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       Florida Senate - 2010                                     SB 814
       By Senator Aronberg
       27-00664-10                                            2010814__
    1                        A bill to be entitled                      
    2         An act relating to Lifeline telecommunications
    3         service; amending s. 364.10, F.S.; authorizing any
    4         commercial mobile radio service provider designated as
    5         an eligible telecommunications carrier to offer
    6         Lifeline services; authorizing the Department of
    7         Children and Family Services, the Department of
    8         Education, the Public Service Commission, and the
    9         Office of Public Counsel to exchange certain
   10         information with eligible telecommunications carriers
   11         so the carriers can identify and enroll an eligible
   12         person in the Lifeline and Link-Up programs;
   13         maintaining confidentiality of the information;
   14         providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Paragraphs (a) and (h) of subsection (3) of
   19  section 364.10, Florida Statutes, are amended to read:
   20         364.10 Undue advantage to person or locality prohibited;
   21  Lifeline service.—
   22         (3)(a) Each local exchange telecommunications company that
   23  has more than 1 million access lines and that is designated as
   24  an eligible telecommunications carrier shall, and any commercial
   25  mobile radio service provider designated as an eligible
   26  telecommunications carrier may, upon filing a notice of election
   27  to do so with the commission, provide Lifeline service to any
   28  otherwise eligible customer or potential customer who meets an
   29  income eligibility test at 150 percent or less of the federal
   30  poverty income guidelines for Lifeline customers. Such a test
   31  for eligibility must augment, rather than replace, the
   32  eligibility standards established by federal law and based on
   33  participation in certain low-income assistance programs. Each
   34  intrastate interexchange telecommunications company shall file
   35  or publish a schedule providing at a minimum the intrastate
   36  interexchange telecommunications carrier’s current Lifeline
   37  benefits and exemptions to Lifeline customers who meet the
   38  income eligibility test set forth in this subsection. The Office
   39  of Public Counsel shall certify and maintain claims submitted by
   40  a customer for eligibility under the income test authorized by
   41  this subsection.
   42         (h)1. By December 31, 2010 2007, each state agency that
   43  provides benefits to persons eligible for Lifeline service shall
   44  undertake, in cooperation with the Department of Children and
   45  Family Services, the Department of Education, the commission,
   46  the Office of Public Counsel, and telecommunications companies
   47  designated eligible telecommunications carriers providing
   48  Lifeline services, the development of procedures to promote
   49  Lifeline participation. The departments, the commission, and the
   50  Office of Public Counsel may exchange sufficient information
   51  with the appropriate eligible telecommunications carriers, such
   52  as a person’s name, date of birth, service address, and
   53  telephone number, so that the carriers can identify and enroll
   54  an eligible person in the Lifeline and Link-Up programs. The
   55  information remains confidential pursuant to s. 364.107 and may
   56  only be used for purposes of determining eligibility and
   57  enrollment in the Lifeline and Link-Up programs.
   58         2. If any state agency determines that a person is eligible
   59  for Lifeline services, the agency shall immediately forward the
   60  information to the commission to ensure that the person is
   61  automatically enrolled in the program with the appropriate
   62  eligible telecommunications carrier. The state agency shall
   63  include an option for an eligible customer to choose not to
   64  subscribe to the Lifeline service. The Public Service Commission
   65  and the Department of Children and Family Services shall, no
   66  later than December 31, 2007, adopt rules creating procedures to
   67  automatically enroll eligible customers in Lifeline service.
   68         3. By December 31, 2010, the commission, the Department of
   69  Children and Family Services, and the Office of Public Counsel,
   70  and each eligible telecommunications carrier offering Lifeline
   71  and Link-Up services shall enter into a memorandum of
   72  understanding establishing their the respective duties of the
   73  commission, the department, and the public counsel with respect
   74  to the automatic enrollment procedures no later than December
   75  31, 2007.
   76         Section 2. This act shall take effect July 1, 2010.

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