Florida Senate - 2025                              CS for SB 344
       
       
        
       By the Committee on Regulated Industries; and Senator Rodriguez
       
       
       
       
       
       580-02001-25                                           2025344c1
    1                        A bill to be entitled                      
    2         An act relating to the Telecommunications Access
    3         System Act of 1991; amending s. 427.702, F.S.;
    4         revising the legislative findings, purpose, and intent
    5         of the Telecommunications Access System Act of 1991;
    6         amending s. 427.703, F.S.; defining and redefining
    7         terms; amending s. 427.704, F.S.; revising the powers
    8         and duties of the Florida Public Service Commission in
    9         overseeing the administration of the
   10         telecommunications access system; amending s. 427.705,
   11         F.S.; revising the duties of the system’s
   12         administrator; revising the procedures required for
   13         the distribution of specialized telecommunications
   14         devices; requiring the administrator to assume
   15         responsibility for the distribution of specialized
   16         communications technologies; amending s. 427.706,
   17         F.S.; revising the composition of the advisory
   18         committee appointed to assist the commission with
   19         implementing the act; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Present paragraphs (e) through (i) of subsection
   24  (3) of section 427.702, Florida Statutes, are redesignated as
   25  paragraphs (f) through (j), respectively, a new paragraph (e) is
   26  added to that subsection, and subsections (1) and (2) and
   27  paragraphs (a) and (d) and present paragraphs (g) and (h) of
   28  subsection (3) of that section are amended, to read:
   29         427.702 Findings, purpose, and legislative intent.—
   30         (1) The Legislature finds and declares that:
   31         (a) Telecommunications services provide a rapid and
   32  essential communications link among the general public and with
   33  essential offices and organizations such as police, fire, and
   34  medical facilities.
   35         (b) All persons should have basic telecommunications
   36  services available to them at reasonable and affordable costs.
   37         (c) A significant portion of Florida’s hearing impaired and
   38  speech impaired populations has profound disabilities, including
   39  dual sensory impairments, which render normal telephone
   40  equipment useless without additional specialized
   41  telecommunications devices, many of which cost several hundred
   42  dollars.
   43         (d) The telecommunications system is intended to provide
   44  access to a basic communications network between all persons,
   45  and that many persons who have a hearing impairment or speech
   46  impairment currently have no access to the basic
   47  telecommunications system.
   48         (e) Persons who do not have a hearing impairment or speech
   49  impairment are generally excluded from access to the basic
   50  telecommunications system to communicate with persons who have a
   51  hearing impairment or speech impairment without the use of
   52  specialized telecommunications devices.
   53         (f) There exists a need for a telecommunications relay
   54  system whereby the cost for access to basic telecommunications
   55  services for persons who have a hearing impairment or speech
   56  impairment is no greater than the amount paid by other
   57  telecommunications customers.
   58         (g) The Federal Government, in order to carry out the
   59  purposes established by Title II of the Communications Act of
   60  1934, as amended, by the enactment of the Americans with
   61  Disabilities Act, endeavored to ensure that interstate and
   62  intrastate telecommunications relay services are available, to
   63  the extent possible and in the most efficient manner, to persons
   64  with hearing loss or speech impairment hearing impaired and
   65  speech impaired persons in the United States.
   66         (b)(h) Title IV of the Americans with Disabilities Act
   67  mandates that the telecommunications companies providing
   68  telephone services within the state shall provide
   69  telecommunications relay services on or before July 25, 1993, to
   70  persons with hearing loss or speech impairment who are hearing
   71  impaired or speech impaired within their certificated
   72  territories in a manner that meets or exceeds the requirements
   73  of regulations to be prescribed by the Federal Communications
   74  Commission.
   75         (2) It is The declared purpose of this part is to establish
   76  a system whereby the residents citizens of this state with
   77  hearing loss or speech impairment or who are deafblind Florida
   78  who are hearing impaired, speech impaired, or dual sensory
   79  impaired have access to basic telecommunications services at a
   80  cost no greater than that paid by other telecommunications
   81  services customers, and whereby the cost of both the specialized
   82  telecommunications equipment necessary to ensure that such
   83  residents citizens who are hearing impaired, speech impaired, or
   84  dual sensory impaired have such access to basic
   85  telecommunications services and the provision of
   86  telecommunications relay service is borne by all the
   87  telecommunications customers in this of the state.
