Florida Senate - 2025 SB 344 By Senator Rodriguez 40-00022B-25 2025344__ 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 systems 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; amending s. 427.708, F.S.; 20 authorizing the central communications office of each 21 county sheriffs department to purchase and 22 continually operate at least one telecommunications 23 device for the deaf; providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1.Present paragraphs (e) through (i) of subsection 28 (3) of section 427.702, Florida Statutes, are redesignated as 29 paragraphs (f) through (j), respectively, a new paragraph (e) is 30 added to that subsection, and subsections (1) and (2) and 31 paragraphs (a) and (d) and present paragraphs (g) and (h) of 32 subsection (3) of that section are amended, to read: 33 427.702Findings, purpose, and legislative intent. 34 (1)The Legislature finds and declares that: 35 (a)Telecommunications services provide a rapid and 36 essential communications link among the general public and with 37 essential offices and organizations such as police, fire, and 38 medical facilities. 39 (b)All persons should have basic telecommunications 40 services available to them at reasonable and affordable costs. 41 (c)A significant portion of Floridas hearing impaired and 42 speech impaired populations has profound disabilities, including 43 dual sensory impairments, which render normal telephone 44 equipment useless without additional specialized 45 telecommunications devices, many of which cost several hundred 46 dollars. 47 (d)The telecommunications system is intended to provide 48 access to a basic communications network between all persons, 49 and that many persons who have a hearing impairment or speech 50 impairment currently have no access to the basic 51 telecommunications system. 52 (e)Persons who do not have a hearing impairment or speech 53 impairment are generally excluded from access to the basic 54 telecommunications system to communicate with persons who have a 55 hearing impairment or speech impairment without the use of 56 specialized telecommunications devices. 57 (f)There exists a need for a telecommunications relay 58 system whereby the cost for access to basic telecommunications 59 services for persons who have a hearing impairment or speech 60 impairment is no greater than the amount paid by other 61 telecommunications customers. 62 (g)The Federal Government, in order to carry out the 63 purposes established by Title II of the Communications Act of 64 1934, as amended, by the enactment of the Americans with 65 Disabilities Act, endeavored to ensure that interstate and 66 intrastate telecommunications relay services are available, to 67 the extent possible and in the most efficient manner, to persons 68 with hearing loss or speech impairment hearing impaired and 69 speech impaired persons in the United States. 70 (b)(h)Title IV of the Americans with Disabilities Act 71 mandates that the telecommunications companies providing 72 telephone services within the state shall provide 73 telecommunications relay services on or before July 25, 1993, to 74 persons with hearing loss or speech impairment who are hearing 75 impaired or speech impaired within their certificated 76 territories in a manner that meets or exceeds the requirements 77 of regulations to be prescribed by the Federal Communications 78 Commission. 79 (2)It is The declared purpose of this part is to establish 80 a system whereby the residents citizens of this state with 81 hearing loss or speech impairment or who are deafblind Florida 82 who are hearing impaired, speech impaired, or dual sensory 83 impaired have access to basic telecommunications services at a 84 cost no greater than that paid by other telecommunications 85 services customers, and whereby the cost of both the specialized 86 telecommunications equipment necessary to ensure that such 87 residents citizens who are hearing impaired, speech impaired, or 88 dual sensory impaired have such access to basic 89 telecommunications services and the provision of 90 telecommunications relay service is borne by all the 91 telecommunications customers in this of the state. 92 (3)It is the intent of the Legislature: 93 (a)That a telecommunications access system be established 94 to provide equitable basic access to the telecommunications 95 network for persons with hearing loss or who are hearing 96 impaired, speech impairment impaired, or who are deafblind dual 97 sensory impaired. 98 (d)That the telecommunications access system includes the 99 distribution of specialized telecommunications devices necessary 100 for persons with hearing loss or hearing impaired, speech 101 impairment impaired, or who are deafblind dual sensory impaired 102 persons to access basic telecommunications services. 103 (e)That the telecommunications access system provides 104 access to specialized communications technology capable of using 105 existing or future devices or equipment necessary for persons 106 with hearing loss or speech impairment or who are deafblind to 107 access telecommunications services. 