Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for SB 344
Ì3170483Î317048
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/18/2025 .
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The Appropriations Committee on Agriculture, Environment, and
General Government (Rodriguez) recommended the following:
1 Senate Amendment
2
3 Delete lines 120 - 310
4 and insert:
5 Section 2. Present subsections (2), (3) and (4), (5) and
6 (6), (7) and (8), (9), (10), (11), (12), and (13) through (17)
7 of section 427.703, Florida Statutes, are redesignated as
8 subsections (3), (5) and (6), (9) and (10), (12) and (13), (16),
9 (19), (18), (20), and (22) through (26), respectively, new
10 subsections (2), (4), (7), (8), (11), (14), (15), (17), and (21)
11 are added to that section, and subsection (1) and present
12 subsections (4), (6), (10), (11), (12), (14), and (16) of that
13 section are amended, to read:
14 427.703 Definitions.—As used in this part:
15 (1) “Administrator” means a corporation not for profit
16 incorporated pursuant to the provisions of chapter 617 and
17 designated by the Florida Public Service Commission to
18 administer the telecommunications access system relay service
19 system and the distribution of specialized telecommunications
20 devices pursuant to the provisions of this act and rules and
21 regulations established by the commission.
22 (2) “Commercial mobile radio service” or “CMRS” means a
23 mobile radio communications service, provided for profit, which
24 is interconnected to the public switched network and is
25 available to the public or to such classes of eligible users as
26 to be effectively available to a substantial portion of the
27 public. The term does not include services that do not provide
28 access to 911 service, communication channels suitable only for
29 data transmission, wireless roaming services or other nonlocal
30 radio access line services, or private telecommunications
31 systems.
32 (4) “Communications service” means a service provided to
33 subscribers through wireline telecommunications equipment,
34 interconnected VoIP, or CMRS.
35 (6)(4) “Deafblind” “Dual sensory impaired” means having
36 both a permanent hearing impairment and a permanent visual
37 impairment and includes dual sensory impairment deaf/blindness.
38 (7) “Deaf service center” means a center that serves,
39 within a defined region, individuals with hearing loss or speech
40 impairment or who are deafblind by distributing equipment and
41 providing services on behalf of the administrator.
42 (8) “Deaf service center director” means an individual who
43 serves as the director for a deaf service center and is
44 responsible for ensuring that individuals with hearing loss or
45 speech impairment or who are deafblind are qualified to receive
46 equipment or services in accordance with ss. 427.701-427.708,
47 based on their impairment by attesting to such impairment as
48 provided for in the procedures developed by the administrator.
49 (10)(6) “Hearing loss impaired” or “having a hearing
50 impairment” means deaf, late-deafened, or hard of hearing and,
51 for purposes of this part, includes being dual sensory impaired.
52 (11) “Interconnected voice-over-Internet protocol” or
53 “interconnected VoIP” means a service that does all of the
54 following:
55 (a) Enables subscribers to have real-time, two-way voice
56 communications.
57 (b) Requires a broadband connection.
58 (c) Requires customer equipment compatible with Internet
59 protocol.
60 (d) Allows subscribers to receive calls from and place
61 calls to a public switched telephone network. The term does not
62 include services that do not provide access to 911 service or
63 private telecommunications systems.
64 (14) “Regional distribution center” means an entity,
65 including, but not limited to, a deaf service center or a
66 provider of audiology services, which has contracted with the
67 administrator to distribute equipment and provide services to
68 qualified individuals with hearing loss or speech impairment or
69 who are deafblind.
70 (15) “Regional distribution center director” means an
71 individual qualified by the administrator who serves as the
72 director for a regional distribution center and meets the
73 standards for ensuring that individuals with hearing loss or
74 speech impairment or who are deafblind are qualified to receive
75 equipment or services in accordance ss. 427.701-427.708 on their
76 impairment by attesting to such impairment as provided for in
77 the procedures developed by the administrator.
78 (17) “Specialized communications technology” means mobile
79 devices, tablet computers, software, or applications that can be
80 used to provide communications services to a hearing impaired,
81 speech impaired, or deafblind person.
82 (19)(10) “Speech impaired” or “having a speech impairment”
83 means having a permanent loss of verbal communication ability
84 that which prohibits normal usage of a standard telephone
85 handset.
86 (18)(11) “Specialized telecommunications device” means a
87 TDD, a volume control handset, a ring signaling device, or any
88 other customer premises telecommunications equipment that can be
89 specifically designed or used to provide basic access to
90 communications telecommunications services for a person with
91 hearing loss or speech impairment or who is deafblind hearing
92 impaired, speech impaired, or dual sensory impaired person.
93 (20)(12) “Surcharge” means an additional charge which is to
94 be paid by local exchange telecommunications company subscribers
95 pursuant to the cost recovery mechanism established under s.
96 427.704(4) in order to implement the system described herein.
97 (21) “Telecommunications access system” means the system
98 administered pursuant to this section, and includes the
99 administration of the telecommunications relay service system
100 and the distribution of specialized telecommunications devices
101 and specialized communications technologies pursuant to ss.
102 427.701-427.708 and rules and regulations established by the
103 commission.
104 (23)(14) “Telecommunications device for the deaf,” or
105 “TDD,” or “text device” means a mechanism that which is
106 connected to a communications network standard telephone line,
107 operated by means of a keyboard, and used to transmit or receive
108 signals through telephone lines or other communications service
109 facilities.