   88         (3) It is the intent of the Legislature:
   89         (a) That a telecommunications access system be established
   90  to provide equitable basic access to the telecommunications
   91  network for persons with hearing loss or who are hearing
   92  impaired, speech impairment impaired, or who are deafblind dual
   93  sensory impaired.
   94         (d) That the telecommunications access system includes the
   95  distribution of specialized telecommunications devices necessary
   96  for persons with hearing loss or hearing impaired, speech
   97  impairment impaired, or who are deafblind dual sensory impaired
   98  persons to access basic telecommunications services.
   99         (e)That the telecommunications access system provides
  100  access to specialized communications technology capable of using
  101  existing or future devices or equipment necessary for persons
  102  with hearing loss or speech impairment or who are deafblind to
  103  access telecommunications services.
  104         (h)(g) That the telecommunications access system uses
  105  state-of-the-art technology for specialized telecommunications
  106  devices, specialized communications technology, and the
  107  telecommunications relay service and encourages the
  108  incorporation of new developments in technology, to the extent
  109  that it has demonstrated benefits consistent with the intent of
  110  this act and is in the best interest of the residents citizens
  111  of this state.
  112         (i)(h) That the value of the involvement of persons with
  113  hearing loss who have hearing or speech impairment, or who are
  114  deafblind impairments, and organizations representing or serving
  115  those persons, be recognized and such persons and organizations
  116  be involved throughout the development, establishment, and
  117  implementation of the telecommunications access system through
  118  participation on the advisory committee as provided in s.
  119  427.706.
  120         Section 2. Present subsections (2), (3) through (6), (7),
  121  (8), and (9), (10), (11), (12), and (13) through (17) of section
  122  427.703, Florida Statutes, are redesignated as subsections (3),
  123  (5) through (8), (10), (11), and (12), (15), (14), (16), and
  124  (18) through (22), respectively, new subsections (2), (4), (9),
  125  (13), and (17) are added to that section, and subsection (1) and
  126  present subsections (4), (6), (10), (11), (12), (14), and (16)
  127  of that section are amended, to read:
  128         427.703 Definitions.—As used in this part:
  129         (1) “Administrator” means a corporation not for profit
  130  incorporated pursuant to the provisions of chapter 617 and
  131  designated by the Florida Public Service Commission to
  132  administer the telecommunications access system relay service
  133  system and the distribution of specialized telecommunications
  134  devices pursuant to the provisions of this act and rules and
  135  regulations established by the commission.
  136         (2)“Commercial mobile radio service” or “CMRS” means a
  137  mobile radio communications service, provided for profit, which
  138  is interconnected to the public switched network and is
  139  available to the public or to such classes of eligible users as
  140  to be effectively available to a substantial portion of the
  141  public. The term does not include services that do not provide
  142  access to 911 service, communication channels suitable only for
  143  data transmission, wireless roaming services or other nonlocal
  144  radio access line services, or private telecommunications
  145  systems.
  146         (4)“Communications service” means a service provided to
  147  subscribers through wireline telecommunications equipment,
  148  interconnected VoIP, or CMRS.
  149         (6)(4)“Deafblind” “Dual sensory impaired” means having
  150  both a permanent hearing impairment and a permanent visual
  151  impairment and includes dual sensory impairment deaf/blindness.
  152         (8)(6) “Hearing loss impaired” or “having a hearing
  153  impairment” means deaf, late-deafened, or hard of hearing and,
  154  for purposes of this part, includes being dual sensory impaired.
  155         (9)“Interconnected voice over Internet protocol” or
  156  “interconnected VoIP” means a service that does all of the
  157  following:
  158         (a)Enables subscribers to have real-time, two-way voice
  159  communications.
  160         (b)Requires a broadband connection.
  161         (c)Requires customer equipment compatible with Internet
  162  protocol.
  163         (d)Allows subscribers to receive calls from and place
  164  calls to the public switched telephone network. The term does
  165  not include services that do not provide access to 911 service
  166  or private telecommunications systems.
  167         (13) “Specialized communications technology” means mobile
  168  devices, tablet computers, software, or applications that can be
  169  used to provide communications services to a hearing impaired,
  170  speech impaired, or deafblind person.
  171         (15)(10)“Speech impaired” or “having a speech impairment”
  172  means having a permanent loss of verbal communication ability
  173  which prohibits normal usage of a standard telephone handset.
  174         (14)(11) “Specialized telecommunications device” means a
  175  TDD, a volume control handset, a ring signaling device, or any
  176  other customer premises telecommunications equipment that can be
  177  specifically designed or used to provide basic access to
  178  communications telecommunications services for a person with
  179  hearing loss or speech impairment or who is deafblind hearing
  180  impaired, speech impaired, or dual sensory impaired person.
