Senate Bill sb1858

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    Florida Senate - 2007                                  SB 1858

    By Senator Bennett





    21-1171-07

  1                      A bill to be entitled

  2         An act relating to automated telephone

  3         answering systems; creating s. 282.108, F.S.;

  4         defining terms; requiring state agencies and

  5         agents acting on behalf of a state agency to

  6         provide during specified hours an option,

  7         during the first minute of a call answered by

  8         an automated telephone answering system, which

  9         permits callers to reach an employee; requiring

10         allocation of at least two phone lines for

11         certain responsibilities; requiring on-hold

12         times to be monitored; providing exceptions for

13         nonoperational hours; providing an exception

14         for the "511" traveler information system;

15         prohibiting a state agency or agent employee

16         from using an automated telephone answering

17         system except under specified circumstances;

18         requiring the State Technology Office to adopt

19         rules that require the submission of annual

20         reports; requiring the State Technology Office

21         to submit annual reports to the Governor and

22         the Legislature; providing that no cause of

23         action arises due to a failure to comply with

24         the act; repealing s. 110.1082, F.S., relating

25         to telephone voice mail systems and telephone

26         menu options; providing an effective date.

27  

28         WHEREAS, state agencies are appropriately concerned

29  about making information accessible to the public and

30  maintaining high standards of customer service, and

31  

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    Florida Senate - 2007                                  SB 1858
    21-1171-07




 1         WHEREAS, while many state agencies use automated

 2  telephone answering systems to decrease costs and increase

 3  efficiency, there are times when it is important that an

 4  employee rather than an automated system answer the telephone,

 5  and

 6         WHEREAS, the people of this state, including business

 7  owners, visitors, and legislators, have expressed concern that

 8  some state agencies improperly rely on voice mail and other

 9  automated telephone answering systems to screen calls and

10  direct callers, and

11         WHEREAS, some telephone systems operated by state

12  agencies require callers to proceed through several menus in

13  order to finally reach an individual extension, which is an

14  arrangement that can be intimidating to the caller, and

15         WHEREAS, many telephone systems also make it difficult

16  to reach an attendant or operator at the state agency, and

17         WHEREAS, as a consequence, individuals who call a state

18  agency become frustrated in their attempts to obtain

19  information and are trapped in a voice-mail loop, and

20         WHEREAS, while automated telephone systems and voice

21  mail are intended to improve efficiency, the first duty of

22  state government is to serve the people, and efficiency should

23  not impede the average member of the public in attempting to

24  contact a state agency for service or information, NOW,

25  THEREFORE,

26  

27  Be It Enacted by the Legislature of the State of Florida:

28  

29         Section 1.  Section 282.108, Florida Statutes, is

30  created to read:

31  

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    Florida Senate - 2007                                  SB 1858
    21-1171-07




 1         282.108  State agency automated telephone answering

 2  systems.--

 3         (1)  As used in this section, the term:

 4         (a)  "Agent" means any person answering incoming

 5  telephone calls from the public on behalf of a state agency

 6  pursuant to a contract executed or renewed on or after January

 7  1, 2008.

 8         (b)  "Automated telephone answering system" means a

 9  software application that is used by a state agency or agent

10  to answer incoming telephone calls from the public; that

11  accepts voice telephone or touch-tone keypad input; and that

12  provides responses in the form of a voice, fax, callback,

13  e-mail, or other media response.

14         (c)  "Menu" means the first time during a telephone

15  call answered by an automated telephone answering system when

16  the caller is asked to choose from two or more options,

17  regardless of whether those options are referred to as a menu,

18  router, or by any other term.

19         (d)  "On-hold time" means the amount of time that a

20  caller is not speaking with an employee of a state agency or

21  agent or is not interacting with options provided by the

22  automated telephone answering system.

23         (e)  "State agency" means any official, officer,

24  commission, board, authority, council, committee, or

25  department of the executive branch of state government.

26         (2)(a)  On or before January 1, 2008, each state agency

27  and agent during regular hours of operation shall make

28  available, during the first minute of any telephone call

29  answered by an automated telephone answering system, a menu

30  option that permits callers to reach an employee of the state

31  agency or an agent who is trained to answer basic inquiries or

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    Florida Senate - 2007                                  SB 1858
    21-1171-07




 1  to otherwise direct the caller to someone appropriate to

 2  respond to the caller. Each state agency and agent shall

 3  allocate a minimum of two telephone lines to handle the

 4  responsibilities under this paragraph and shall monitor

 5  on-hold times during regular hours of operation, with the goal

 6  of an average on-hold time of 5 minutes or less per telephone

 7  call. During nonoperational hours, the state agency or agent

 8  may rely exclusively upon an automated telephone answering

 9  system.

10         (b)  This subsection does not apply to any "511"

11  traveler information system operated by the Department of

12  Transportation.

13         (3)  An employee of a state agency or an agent may not

14  use an automated telephone answering system when the employee

15  is at his or her regularly assigned work station if his or her

16  telephone is functional and available for use, unless the:

17         (a)  Telephone is in use; or

18         (b)  Automated telephone answering system transfers the

19  caller to, or provides the caller with an option of promptly

20  reaching an employee of a state agency or agent who can direct

21  the caller to, someone appropriate to respond to the caller.

22         (4)  The State Technology Office shall:

23         (a)  Adopt rules pursuant to ss. 120.536(1) and 120.54

24  by January 1, 2008, requiring each state agency on behalf of

25  itself and its agents to submit a written report to the office

26  on July 31, 2008, and annually thereafter, which relates to

27  the previous fiscal year and which describes actions taken to

28  ensure compliance with this section, documents average on-hold

29  times, and sets forth a plan for future action that will be

30  taken to reduce average on-hold times in the event this

31  average exceeds 5 minutes; and

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    Florida Senate - 2007                                  SB 1858
    21-1171-07




 1         (b)  Provide a written report to the Governor, the

 2  President of the Senate, and the Speaker of the House of

 3  Representatives by September 30, 2008, and annually

 4  thereafter, summarizing compliance by state agencies and

 5  agents with this section and indicating the average on-hold

 6  time of each state agency and agent during the previous fiscal

 7  year.

 8         (5)  No cause of action shall arise in favor of a

 9  person due to the failure of a state agency or agent to comply

10  with this section.

11         Section 2.  This act shall be implemented by state

12  agencies using existing personnel and within existing

13  resources.

14         Section 3.  Section 110.1082, Florida Statutes, is

15  repealed.

16         Section 4.  This act shall take effect July 1, 2007.

17  

18            *****************************************

19                          SENATE SUMMARY

20    Requires each state agency to provide a menu option on
      each automated telephone answering system to allow the
21    public to talk to an agency employee during normal
      business hours. Provides exceptions for telephone calls
22    received after business hours and on weekends. Provides
      that state employees may not use an automated telephone
23    answering system except under specified circumstances.
      Provides dates for implementing the act. Requires the
24    State Technology Office to adopt rules to implement the
      system. Provides for reports to the Governor and the
25    Legislature.

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