 27 has not made the appointment to fill a vacancy occurring for 28 any reason other than the expiration of the term by the 60th 29 day following receipt of the nominations of the council, the 30 council by majority vote shall appoint within 30 days 31 thereafter one person from the applicants previously nominated 6 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 to the Governor to fill the vacancy. 2 (8)(7) Each appointment to the Public Service 3 Commission shall be subject to confirmation by the Senate 4 during the next regular session after the vacancy occurs. If 5 the Senate refuses to confirm or rejects the Governor's 6 appointment, the council shall initiate, in accordance with 7 this section, the nominating process within 30 days. 8 Section 4. Subsection (2) of section 350.041, Florida 9 Statutes, is amended to read: 10 350.041 Commissioners; standards of conduct.-- 11 (2) STANDARDS OF CONDUCT.-- 12 (a) A commissioner may not accept anything from any 13 business entity which, either directly or indirectly, owns or 14 controls any public utility regulated by the commission, from 15 any public utility regulated by the commission, or from any 16 business entity which, either directly or indirectly, is an 17 affiliate or subsidiary of any public utility regulated by the 18 commission. A commissioner may attend conferences and 19 associated meals and events that are generally available to 20 all conference participants without payment of any fees in 21 addition to the conference fee. Additionally, while attending 22 a conference, a commissioner may attend meetings, meals, or 23 events that are not sponsored, in whole or in part, by any 24 representative of any public utility regulated by the 25 commission and that are limited to commissioners only, 26 committee members, or speakers if the commissioner is a member 27 of a committee of the association of regulatory agencies that 28 organized the conference or is a speaker at the conference. It 29 is not a violation of this paragraph for a commissioner to 30 attend a conference for which conference participants who are 31 employed by a utility regulated by the commission have paid a 7 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 higher conference registration fee than the commissioner, or 2 to attend a meal or event that is generally available to all 3 conference participants without payment of any fees in 4 addition to the conference fee and that is sponsored, in whole 5 or in part, by a utility regulated by the commission. If, 6 during the course of an investigation by the Commission on 7 Ethics into an alleged violation of this paragraph, 8 allegations are made as to the identity of the person giving 9 or providing the prohibited gift, that person must be given 10 notice and an opportunity to participate in the investigation 11 and relevant proceedings to present a defense. If the 12 Commission on Ethics determines that the person gave or 13 provided a prohibited gift, the person may not appear before 14 the commission or otherwise represent anyone before the 15 commission for a period of 2 years. 16 (b) A commissioner may not accept any form of 17 employment with or engage in any business activity with any 18 business entity which, either directly or indirectly, owns or 19 controls any public utility regulated by the commission, any 20 public utility regulated by the commission, or any business 21 entity which, either directly or indirectly, is an affiliate 22 or subsidiary of any public utility regulated by the 23 commission. 24 (c) A commissioner may not have any financial 25 interest, other than shares in a mutual fund, in any public 26 utility regulated by the commission, in any business entity 27 which, either directly or indirectly, owns or controls any 28 public utility regulated by the commission, or in any business 29 entity which, either directly or indirectly, is an affiliate 30 or subsidiary of any public utility regulated by the 31 commission. If a commissioner acquires any financial interest 8 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 prohibited by this section during his or her term of office as 2 a result of events or actions beyond the commissioner's 3 control, he or she shall immediately sell such financial 4 interest or place such financial interest in a blind trust at 5 a financial institution. A commissioner may not attempt to 6 influence, or exercise any control over, decisions regarding 7 the blind trust. 8 (d) A commissioner may not accept anything from a 9 party in a proceeding currently pending before the commission. 10 If, during the course of an investigation by the Commission on 11 Ethics into an alleged violation of this paragraph, 12 allegations are made as to the identity of the person giving 13 or providing the prohibited gift, that person must be given 14 notice and an opportunity to participate in the investigation 15 and relevant proceedings to present a defense. If the 16 Commission on Ethics determines that the person gave or 17 provided a prohibited gift, the person may not appear before 18 the commission or otherwise represent anyone before the 19 commission for a period of 2 years. 20 (e) A commissioner may not serve as the representative 21 of any political party or on any executive committee or other 22 governing body of a political party; serve as an executive 23 officer or employee of any political party, committee, 24 organization, or association; receive remuneration for 25 activities on behalf of any candidate for public office; 26 engage on behalf of any candidate for public office in the 27 solicitation of votes or other activities on behalf of such 28 candidacy; or become a candidate for election to any public 29 office without first resigning from office. 30 (f) A commissioner, during his or her term of office, 31 may not make any public comment regarding the merits of any 9 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 proceeding under ss. 120.569 and 120.57 currently pending 2 before the commission. 3 (g) A commissioner may not conduct himself or herself 4 in an unprofessional manner at any time during the performance 5 of his or her official duties. 6 (h) A commissioner must avoid impropriety in all of 7 his or her activities and must act at all times in a manner 8 that promotes public confidence in the integrity and 9 impartiality of the commission. 10 (i) A commissioner may not directly or indirectly, 11 through staff or other means, solicit any thing of value from 12 any public utility regulated by the commission, or from any 13 business entity that, whether directly or indirectly, is an 14 affiliate or subsidiary of any public utility regulated by the 15 commission, or from any party appearing in a proceeding 16 considered by the commission in the last 2 years. 17 Section 5. Subsection (7) of section 350.042, Florida 18 Statutes, is amended to read: 19 350.042 Ex parte communications.-- 20 (7)(a) It shall be the duty of the Commission on 21 Ethics to receive and investigate sworn complaints of 22 violations of this section pursuant to the procedures 23 contained in ss. 112.322-112.3241. 24 (b) If the Commission on Ethics finds that there has 25 been a violation of this section by a public service 26 commissioner, it shall provide the Governor and the Florida 27 Public Service Commission Nominating Council with a report of 28 its findings and recommendations. The Governor is authorized 29 to enforce the findings and recommendations of the Commission 30 on Ethics, pursuant to part III of chapter 112. 31 (c) If a commissioner fails or refuses to pay the 10 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 Commission on Ethics any civil penalties assessed pursuant to 2 the provisions of this section, the Commission on Ethics may 3 bring an action in any circuit court to enforce such penalty. 4 (d) If, during the course of an investigation by the 5 Commission on Ethics into an alleged violation of this 6 section, allegations are made as to the identity of the person 7 who participated in the ex parte communication, that person 8 must be given notice and an opportunity to participate in the 9 investigation and relevant proceedings to present a defense. 10 If the Commission on Ethics determines that the person 11 participated in the ex parte communication, the person may not 12 appear before the commission or otherwise represent anyone 13 before the commission for a period of 2 years. 14 Section 6. Subsection (1) of section 350.061, Florida 15 Statutes, is amended to read: 16 350.061 Public Counsel; appointment; oath; 17 restrictions on Public Counsel and his or her employees.-- 18 (1) The Committee on Public Service Commission 19 Oversight Joint Legislative Auditing Committee shall appoint a 20 Public Counsel by majority vote of the members of the 21 committee to represent the general public of Florida before 22 the Florida Public Service Commission. The Public Counsel 23 shall be an attorney admitted to practice before the Florida 24 Supreme Court and shall serve at the pleasure of the Joint 25 Legislative Auditing Committee on Public Service Commission 26 Oversight, subject to biennial annual reconfirmation by the 27 committee. The Public Counsel shall perform his or her duties 28 independently. Vacancies in the office shall be filled in the 29 same manner as the original appointment. 30 Section 7. Subsection (2) of section 350.0614, Florida 31 Statutes, is amended to read: 11 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 350.0614 Public Counsel; compensation and expenses.-- 2 (2) The Legislature hereby declares and determines 3 that the Public Counsel is under the legislative branch of 4 government within the intention of the legislation as 5 expressed in chapter 216, and no power shall be in the 6 Executive Office of the Governor or its successor to release 7 or withhold funds appropriated to it, but the same shall be 8 available for expenditure as provided by law and the rules or 9 decisions of the Joint Auditing Committee on Public Service 10 Commission Oversight. 11 Section 8. Communications services offered by 12 governmental entities.