108 (h)(g)That the telecommunications access system uses 109 state-of-the-art technology for specialized telecommunications 110 devices, specialized communications technology, and the 111 telecommunications relay service and encourages the 112 incorporation of new developments in technology, to the extent 113 that it has demonstrated benefits consistent with the intent of 114 this act and is in the best interest of the residents citizens 115 of this state. 116 (i)(h)That the value of the involvement of persons with 117 hearing loss who have hearing or speech impairment, or who are 118 deafblind impairments, and organizations representing or serving 119 those persons, be recognized and such persons and organizations 120 be involved throughout the development, establishment, and 121 implementation of the telecommunications access system through 122 participation on the advisory committee as provided in s. 123 427.706. 124 Section 2.Present subsections (2), (3) through (6), (7), 125 (8), and (9), (10), (11), (12), and (13) through (17) of section 126 427.703, Florida Statutes, are redesignated as subsections (3), 127 (5) through (8), (10), (11), and (12), (15), (14), (16), and 128 (18) through (22), respectively, new subsections (2), (4), (9), 129 (13), and (17) are added to that section, and subsection (1) and 130 present subsections (4), (6), (10), (11), (12), (14), and (16) 131 of that section are amended, to read: 132 427.703Definitions.As used in this part: 133 (1)Administrator means a corporation not for profit 134 incorporated pursuant to the provisions of chapter 617 and 135 designated by the Florida Public Service Commission to 136 administer the telecommunications access system relay service 137 system and the distribution of specialized telecommunications 138 devices pursuant to the provisions of this act and rules and 139 regulations established by the commission. 140 (2)Commercial mobile radio service or CMRS means a 141 mobile radio communications service, provided for profit, which 142 is interconnected to the public switched network and is 143 available to the public or to such classes of eligible users as 144 to be effectively available to a substantial portion of the 145 public. The term does not include services that do not provide 146 access to 911 service, communication channels suitable only for 147 data transmission, wireless roaming services or other nonlocal 148 radio access line services, or private telecommunications 149 systems. 150 (4)Communications service means a service provided to 151 subscribers through wireline telecommunications equipment, 152 interconnected VoIP, or CMRS. 153 (6)(4)Deafblind Dual sensory impaired means having 154 both a permanent hearing impairment and a permanent visual 155 impairment and includes dual sensory impairment deaf/blindness. 156 (8)(6)Hearing loss impaired or having a hearing 157 impairment means deaf, late-deafened, or hard of hearing and, 158 for purposes of this part, includes being dual sensory impaired. 159 (9)Interconnected voice over Internet protocol or 160 interconnected VoIP means a service that does all of the 161 following: 162 (a)Enables subscribers to have real-time, two-way voice 163 communications. 164 (b)Requires a broadband connection. 165 (c)Requires customer equipment compatible with Internet 166 protocol. 167 (d)Allows subscribers to receive calls from and place 168 calls to the public switched telephone network. The term does 169 not include services that do not provide access to 911 service 170 or private telecommunications systems. 171 (13)Specialized communications technology means mobile 172 devices, tablet computers, software, or applications that can be 173 used to provide communications services to a hearing impaired, 174 speech impaired, or deafblind person. 175 (15)(10)Speech impaired or having a speech impairment 176 means having a permanent loss of verbal communication ability 177 which prohibits normal usage of a standard telephone handset. 178 (14)(11)Specialized telecommunications device means a 179 TDD, a volume control handset, a ring signaling device, or any 180 other customer premises telecommunications equipment that can be 181 specifically designed or used to provide basic access to 182 communications telecommunications services for a person with 183 hearing loss or speech impairment or who is deafblind hearing 184 impaired, speech impaired, or dual sensory impaired person. 185 (16)(12)Surcharge means an additional charge which is to 186 be paid by local exchange telecommunications company subscribers 187 pursuant to the cost recovery mechanism established under s. 188 427.704(4) in order to implement the system described herein. 189 (17)Telecommunications access system means the system 190 administered, as defined in this section, and includes the 191 administration of the telecommunications relay service system 192 and the distribution of specialized telecommunications devices 193 and specialized communications technologies pursuant to this act 194 and rules and regulations established by the commission. 