HB 0313

1	A bill to be entitled
2	An act relating to the Lifeline telecommunications
3	service; amending s. 364.10, F.S.; directing a local
4	exchange telecommunications company to offer a consumer
5	who applies for or receives Lifeline service the option of
6	blocking toll calls; prohibiting a local exchange
7	telecommunications company from discontinuing local
8	service to a consumer receiving Lifeline service for
9	nonpayment of other telephone services; directing the
10	Public Service Commission to adopt rules to administer the
11	prohibition; authorizing a local exchange
12	telecommunications company to block specified long-
13	distance services when a customer owes an outstanding
14	account for those services; revising time for agencies to
15	develop procedures to promote Lifeline participation;
16	requiring certain state agencies to automatically enroll
17	an eligible consumer in the Lifeline service with the
18	appropriate local exchange telecommunications company;
19	directing the commission to adopt rules to provide for an
20	automatic Lifeline service enrollment process; requiring
21	the commission, the Department of Children and Family
22	Services, and the Office of Public Counsel to enter into a
23	memorandum of understanding concerning the automatic
24	enrollment of consumers in Lifeline services; providing an
25	effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Section 364.10, Florida Statutes, is amended to
30	read:
31	364.10  Undue advantage to person or locality prohibited;
32	Lifeline service.--
33	(1)  A telecommunications company may not make or give any
34	undue or unreasonable preference or advantage to any person or
35	locality or subject any particular person or locality to any
36	undue or unreasonable prejudice or disadvantage in any respect
37	whatsoever.
38	(2)(a)  The prohibitions of subsection (1) notwithstanding,
39	a telecommunications company serving as carrier of last resort
40	shall provide a Lifeline Assistance Plan to qualified
41	residential subscribers, as defined in a commission-approved
42	tariff and a preferential rate to eligible facilities as
43	provided for in part II.
44	(b)  A local exchange telecommunications company shall
45	offer a consumer who applies for or receives Lifeline service
46	the option of blocking all toll calls or, if technically
47	capable, placing a limit on the amount of toll calls a consumer
48	can make. The local exchange telecommunications company may not
49	charge the consumer an administrative charge or other additional
50	fee for blocking the service.
51	(3)(a)  Effective September 1, 2003, any local exchange
52	telecommunications company authorized by the commission to
53	reduce its switched network access rate under pursuant to s.
54	364.164 shall have tariffed and shall provide Lifeline service
55	to any otherwise eligible customer or potential customer who
56	meets an income eligibility test at 125 percent or less of the
57	federal poverty income guidelines for Lifeline customers. The
58	Such a test for eligibility must augment, rather than replace,
59	the eligibility standards established by federal law and based
60	on participation in certain low-income assistance programs. Each
61	intrastate interexchange telecommunications company shall,
62	effective September 1, 2003, file a tariff providing at a
63	minimum the intrastate interexchange telecommunications
64	carrier's current Lifeline benefits and exemptions to Lifeline
65	customers who meet the income eligibility test set forth in this
66	subsection. The Office of Public Counsel shall certify and
67	maintain claims submitted by a customer for eligibility under
68	the income test authorized by this subsection.
69	(b)  Each local exchange telecommunications company subject
70	to this subsection shall provide to each state and federal
71	agency providing benefits to persons eligible for Lifeline
72	service applications, brochures, pamphlets, or other materials
73	that inform the such persons of their eligibility for Lifeline,
74	and each state agency providing the such benefits shall furnish
75	the materials to affected persons at the time they apply for
76	benefits.
77	(c)1.  Any local exchange telecommunications company
78	customer receiving Lifeline benefits shall not be subject to any
79	residential basic local telecommunications service rate
80	increases authorized by s. 364.164 until the local exchange
81	telecommunications company reaches parity as defined in s.
82	364.164(5) or until the customer no longer qualifies for the
83	Lifeline benefits established by this section or s. 364.105, or
84	unless otherwise determined by the commission upon petition by a
85	local exchange telecommunications company.
86	2.  A local exchange telecommunications company may not
87	discontinue basic local exchange telephone service to a consumer
88	who receives Lifeline service because of nonpayment by the
89	consumer of charges for other services billed by the
90	telecommunications company, including long-distance service. The
91	commission shall adopt rules to administer this subparagraph.
92	3.  A local exchange telecommunications company may block a
93	Lifeline service participant's access to all long-distance
94	service except toll-free numbers when the participant owes an
95	outstanding amount for long-distance service. The local exchange
96	telecommunications company shall remove the block without
97	additional cost to the participant on payment of the outstanding
98	amount.
99	(d)1.  By December 31, 2005 2003, each state agency
100	providing that provides benefits to persons eligible for
101	Lifeline service shall undertake, in cooperation with the
102	Department of Children and Family Services, the commission, the
103	Office of Public Counsel, and telecommunications companies
104	providing Lifeline services, the development of procedures to
105	promote Lifeline participation.
106	2.  Whenever a state agency determines that a person is
107	eligible for Lifeline service, the agency must immediately
108	ensure that the person is automatically enrolled in the Lifeline
109	service with the appropriate local exchange telecommunications
110	company. The commission shall adopt rules providing for an
111	automatic enrollment process in order that eligible customers
112	receive Lifeline service.
113	3.  The commission, the Department of Children and Family
114	Services, and the Office of Public Counsel shall enter into a
115	memorandum of understanding establishing the respective duties
116	of the commission, the department, and the Public Counsel in
117	relation to the automatic enrollment.
118	(e)  The commission shall report to the Governor, the
119	President of the Senate, and the Speaker of the House of
120	Representatives by December 31 each year on the number of
121	customers who are subscribing to Lifeline service and the
122	effectiveness of any procedures to promote participation.
123	Section 2.  This act shall take effect July 1, 2005.

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