Florida Senate - 2025                       CS for CS for SB 344
       
       
        
       By the Appropriations Committee on Agriculture, Environment, and
       General Government; the Committee on Regulated Industries; and
       Senators Rodriguez and Berman
       
       
       
       601-02554-25                                           2025344c2
    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) and (4), (5) and
  121  (6), (7) and (8), (9), (10), (11), (12), and (13) through (17)
  122  of section 427.703, Florida Statutes, are redesignated as
  123  subsections (3), (5) and (6), (9) and (10), (12) and (13), (16),
  124  (19), (18), (20), and (22) through (26), respectively, new
  125  subsections (2), (4), (7), (8), (11), (14), (15), (17), and (21)
  126  are added to that section, and subsection (1) and present
  127  subsections (4), (6), (10), (11), (12), (14), and (16) of that
  128  section are amended, to read:
  129         427.703 Definitions.—As used in this part:
  130         (1) “Administrator” means a corporation not for profit
  131  incorporated pursuant to the provisions of chapter 617 and
  132  designated by the Florida Public Service Commission to
  133  administer the telecommunications access system relay service
  134  system and the distribution of specialized telecommunications
  135  devices pursuant to the provisions of this act and rules and
  136  regulations established by the commission.
  137         (2)“Commercial mobile radio service” or “CMRS” means a
  138  mobile radio communications service, provided for profit, which
  139  is interconnected to the public switched network and is
  140  available to the public or to such classes of eligible users as
  141  to be effectively available to a substantial portion of the
  142  public. The term does not include services that do not provide
  143  access to 911 service, communication channels suitable only for
  144  data transmission, wireless roaming services or other nonlocal
  145  radio access line services, or private telecommunications
  146  systems.
  147         (4)“Communications service” means a service provided to
  148  subscribers through wireline telecommunications equipment,
  149  interconnected VoIP, or CMRS.
  150         (6)(4)“Deafblind” “Dual sensory impaired” means having
  151  both a permanent hearing impairment and a permanent visual
  152  impairment and includes dual sensory impairment deaf/blindness.
  153         (7)“Deaf service center” means a center that serves,
  154  within a defined region, individuals with hearing loss or speech
  155  impairment or who are deafblind, by distributing equipment and
  156  providing services on behalf of the administrator.
  157         (8)“Deaf service center director” means an individual who
  158  serves as the director for a deaf service center and is
  159  responsible for ensuring that individuals with hearing loss or
  160  speech impairment or who are deafblind are qualified to receive
  161  equipment or services in accordance with ss. 427.701-427.708,
  162  based on their impairment by attesting to such impairment as
  163  provided for in the procedures developed by the administrator.
  164         (10)(6) “Hearing loss impaired” or “having a hearing
  165  impairment” means deaf, late-deafened, or hard of hearing and,
  166  for purposes of this part, includes being dual sensory impaired.
  167         (11)“Interconnected voice-over-Internet protocol” or
  168  “interconnected VoIP” means a service that does all of the
  169  following:
  170         (a)Enables subscribers to have real-time, two-way voice
  171  communications.
  172         (b)Requires a broadband connection.
  173         (c)Requires customer equipment compatible with Internet
  174  protocol.
  175         (d)Allows subscribers to receive calls from and place
  176  calls to a public switched telephone network. The term does not
  177  include services that do not provide access to 911 service or
  178  private telecommunications systems.
  179         (14)“Regional distribution center” means an entity,
  180  including, but not limited to, a deaf service center or a
  181  provider of audiology services, which has contracted with the
  182  administrator to distribute equipment and provide services to
  183  qualified individuals with hearing loss or speech impairment or
  184  who are deafblind.
  185         (15)“Regional distribution center director” means an
  186  individual qualified by the administrator who serves as the
  187  director for a regional distribution center and meets the
  188  standards for ensuring that individuals with hearing loss or
  189  speech impairment or who are deafblind are qualified to receive
  190  equipment or services in accordance ss. 427.701-427.708 on their
  191  impairment by attesting to such impairment as provided for in
  192  the procedures developed by the administrator.
  193         (17) “Specialized communications technology” means mobile
  194  devices, tablet computers, software, or applications that can be
  195  used to provide communications services to a hearing impaired,
  196  speech impaired, or deafblind person.
  197         (19)(10) “Speech impaired” or “having a speech impairment”
  198  means having a permanent loss of verbal communication ability
  199  that which prohibits normal usage of a standard telephone
  200  handset.
  201         (18)(11) “Specialized telecommunications device” means a
  202  TDD, a volume control handset, a ring signaling device, or any
  203  other customer premises telecommunications equipment that can be
  204  specifically designed or used to provide basic access to
  205  communications telecommunications services for a person with
  206  hearing loss or speech impairment or who is deafblind hearing
  207  impaired, speech impaired, or dual sensory impaired person.