  181         (16)(12) “Surcharge” means an additional charge which is to
  182  be paid by local exchange telecommunications company subscribers
  183  pursuant to the cost recovery mechanism established under s.
  184  427.704(4) in order to implement the system described herein.
  185         (17)“Telecommunications access system” means the system
  186  administered, as defined in this section, and includes the
  187  administration of the telecommunications relay service system
  188  and the distribution of specialized telecommunications devices
  189  and specialized communications technologies pursuant to this act
  190  and rules and regulations established by the commission.
  191         (19)(14) “Telecommunications device for the deaf,or
  192  “TDD,or “text device” means a mechanism that which is
  193  connected to a communications network standard telephone line,
  194  operated by means of a keyboard, and used to transmit or receive
  195  signals through telephone lines or other communications service
  196  facilities.
  197         (21)(16) “Telecommunications relay service” means any
  198  telecommunications transmission service that allows a person
  199  with hearing loss who is hearing impaired or speech impairment
  200  speech impaired to communicate by wire or radio in a manner that
  201  is functionally equivalent to the ability of a person who does
  202  not have hearing loss or speech impairment is not hearing
  203  impaired or speech impaired. Such term includes any service that
  204  enables two-way communication between a person who uses a
  205  telecommunications device or other nonvoice terminal device and
  206  a person who does not use such a device.
  207         Section 3. Subsection (1), paragraph (a) of subsection (3),
  208  paragraph (a) of subsection (4), and subsections (5) through (9)
  209  of section 427.704, Florida Statutes, are amended to read:
  210         427.704 Powers and duties of the commission.—
  211         (1) The commission shall establish, implement, promote, and
  212  oversee the administration of a statewide telecommunications
  213  access system to provide access to telecommunications relay
  214  services by persons with hearing loss or speech impairment or
  215  who are deafblind who are hearing impaired or speech impaired,
  216  or others who communicate with them. The telecommunications
  217  access system must shall provide for the purchase and
  218  distribution of specialized telecommunications devices,
  219  equipment, specialized communications technology, and the
  220  establishment of a statewide single provider telecommunications
  221  relay service system that which operates continuously. To
  222  provide telecommunications relay services and distribute
  223  specialized telecommunication devices, equipment, and
  224  specialized communications technology to persons with hearing
  225  loss or speech impairment or who are deafblind who are hearing
  226  impaired or speech impaired, at a reasonable cost the commission
  227  shall:
  228         (a) Investigate, conduct public hearings, and solicit the
  229  advice and counsel of the advisory committee established
  230  pursuant to s. 427.706 to determine the most cost-effective
  231  method for providing telecommunications relay service and
  232  distributing specialized telecommunications devices, equipment,
  233  and specialized communications technology.
  234         (b) Ensure that users of the telecommunications relay
  235  service system pay rates no greater than the rates paid for
  236  functionally equivalent voice communication services with
  237  respect to such factors as duration of the call, time of day,
  238  and distance from the point of origination to the point of
  239  termination.
  240         (c) Ensure that the telecommunications access system
  241  protects the privacy of persons to whom services are provided
  242  and that all operators maintain the confidentiality of all relay
  243  service messages.
  244         (d) Ensure that the telecommunications relay service system
  245  complies with regulations adopted by the Federal Communications
  246  Commission to implement Title IV of the Americans with
  247  Disabilities Act.
  248         (e)Set eligibility requirements for the distribution of
  249  specialized communications technology based on income
  250  qualifications or participation in other state or federal
  251  programs based on income, which requirements must be set at no
  252  less than double but no more than triple the federal poverty
  253  level. Eligibility requirements may not prohibit the
  254  administrator from providing access to specialized
  255  communications technologies if such access has a de minimis
  256  value. This paragraph does not apply to specialized
  257  telecommunications devices using standard telephone lines.
  258         (3)(a) The commission shall select a the provider of the
  259  telecommunications relay service pursuant to procedures
  260  established by the commission. In selecting a the service
  261  provider, the commission shall take into consideration the cost
  262  of providing the relay service and the interests of the hearing
  263  loss, speech impairment, and deafblind impaired and speech
  264  impaired community in having access to a high-quality and
  265  technologically advanced telecommunications system. The
  266  commission shall award the contract to the bidder whose proposal
  267  is the most advantageous to the state, taking into consideration
  268  the following:
  269         1. The appropriateness and accessibility of the proposed
  270  telecommunications relay service for the residents citizens of
  271  this the state, including persons with hearing loss or speech
  272  impairment or who are deafblind who are hearing impaired or
  273  speech impaired.