195 (19)(14)Telecommunications device for the deaf, or 196 TDD, or text device means a mechanism that which is 197 connected to a communications network standard telephone line, 198 operated by means of a keyboard, and used to transmit or receive 199 signals through telephone lines or other communications service 200 facilities. 201 (21)(16)Telecommunications relay service means any 202 telecommunications transmission service that allows a person 203 with hearing loss who is hearing impaired or speech impairment 204 speech impaired to communicate by wire or radio in a manner that 205 is functionally equivalent to the ability of a person who does 206 not have hearing loss or speech impairment is not hearing 207 impaired or speech impaired. Such term includes any service that 208 enables two-way communication between a person who uses a 209 telecommunications device or other nonvoice terminal device and 210 a person who does not use such a device. 211 Section 3.Subsection (1), paragraph (a) of subsection (3), 212 paragraph (a) of subsection (4), and subsections (5) through (9) 213 of section 427.704, Florida Statutes, are amended to read: 214 427.704Powers and duties of the commission. 215 (1)The commission shall establish, implement, promote, and 216 oversee the administration of a statewide telecommunications 217 access system to provide access to telecommunications relay 218 services by persons with hearing loss or speech impairment or 219 who are deafblind who are hearing impaired or speech impaired, 220 or others who communicate with them. The telecommunications 221 access system must shall provide for the purchase and 222 distribution of specialized telecommunications devices, 223 equipment, specialized communications technology, and the 224 establishment of a statewide single provider telecommunications 225 relay service system that which operates continuously. To 226 provide telecommunications relay services and distribute 227 specialized telecommunication devices, equipment, and 228 specialized communications technology to persons with hearing 229 loss or speech impairment or who are deafblind who are hearing 230 impaired or speech impaired, at a reasonable cost the commission 231 shall: 232 (a)Investigate, conduct public hearings, and solicit the 233 advice and counsel of the advisory committee established 234 pursuant to s. 427.706 to determine the most cost-effective 235 method for providing telecommunications relay service and 236 distributing specialized telecommunications devices, equipment, 237 and specialized communications technology. 238 (b)Ensure that users of the telecommunications relay 239 service system pay rates no greater than the rates paid for 240 functionally equivalent voice communication services with 241 respect to such factors as duration of the call, time of day, 242 and distance from the point of origination to the point of 243 termination. 244 (c)Ensure that the telecommunications access system 245 protects the privacy of persons to whom services are provided 246 and that all operators maintain the confidentiality of all relay 247 service messages. 248 (d)Ensure that the telecommunications relay service system 249 complies with regulations adopted by the Federal Communications 250 Commission to implement Title IV of the Americans with 251 Disabilities Act. 252 (e)Set eligibility requirements for the distribution of 253 specialized communications technology based on income 254 qualifications or participation in other state or federal 255 programs based on income, which requirements must be set at no 256 less than double but no more than triple the federal poverty 257 level. Eligibility requirements may not prohibit the 258 administrator from providing access to specialized 259 communications technologies if such access has a de minimis 260 value. This section does not apply to specialized 261 telecommunications devices using standard telephone lines. 262 (3)(a)The commission shall select a the provider of the 263 telecommunications relay service pursuant to procedures 264 established by the commission. In selecting a the service 265 provider, the commission shall take into consideration the cost 266 of providing the relay service and the interests of the hearing 267 loss, speech impairment, and deafblind impaired and speech 268 impaired community in having access to a high-quality and 269 technologically advanced telecommunications system. The 270 commission shall award the contract to the bidder whose proposal 271 is the most advantageous to the state, taking into consideration 272 the following: 273 1.The appropriateness and accessibility of the proposed 274 telecommunications relay service for the residents citizens of 275 this the state, including persons with hearing loss or speech 276 impairment or who are deafblind who are hearing impaired or 277 speech impaired. 278 2.The overall quality of the proposed telecommunications 279 relay service. 280 3.The charges for the proposed telecommunications relay 281 service system. 282 4.The ability and qualifications of the bidder to provide 283 the proposed telecommunications relay service as outlined in the 284 request for proposals. 