Bill Text: FL S7036 | 2022 | Regular Session | Prefiled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Lifeline Telecommunications Service

Spectrum: Committee Bill

Status: (Passed) 2022-04-28 - Chapter No. 2022-80 [S7036 Detail]

Download: Florida-2022-S7036-Prefiled.html

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       Florida Senate - 2022                   (PROPOSED BILL) SPB 7036
       
       
        
       FOR CONSIDERATION By the Committee on Regulated Industries
       
       
       
       
       
       580-01899-22                                          20227036pb
    1                        A bill to be entitled                      
    2         An act relating to Lifeline telecommunications
    3         service; amending s. 364.10, F.S.; requiring a
    4         Lifeline service subscriber to present proof of
    5         continued eligibility to certain entities upon
    6         request; deleting provisions authorizing certain local
    7         exchange telecommunications companies and commercial
    8         mobile radio service providers to provide Lifeline
    9         service to customers who meet certain income
   10         requirements; revising the entities required to
   11         cooperate in the development of procedures for
   12         promoting the Lifeline service; authorizing certain
   13         participant information to be exchanged with the
   14         Federal Communications Commission or its designee;
   15         revising requirements for state agencies to coordinate
   16         with the commission or its designee and verify
   17         participant eligibility in Lifeline qualifying
   18         programs; deleting provisions requiring certain
   19         entities to form a Lifeline Workgroup for sharing
   20         subscriber information; amending s. 364.107, F.S.;
   21         authorizing the release of certain confidential and
   22         exempt Lifeline Assistance Plan participant
   23         information to the commission or its designee for
   24         specified purposes; providing an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Paragraphs (e) and (f) of subsection (1) and
   29  subsection (2) of section 364.10, Florida Statutes, are amended
   30  to read:
   31         364.10 Lifeline service.—
   32         (1)
   33         (e)1. An eligible telecommunications carrier must notify a
   34  Lifeline subscriber of impending termination of Lifeline service
   35  if the company has a reasonable basis for believing that the
   36  subscriber no longer qualifies for the service. Notification of
   37  pending termination must be in the form of a letter that is
   38  separate from the subscriber’s bill.
   39         2. An eligible telecommunications carrier shall allow a
   40  subscriber 60 days following the date of the pending termination
   41  letter to demonstrate continued eligibility. The subscriber must
   42  present proof of continued eligibility upon request of the
   43  eligible telecommunications carrier, or the Federal
   44  Communications Commission or its designee. An eligible
   45  telecommunications carrier may transfer a subscriber off of
   46  Lifeline service, pursuant to its tariff, if the subscriber
   47  fails to demonstrate continued eligibility.
   48         3. The commission shall establish procedures for such
   49  notification and termination.
   50         (f) An eligible telecommunications carrier shall timely
   51  credit a consumer’s bill with the Lifeline Assistance credit as
   52  soon as practicable, but no later than 60 days following receipt
   53  of notice of eligibility from the Office of Public Counsel or
   54  proof of eligibility from the consumer.
   55         (2)(a) Each local exchange telecommunications company that
   56  has more than 1 million access lines and that is designated as
   57  an eligible telecommunications carrier shall, and any commercial
   58  mobile radio service provider designated as an eligible
   59  telecommunications carrier pursuant to 47 U.S.C. s. 214(e) may,
   60  upon filing a notice of election to do so with the commission,
   61  provide Lifeline service to any otherwise eligible customer or
   62  potential customer who meets an income eligibility test at 150
   63  percent or less of the federal poverty income guidelines for
   64  Lifeline customers. Such a test for eligibility must augment,
   65  rather than replace, the eligibility standards established by
   66  federal law and based on participation in certain low-income
   67  assistance programs. Each intrastate interexchange
   68  telecommunications company shall file or publish a schedule
   69  providing at a minimum the intrastate interexchange
   70  telecommunications company’s current Lifeline benefits and
   71  exemptions to Lifeline customers who meet the income eligibility
   72  test set forth in this subsection. The Office of Public Counsel
   73  shall certify and maintain claims submitted by a customer for
   74  eligibility under the income test authorized by this subsection.
   75         (b) Each eligible telecommunications carrier subject to
   76  this subsection shall provide to each state and federal agency
   77  providing benefits to persons eligible for Lifeline service
   78  applications, brochures, pamphlets, or other materials that
   79  inform the persons of their eligibility for Lifeline, and each
   80  state agency providing the benefits shall furnish the materials
   81  to affected persons at the time they apply for benefits.
   82         (b)(c) An eligible telecommunications carrier may not
