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A bill to be entitled

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An act relating to prepaid telephone calling cards and

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services; providing definitions; requiring each prepaid

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calling service provider and prepaid calling card

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distributor to disclose certain information on the

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prepaid telephone calling cards or the calling card

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packaging and in any advertising for the service or

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cards, including any Internet website used to promote or

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distribute the service or calling cards; requiring that

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all minutes or rates, or both, promoted, or advertised

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on the body of any prepaid calling card relating to

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that card, or otherwise relating to any prepaid

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calling service, must be available and achievable by

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the customer; prohibiting a provider from charging any

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fees, taxes, surcharges, or other amounts for use of

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the card except those specifically authorized by law;

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requiring, in circumstances when a language other than

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English is predominantly used on a prepaid calling

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card, its packaging, or in point-of-sale advertising

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or promotion for the prepaid calling card or prepaid

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calling service, that the mandated disclosures appear

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in that language on that card, packaging,

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advertisement, or promotion; requiring that a

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company's 24-hour customer service telephone number

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enable the customer to obtain, at no charge, all

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applicable information regarding the rates, any

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permitted fees, charges, and minutes available on the

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card; requiring each provider and distributor to

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conspicuously display the applicable access numbers

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for the use of the card on the body of the card itself

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or on its packaging; prohibiting a company from

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imposing a fee or surcharge that is not disclosed as

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required by this section or that exceeds the amount

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disclosed by the company; prohibiting a prepaid

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calling card retailer from selling or offering for

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sale any prepaid calling card that the retailer knows

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provides fewer minutes than the number of minutes

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promoted or advertised for that card, including the

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number of minutes listed on the card; providing that a

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violation of the act is a deceptive and unfair trade

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practice and constitutes a violation of the Florida

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Deceptive and Unfair Trade Practices Act under part II

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of ch. 501, F.S., and is subject to the penalties and

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remedies provided for such violation; requiring the

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Public Service Commission to prepare a report for the

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Governor and Legislature; requiring the commission to

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adopt rules; providing applicability; providing an

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effective date.

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

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     Section 1. Prepaid calling cards; disclosing

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information; penalties.--

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

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     (a) "Advertisement" means the attempt, directly or

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indirectly, by publication, dissemination, solicitation,

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endorsement, or circulation or in any other way, to induce,

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directly or indirectly, any person to purchase any prepaid

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calling card or service, appearing in any newspaper, magazine,

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periodical, circular, in-store or out-of-store sign, or other

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written matter placed before the consuming public, in any radio

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broadcast, television broadcast, or electronic medium, or

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delivered to or through any computer.

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     (b) "Commission" means the Public Service Commission.

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     (c) "Company" means any entity, corporation, company,

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association, firm, partnership, or other business entity or

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individual engaged in the business of a prepaid calling service

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provider or prepaid calling card distributor in this state.

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     (d) "Government fee" means all fees, taxes, and charges

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assessed under state or federal law, rule, or other mandate or

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requirement, including universal service fees and charges.

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     (e) "Payphone surcharge" means the surcharge that a

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provider may charge a customer when that customer places a call

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with a card from a payphone using a toll-free access number. The

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payphone surcharge is deducted from the card's balance.

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     (f) "Permitted fee" means the fees and surcharges that a

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provider may charge to, or deduct from, a card's balance for the

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use of that card, in addition to the rate per minute to the

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particular destination called, which includes and is limited to,

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any payphone surcharge, recharge convenience fee, directory

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assistance fee, and government fee.

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     (g) "Prepaid calling card" or "card" means any right of use

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purchased for a sum certain which provides an access number and

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authorization code that enables a consumer to use a prepaid

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calling service. Such rights of use may be embodied on a card or

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other physical object or may be purchased by an electronic or

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telephonic means through which the purchaser obtains access

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numbers and authorization codes that are not physically located

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on a card or other object. A prepaid calling card does not

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include cards or other rights of use that provide access to:

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     1. Telecommunications service if the card or other rights

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of use and telecommunications service are provided:

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     a. For free or at no additional charge as a promotional

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item accompanying a product or service purchased by a customer;

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or

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     b. Pursuant to an awards, loyalty, rebate, or promotional

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program without any separate monetary consideration being given

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by the customer solely in exchange therefor; or

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     2. A wireless telecommunications service account if the

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purchaser has a preexisting relationship with the wireless

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service provider or establishes a carrier-customer relationship

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via the purchase of the object.

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     (h) "Prepaid calling card distributor" or "distributor"

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means:

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     1. A company that purchases or receives prepaid calling

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cards from a prepaid calling service provider or distributor and

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sells or distributes those cards to one or more distributors of

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prepaid calling cards or to one or more prepaid calling card

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retailers; or

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     2. A company that otherwise actively engages in the

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promotion, advertising, or dissemination of prepaid calling cards

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and that is not a provider. A prepaid calling card distributor

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does not include any prepaid calling card retailer engaged

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exclusively in point-of-sale transactions with customers.

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     (i) "Prepaid calling card retailer" means a company that

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sells or offers to sell prepaid calling cards directly to a

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customer.

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     (j) "Prepaid calling service" or "service" means a prepaid

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telecommunications service that allows a customer to originate

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calls through a local, long-distance or toll-free access number

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and authorization code, whether manually or electronically

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dialed. A prepaid calling service does not include any service

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that provides access to a wireless telecommunications service

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account in which the purchaser has a preexisting relationship

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with the wireless service provider or establishes a carrier-

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customer relationship via the purchase of the object.