110 (25)(16) “Telecommunications relay service” means any
111 telecommunications transmission service that allows a person
112 with hearing loss who is hearing impaired or speech impairment
113 speech impaired to communicate by wire or radio in a manner that
114 is functionally equivalent to the ability of a person who does
115 not have hearing loss or speech impairment is not hearing
116 impaired or speech impaired. Such term includes any service that
117 enables two-way communication between a person who uses a
118 telecommunications device or other nonvoice terminal device and
119 a person who does not use such a device.
120 Section 3. Subsection (1), paragraph (a) of subsection (3),
121 paragraphs (a), (b), and (e) of subsection (4), and subsections
122 (5) through (9) of section 427.704, Florida Statutes, are
123 amended to read:
124 427.704 Powers and duties of the commission.—
125 (1) The commission shall establish, implement, promote, and
126 oversee the administration of a statewide telecommunications
127 access system to provide access to telecommunications relay
128 services by persons with hearing loss or speech impairment or
129 who are deafblind who are hearing impaired or speech impaired,
130 or others who communicate with them. The telecommunications
131 access system must shall provide for the purchase and
132 distribution of specialized telecommunications devices,
133 equipment, specialized communications technology, and the
134 establishment of a statewide single provider telecommunications
135 relay service system that which operates continuously. To
136 provide telecommunications relay services and distribute
137 specialized telecommunication devices, equipment, and
138 specialized communications technology to persons with hearing
139 loss or speech impairment or who are deafblind who are hearing
140 impaired or speech impaired, at a reasonable cost the commission
141 shall:
142 (a) Investigate, conduct public hearings, and solicit the
143 advice and counsel of the advisory committee established
144 pursuant to s. 427.706 to determine the most cost-effective
145 method for providing telecommunications relay service and
146 distributing specialized telecommunications devices, equipment,
147 and specialized communications technology.
148 (b) Ensure that users of the telecommunications relay
149 service system pay rates no greater than the rates paid for
150 functionally equivalent voice communication services with
151 respect to such factors as duration of the call, time of day,
152 and distance from the point of origination to the point of
153 termination.
154 (c) Ensure that the telecommunications access system
155 protects the privacy of persons to whom services are provided
156 and that all operators maintain the confidentiality of all relay
157 service messages.
158 (d) Ensure that the telecommunications relay service system
159 complies with regulations adopted by the Federal Communications
160 Commission to implement Title IV of the Americans with
161 Disabilities Act.
162 (e) Set eligibility requirements for the distribution of
163 specialized communications technology based on income
164 qualifications or participation in other state or federal
165 programs based on income, which requirements must be set at no
166 less than double but no more than triple the federal poverty
167 level. Eligibility requirements may not prohibit the
168 administrator from providing access to specialized
169 communications technologies if such access has a de minimis
170 value. This paragraph does not apply to specialized
171 telecommunications devices using standard telephone lines.
172 (3)(a) The commission shall select a the provider of the
173 telecommunications relay service pursuant to procedures
174 established by the commission. In selecting a the service
175 provider, the commission shall take into consideration the cost
176 of providing the relay service and the interests of the hearing
177 loss, speech impairment, and deafblind impaired and speech
178 impaired community in having access to a high-quality and
179 technologically advanced telecommunications system. The
180 commission shall award the contract to the bidder whose proposal
181 is the most advantageous to the state, taking into consideration
182 the following:
183 1. The appropriateness and accessibility of the proposed
184 telecommunications relay service for the residents citizens of
185 this the state, including persons with hearing loss or speech
186 impairment or who are deafblind who are hearing impaired or
187 speech impaired.
188 2. The overall quality of the proposed telecommunications
189 relay service.
190 3. The charges for the proposed telecommunications relay
191 service system.
192 4. The ability and qualifications of the bidder to provide
193 the proposed telecommunications relay service as outlined in the
194 request for proposals.
195 5. Any proposed service enhancements and technological
196 enhancements which improve service without significantly
197 increasing cost.
198 6. Any proposed inclusion of provision of assistance to
199 deaf persons with special needs to access the basic
200 telecommunications system.
201 7. The ability to meet the proposed commencement date for
202 the telecommunications relay service.
203 8. All other factors listed in the request for proposals.
204 (4)(a) The commission shall establish a mechanism to
205 recover the costs of implementing and maintaining the services
206 required pursuant to this part which must shall be applied to
207 each basic telecommunications access line. In establishing the
208 recovery mechanism, the commission shall:
209 1. Require all local exchange telecommunications companies
210 to impose a monthly surcharge on all local exchange
211 telecommunications company subscribers on an individual access
212 line basis, except that such surcharge may shall not be imposed
213 upon more than 25 basic telecommunications access lines per
214 account bill rendered.
215 2. Require all local exchange telecommunications companies
216 to include the surcharge as a part of the local service charge
217 that appears on the customer’s bill, except that the local
218 exchange telecommunications company shall specify the surcharge
219 on the initial bill to the subscriber and itemize it at least
220 once annually.
221 3. Allow the local exchange telecommunications company to
222 deduct and retain 1 percent of the total surcharge amount
223 collected each month to recover the billing, collecting,
224 remitting, and administrative costs attributed to the surcharge.
225 (b) The commission shall determine the amount of the
226 surcharge based upon the amount of funding necessary to
227 accomplish the purposes of this act and provide the services on
228 an ongoing basis; however, in no case shall the amount exceed 15
229 25 cents per line per month.
230 (e) From the date of implementing the surcharge, the
231 commission shall review the amount of the surcharge at least
232 annually and shall order changes in the amount of the surcharge
233 as necessary to assure available funds for the provision of the
234 telecommunications access system established herein. Where the
235 review of the surcharge determines that excess funds are
236 available, the commission may order the suspension of the
237 surcharge for a period that which the commission deems
238 appropriate. The commission may not increase the surcharge when
239 excess funds are available.