-- 13 (1) As used in this section, the term: 14 (a) "Advanced service" means 15 high-speed-Internet-access-service capability in excess of 200 16 kilobits per second in the upstream or the downstream 17 direction, including any service application provided over the 18 high-speed-access service or any information service as 19 defined in 47 U.S.C. s. 153(20). 20 (b) "Cable service" has the same meaning as in 47 21 U.S.C. s. 522(6). 22 (c) "Communications services" includes any "advanced 23 service," "cable service," or "telecommunications service" and 24 shall be construed in the broadest sense. 25 (d) "Enterprise fund" means a separate fund to account 26 for the operation of communications services by a local 27 government, established and maintained in accordance with 28 generally accepted accounting principles as prescribed by the 29 Governmental Accounting Standards Board. 30 (e) "Governmental entity" means any political 31 subdivision as defined in section 1.01, Florida Statutes, 12 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 including any county, municipality, special district, school 2 district, utility authority or other authority or any 3 instrumentality, agency, unit or department thereof. The term 4 does not include an independent special district created 5 before 1970 which has been granted express legislative 6 authority to provide a communications service and which does 7 not sell a communications service outside its district 8 boundaries. 9 (f) "Provide," "providing," "provision," or 10 "provisioning" means offering or supplying a communications 11 service for a fee or other consideration to a person, 12 including any portion of the public or private provider, but 13 does not include service by an entity to itself or to any 14 other governmental entity. 15 (g) "Subscriber" means a person who receives a 16 communications service. 17 (h) "Telecommunications services" means the 18 transmission of signs, signals, writing, images, sounds, 19 messages, data, or other information of the user's choosing, 20 by wire, radio, light waves, or other electromagnetic means, 21 without change in the form or content of the information as 22 sent and received by the user and regardless of the facilities 23 used, including, without limitation, wireless facilities. 24 (2)(a) A governmental entity that proposes to provide 25 a communications service shall hold no less than two public 26 hearings, which shall be held not less than 30 days apart. At 27 least 30 days before the first of the two public hearings, the 28 governmental entity must give notice of the hearing in the 29 predominant newspaper of general circulation in the area 30 considered for service. At least 40 days before the first 31 public hearing, the governmental entity must electronically 13 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 provide notice to the Department of Revenue and the Public 2 Service Commission, which shall post the notice on the 3 department's and the commission's website to be available to 4 the public. The Department of Revenue shall also send the 5 notice by United States Postal Service to the known addresses 6 for all dealers of communications services registered with the 7 department under chapter 202, Florida Statutes, or provide an 8 electronic notification, if the means are available, within 10 9 days after receiving the notice. The notice must include the 10 time and place of the hearings and must state that the purpose 11 of the hearings is to consider whether the governmental entity 12 will provide communications services. The notice must include, 13 at a minimum, the geographic areas proposed to be served by 14 the governmental entity and the services, if any, which the 15 governmental entity believes are not currently being 16 adequately provided. The notice must also state that any 17 dealer who wishes to do so may appear and be heard at the 18 public hearings. 19 (b) At a public hearing required by this subsection, a 20 governmental entity must, at a minimum, consider: 21 1. Whether the service that is proposed to be provided 22 is currently being offered in the community and, if so, 23 whether the service is generally available throughout the 24 community. 25 2. Whether a similar service is currently being 26 offered in the community and, if so, whether the service is 27 generally available throughout the community. 28 3. If the same or similar service is not currently 29 offered, whether any other service provider proposes to offer 30 the same or a similar service and, if so, what assurances that 31 service provider is willing or able to offer regarding the 14 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 same or similar service. 2 4. The capital investment required by the government 3 entity to provide the communications service, the estimated 4 realistic cost of operation and maintenance and, using a full 5 cost-accounting method, the estimated realistic revenues and 6 expenses of providing the service and the proposed method of 7 financing. 8 5. The private and public costs and benefits of 9 providing the service by a private entity or a governmental 10 entity, including the affect on existing and future jobs, 11 actual economic development prospects, tax-base growth, 12 education, and public health. 13 (c) At one or more of the public hearings under this 14 subsection, the governmental entity must make available to the 15 public a written business plan for the proposed communications 16 service venture containing, at a minimum: 17 1. The projected number of subscribers to be served by 18 the venture. 19 2. The geographic area to be served by the venture. 20 3. The types of communications services to be 21 provided. 22 4. A plan to ensure that revenues exceed operating 23 expenses and payment of principal and interest on debt within 24 4 years. 25 5. Estimated capital and operational costs and 26 revenues for the first 4 years. 27 6. Projected network modernization and technological 28 upgrade plans, including estimated costs. 29 (d) After making specific findings regarding the 30 factors in paragraphs (b) and (c), the governmental entity may 31 authorize providing a communications service by a majority 15 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 recorded vote and by resolution, ordinance, or other formal 2 means of adoption. 3 (e) The governing body of a governmental entity may 4 issue one or more bonds to finance the capital costs for 5 facilities to provide a communications service. However: 6 1. A governmental entity may only pledge revenues in 7 support of the issuance of any bond to finance providing a 8 communications service: 9 a. Within the county in which the governmental entity 10 is located; 11 b. Within an area in which the governmental entity 12 provides electric service outside its home county under an 13 electric service territorial agreement approved by the Public 14 Service Commission before the effective date of this act; or 15 c. If the governmental entity is a municipality or 16 special district, within its corporate limits or in an area in 17 which the municipality or special district provides water, 18 wastewater, electric, or natural gas service, or within an 19 urban service area designated in a comprehensive plan, 20 whichever is larger, unless the municipality or special 21 district obtains the consent of the governmental entity within 22 the boundaries of which the municipality or special district 23 proposes to provide service. Any governmental entity from 24 which consent is sought shall be the county or shall be 25 located within the county in which the governmental entity is 26 located for consent to be effective. 27 2. Revenue bonds issued in order to finance providing 28 a communications service are not subject to the approval of 29 the electors if the revenue bonds mature within 15 years. 30 Revenue bonds issued to finance providing a communications 31 service that does not mature within 15 years must be approved 16 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 by the electors. The election must be conducted as specified 2 in chapter 100, Florida Statutes. 3 (f) A governmental entity providing a communications 4 service may not price any service below the cost of providing 5 the service by subsidizing the communications service with 6 moneys from rates paid by subscribers of a noncommunications 7 services utility or from any other revenues. The cost standard 8 for determining cross-subsidization is whether the total 9 revenue from the service is less than the total long-run 10 incremental cost of the service. Total long-run incremental 11 cost means service-specific volume and nonvolume-sensitive 12 costs. 13 (g) A governmental entity providing a communications 14 service must comply with the requirements of section 218.32, 15 Florida Statutes, and shall keep separate and accurate books 16 and records, maintained in accordance with generally accepted 17 accounting principles, of a governmental entity's 18 communication service, and they shall be made available for 19 any audits of the books and records conducted under applicable 20 law. To facilitate equitable distribution of indirect costs, a 21 local government shall develop and follow a cost-allocation 22 plan, which is a procedure for allocating direct and indirect 23 costs and which is generally developed in accordance with OMB 24 Circular A-87, Cost Principles for State, Local, and Indian 25 Tribal Government, published by the United States Office of 26 Management and Budget. 27 (h) The governmental entity shall establish an 28 enterprise fund to account for its operation of communications 29 services. 30 (i) The governmental entity shall adopt separate 31 operating and capital budgets for its communications services. 17 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 (j) A governmental entity may not use its powers of 2 eminent domain under chapter 73, Florida Statutes, solely or 3 primarily for the purpose of providing a communications 4 service. 