| 1 | A bill to be entitled |
| 2 | An act relating to Lifeline telecommunications service; |
| 3 | amending s. 364.10, F.S.; authorizing any commercial |
| 4 | mobile radio service provider designated as an eligible |
| 5 | telecommunications carrier to offer Lifeline services; |
| 6 | authorizing the Department of Children and Family |
| 7 | Services, the Department of Education, the Public Service |
| 8 | Commission, and the Office of Public Counsel to exchange |
| 9 | certain information with eligible telecommunications |
| 10 | carriers and certain commercial mobile radio service |
| 11 | providers so the carriers and providers can identify and |
| 12 | enroll an eligible person in the Lifeline and Link-Up |
| 13 | programs; maintaining confidentiality of the information; |
| 14 | requiring that the commission, the Department of Children |
| 15 | and Family Services, the Office of Public Counsel, and |
| 16 | each eligible telecommunications carrier convene a |
| 17 | Lifeline Workgroup by a specified date; providing an |
| 18 | effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Paragraphs (a) and (h) of subsection (3) of |
| 23 | section 364.10, Florida Statutes, are amended to read: |
| 24 | 364.10 Undue advantage to person or locality prohibited; |
| 25 | Lifeline service.- |
| 26 | (3)(a) Each local exchange telecommunications company that |
| 27 | has more than 1 million access lines and that is designated as |
| 28 | an eligible telecommunications carrier shall, and any commercial |
| 29 | mobile radio service provider designated as an eligible |
| 30 | telecommunications carrier pursuant to 47 U.S.C. s. 214(e) may, |
| 31 | upon filing a notice of election to do so with the commission, |
| 32 | provide Lifeline service to any otherwise eligible customer or |
| 33 | potential customer who meets an income eligibility test at 150 |
| 34 | percent or less of the federal poverty income guidelines for |
| 35 | Lifeline customers. Such a test for eligibility must augment, |
| 36 | rather than replace, the eligibility standards established by |
| 37 | federal law and based on participation in certain low-income |
| 38 | assistance programs. Each intrastate interexchange |
| 39 | telecommunications company shall file or publish a schedule |
| 40 | providing at a minimum the intrastate interexchange |
| 41 | telecommunications carrier's current Lifeline benefits and |
| 42 | exemptions to Lifeline customers who meet the income eligibility |
| 43 | test set forth in this subsection. The Office of Public Counsel |
| 44 | shall certify and maintain claims submitted by a customer for |
| 45 | eligibility under the income test authorized by this subsection. |
| 46 | (h)1. By December 31, 2010 2007, each state agency that |
| 47 | provides benefits to persons eligible for Lifeline service shall |
| 48 | undertake, in cooperation with the Department of Children and |
| 49 | Family Services, the Department of Education, the commission, |
| 50 | the Office of Public Counsel, and telecommunications companies |
| 51 | designated eligible telecommunications carriers providing |
| 52 | Lifeline services, the development of procedures to promote |
| 53 | Lifeline participation. The departments, the commission, and the |
| 54 | Office of Public Counsel may exchange sufficient information |
| 55 | with the appropriate eligible telecommunications carriers and |
| 56 | any commercial mobile radio service provider electing to provide |
| 57 | Lifeline service under paragraph (a), such as a person's name, |
| 58 | date of birth, service address, and telephone number, so that |
| 59 | the carriers can identify and enroll an eligible person in the |
| 60 | Lifeline and Link-Up programs. The information remains |
| 61 | confidential pursuant to s. 364.107 and may only be used for |
| 62 | purposes of determining eligibility and enrollment in the |
| 63 | Lifeline and Link-Up programs. |
| 64 | 2. If any state agency determines that a person is |
| 65 | eligible for Lifeline services, the agency shall immediately |
| 66 | forward the information to the commission to ensure that the |
| 67 | person is automatically enrolled in the program with the |
| 68 | appropriate eligible telecommunications carrier. The state |
| 69 | agency shall include an option for an eligible customer to |
| 70 | choose not to subscribe to the Lifeline service. The Public |
| 71 | Service Commission and the Department of Children and Family |
| 72 | Services shall, no later than December 31, 2007, adopt rules |
| 73 | creating procedures to automatically enroll eligible customers |
| 74 | in Lifeline service. |
| 75 | 3. By December 31, 2010, the commission, the Department of |
| 76 | Children and Family Services, and the Office of Public Counsel, |
| 77 | and each eligible telecommunications carrier offering Lifeline |
| 78 | and Link-Up services shall convene a Lifeline Workgroup to |
| 79 | discuss how the eligible subscriber information in subparagraph |
| 80 | 1. will be shared, the obligations of each party with respect to |
| 81 | the use of that information, and the procedures to be |
| 82 | implemented to verify eligibility in these programs shall enter |
| 83 | into a memorandum of understanding establishing the respective |
| 84 | duties of the commission, the department, and the public counsel |
| 85 | with respect to the automatic enrollment procedures no later |
| 86 | than December 31, 2007. |
| 87 | Section 2. This act shall take effect July 1, 2010. |