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 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; 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: 29 427.702Findings, 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 Floridas 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: 128 427.703Definitions.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: 210 427.704Powers 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 customers 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 commissions 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: 356 427.705Administration 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: 415 427.706Advisory 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.