5 (k) The governmental entity shall conduct an annual 6 review at a formal public meeting to consider the progress the 7 governmental entity is making toward reaching its business 8 plan goals and objectives for providing communication 9 services. At the public meeting the governmental entity shall 10 review the related revenues, operating expenses, and payment 11 of interest on debt. 12 (l) If, after 4 years following the initiation of the 13 provision of communications services by a governmental entity 14 or 4 years after the effective date of this act, whichever is 15 later, revenues do not exceed operating expenses and payment 16 of principal and interest on the debt for a governmental 17 entity's provision of communications services, no later than 18 60 days following the end of the 4-year period a governmental 19 entity shall hold a public hearing at which the governmental 20 entity shall do at least one of the following: 21 1. Approve a plan to cease providing communications 22 services; 23 2. Approve a plan to dispose of the system the 24 governmental entity is using to provide communications 25 services and, accordingly, to cease providing communications 26 services; 27 3. Approve a plan to create a partnership with a 28 private entity in order to achieve operations in which 29 revenues exceed operating expenses and payment of principal 30 and interest on debt; or 31 4. Approve the continuing provision of communications 18 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 services. 2 (3)(a) A governmental entity that provides a cable 3 service shall comply with the Cable Communications Policy Act 4 of 1984, 47 U.S.C. 521, et seq., the regulations issued by the 5 Federal Communications Commission under the Cable 6 Communications Policy Act of 1984, 47 U.S.C. 521, et seq., and 7 all applicable state and federal rules and regulations, 8 including, but not limited to, section 166.046, Florida 9 Statutes, and those provisions of chapters 202, 212, and 337, 10 Florida Statutes, which apply to a provider of the services. 11 (b) A governmental entity that provides a 12 telecommunications service or advanced service must comply, if 13 applicable, with chapter 364, Florida Statutes, and rules 14 adopted by the Public Service Commission; chapter 166, Florida 15 Statutes; and all applicable state and federal rules and 16 regulations, including, but not limited to, those provisions 17 of chapters 202, 212, and 337, Florida Statutes, which apply 18 to a provider of the services. 19 (c) A governmental entity may not exercise its power 20 or authority in any area, including zoning or land use 21 regulation, to require any person, including residents of a 22 particular development, to use or subscribe to any 23 communication service of a governmental entity. 24 (d) A governmental entity shall apply its ordinances, 25 rules, and policies, and exercise any authority under state or 26 federal laws, including, but not limited to, those relating to 27 the following subjects and without discrimination as to itself 28 when providing a communications service or to any private 29 provider of communications services: 30 1. Access to public rights-of-way; and 31 2. Permitting, access to, use of, and payment for use 19 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 of governmental entity-owned poles. The governmental entity is 2 subject to the same terms, conditions, and fees, if any, for 3 access to government-owned poles which the governmental entity 4 applies to a private provider for access. 5 (4)(a) If a governmental entity was providing, as of 6 April 1, 2005, advanced services, cable services, or 7 telecommunications services, then it is not required to comply 8 with paragraph (2)(a), paragraph (2)(b), paragraph (2)(c), 9 paragraph (2)(d), sub-subparagraph (2)(e)1.c., paragraph 10 (2)(f), paragraph (2)(k), or paragraph (2)(l), in order to 11 continue to provide advanced services, cable services, or 12 telecommunications services, respectively, but it must comply 13 with and be subject to all other provisions of this section. 14 (b) If a governmental entity, as of April 1, 2005, had 15 issued debt pledging revenues from an advanced service, cable 16 service, or telecommunications service, then it is not 17 required to comply with paragraph (2)(a), paragraph (2)(b), 18 paragraph (2)(c), paragraph (2)(d), sub-subparagraph 19 (2)(e)1.c., paragraph (2)(f), paragraph (2)(k), or paragraph 20 (2)(l), in order to provide advanced services, cable services, 21 or telecommunications services, respectively, but it must 22 comply with and be subject to all other provisions of this 23 section. 24 (c) If a governmental entity, as of April 1, 2005, has 25 purchased equipment specifically for the provisioning of 26 advanced service, cable service, or telecommunication service, 27 and, as of May 6, 2005, has authorized the providing of an 28 advanced service, cable service, or telecommunication service, 29 then it is not required to comply with paragraph (2)(a), 30 paragraph (2)(b), paragraph (2)(c), paragraph (2)(d), 31 sub-subparagraph (2)(e)1.c., paragraph (2)(f), paragraph 20 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 (2)(k), or paragraph (2)(l) in order to provide advanced 2 service, cable service, or telecommunication service, 3 respectively, but it must comply with and be subject to all 4 other provisions of this section. 5 6 This subsection does not relieve a governmental entity from 7 complying with subsection (5). 8 (5) Notwithstanding section 542.235, Florida Statutes, 9 or any other law, a governmental entity that provides a 10 communications service is subject to the same prohibitions 11 applicable to private providers under sections 542.18 and 12 542.19, Florida Statutes, as it relates to providing a 13 communications service. In addition, the exemption from 14 complying with paragraph (2)(f), does not confer state action 15 immunity, or any other antitrust immunity or exemption, on any 16 governmental entity providing communications services. 17 (6) To ensure the safe and secure transportation of 18 passengers and freight through an airport facility, as defined 19 in section 159.27(17), Florida Statutes, an airport authority 20 or other governmental entity that provides or is proposing to 21 provide communications services only within the boundaries of 22 its airport layout plan, as defined in section 333.01(6), 23 Florida Statutes, to subscribers which are integral and 24 essential to the safe and secure transportation of passengers 25 and freight through the airport facility, is exempt from this 26 section. An airport authority or other governmental entity 27 that provides or is proposing to provide shared-tenant service 28 under section 364.339, Florida Statutes, but not dial tone 29 enabling subscribers to complete calls outside the airport 30 layout plan, to one or more subscribers within its airport 31 layout plan which are not integral and essential to the safe 21 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 and secure transportation of passengers and freight through 2 the airport facility is exempt from this section. An airport 3 authority or other governmental entity that provides or is 4 proposing to provide communications services to one or more 5 subscribers within its airport layout plan which are not 6 integral and essential to the safe and secure transportation 7 of passengers and freight through the airport facility, or to 8 one or more subscribers outside its airport layout plan, is 9 not exempt from this section. By way of example and not 10 limitation, the integral, essential subscribers may include 11 airlines and emergency service entities, and the nonintegral, 12 nonessential subscribers may include retail shops, 13 restaurants, hotels, or rental car companies. 14 (7) This section does not alter or affect any 15 provision in the charter, code, or other governing authority 16 of a governmental entity that impose additional or different 17 requirements on provision of communications service by a 18 governmental entity. Any such provisions shall apply in 19 addition to the applicable provisions in this section. 20 Section 9. If any provision of this act or its 21 application to any person or circumstance is held invalid, the 22 invalidity does not affect other provisions or applications of 23 the act which can be given effect without the invalid 24 provision or application, and to this end the provisions of 25 this act are severable. 26 Section 10. Section 364.01, Florida Statutes, is 27 amended to read: 28 364.01 Powers of commission, legislative intent.-- 29 (1) The Florida Public Service Commission shall 30 exercise over and in relation to telecommunications companies 31 the powers conferred by this chapter. 22 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 (2) It is the legislative intent to give exclusive 2 jurisdiction in all matters set forth in this chapter to the 3 Florida Public Service Commission in regulating 4 telecommunications companies, and such preemption shall 5 supersede any local or special act or municipal charter where 6 any conflict of authority may exist. However, the provisions 7 of this chapter shall not affect the authority and powers 8 granted in s. 166.231(9) or s. 337.401. 9 (3) Communications activities that are not regulated 10 by the Florida Public Service Commission, including, but not 11 limited to, VoIP, wireless, and broadband, are subject to this 12 state's generally applicable business regulation and deceptive 13 trade practices and consumer protection laws, as enforced by 14 the appropriate state authority or through actions in the 15 judicial system. This chapter does not limit the availability 16 to any party of any remedy or defense under state or federal 17 antitrust laws. The Legislature finds that the competitive 18 provision of telecommunications services, including local 19 exchange telecommunications service, is in the public interest 20 and will provide customers with freedom of choice, encourage 21 the introduction of new telecommunications service, encourage 22 technological innovation, and encourage investment in 23 telecommunications infrastructure. The Legislature further 24 finds that the transition from the monopoly provision of local 25 exchange service to the competitive provision thereof will 26 require appropriate regulatory oversight to protect consumers 27 and provide for the development of fair and effective 28 competition, but nothing in this chapter shall limit the 29 availability to any party of any remedy under state or federal 30 antitrust laws. The Legislature further finds that changes in 31 regulations allowing increased competition in 23 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 telecommunications services could provide the occasion for 2 increases in the telecommunications workforce; therefore, it 3 is in the public interest that competition in 4 telecommunications services lead to a situation that enhances 5 the high-technological skills and the economic status of the 6 telecommunications workforce. The Legislature further finds 7 that the provision of voice-over-Internet protocol (VOIP) free 8 of unnecessary regulation, regardless of the provider, is in 9 the public interest. 