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     (k) "Prepaid calling service provider" or "provider" means

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any company providing prepaid calling service to the public using

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its own network, a resold telecommunications network, or voice-

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over-Internet technology.

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     (l) "Toll-free number" means an "800" telephone number, or

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other telephone number widely understood to be toll-free, which,

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when called as the destination number or as an access number,

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does not result in the calling party being assessed, by virtue of

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completing the call, any fee, charge, or higher rate for the call

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unless the fee, charge, or higher rate is disclosed pursuant to

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paragraph (2)(a).

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     (2)(a) Each prepaid calling service provider and prepaid

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calling card distributor must disclose the following information

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on the cards or their packaging and in any advertising for the

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service or cards, including any Internet website used to promote

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or distribute the service or prepaid calling cards:

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     1. The name of the prepaid calling service provider;

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     2. The provider's 24-hour customer service telephone

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number;

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     3. The amount and frequency of any permitted fee that may

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apply to the use of the prepaid calling card or service for calls

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originating within the United States;

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     4. Notice that additional or different per-minute rates,

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charges, or fees may apply to use of the card or the service for

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calls to or from international telephone numbers, international

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cellular numbers, and international wireless telephone numbers;

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     5. Notice that per-minute rates may be higher for calls

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made via toll-free numbers;

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     6. The value of the prepaid calling card or service, in

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dollars or minutes;

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     7. Any applicable policies relating to refund, recharge,

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and expiration; and

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     8. Such additional information as the commission may

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require by rule, including, but not limited to, information

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concerning the notice and disclosure of any rates, charges, or

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fees for the use of the card or the service for calls.

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     (b) Prepaid calling service providers and prepaid calling

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card distributors must make available through the customer

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service number, a website, or other electronic medium, or

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packaging, if any, or in a clear and conspicuous poster or other

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writing in plain language at the point of sale, such information

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as the commission may adopt by rule.

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     (c) All minutes or rates, or both, promoted or advertised

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on the body of any prepaid calling card or on any point-of-sale

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material relating to that card or otherwise relating to any

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prepaid calling service, must be available and achievable by the

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customer, and there must not be any limitations on the period of

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time for which the promoted or advertised minutes or rates, or

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both, will be available to the customer unless those limitations

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are clearly and conspicuously disclosed in the same location on

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the card, advertising, or point-of-sale material where the

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minutes or rates, or both, are promoted or advertised. All

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minutes promoted, advertised, or disclosed on any voice prompt

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given to a customer at the time the customer places a call with

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the card, whether or not required by rules to be given to the

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customer, must be immediately available and achievable by the

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customer on that call. The customer may not be charged for any

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busy signal or unanswered call.

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     (d) A provider may not charge, apply, or deduct from a

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card's balance any fees, taxes, surcharges, or other amounts for

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use of the card, except for the rate per minute for the

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particular destination called; any permitted fees; and any rate

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per minute, fee, or charge authorized pursuant to subparagraphs

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(a)4. and (a)5.

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     (e) If a language other than English is predominantly used

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on a prepaid calling card, on its packaging, or in point-of-sale

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advertising or promotion for the prepaid calling card or prepaid

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calling service, the disclosures required by this subsection must

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be disclosed in that language on that card, packaging,

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advertisement, or promotion.

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     (f) In the case of a prepaid calling service provider, the

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company's 24-hour customer service telephone number must enable

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the customer to obtain, at no charge, all applicable information

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regarding the rates, any permitted fees, charges, and minutes

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available and remaining on the prepaid calling card for use in a

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single, uninterrupted call to a single, requested destination

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through the card and prepaid calling service. Customer service

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may be provided by a combination of a live operator, interactive

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voice response, and electronic voice recording of customer

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inquiries and complaints, but live operator service must be

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available 24 hours a day, 7 days a week. If an electronic voice

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recorder is used, the provider shall attempt to contact the

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customer no later than the next day following the date of the

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recording.

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     (g) Each provider and distributor must conspicuously

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display the applicable access numbers for the use of the card on

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the body of the card itself or on its packaging.

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     (h) A company may not impose any fee or surcharge that is

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not disclosed as required by this section or that exceeds the

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amount disclosed by the company.

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     (3) A prepaid calling card retailer may not sell or offer

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for sale any prepaid calling card that the retailer knows

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provides fewer minutes than the number of minutes promoted or

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advertised for that card, including the number of minutes listed

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on the card, any advertising or point-of-sale material related to

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the card, or any voice prompt indicating the number of minutes

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available for a call with the card.

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     (4) A violation of this section is a deceptive and unfair

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trade practice and constitutes a violation of the Florida

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Deceptive and Unfair Trade Practices Act under part II of chapter

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501 and is subject to the penalties and remedies provided for

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such violation.

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     (5) By January 1, 2010, the commission shall issue a report

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to the Governor and the Legislature concerning the effect of the

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requirements of this section and any recommendations for

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additional legislation regulating the industry.

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     (6) The commission shall adopt any rule necessary to

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administer this section.

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     (7) This section does not apply to prepaid calling cards

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and point-of-sale materials related to those prepaid calling

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cards printed before July 1, 2008. The section applies to any

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prepaid calling card printed on or after July 1, 2008, and to any

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advertisement, promotion, point-of-sale material, or voice prompt

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that is created, aired, printed, distributed, or otherwise

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disseminated on or after that date.

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     Section 2.  This section shall take effect July 1, 2008.