  274         2. The overall quality of the proposed telecommunications
  275  relay service.
  276         3. The charges for the proposed telecommunications relay
  277  service system.
  278         4. The ability and qualifications of the bidder to provide
  279  the proposed telecommunications relay service as outlined in the
  280  request for proposals.
  281         5. Any proposed service enhancements and technological
  282  enhancements which improve service without significantly
  283  increasing cost.
  284         6. Any proposed inclusion of provision of assistance to
  285  deaf persons with special needs to access the basic
  286  telecommunications system.
  287         7. The ability to meet the proposed commencement date for
  288  the telecommunications relay service.
  289         8. All other factors listed in the request for proposals.
  290         (4)(a) The commission shall establish a mechanism to
  291  recover the costs of implementing and maintaining the services
  292  required pursuant to this part which must shall be applied to
  293  each basic telecommunications access line. In establishing the
  294  recovery mechanism, the commission shall:
  295         1. Require all local exchange telecommunications companies
  296  to impose a monthly surcharge on all local exchange
  297  telecommunications company subscribers on an individual access
  298  line basis, except that such surcharge may shall not be imposed
  299  upon more than 25 basic telecommunications access lines per
  300  account bill rendered.
  301         2. Require all local exchange telecommunications companies
  302  to include the surcharge as a part of the local service charge
  303  that appears on the customer’s bill, except that the local
  304  exchange telecommunications company shall specify the surcharge
  305  on the initial bill to the subscriber and itemize it at least
  306  once annually.
  307         3. Allow the local exchange telecommunications company to
  308  deduct and retain 1 percent of the total surcharge amount
  309  collected each month to recover the billing, collecting,
  310  remitting, and administrative costs attributed to the surcharge.
  311         (5) The commission shall require each local exchange
  312  telecommunications company to begin assessing and collecting the
  313  surcharge in the amount of 5 cents per access line per month on
  314  bills rendered on or after July 1, 1991, for remission to the
  315  administrator for deposit in the operational fund. Each local
  316  exchange telecommunications company shall remit moneys collected
  317  to the administrator. On August 15, 1991, each local exchange
  318  telecommunications company shall begin remitting the moneys
  319  collected to the administrator on a monthly basis and in a
  320  manner as prescribed by the commission. The administrator shall
  321  use such moneys to administer the telecommunications access to
  322  cover costs incurred during the development of the
  323  telecommunications relay services and to establish and
  324  administer the specialized telecommunications devices system.
  325         (6) The commission shall establish a schedule for
  326  completion of specific stages of the telecommunications relay
  327  service development and implementation except that the statewide
  328  telecommunications relay service shall commence on or before
  329  June 1, 1992.
  330         (7) The commission shall require the administrator to
  331  submit financial statements for the distribution of specialized
  332  telecommunications devices and for specialized communications
  333  technology and for the telecommunications relay service to the
  334  commission quarterly, in the manner prescribed by the
  335  commission.
  336         (7)(8) The commission shall adopt rules and may take any
  337  other action necessary to implement the provisions of this act.
  338         (8)(9) The commission shall prepare an annual report on the
  339  operation of the telecommunications access system and, which
  340  shall make such report be available on the commission’s Internet
  341  website. Reports must be prepared in consultation with the
  342  administrator and the advisory committee appointed pursuant to
  343  s. 427.706. The reports must, at a minimum, briefly outline the
  344  status of developments in the telecommunications access system,
  345  the number of persons served, the call volume, revenues and
  346  expenditures, the allocation of the revenues and expenditures
  347  between provision of specialized telecommunications devices and
  348  specialized communications technologies to individuals and
  349  operation of statewide relay service, other major policy or
  350  operational issues, and proposals for improvements or changes to
  351  the telecommunications access system.
  352         Section 4. Paragraphs (a) and (c) of subsection (1),
  353  subsection (4), paragraphs (a) and (b) of subsection (5), and
  354  subsection (7) of section 427.705, Florida Statutes, are amended
  355  to read:
  356         427.705 Administration of the telecommunications access
  357  system.—
  358         (1) Consistent with the provisions of this act and rules
  359  and regulations established by the commission, the administrator
  360  shall:
  361         (a) Purchase, license, store, distribute, and maintain
  362  specialized telecommunications devices, equipment, and
  363  specialized communications technology, either directly or
  364  through contract with third parties, or a combination thereof.