10 (4) The commission shall exercise its exclusive 11 jurisdiction in order to: 12 (a) Protect the public health, safety, and welfare by 13 ensuring that basic local telecommunications services are 14 available to all consumers in the state at reasonable and 15 affordable prices. 16 (b) Encourage competition through flexible regulatory 17 treatment among providers of telecommunications services in 18 order to ensure the availability of the widest possible range 19 of consumer choice in the provision of all telecommunications 20 services. 21 (c) Protect the public health, safety, and welfare by 22 ensuring that monopoly services provided by telecommunications 23 companies continue to be subject to effective price, rate, and 24 service regulation. 25 (d) Promote competition by encouraging innovation and 26 investment in new entrants into telecommunications markets and 27 by allowing a transitional period in which new and emerging 28 technologies entrants are subject to a reduced lesser level of 29 regulatory oversight than local exchange telecommunications 30 companies. 31 (e) Encourage all providers of telecommunications 24 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 services to introduce new or experimental telecommunications 2 services free of unnecessary regulatory restraints. 3 (f) Eliminate any rules or and/or regulations which 4 will delay or impair the transition to competition. 5 (g) Ensure that all providers of telecommunications 6 services are treated fairly, by preventing anticompetitive 7 behavior and eliminating unnecessary regulatory restraint. 8 (h) Recognize the continuing emergence of a 9 competitive telecommunications environment through the 10 flexible regulatory treatment of competitive 11 telecommunications services, where appropriate, if doing so 12 does not reduce the availability of adequate basic local 13 telecommunications service to all citizens of the state at 14 reasonable and affordable prices, if competitive 15 telecommunications services are not subsidized by monopoly 16 telecommunications services, and if all monopoly services are 17 available to all competitors on a nondiscriminatory basis. 18 (i) Continue its historical role as a surrogate for 19 competition for monopoly services provided by local exchange 20 telecommunications companies. 21 Section 11. Section 364.011, Florida Statutes, is 22 created to read: 23 364.011 Exemptions from commission jurisdiction.--The 24 following services are exempt from oversight by the 25 commission, except to the extent delineated in this chapter or 26 specifically authorized by federal law: 27 (1) Intrastate interexchange telecommunications 28 services. 29 (2) Broadband services, regardless of the provider, 30 platform, or protocol. 31 (3) VoIP. 25 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 (4) Wireless telecommunications, including commercial 2 mobile radio service providers. 3 Section 12. Section 364.012, Florida Statutes, is 4 created to read: 5 364.012 Consistency with federal law.-- 6 (1) In order to promote commission coordination with 7 federal policymakers and regulatory agencies, the commission 8 shall maintain continuous liaisons with appropriate federal 9 agencies whose policy decisions and rulemaking authority 10 affect those telecommunications companies over which the 11 commission has jurisdiction. The commission is encouraged to 12 participate in the proceedings of federal agencies in cases in 13 which the state's consumers may be affected and to convey the 14 commission's policy positions and information requirements in 15 order to achieve greater efficiency in regulation. 16 (2) This chapter does not limit or modify the duties 17 of a local exchange carrier to provide unbundled access to 18 network elements or the commission's authority to arbitrate 19 and enforce interconnection agreements to the extent that 20 those elements are required under 47 U.S.C. ss. 251 and 252, 21 and under any regulations issued by the Federal Communications 22 Commission at rates determined in accordance with the 23 standards established by the Federal Communications Commission 24 pursuant to 47 C.F.R. ss. 51.503-51.513, inclusive of any 25 successor regulation or successor forbearance of regulation. 26 Section 13. Section 364.013, Florida Statutes, is 27 created to read: 28 364.013 Emerging and advanced services.--Broadband 29 service and the provision of voice-over-Internet-protocol 30 (VoIP) shall be free of state regulation, except as delineated 31 in this chapter or as specifically authorized by federal law, 26 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 regardless of the provider, platform, or protocol. 2 Section 14. Section 364.02, Florida Statutes, is 3 amended to read: 4 364.02 Definitions.--As used in this chapter: 5 (1) "Basic local telecommunications service" means 6 voice-grade, flat-rate residential, and flat-rate single-line 7 business local exchange services which provide dial tone, 8 local usage necessary to place unlimited calls within a local 9 exchange area, dual tone multifrequency dialing, and access to 10 the following: emergency services such as "911," all locally 11 available interexchange companies, directory assistance, 12 operator services, relay services, and an alphabetical 13 directory listing. For a local exchange telecommunications 14 company, the such term shall include any extended area service 15 routes, and extended calling service in existence or ordered 16 by the commission on or before July 1, 1995. 17 (2) "Broadband service" means any service that 18 consists of or includes the offering of the capability to 19 transmit or receive information at a rate that is not less 20 than 200 kilobits per second and either: 21 (a) Is used to provide access to the Internet; or 22 (b) Provides computer processing, information storage, 23 information content, or protocol conversion in combination 24 with the service. 25 26 The definition of broadband service does not include any 27 intrastate telecommunications services that have been tariffed 28 with the commission on or before January 1, 2005. 29 (3)(2) "Commercial mobile radio service provider" 30 means a commercial mobile radio service provider as defined by 31 and pursuant to 47 U.S.C. ss. 153(n) and 332(d). 27 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 (4)(3) "Commission" means the Florida Public Service 2 Commission. 3 (5)(4) "Competitive local exchange telecommunications 4 company" means any company certificated by the commission to 5 provide local exchange telecommunications services in this 6 state on or after July 1, 1995. 7 (6)(5) "Corporation" includes a corporation, company, 8 association, or joint stock association. 9 (7)(6) "Intrastate interexchange telecommunications 10 company" means any entity that provides intrastate 11 interexchange telecommunications services. 12 (8)(7) "Local exchange telecommunications company" 13 means any company certificated by the commission to provide 14 local exchange telecommunications service in this state on or 15 before June 30, 1995. 16 (9)(8) "Monopoly service" means a telecommunications 17 service for which there is no effective competition, either in 18 fact or by operation of law. 19 (10)(9) "Nonbasic service" means any 20 telecommunications service provided by a local exchange 21 telecommunications company other than a basic local 22 telecommunications service, a local interconnection 23 arrangement described in s. 364.16, or a network access 24 service described in s. 364.163. 25 (11)(10) "Operator service" includes, but is not 26 limited to, billing or completion of third-party, 27 person-to-person, collect, or calling card or credit card 28 calls through the use of a live operator or automated 29 equipment. 30 (12)(11) "Operator service provider" means a person 31 who furnishes operator service through a call aggregator. 28 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 (13)(12) "Service" is to be construed in its broadest 2 and most inclusive sense. The term "service" does not include 3 broadband service or voice-over-Internet protocol service for 4 purposes of regulation by the commission. Nothing herein shall 5 affect the rights and obligations of any entity related to the 6 payment of switched network access rates or other intercarrier 7 compensation, if any, related to voice-over-Internet protocol 8 service. Notwithstanding s. 364.013, and the exemption of 9 services pursuant to this subsection, the commission may 10 arbitrate, enforce, or approve interconnection agreements, and 11 resolve disputes as provided by 47 U.S.C. ss. 251 and 252, or 12 any other applicable federal law or regulation. With respect 13 to the services exempted in this subsection, regardless of the 14 technology, the duties of a local exchange telecommunications 15 company are only those that the company is obligated to extend 16 or provide under applicable federal law and regulations. 