285 5.Any proposed service enhancements and technological 286 enhancements which improve service without significantly 287 increasing cost. 288 6.Any proposed inclusion of provision of assistance to 289 deaf persons with special needs to access the basic 290 telecommunications system. 291 7.The ability to meet the proposed commencement date for 292 the telecommunications relay service. 293 8.All other factors listed in the request for proposals. 294 (4)(a)The commission shall establish a mechanism to 295 recover the costs of implementing and maintaining the services 296 required pursuant to this part which must shall be applied to 297 each basic telecommunications access line. In establishing the 298 recovery mechanism, the commission shall: 299 1.Require all local exchange telecommunications companies 300 to impose a monthly surcharge on all local exchange 301 telecommunications company subscribers on an individual access 302 line basis, except that such surcharge may shall not be imposed 303 upon more than 25 basic telecommunications access lines per 304 account bill rendered. 305 2.Require all local exchange telecommunications companies 306 to include the surcharge as a part of the local service charge 307 that appears on the customers bill, except that the local 308 exchange telecommunications company shall specify the surcharge 309 on the initial bill to the subscriber and itemize it at least 310 once annually. 311 3.Allow the local exchange telecommunications company to 312 deduct and retain 1 percent of the total surcharge amount 313 collected each month to recover the billing, collecting, 314 remitting, and administrative costs attributed to the surcharge. 315 (5)The commission shall require each local exchange 316 telecommunications company to begin assessing and collecting the 317 surcharge in the amount of 5 cents per access line per month on 318 bills rendered on or after July 1, 1991, for remission to the 319 administrator for deposit in the operational fund. Each local 320 exchange telecommunications company shall remit moneys collected 321 to the administrator. On August 15, 1991, each local exchange 322 telecommunications company shall begin remitting the moneys 323 collected to the administrator on a monthly basis and in a 324 manner as prescribed by the commission. The administrator shall 325 use such moneys to administer the telecommunications access to 326 cover costs incurred during the development of the 327 telecommunications relay services and to establish and 328 administer the specialized telecommunications devices system. 329 (6)The commission shall establish a schedule for 330 completion of specific stages of the telecommunications relay 331 service development and implementation except that the statewide 332 telecommunications relay service shall commence on or before 333 June 1, 1992. 334 (7)The commission shall require the administrator to 335 submit financial statements for the distribution of specialized 336 telecommunications devices and for specialized communications 337 technology and for the telecommunications relay service to the 338 commission quarterly, in the manner prescribed by the 339 commission. 340 (7)(8)The commission shall adopt rules and may take any 341 other action necessary to implement the provisions of this act. 342 (8)(9)The commission shall prepare an annual report on the 343 operation of the telecommunications access system and, which 344 shall make such report be available on the commissions Internet 345 website. Reports must be prepared in consultation with the 346 administrator and the advisory committee appointed pursuant to 347 s. 427.706. The reports must, at a minimum, briefly outline the 348 status of developments in the telecommunications access system, 349 the number of persons served, the call volume, revenues and 350 expenditures, the allocation of the revenues and expenditures 351 between provision of specialized telecommunications devices and 352 specialized communications technologies to individuals and 353 operation of statewide relay service, other major policy or 354 operational issues, and proposals for improvements or changes to 355 the telecommunications access system. 356 Section 4.Paragraphs (a) and (c) of subsection (1), 357 subsection (4), paragraphs (a) and (b) of subsection (5), and 358 subsection (7) of section 427.705, Florida Statutes, are amended 359 to read: 360 427.705Administration of the telecommunications access 361 system. 362 (1)Consistent with the provisions of this act and rules 363 and regulations established by the commission, the administrator 364 shall: 365 (a)Purchase, license, store, distribute, and maintain 366 specialized telecommunications devices, equipment, and 367 specialized communications technology, either directly or 368 through contract with third parties, or a combination thereof. 369 (c)Administer training services for recipients of 370 specialized telecommunications devices, equipment, and 371 specialized communications technology and for telecommunications 372 relay service users as directed by the commission through 373 contract with third parties. 