   83  discontinue basic local telecommunications service to a
   84  subscriber who receives Lifeline service because of nonpayment
   85  by the subscriber of charges for nonbasic services billed by the
   86  telecommunications company, including long-distance service. A
   87  subscriber who receives Lifeline service shall pay all
   88  applicable basic local telecommunications service fees,
   89  including the subscriber line charge, E-911, telephone relay
   90  system charges, and applicable state and federal taxes.
   91         (c)(d) An eligible telecommunications carrier may not
   92  refuse to connect, reconnect, or provide Lifeline service
   93  because of unpaid toll charges or nonbasic charges other than
   94  basic local telecommunications service.
   95         (d)(e) An eligible telecommunications carrier may require
   96  that payment arrangements be made for outstanding debt
   97  associated with basic local telecommunications service,
   98  subscriber line charges, E-911, telephone relay system charges,
   99  and applicable state and federal taxes.
  100         (e)(f) An eligible telecommunications carrier may block a
  101  Lifeline service subscriber’s access to all long-distance
  102  service, except for toll-free numbers, and may block the ability
  103  to accept collect calls if when the subscriber owes an
  104  outstanding amount for long-distance service or amounts
  105  resulting from collect calls. However, the eligible
  106  telecommunications carrier may not impose a charge for blocking
  107  long-distance service. The eligible telecommunications carrier
  108  shall remove the block at the request of the subscriber without
  109  additional cost to the subscriber upon payment of the
  110  outstanding amount. An eligible telecommunications carrier may
  111  charge a service deposit before removing the block.
  112         (f)1.(g)1. Each state agency that provides benefits to
  113  persons eligible for Lifeline service shall undertake, in
  114  cooperation with the Department of Children and Families, the
  115  Department of Education, the commission, the Office of Public
  116  Counsel, and telecommunications companies designated eligible
  117  telecommunications carriers providing Lifeline services, the
  118  development of procedures to promote Lifeline participation. The
  119  department and departments, the commission, and the Office of
  120  Public Counsel may exchange sufficient information with the
  121  appropriate eligible telecommunications carriers, or the Federal
  122  Communications Commission or its designee and any commercial
  123  mobile radio service provider electing to provide Lifeline
  124  service under paragraph (a), such as a person’s name, date of
  125  birth, service address, and telephone number, so that eligible
  126  customers the carriers can be enrolled identify and enroll an
  127  eligible person in the Lifeline and Link-Up programs. The
  128  information remains confidential and exempt pursuant to s.
  129  364.107 and may only be used for purposes of determining
  130  eligibility and enrollment in the Lifeline and Link-Up programs.
  131         2. If any state agency determines that a person is eligible
  132  for a Lifeline qualifying program services, the agency must
  133  coordinate with the Federal Communications Commission or its
  134  designee to verify eligibility for the Lifeline service shall
  135  immediately forward the information to the commission to ensure
  136  that the person is automatically enrolled in the program with
  137  the appropriate eligible telecommunications carrier. The state
  138  agency shall include an option for an eligible customer to
  139  choose not to subscribe to the Lifeline service. The Public
  140  Service Commission and the Department of Children and Families
  141  shall adopt rules creating procedures to automatically enroll
  142  eligible customers in Lifeline service.
  143         3. The commission, the Department of Children and Families,
  144  the Office of Public Counsel, and each eligible
  145  telecommunications carrier offering Lifeline and Link-Up
  146  services shall convene a Lifeline Workgroup to discuss how the
  147  eligible subscriber information in subparagraph 1. will be
  148  shared, the obligations of each party with respect to the use of
  149  that information, and the procedures to be implemented to
  150  increase enrollment and verify eligibility in these programs.
  151         (g)(h) The commission shall report to the Governor, the
  152  President of the Senate, and the Speaker of the House of
  153  Representatives by December 31 of each year on the number of
  154  customers who are subscribing to Lifeline service and the
  155  effectiveness of any procedures to promote participation.
  156         (h)(i) The commission may undertake appropriate measures to
  157  inform low-income consumers of the availability of the Lifeline
  158  and Link-Up programs.
  159         (i)(j) The commission shall adopt rules to administer this
  160  section.
  161         Section 2. Subsection (2) of section 364.107, Florida
  162  Statutes, is amended to read:
  163         364.107 Public records exemption; Lifeline Assistance Plan
  164  participants.—
  165         (2) Information made confidential and exempt under
  166  subsection (1) may be released to the applicable
  167  telecommunications carrier, or to the Federal Communications
  168  Commission or its designee, for purposes directly connected with
  169  eligibility for, verification related to, or auditing of a
  170  Lifeline Assistance Plan.
  171         Section 3. This act shall take effect July 1, 2022.