17 (14)(13) "Telecommunications company" includes every 18 corporation, partnership, and person and their lessees, 19 trustees, or receivers appointed by any court whatsoever, and 20 every political subdivision in the state, offering two-way 21 telecommunications service to the public for hire within this 22 state by the use of a telecommunications facility. The term 23 "telecommunications company" does not include: 24 (a) An entity which provides a telecommunications 25 facility exclusively to a certificated telecommunications 26 company; 27 (b) An entity which provides a telecommunications 28 facility exclusively to a company which is excluded from the 29 definition of a telecommunications company under this 30 subsection; 31 (c) A commercial mobile radio service provider; 29 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 (d) A facsimile transmission service; 2 (e) A private computer data network company not 3 offering service to the public for hire; 4 (f) A cable television company providing cable service 5 as defined in 47 U.S.C. s. 522; or 6 (g) An intrastate interexchange telecommunications 7 company. 8 9 However, each commercial mobile radio service provider and 10 each intrastate interexchange telecommunications company shall 11 continue to be liable for any taxes imposed under pursuant to 12 chapters 202, 203, and 212 and any fees assessed under 13 pursuant to ss. 364.025 and 364.336. Each intrastate 14 interexchange telecommunications company shall continue to be 15 subject to ss. 364.04, 364.10(3)(a) and (d), 364.163, 364.285, 16 364.501, 364.603, and 364.604, shall provide the commission 17 with such current information as the commission deems 18 necessary to contact and communicate with the company, shall 19 continue to pay intrastate switched network access rates or 20 other intercarrier compensation to the local exchange 21 telecommunications company or the competitive local exchange 22 telecommunications company for the origination and termination 23 of interexchange telecommunications service, and shall reduce 24 its intrastate long distance toll rates in accordance with s. 25 364.163(2). 26 (15)(14) "Telecommunications facility" includes real 27 estate, easements, apparatus, property, and routes used and 28 operated to provide two-way telecommunications service to the 29 public for hire within this state. 30 (16) "VoIP" means the voice-over-Internet protocol as 31 that term is defined in federal law. 30 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 Section 15. Section 364.0361, Florida Statutes, is 2 amended to read: 3 364.0361 Local government authority; nondiscriminatory 4 exercise.--A local government shall treat each 5 telecommunications company in a nondiscriminatory manner when 6 exercising its authority to grant franchises to a 7 telecommunications company or to otherwise establish 8 conditions or compensation for the use of rights-of-way or 9 other public property by a telecommunications company. A local 10 government may not directly or indirectly regulate the terms 11 and conditions, including, but not limited to, the operating 12 systems, qualifications, services, service quality, service 13 territory, and prices, applicable to or in connection with the 14 provision of any voice-over-Internet protocol, regardless of 15 the platform, provider, or protocol, broadband or information 16 service. This section does not relieve a provider from any 17 obligations under s. 166.046 or s. 337.401. 18 Section 16. Section 364.10, Florida Statutes, is 19 amended to read: 20 364.10 Undue advantage to person or locality 21 prohibited; Lifeline service.-- 22 (1) A telecommunications company may not make or give 23 any undue or unreasonable preference or advantage to any 24 person or locality or subject any particular person or 25 locality to any undue or unreasonable prejudice or 26 disadvantage in any respect whatsoever. 27 (2)(a) The prohibitions of subsection (1) 28 notwithstanding, an eligible telecommunications carrier a 29 telecommunications company serving as carrier of last resort 30 shall provide a Lifeline Assistance Plan to qualified 31 residential subscribers, as defined in a commission-approved 31 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 tariff or price list, and a preferential rate to eligible 2 facilities as provided for in part II. For the purposes of 3 this section, the term "eligible telecommunications carrier" 4 means a telecommunications company, as defined by s. 364.02, 5 which is designated as an eligible telecommunications carrier 6 by the commission pursuant to 47 C.F.R. s. 54.201. 7 (b) An eligible telecommunications carrier shall offer 8 a consumer who applies for or receives Lifeline service the 9 option of blocking all toll calls or, if technically capable, 10 placing a limit on the number of toll calls a consumer can 11 make. The eligible telecommunications carrier may not charge 12 the consumer an administrative charge or other additional fee 13 for blocking the service. 14 (c) An eligible telecommunications carrier may not 15 collect a service deposit in order to initiate Lifeline 16 service if the qualifying low-income consumer voluntarily 17 elects toll blocking or toll limitation. If the qualifying 18 low-income consumer elects not to place toll blocking on the 19 line, an eligible telecommunications carrier may charge a 20 service deposit. 21 (d) An eligible telecommunications carrier may not 22 charge Lifeline subscribers a monthly number-portability 23 charge. 24 (e)1. An eligible telecommunications carrier must 25 notify a Lifeline subscriber of impending termination of 26 Lifeline service if the company has a reasonable basis for 27 believing that the subscriber no longer qualifies. 28 Notification of pending termination must be in the form of a 29 letter that is separate from the subscriber's bill. 30 2. An eligible telecommunications carrier shall allow 31 a subscriber 60 days following the date of the pending 32 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 termination letter to demonstrate continued eligibility. The 2 subscriber must present proof of continued eligibility. An 3 eligible telecommunications carrier may transfer a subscriber 4 off of Lifeline service, pursuant to its tariff, if the 5 subscriber fails to demonstrate continued eligibility. 6 3. The commission shall establish procedures for such 7 notification and termination. 8 (f) An eligible telecommunications carrier shall 9 timely credit a consumer's bill with the Lifeline Assistance 10 credit as soon as practicable, but no later than 60 days 11 following receipt of notice of eligibility from the Office of 12 Public Counsel or proof of eligibility from the consumer. 13 (3)(a) Effective September 1, 2003, any local exchange 14 telecommunications company authorized by the commission to 15 reduce its switched network access rate pursuant to s. 364.164 16 shall have tariffed and shall provide Lifeline service to any 17 otherwise eligible customer or potential customer who meets an 18 income eligibility test at 135 125 percent or less of the 19 federal poverty income guidelines for Lifeline customers. Such 20 a test for eligibility must augment, rather than replace, the 21 eligibility standards established by federal law and based on 22 participation in certain low-income assistance programs. Each 23 intrastate interexchange telecommunications company shall, 24 effective September 1, 2003, file a tariff providing at a 25 minimum the intrastate interexchange telecommunications 26 carrier's current Lifeline benefits and exemptions to Lifeline 27 customers who meet the income eligibility test set forth in 28 this subsection. The Office of Public Counsel shall certify 29 and maintain claims submitted by a customer for eligibility 30 under the income test authorized by this subsection. 31 (b) Each eligible telecommunications carrier local 33 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 exchange telecommunications company subject to this subsection 2 shall provide to each state and federal agency providing 3 benefits to persons eligible for Lifeline service 4 applications, brochures, pamphlets, or other materials that 5 inform the such persons of their eligibility for Lifeline, and 6 each state agency providing the such benefits shall furnish 7 the materials to affected persons at the time they apply for 8 benefits. 9 (c) Any local exchange telecommunications company 10 customer receiving Lifeline benefits shall not be subject to 11 any residential basic local telecommunications service rate 12 increases authorized by s. 364.164 until the local exchange 13 telecommunications company reaches parity as defined in s. 14 364.164(5) or until the customer no longer qualifies for the 15 Lifeline benefits established by this section or s. 364.105, 16 or unless otherwise determined by the commission upon petition 17 by a local exchange telecommunications company. 18 (d) An eligible telecommunications carrier may not 19 discontinue basic local exchange telephone service to a 20 subscriber who receives Lifeline service because of nonpayment 21 by the subscriber of charges for nonbasic services billed by 22 the telecommunications company, including long-distance 23 service. A subscriber who receives Lifeline service shall be 24 required to pay all applicable basic local exchange service 25 fees, including the subscriber line charge, E-911, telephone 26 relay system charges, and applicable state and federal taxes. 27 (e) An eligible telecommunications carrier may not 28 refuse to connect, reconnect, or provide Lifeline service 29 because of unpaid toll charges or nonbasic charges other than 30 basic local exchange service. 31 (f) An eligible telecommunications carrier may require 34 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 that payment arrangements be made for outstanding debt 2 associated with basic local exchange service, subscriber line 3 charges, E-911, telephone relay system charges, and applicable 4 state and federal taxes. 5 (g) An eligible telecommunications carrier may block a 6 Lifeline service subscriber's access to all long-distance 7 service, except for toll-free numbers, and may block the 8 ability to accept collect calls when the subscriber owes an 9 outstanding amount for long-distance service or amounts 10 resulting from collect calls. However, the eligible 11 telecommunications carrier may not impose a charge for 12 blocking long-distance service. The eligible 13 telecommunications carrier shall remove the block at the 14 request of the subscriber without additional cost to the 15 subscriber upon payment of the outstanding amount. An eligible 16 telecommunications carrier may charge a service deposit before 17 removing the block. 