  208         (20)(12) “Surcharge” means an additional charge which is to
  209  be paid by local exchange telecommunications company subscribers
  210  pursuant to the cost recovery mechanism established under s.
  211  427.704(4) in order to implement the system described herein.
  212         (21)“Telecommunications access system” means the system
  213  administered pursuant to this section, and includes the
  214  administration of the telecommunications relay service system
  215  and the distribution of specialized telecommunications devices
  216  and specialized communications technologies pursuant to ss.
  217  427.701-427.708 and rules and regulations established by the
  218  commission.
  219         (23)(14) “Telecommunications device for the deaf,or
  220  “TDD,or “text device” means a mechanism that which is
  221  connected to a communications network standard telephone line,
  222  operated by means of a keyboard, and used to transmit or receive
  223  signals through telephone lines or other communications service
  224  facilities.
  225         (25)(16) “Telecommunications relay service” means any
  226  telecommunications transmission service that allows a person
  227  with hearing loss who is hearing impaired or speech impairment
  228  speech impaired to communicate by wire or radio in a manner that
  229  is functionally equivalent to the ability of a person who does
  230  not have hearing loss or speech impairment is not hearing
  231  impaired or speech impaired. Such term includes any service that
  232  enables two-way communication between a person who uses a
  233  telecommunications device or other nonvoice terminal device and
  234  a person who does not use such a device.
  235         Section 3. Subsection (1), paragraph (a) of subsection (3),
  236  paragraphs (a), (b), and (e) of subsection (4), and subsections
  237  (5) through (9) of section 427.704, Florida Statutes, are
  238  amended to read:
  239         427.704 Powers and duties of the commission.—
  240         (1) The commission shall establish, implement, promote, and
  241  oversee the administration of a statewide telecommunications
  242  access system to provide access to telecommunications relay
  243  services by persons with hearing loss or speech impairment or
  244  who are deafblind who are hearing impaired or speech impaired,
  245  or others who communicate with them. The telecommunications
  246  access system must shall provide for the purchase and
  247  distribution of specialized telecommunications devices,
  248  equipment, specialized communications technology, and the
  249  establishment of a statewide single provider telecommunications
  250  relay service system that which operates continuously. To
  251  provide telecommunications relay services and distribute
  252  specialized telecommunication devices, equipment, and
  253  specialized communications technology to persons with hearing
  254  loss or speech impairment or who are deafblind who are hearing
  255  impaired or speech impaired, at a reasonable cost the commission
  256  shall:
  257         (a) Investigate, conduct public hearings, and solicit the
  258  advice and counsel of the advisory committee established
  259  pursuant to s. 427.706 to determine the most cost-effective
  260  method for providing telecommunications relay service and
  261  distributing specialized telecommunications devices, equipment,
  262  and specialized communications technology.
  263         (b) Ensure that users of the telecommunications relay
  264  service system pay rates no greater than the rates paid for
  265  functionally equivalent voice communication services with
  266  respect to such factors as duration of the call, time of day,
  267  and distance from the point of origination to the point of
  268  termination.
  269         (c) Ensure that the telecommunications access system
  270  protects the privacy of persons to whom services are provided
  271  and that all operators maintain the confidentiality of all relay
  272  service messages.
  273         (d) Ensure that the telecommunications relay service system
  274  complies with regulations adopted by the Federal Communications
  275  Commission to implement Title IV of the Americans with
  276  Disabilities Act.
  277         (e)Set eligibility requirements for the distribution of
  278  specialized communications technology based on income
  279  qualifications or participation in other state or federal
  280  programs based on income, which requirements must be set at no
  281  less than double but no more than triple the federal poverty
  282  level. Eligibility requirements may not prohibit the
  283  administrator from providing access to specialized
  284  communications technologies if such access has a de minimis
  285  value. This paragraph does not apply to specialized
  286  telecommunications devices using standard telephone lines.
  287         (3)(a) The commission shall select a the provider of the
  288  telecommunications relay service pursuant to procedures
  289  established by the commission. In selecting a the service
  290  provider, the commission shall take into consideration the cost
  291  of providing the relay service and the interests of the hearing
  292  loss, speech impairment, and deafblind impaired and speech
  293  impaired community in having access to a high-quality and
  294  technologically advanced telecommunications system. The
  295  commission shall award the contract to the bidder whose proposal
  296  is the most advantageous to the state, taking into consideration
  297  the following:
  298         1. The appropriateness and accessibility of the proposed
  299  telecommunications relay service for the residents citizens of
  300  this the state, including persons with hearing loss or speech
  301  impairment or who are deafblind who are hearing impaired or
  302  speech impaired.