  365         (c) Administer training services for recipients of
  366  specialized telecommunications devices, equipment, and
  367  specialized communications technology and for telecommunications
  368  relay service users as directed by the commission through
  369  contract with third parties.
  370         (4) In contracting for the provision of distribution of
  371  specialized telecommunications devices, outreach services, and
  372  training of recipients, the administrator shall consider
  373  contracting with organizations that provide services to persons
  374  with hearing loss or speech impairment or who are deafblind who
  375  are hearing impaired or speech impaired.
  376         (5) The administrator shall provide for the distribution of
  377  specialized telecommunications devices to persons qualified to
  378  receive such equipment in accordance with the provisions of this
  379  act. The administrator shall establish procedures for the
  380  distribution of specialized telecommunications devices and shall
  381  solicit the advice and counsel and consider the recommendations
  382  of the advisory committee in establishing such procedures. The
  383  procedures shall:
  384         (a) Provide for certification of persons with hearing loss
  385  or speech impairment or who are deafblind as hearing impaired,
  386  speech impaired, or dual sensory impaired. Such certification
  387  process must shall include a statement attesting to such
  388  impairment by a licensed physician, audiologist, speech-language
  389  pathologist, hearing aid specialist, or deaf service center
  390  director, or regional distribution center director; by a state
  391  certified teacher of the hearing impaired; by a state-certified
  392  teacher of the visually impaired; or by an appropriate state or
  393  federal agency. The licensed physician, audiologist, speech
  394  language pathologist, hearing aid specialist, state-certified
  395  teacher of the hearing impaired, or state-certified teacher of
  396  the visually impaired providing statements which attest to such
  397  impairments shall work within their individual scopes of
  398  practice according to their education and training. The deaf
  399  service center directors, regional distribution center
  400  directors, and appropriate state and federal agencies shall
  401  attest to such impairments as provided for in the procedures
  402  developed by the administrator.
  403         (b) Establish characteristics and performance standards for
  404  specialized telecommunications devices and specialized
  405  communications technologies determined to be necessary, and for
  406  the selection of equipment to be purchased for distribution to
  407  qualified recipients. The characteristics and standards must
  408  shall be modified as advances in equipment technology render
  409  such standards inapplicable.
  410         (7) The administrator shall assume responsibility for
  411  distribution of specialized telecommunications devices and
  412  specialized communications technologies.
  413         Section 5. Subsections (1) and (2) of section 427.706,
  414  Florida Statutes, are amended to read:
  415         427.706 Advisory committee.—
  416         (1) The commission shall appoint an advisory committee to
  417  assist the commission with implementing the implementation of
  418  the provisions of this part. The committee shall be composed of
  419  no more than 10 persons and shall include, to the extent
  420  practicable, persons recommended by organizations representing,
  421  the following groups:
  422         (a) The Two deaf persons recommended by the Florida
  423  Association of the Deaf.
  424         (b) Persons with hearing loss One hearing impaired person
  425  recommended by Self-Help for the Hard of Hearing.
  426         (c) The deafblind One deaf and blind person recommended by
  427  the Coalition for Persons with Dual Sensory Disabilities.
  428         (d) Persons with speech impairment One speech impaired
  429  person recommended by the Florida Language Speech and Hearing
  430  Association.
  431         (e) The elderly Two representatives of telecommunications
  432  companies.
  433         (f) One person with experience in providing
  434  Telecommunication relay service distribution centers services
  435  recommended by the Deaf Service Center Association.
  436         (g) Communications service providers One person recommended
  437  by the Advocacy Center for Persons with Disabilities, Inc.
  438         (h) One person recommended by the Florida League of
  439  Seniors.
  440         (2) The advisory committee shall provide the expertise,
  441  experience, and perspective of persons with hearing loss or
  442  speech impairment or who are deafblind who are hearing impaired
  443  or speech impaired to the commission and to the administrator
  444  during all phases of the development and operation of the
  445  telecommunications access system. The advisory committee shall
  446  advise the commission and the administrator on the quality and
  447  cost-effectiveness of the telecommunications relay service and
  448  the specialized telecommunications devices, equipment, and
  449  specialized communications technologies distribution system. The
  450  advisory committee may submit material for inclusion in the
  451  annual report prepared pursuant to s. 427.704.
  452         Section 6. This act shall take effect July 1, 2025.