18 (h)(d) By December 31, 2003, each state agency that 19 provides benefits to persons eligible for Lifeline service 20 shall undertake, in cooperation with the Department of 21 Children and Family Services, the Department of Education, the 22 commission, the Office of Public Counsel, and 23 telecommunications companies providing Lifeline services, the 24 development of procedures to promote Lifeline participation. 25 (i)(e) The commission shall report to the Governor, 26 the President of the Senate, and the Speaker of the House of 27 Representatives by December 31 each year on the number of 28 customers who are subscribing to Lifeline service and the 29 effectiveness of any procedures to promote participation. 30 (j) The commission shall adopt rules to administer 31 this section. 35 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 Section 17. Section 364.502, Florida Statutes, is 2 repealed. 3 Section 18. Subsection (1) of section 364.335, Florida 4 Statutes, is amended to read: 5 364.335 Application for certificate.-- 6 (1) Each applicant for a certificate shall: 7 (a) Provide all information required by rule or order 8 of the commission, which may include a detailed inquiry into 9 the ability of the applicant to provide service, a detailed 10 inquiry into the territory and facilities involved, and a 11 detailed inquiry into the existence of service from other 12 sources within geographical proximity to the territory applied 13 for. 14 (b) File with the commission schedules showing all 15 rates for service of every kind furnished by it and all rules 16 and contracts relating to such service. 17 (c) File the application fee required by the 18 commission in an amount not to exceed $500 $250. Such fees 19 shall be deposited in accordance with s. 350.113. 20 (d) Submit an affidavit that the applicant has caused 21 notice of its application to be given to such persons and in 22 such manner as may be prescribed by commission rule. 23 Section 19. Section 364.336, Florida Statutes, is 24 amended to read: 25 364.336 Regulatory assessment fees.--Notwithstanding 26 any provisions of law to the contrary, each telecommunications 27 company licensed or operating under this chapter, for any part 28 of the preceding 6-month period, shall pay to the commission, 29 within 30 days following the end of each 6-month period, a fee 30 that may not exceed 0.25 percent annually of its gross 31 operating revenues derived from intrastate business, except, 36 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 for purposes of this section and the fee specified in s. 2 350.113(3), any amount paid to another telecommunications 3 company for the use of any telecommunications network shall be 4 deducted from the gross operating revenue for purposes of 5 computing the fee due. The commission shall by rule assess a 6 minimum fee in an amount up to $1,000. The minimum amount may 7 vary depending on the type of service provided by the 8 telecommunications company, and shall, to the extent 9 practicable, be related to the cost of regulating such type of 10 company. Differences, if any, between the amount paid in any 11 6-month period and the amount actually determined by the 12 commission to be due shall, upon motion by the commission, be 13 immediately paid or refunded. Fees under this section may not 14 be less than $50 annually. Such fees shall be deposited in 15 accordance with s. 350.113. The commission may by rule 16 establish criteria for payment of the regulatory assessment 17 fee on an annual basis rather than on a semiannual basis. 18 Section 20. Subsection (6) of section 196.012, Florida 19 Statutes, is amended to read: 20 196.012 Definitions.--For the purpose of this chapter, 21 the following terms are defined as follows, except where the 22 context clearly indicates otherwise: 23 (6) Governmental, municipal, or public purpose or 24 function shall be deemed to be served or performed when the 25 lessee under any leasehold interest created in property of the 26 United States, the state or any of its political subdivisions, 27 or any municipality, agency, special district, authority, or 28 other public body corporate of the state is demonstrated to 29 perform a function or serve a governmental purpose which could 30 properly be performed or served by an appropriate governmental 31 unit or which is demonstrated to perform a function or serve a 37 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 purpose which would otherwise be a valid subject for the 2 allocation of public funds. For purposes of the preceding 3 sentence, an activity undertaken by a lessee which is 4 permitted under the terms of its lease of real property 5 designated as an aviation area on an airport layout plan which 6 has been approved by the Federal Aviation Administration and 7 which real property is used for the administration, operation, 8 business offices and activities related specifically thereto 9 in connection with the conduct of an aircraft full service 10 fixed base operation which provides goods and services to the 11 general aviation public in the promotion of air commerce shall 12 be deemed an activity which serves a governmental, municipal, 13 or public purpose or function. Any activity undertaken by a 14 lessee which is permitted under the terms of its lease of real 15 property designated as a public airport as defined in s. 16 332.004(14) by municipalities, agencies, special districts, 17 authorities, or other public bodies corporate and public 18 bodies politic of the state, a spaceport as defined in s. 19 331.303(19), or which is located in a deepwater port 20 identified in s. 403.021(9)(b) and owned by one of the 21 foregoing governmental units, subject to a leasehold or other 22 possessory interest of a nongovernmental lessee that is deemed 23 to perform an aviation, airport, aerospace, maritime, or port 24 purpose or operation shall be deemed an activity that serves a 25 governmental, municipal, or public purpose. The use by a 26 lessee, licensee, or management company of real property or a 27 portion thereof as a convention center, visitor center, sports 28 facility with permanent seating, concert hall, arena, stadium, 29 park, or beach is deemed a use that serves a governmental, 30 municipal, or public purpose or function when access to the 31 property is open to the general public with or without a 38 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 charge for admission. If property deeded to a municipality by 2 the United States is subject to a requirement that the Federal 3 Government, through a schedule established by the Secretary of 4 the Interior, determine that the property is being maintained 5 for public historic preservation, park, or recreational 6 purposes and if those conditions are not met the property will 7 revert back to the Federal Government, then such property 8 shall be deemed to serve a municipal or public purpose. The 9 term "governmental purpose" also includes a direct use of 10 property on federal lands in connection with the Federal 11 Government's Space Exploration Program or spaceport activities 12 as defined in s. 212.02(22). Real property and tangible 13 personal property owned by the Federal Government or the 14 Florida Space Authority and used for defense and space 15 exploration purposes or which is put to a use in support 16 thereof shall be deemed to perform an essential national 17 governmental purpose and shall be exempt. "Owned by the 18 lessee" as used in this chapter does not include personal 19 property, buildings, or other real property improvements used 20 for the administration, operation, business offices and 21 activities related specifically thereto in connection with the 22 conduct of an aircraft full service fixed based operation 23 which provides goods and services to the general aviation 24 public in the promotion of air commerce provided that the real 25 property is designated as an aviation area on an airport 26 layout plan approved by the Federal Aviation Administration. 27 For purposes of determination of "ownership," buildings and 28 other real property improvements which will revert to the 29 airport authority or other governmental unit upon expiration 30 of the term of the lease shall be deemed "owned" by the 31 governmental unit and not the lessee. Providing two-way 39 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 telecommunications services to the public for hire by the use 2 of a telecommunications facility, as defined in s. 364.02(15) 3 s.364.02(14), and for which a certificate is required under 4 chapter 364 does not constitute an exempt use for purposes of 5 s. 196.199, unless the telecommunications services are 6 provided by the operator of a public-use airport, as defined 7 in s. 332.004, for the operator's provision of 8 telecommunications services for the airport or its tenants, 9 concessionaires, or licensees, or unless the 10 telecommunications services are provided by a public hospital. 11 However, property that is being used to provide such 12 telecommunications services on or before October 1, 1997, 13 shall remain exempt, but such exemption expires October 1, 14 2004. 15 Section 21. Paragraph (b) of subsection (1) of section 16 199.183, Florida Statutes, is amended to read: 17 199.183 Taxpayers exempt from annual and nonrecurring 18 taxes.-- 19 (1) Intangible personal property owned by this state 20 or any of its political subdivisions or municipalities shall 21 be exempt from taxation under this chapter. This exemption 22 does not apply to: 23 (b) Property related to the provision of two-way 24 telecommunications services to the public for hire by the use 25 of a telecommunications facility, as defined in s. 364.02(15) 26 s. 364.02(14), and for which a certificate is required under 27 chapter 364, when the such service is provided by any county, 28 municipality, or other political subdivision of the state. Any 29 immunity of any political subdivision of the state or other 30 entity of local government from taxation of the property used 31 to provide telecommunication services that is taxed as a 40 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 result of this paragraph is hereby waived. However, intangible 2 personal property related to the provision of such 3 telecommunications services provided by the operator of a 4 public-use airport, as defined in s. 332.004, for the 5 operator's provision of telecommunications services for the 6 airport or its tenants, concessionaires, or licensees, and 7 intangible personal property related to the provision of such 8 telecommunications services provided by a public hospital, are 9 exempt from taxation under this chapter. 