  303         2. The overall quality of the proposed telecommunications
  304  relay service.
  305         3. The charges for the proposed telecommunications relay
  306  service system.
  307         4. The ability and qualifications of the bidder to provide
  308  the proposed telecommunications relay service as outlined in the
  309  request for proposals.
  310         5. Any proposed service enhancements and technological
  311  enhancements which improve service without significantly
  312  increasing cost.
  313         6. Any proposed inclusion of provision of assistance to
  314  deaf persons with special needs to access the basic
  315  telecommunications system.
  316         7. The ability to meet the proposed commencement date for
  317  the telecommunications relay service.
  318         8. All other factors listed in the request for proposals.
  319         (4)(a) The commission shall establish a mechanism to
  320  recover the costs of implementing and maintaining the services
  321  required pursuant to this part which must shall be applied to
  322  each basic telecommunications access line. In establishing the
  323  recovery mechanism, the commission shall:
  324         1. Require all local exchange telecommunications companies
  325  to impose a monthly surcharge on all local exchange
  326  telecommunications company subscribers on an individual access
  327  line basis, except that such surcharge may shall not be imposed
  328  upon more than 25 basic telecommunications access lines per
  329  account bill rendered.
  330         2. Require all local exchange telecommunications companies
  331  to include the surcharge as a part of the local service charge
  332  that appears on the customer’s bill, except that the local
  333  exchange telecommunications company shall specify the surcharge
  334  on the initial bill to the subscriber and itemize it at least
  335  once annually.
  336         3. Allow the local exchange telecommunications company to
  337  deduct and retain 1 percent of the total surcharge amount
  338  collected each month to recover the billing, collecting,
  339  remitting, and administrative costs attributed to the surcharge.
  340         (b) The commission shall determine the amount of the
  341  surcharge based upon the amount of funding necessary to
  342  accomplish the purposes of this act and provide the services on
  343  an ongoing basis; however, in no case shall the amount exceed 15
  344  25 cents per line per month.
  345         (e) From the date of implementing the surcharge, the
  346  commission shall review the amount of the surcharge at least
  347  annually and shall order changes in the amount of the surcharge
  348  as necessary to assure available funds for the provision of the
  349  telecommunications access system established herein. Where the
  350  review of the surcharge determines that excess funds are
  351  available, the commission may order the suspension of the
  352  surcharge for a period that which the commission deems
  353  appropriate. The commission may not increase the surcharge when
  354  excess funds are available.
  355         (5) The commission shall require each local exchange
  356  telecommunications company to begin assessing and collecting the
  357  surcharge in the amount of 5 cents per access line per month on
  358  bills rendered on or after July 1, 1991, for remission to the
  359  administrator for deposit in the operational fund. Each local
  360  exchange telecommunications company shall remit moneys collected
  361  to the administrator. On August 15, 1991, each local exchange
  362  telecommunications company shall begin remitting the moneys
  363  collected to the administrator on a monthly basis and in a
  364  manner as prescribed by the commission. The administrator shall
  365  use such moneys to administer the telecommunications access to
  366  cover costs incurred during the development of the
  367  telecommunications relay services and to establish and
  368  administer the specialized telecommunications devices system.
  369         (6) The commission shall establish a schedule for
  370  completion of specific stages of the telecommunications relay
  371  service development and implementation except that the statewide
  372  telecommunications relay service shall commence on or before
  373  June 1, 1992.
  374         (7) The commission shall require the administrator to
  375  submit financial statements for the distribution of specialized
  376  telecommunications devices and for specialized communications
  377  technology and for the telecommunications relay service to the
  378  commission quarterly, in the manner prescribed by the
  379  commission.
  380         (7)(8) The commission shall adopt rules and may take any
  381  other action necessary to implement the provisions of this act.
  382         (8)(9) The commission shall prepare an annual report on the
  383  operation of the telecommunications access system and, which
  384  shall make such report be available on the commission’s Internet
  385  website. Reports must be prepared in consultation with the
  386  administrator and the advisory committee appointed pursuant to
  387  s. 427.706. The reports must, at a minimum, briefly outline the
  388  status of developments in the telecommunications access system,
  389  the number of persons served, the call volume, revenues and
  390  expenditures, the allocation of the revenues and expenditures
  391  between provision of specialized telecommunications devices and
  392  specialized communications technologies to individuals and
  393  operation of statewide relay service, other major policy or
  394  operational issues, and proposals for improvements or changes to
  395  the telecommunications access system.