374 (4)In contracting for the provision of distribution of 375 specialized telecommunications devices, outreach services, and 376 training of recipients, the administrator shall consider 377 contracting with organizations that provide services to persons 378 with hearing loss or speech impairment or who are deafblind who 379 are hearing impaired or speech impaired. 380 (5)The administrator shall provide for the distribution of 381 specialized telecommunications devices to persons qualified to 382 receive such equipment in accordance with the provisions of this 383 act. The administrator shall establish procedures for the 384 distribution of specialized telecommunications devices and shall 385 solicit the advice and counsel and consider the recommendations 386 of the advisory committee in establishing such procedures. The 387 procedures shall: 388 (a)Provide for certification of persons with hearing loss 389 or speech impairment or who are deafblind as hearing impaired, 390 speech impaired, or dual sensory impaired. Such certification 391 process must shall include a statement attesting to such 392 impairment by a licensed physician, audiologist, speech-language 393 pathologist, hearing aid specialist, or deaf service center 394 director, or regional distribution center director; by a state 395 certified teacher of the hearing impaired; by a state-certified 396 teacher of the visually impaired; or by an appropriate state or 397 federal agency. The licensed physician, audiologist, speech 398 language pathologist, hearing aid specialist, state-certified 399 teacher of the hearing impaired, or state-certified teacher of 400 the visually impaired providing statements which attest to such 401 impairments shall work within their individual scopes of 402 practice according to their education and training. The deaf 403 service center directors, regional distribution center 404 directors, and appropriate state and federal agencies shall 405 attest to such impairments as provided for in the procedures 406 developed by the administrator. 407 (b)Establish characteristics and performance standards for 408 specialized telecommunications devices and specialized 409 communications technologies determined to be necessary, and for 410 the selection of equipment to be purchased for distribution to 411 qualified recipients. The characteristics and standards must 412 shall be modified as advances in equipment technology render 413 such standards inapplicable. 414 (7)The administrator shall assume responsibility for 415 distribution of specialized telecommunications devices and 416 specialized communications technologies. 417 Section 5.Subsections (1) and (2) of section 427.706, 418 Florida Statutes, are amended to read: 419 427.706Advisory committee. 420 (1)The commission shall appoint an advisory committee to 421 assist the commission with implementing the implementation of 422 the provisions of this part. The committee shall be composed of 423 no more than 10 persons and shall include, to the extent 424 practicable, persons recommended by organizations representing, 425 the following groups: 426 (a)The Two deaf persons recommended by the Florida 427 Association of the Deaf. 428 (b)Persons with hearing loss One hearing impaired person 429 recommended by Self-Help for the Hard of Hearing. 430 (c)The deafblind One deaf and blind person recommended by 431 the Coalition for Persons with Dual Sensory Disabilities. 432 (d)Persons with speech impairment One speech impaired 433 person recommended by the Florida Language Speech and Hearing 434 Association. 435 (e)The elderly Two representatives of telecommunications 436 companies. 437 (f)One person with experience in providing 438 Telecommunication relay service distribution centers services 439 recommended by the Deaf Service Center Association. 440 (g)Communications service providers One person recommended 441 by the Advocacy Center for Persons with Disabilities, Inc. 442 (h)One person recommended by the Florida League of 443 Seniors. 444 (2)The advisory committee shall provide the expertise, 445 experience, and perspective of persons with hearing loss or 446 speech impairment or who are deafblind who are hearing impaired 447 or speech impaired to the commission and to the administrator 448 during all phases of the development and operation of the 449 telecommunications access system. The advisory committee shall 450 advise the commission and the administrator on the quality and 451 cost-effectiveness of the telecommunications relay service and 452 the specialized telecommunications devices, equipment, and 453 specialized communications technologies distribution system. The 454 advisory committee may submit material for inclusion in the 455 annual report prepared pursuant to s. 427.704. 456 Section 6.Subsection (1) of section 427.708, Florida 457 Statutes, is amended to read: 458 427.708Certain public safety and health care providers 459 required to purchase and operate TDDs. 460 (1)The central communications office of each county 461 sheriffs department shall purchase and continually operate at 462 least one telecommunications device for the deaf (TDD) TDD. 463 Section 7.This act shall take effect July 1, 2025.