10 Section 22. Subsection (6) of section 212.08, Florida 11 Statutes, is amended to read: 12 212.08 Sales, rental, use, consumption, distribution, 13 and storage tax; specified exemptions.--The sale at retail, 14 the rental, the use, the consumption, the distribution, and 15 the storage to be used or consumed in this state of the 16 following are hereby specifically exempt from the tax imposed 17 by this chapter. 18 (6) EXEMPTIONS; POLITICAL SUBDIVISIONS.--There are 19 also exempt from the tax imposed by this chapter sales made to 20 the United States Government, a state, or any county, 21 municipality, or political subdivision of a state when payment 22 is made directly to the dealer by the governmental entity. 23 This exemption shall not inure to any transaction otherwise 24 taxable under this chapter when payment is made by a 25 government employee by any means, including, but not limited 26 to, cash, check, or credit card when that employee is 27 subsequently reimbursed by the governmental entity. This 28 exemption does not include sales of tangible personal property 29 made to contractors employed either directly or as agents of 30 any such government or political subdivision thereof when such 31 tangible personal property goes into or becomes a part of 41 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 public works owned by such government or political 2 subdivision. A determination whether a particular transaction 3 is properly characterized as an exempt sale to a government 4 entity or a taxable sale to a contractor shall be based on the 5 substance of the transaction rather than the form in which the 6 transaction is cast. The department shall adopt rules that 7 give special consideration to factors that govern the status 8 of the tangible personal property before its affixation to 9 real property. In developing these rules, assumption of the 10 risk of damage or loss is of paramount consideration in the 11 determination. This exemption does not include sales, rental, 12 use, consumption, or storage for use in any political 13 subdivision or municipality in this state of machines and 14 equipment and parts and accessories therefor used in the 15 generation, transmission, or distribution of electrical energy 16 by systems owned and operated by a political subdivision in 17 this state for transmission or distribution expansion. 18 Likewise exempt are charges for services rendered by radio and 19 television stations, including line charges, talent fees, or 20 license fees and charges for films, videotapes, and 21 transcriptions used in producing radio or television 22 broadcasts. The exemption provided in this subsection does not 23 include sales, rental, use, consumption, or storage for use in 24 any political subdivision or municipality in this state of 25 machines and equipment and parts and accessories therefor used 26 in providing two-way telecommunications services to the public 27 for hire by the use of a telecommunications facility, as 28 defined in s. 364.02(15) s. 364.02(14), and for which a 29 certificate is required under chapter 364, which facility is 30 owned and operated by any county, municipality, or other 31 political subdivision of the state. Any immunity of any 42 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 political subdivision of the state or other entity of local 2 government from taxation of the property used to provide 3 telecommunication services that is taxed as a result of this 4 section is hereby waived. However, the exemption provided in 5 this subsection includes transactions taxable under this 6 chapter which are for use by the operator of a public-use 7 airport, as defined in s. 332.004, in providing such 8 telecommunications services for the airport or its tenants, 9 concessionaires, or licensees, or which are for use by a 10 public hospital for the provision of such telecommunications 11 services. 12 Section 23. Subsection (8) of section 290.007, Florida 13 Statutes, is amended to read: 14 290.007 State incentives available in enterprise 15 zones.--The following incentives are provided by the state to 16 encourage the revitalization of enterprise zones: 17 (8) Notwithstanding any law to the contrary, the 18 Public Service Commission may allow public utilities and 19 telecommunications companies to grant discounts of up to 50 20 percent on tariffed rates for services to small businesses 21 located in an enterprise zone designated pursuant to s. 22 290.0065. Such discounts may be granted for a period not to 23 exceed 5 years. For purposes of this subsection, the term 24 "public utility" has the same meaning as in s. 366.02(1) and 25 the term "telecommunications company" has the same meaning as 26 in s. 364.02(14) s. 364.02(13). 27 Section 24. Subsection (3) of section 350.0605, 28 Florida Statutes, is amended to read: 29 350.0605 Former commissioners and employees; 30 representation of clients before commission.-- 31 (3) For a period of 2 years following termination of 43 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 service on the commission, a former member may not accept 2 employment by or compensation from a business entity which, 3 directly or indirectly, owns or controls a public utility 4 regulated by the commission, from a public utility regulated 5 by the commission, from a business entity which, directly or 6 indirectly, is an affiliate or subsidiary of a public utility 7 regulated by the commission or is an actual business 8 competitor of a local exchange company or public utility 9 regulated by the commission and is otherwise exempt from 10 regulation by the commission under ss. 364.02(14) 364.02(13) 11 and 366.02(1), or from a business entity or trade association 12 that has been a party to a commission proceeding within the 2 13 years preceding the member's termination of service on the 14 commission. This subsection applies only to members of the 15 Florida Public Service Commission who are appointed or 16 reappointed after May 10, 1993. 17 Section 25. Subsection (4) of section 364.602, Florida 18 Statutes, is amended to read: 19 364.602 Definitions.--For purposes of this part: 20 (4) "Originating party" means any person, firm, 21 corporation, or other entity, including a telecommunications 22 company or a billing clearinghouse, that provides any 23 telecommunications service or information service to a 24 customer or bills a customer through a billing party, except 25 the term "originating party" does not include any entity 26 specifically exempted from the definition of 27 "telecommunications company" as provided in s. 364.02(14) s. 28 364.02(13). 29 Section 26. Subsection (5) of section 489.103, Florida 30 Statutes, is amended to read: 31 489.103 Exemptions.--This part does not apply to: 44 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 (5) Public utilities, including special gas districts 2 as defined in chapter 189, telecommunications companies as 3 defined in s. 364.02(14) s. 364.02(13) and natural gas 4 transmission companies as defined in s. 368.103(4), on 5 construction, maintenance, and development work performed by 6 their employees, which work, including, but not limited to, 7 work on bridges, roads, streets, highways, or railroads, is 8 incidental to their business. The board shall define, by rule, 9 the term "incidental to their business" for purposes of this 10 subsection. 11 Section 27. This act may not be construed to limit the 12 rights of local government or the duties of providers of cable 13 service to comply with any and all requirements of federal, 14 state, or local law, including, but not limited to, 47 U.S.C. 15 s.541, s. 166.046, and s. 337.401. 16 Section 28. Subsection (4) of section 364.051, Florida 17 Statutes, is amended to read: 18 364.051 Price regulation.-- 19 (4)(a) Notwithstanding the provisions of subsection 20 (2), any local exchange telecommunications company that 21 believes circumstances have changed substantially to justify 22 any increase in the rates for basic local telecommunications 23 services may petition the commission for a rate increase, but 24 the commission shall grant the such petition only after an 25 opportunity for a hearing and a compelling showing of changed 26 circumstances. The costs and expenses of any government 27 program or project required in part II may shall not be 28 recovered under this subsection unless the such costs and 29 expenses are incurred in the absence of a bid and subject to 30 carrier-of-last-resort obligations as provided for in part II. 31 The commission shall act upon the any such petition within 120 45 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 days after of its filing. 2 (b) For purposes of this section, evidence of damage 3 occurring to the lines, plants, or facilities of a local 4 exchange telecommunications company that is subject to the 5 carrier-of-last-resort obligations, which damage is the result 6 of a tropical system occurring after June 1, 2005, and named 7 by the National Hurricane Center, constitutes a compelling 8 showing of changed circumstances. 9 1. A company may file a petition to recover its 10 intrastate costs and expenses relating to repairing, 11 restoring, or replacing the lines, plants, or facilities 12 damaged by a named tropical system. 13 2. The commission shall verify the intrastate costs 14 and expenses submitted by the company in support of its 15 petition. 16 3. The company must show and the commission shall 17 determine whether the intrastate costs and expenses are 18 reasonable under the circumstances for the named tropical 19 system. 