  396         Section 4. Paragraphs (a) and (c) of subsection (1),
  397  subsection (4), paragraphs (a) and (b) of subsection (5), and
  398  subsection (7) of section 427.705, Florida Statutes, are amended
  399  to read:
  400         427.705 Administration of the telecommunications access
  401  system.—
  402         (1) Consistent with the provisions of this act and rules
  403  and regulations established by the commission, the administrator
  404  shall:
  405         (a) Purchase, license, store, distribute, and maintain
  406  specialized telecommunications devices, equipment, and
  407  specialized communications technology, either directly or
  408  through contract with third parties, or a combination thereof.
  409         (c) Administer training services for recipients of
  410  specialized telecommunications devices, equipment, and
  411  specialized communications technology and for telecommunications
  412  relay service users as directed by the commission through
  413  contract with third parties.
  414         (4) In contracting for the provision of distribution of
  415  specialized telecommunications devices, outreach services, and
  416  training of recipients, the administrator shall consider
  417  contracting with organizations that provide services to persons
  418  with hearing loss or speech impairment or who are deafblind who
  419  are hearing impaired or speech impaired.
  420         (5) The administrator shall provide for the distribution of
  421  specialized telecommunications devices to persons qualified to
  422  receive such equipment in accordance with the provisions of this
  423  act. The administrator shall establish procedures for the
  424  distribution of specialized telecommunications devices and shall
  425  solicit the advice and counsel and consider the recommendations
  426  of the advisory committee in establishing such procedures. The
  427  procedures shall:
  428         (a) Provide for certification of persons with hearing loss
  429  or speech impairment or who are deafblind as hearing impaired,
  430  speech impaired, or dual sensory impaired. Such certification
  431  process must shall include a statement attesting to such
  432  impairment by a licensed physician, audiologist, speech-language
  433  pathologist, hearing aid specialist, or deaf service center
  434  director, or regional distribution center director; by a state
  435  certified teacher of the hearing impaired; by a state-certified
  436  teacher of the visually impaired; or by an appropriate state or
  437  federal agency. The licensed physician, audiologist, speech
  438  language pathologist, hearing aid specialist, state-certified
  439  teacher of the hearing impaired, or state-certified teacher of
  440  the visually impaired providing statements which attest to such
  441  impairments shall work within their individual scopes of
  442  practice according to their education and training. The deaf
  443  service center directors, regional distribution center
  444  directors, and appropriate state and federal agencies shall
  445  attest to such impairments as provided for in the procedures
  446  developed by the administrator.
  447         (b) Establish characteristics and performance standards for
  448  specialized telecommunications devices and specialized
  449  communications technologies determined to be necessary, and for
  450  the selection of equipment to be purchased for distribution to
  451  qualified recipients. The characteristics and standards must
  452  shall be modified as advances in equipment technology render
  453  such standards inapplicable.
  454         (7) The administrator shall assume responsibility for
  455  distribution of specialized telecommunications devices and
  456  specialized communications technologies.
  457         Section 5. Subsections (1) and (2) of section 427.706,
  458  Florida Statutes, are amended to read:
  459         427.706 Advisory committee.—
  460         (1) The commission shall appoint an advisory committee to
  461  assist the commission with implementing the implementation of
  462  the provisions of this part. The committee shall be composed of
  463  no more than 10 persons and shall include, to the extent
  464  practicable, persons recommended by organizations representing,
  465  the following groups:
  466         (a) The Two deaf persons recommended by the Florida
  467  Association of the Deaf.
  468         (b) Persons with hearing loss One hearing impaired person
  469  recommended by Self-Help for the Hard of Hearing.
  470         (c) The deafblind One deaf and blind person recommended by
  471  the Coalition for Persons with Dual Sensory Disabilities.
  472         (d) Persons with speech impairment One speech impaired
  473  person recommended by the Florida Language Speech and Hearing
  474  Association.
  475         (e) The elderly Two representatives of telecommunications
  476  companies.
  477         (f) One person with experience in providing
  478  Telecommunication relay service distribution centers services
  479  recommended by the Deaf Service Center Association.
  480         (g) Communications service providers One person recommended
  481  by the Advocacy Center for Persons with Disabilities, Inc.
  482         (h) One person recommended by the Florida League of
  483  Seniors.
  484         (2) The advisory committee shall provide the expertise,
  485  experience, and perspective of persons with hearing loss or
  486  speech impairment or who are deafblind who are hearing impaired
  487  or speech impaired to the commission and to the administrator
  488  during all phases of the development and operation of the
  489  telecommunications access system. The advisory committee shall
  490  advise the commission and the administrator on the quality and
  491  cost-effectiveness of the telecommunications relay service and
  492  the specialized telecommunications devices, equipment, and
  493  specialized communications technologies distribution system. The
  494  advisory committee may submit material for inclusion in the
  495  annual report prepared pursuant to s. 427.704.
  496         Section 6. This act shall take effect July 1, 2025.