20 4. A company having a storm-reserve fund may recover 21 tropical-system-related costs and expenses from its customers 22 only in excess of any amount available in the storm-reserve 23 fund. 24 5. The commission may determine the amount of any 25 increase that the company may charge its customers, but the 26 charge per line item may not exceed 50 cents per month per 27 customer line for a period of not more than 12 months. 28 6. The commission may order the company to add an 29 equal line-item charge per access line to the billing 30 statement of the company's retail basic local 31 telecommunications service customers, its retail nonbasic 46 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 telecommunications service customers, and, to the extent the 2 commission determines appropriate, its wholesale loop 3 unbundled network element customers. At the end of the 4 collection period, the commission shall verify that the 5 collected amount does not exceed the amount authorized by the 6 order. If collections exceed the ordered amount, the 7 commission shall order the company to refund the excess. 8 7. In order to qualify for filing a petition under 9 this paragraph, a company with one million or more access 10 lines, but fewer than three million access lines, must have 11 tropical-system-related costs and expenses exceeding $1.5 12 million, and a company with three million or more access lines 13 must have tropical-system-related costs and expenses of $5 14 million or more. A company with fewer than one million access 15 lines is not required to meet a minimum damage threshold in 16 order to qualify to file a petition under this paragraph. 17 8. A company may file only one petition for storm 18 recovery in any 12-month period for the previous storm season, 19 but the application may cover damages from more than one named 20 tropical system. 21 22 This paragraph is not intended to adversely affect the 23 commission's consideration of any petition for an increase in 24 basic rates to recover costs related to storm damage which was 25 filed before the effective date of this act. 26 Section 29. This act shall take effect upon becoming a 27 law except that the provisions that create new standards of 28 conduct for Public Service Commission members and that create 29 new penalties for violations involving such members shall 30 apply only to actions occurring after that date. 31 47 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 An act relating to regulation of 7 communications; creating the Committee on 8 Public Service Commission Oversight as a 9 standing joint committee of the Legislature; 10 providing for its membership, powers, and 11 duties; amending s. 350.001, F.S.; requiring 12 that the commission perform its duties 13 independently; amending s. 350.031, F.S.; 14 authorizing the Florida Public Service 15 Commission Nominating Council to make 16 expenditures to advertise a vacancy on the 17 council or the commission; requiring that the 18 Committee on Public Service Commission 19 Oversight provide nominees for recommendation 20 to the Governor for appointment to the Public 21 Service Commission; providing procedures; 22 amending s. 350.041, F.S.; clarifying the 23 prohibition against accepting gifts with 24 respect to its application to commissioners 25 attending conferences; requiring that a penalty 26 be imposed against a person who gives a 27 commissioner a prohibited gift; requiring that 28 commissioners avoid impropriety and act in a 29 manner that promotes confidence in the 30 commission; prohibiting a commissioner from 31 soliciting any thing of value, either directly 48 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 or indirectly, from any public utility, its 2 affiliate, or any party; amending s. 350.042, 3 F.S.; requiring that a penalty be imposed 4 against a person involved in a prohibited ex 5 parte communication with a commissioner; 6 amending s. 350.061, F.S.; requiring that the 7 Committee on Public Service Commission 8 Oversight rather than the Joint Legislative 9 Auditing Committee appoint the Public Counsel; 10 providing for biennial reconfirmation rather 11 than annual; requiring that the Public Counsel 12 perform his or her duties independently; 13 amending s. 350.0614, F.S.; requiring that the 14 Committee on Public Service Commission 15 Oversight rather than the Joint Legislative 16 Auditing Committee oversee expenditures of the 17 Public Counsel; providing definitions; 18 providing for notice of public hearings to 19 consider whether the local government will 20 provide a communications service; requiring a 21 governmental entity to take certain action 22 before a communications service is provided; 23 providing certain restrictions on revenue bonds 24 to finance provisioning of communications 25 services; requiring a local government to make 26 available a written business plan; providing 27 criteria for the business plan; setting pricing 28 standards; providing for accounting and books 29 and records; requiring the governmental entity 30 to establish an enterprise fund; requiring the 31 governmental entity to maintain separate 49 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 operating and capital budgets; limiting the use 2 of eminent-domain powers; requiring a 3 governmental entity to hold a public hearing to 4 consider certain factors if the business plan 5 goals are not met; requiring compliance with 6 certain federal and state laws; requiring local 7 government to treat itself the same as it 8 treats other providers of similar 9 communications services; exempting certain 10 governmental entities from specified provisions 11 of the act; requiring a local government 12 provider of communications services to follow 13 the same prohibitions as other providers of the 14 same services; providing an exemption for 15 airports under certain conditions; recognizing 16 preemption of a charter, code, or other 17 governmental authority; providing for 18 severability; repealing s. 364.502, F.S., which 19 provides for regulation of video programming; 20 amending s. 364.01, F.S.; specifying the 21 exclusive jurisdiction of the Florida Public 22 Service Commission to regulate 23 telecommunications companies; providing that 24 state laws governing business and consumer 25 protection be applied to communications 26 activities that are not regulated by the 27 commission; revising provisions governing the 28 exclusive jurisdiction of the commission; 29 creating s. 364.011, F.S.; specifying certain 30 services that are exempt from oversight by the 31 commission; creating s. 364.012, F.S.; 50 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 requiring the commission to coordinate with 2 federal agencies; providing that ch. 364, F.S., 3 does not limit or modify certain duties of a 4 local exchange carrier; creating s. 364.013, 5 F.S.; requiring that broadband service remain 6 free of state and local regulation; requiring 7 that voice-over-Internet protocol remain free 8 of regulation, except as specifically provided 9 in ch. 364, F.S., or by federal law; amending 10 s. 364.02, F.S.; defining the terms "broadband 11 service" and "VoIP"; redefining the term 12 "service"; amending s. 364.0361, F.S.; 13 prohibiting a local government from regulating 14 voice-over-Internet protocol regardless of the 15 platform or provider; amending s. 364.10, F.S.; 16 transferring applicability from 17 telecommunications companies serving as 18 carriers of last resort to eligible 19 telecommunications carriers; defining the term 20 "eligible telecommunications carrier"; 21 providing requirements for eligible 22 telecommunications carriers; requiring the 23 Public Service Commission to establish 24 procedures for notification and termination of 25 the Lifeline Assistance credit; providing 26 criteria for connection, reconnection, and 27 discontinuation of basic local 28 telecommunications service for Lifeline 29 Assistance subscribers; providing criteria for 30 blocking access to long-distance service; 31 adding the Department of Education and the 51 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 Office of Public Counsel to those agencies that 2 are directed to cooperate in developing 3 procedures for promoting Lifeline 4 participation; requiring the commission to 5 adopt rules; repealing s. 364.502, F.S., 6 relating to video programming services; 7 amending s. 364.335, F.S.; increasing to $500 8 from $250 the maximum allowable filing fee for 9 certification of telecommunications carriers; 10 amending s. 364.336, F.S.; authorizing the 11 Public Service Commission to establish a 12 minimum fee of up to $1,000; authorizing 13 different fees for different types of services 14 provided by telecommunications companies; 15 amending ss. 196.012, 199.183, 212.08, 290.007, 16 350.0605, 364.602, and 489.103, F.S.; 17 conforming cross-references; providing 18 clarification of rights of local governments 19 and duties of cable service providers to comply 20 with certain laws and regulations; amending s. 21 364.051, F.S.; providing that damage to the 22 equipment and facilities of a local exchange 23 telecommunications as a result of a named 24 tropical system constitutes a compelling 25 showing of changed circumstances to justify a 26 rate increase; allowing such companies to 27 petition for recovery of such costs and 28 expenses; requiring the Public Service 29 Commission to verify the intrastate costs and 30 expenses for repairing, restoring, or replacing 31 damaged lines, plants, or facilities; requiring 52 9:28 PM 05/03/05 h1649.22cu.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1649, 1st Eng. Barcode 385652 1 the commission to determine whether the 2 intrastate costs and expenses are reasonable; 3 requiring a company to exhaust any 4 storm-reserve funds prior to recovery from 5 customers; providing that the commission may 6 authorize adding an equal line-item charge per 7 access line for certain customers; providing 8 for a rate cap and providing the maximum number 9 of months the rate may be imposed; providing a 10 12-month limit for the application; allowing 11 recovery for more than one storm within the 12 limit; providing an effective date. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 53 9:28 PM 05/03/05 h1649.22cu.00q