Bill Text: FL S0740 | 2024 | Regular Session | Introduced


Bill Title: Wireless Services Provider Automatic Location Identification Information

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-03-08 - Died in Commerce and Tourism [S0740 Detail]

Download: Florida-2024-S0740-Introduced.html
       Florida Senate - 2024                                     SB 740
       
       
        
       By Senator Powell
       
       
       
       
       
       24-01697-24                                            2024740__
    1                        A bill to be entitled                      
    2         An act relating to wireless services provider
    3         automatic location identification information;
    4         providing a short title; creating s. 365.18, F.S.;
    5         providing legislative intent; providing definitions;
    6         authorizing a parent or person with legal custody of a
    7         child and a guardian of a ward to access a child’s or
    8         ward’s automatic location identification information
    9         under certain circumstances; requiring a wireless
   10         services provider to provide to a parent, person with
   11         legal custody, or guardian the automatic location
   12         identification information of certain cellular
   13         telephones in certain circumstances; requiring
   14         automatic location identification information to be
   15         provided through a dedicated emergency number created
   16         by the wireless services provider; requiring calls to
   17         such number to be answered by a live representative;
   18         prohibiting certain callers from being placed on hold;
   19         specifying the format of receipt of automatic location
   20         identification information; authorizing a person who
   21         is a victim of domestic violence to request a
   22         temporary suspension on the ability of certain persons
   23         to access their automatic location identification
   24         information; requiring such requests to be
   25         confidential; authorizing a wireless services provider
   26         to charge a specified fee for providing automatic
   27         location identification information; requiring the
   28         Florida Public Service Commission to adopt certain
   29         rules and procedures and provide certain penalties;
   30         providing an effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. This section may be cited as the “Parental
   35  Rights and Mobile Location Tracking Act.”
   36         Section 2. Section 365.18, Florida Statutes, is created to
   37  read:
   38         365.18Parental Rights and Mobile Location Tracking Act.—
   39         (1)(a)The Legislature recognizes the fundamental
   40  importance of parental rights and the right of a parent, or a
   41  person with legal custody of a child, to ensure the safety and
   42  well-being of his or her child. The Legislature also recognizes
   43  that there must be a balance between safeguarding these parental
   44  rights and addressing the unique needs of vulnerable persons,
   45  including persons who are victims of domestic violence and
   46  persons who have an intellectual disability who have been
   47  appointed a guardian under chapter 744.
   48         (b)The Legislature intends for this section to empower
   49  parents and persons with legal custody of a child and enhance
   50  their capacity to protect and care for their child by giving
   51  them the ability to access the automatic location identification
   52  information on their child’s cellular telephone, regardless of
   53  whether the automatic location identification information has
   54  been activated or deactivated on their child’s cellular
   55  telephone.
   56         (2)As used in this section, the term:
   57         (a)“Account holder” means a person who is legally
   58  responsible for and who enters into an agreement with a wireless
   59  services provider for the purchase of a cellular telephone.
   60         (b)“Automatic location identification information” means
   61  the automatic display at the public safety answering point of
   62  the caller’s cellular telephone number, the address or location
   63  of the cellular telephone, and any additional emergency services
   64  information.
   65         (c)“Cellular telephone” has the same meaning as in s.
   66  817.4821(1)(e).
   67         (d)“Domestic violence” has the same meaning as in s.
   68  741.28.
   69         (e)“Guardian” has the same meaning as in s. 744.102.
   70         (f)“Intellectual disability” has the same meaning as in s.
   71  393.063.
   72         (g)“Legal custody” has the same meaning as in s. 39.01.
   73         (h)“Ward” has the same meaning as in s. 744.102.
   74         (i)“Wireless services provider” means a person or an
   75  entity that provides wireless services using licensed or
   76  unlicensed spectrum, whether at a fixed location or mobile,
   77  using wireless facilities.
   78         (3)In the event of an actual or a perceived emergency, a
   79  parent or person with legal custody of a child may access the
   80  automatic location identification information on his or her
   81  child’s cellular telephone if the parent or person with legal
   82  custody is the account holder of the cellular telephone. Except
   83  as provided in subsection (6), immediately upon the request,
   84  consent, and verbal identification of an account holder, a
   85  wireless services provider must provide the automatic location
   86  identification information of any of the cellular telephones on
   87  the account holder’s account.
   88         (4)A guardian appointed under chapter 744 for a person
   89  with an intellectual disability may, in the event of an actual
   90  or a perceived emergency, access the automatic location
   91  identification information on his or her ward’s cellular
   92  telephone. Except as provided in subsection (6), immediately
   93  upon the request, consent, and verbal identification of the
   94  guardian, a wireless services provider must provide the
   95  automatic location identification information of the ward’s
   96  cellular telephone.
   97         (5)(a)A wireless services provider must create and
   98  advertise a dedicated emergency number to be used to access the
   99  automatic location identification information of a cellular
  100  telephone pursuant to this section. The dedicated emergency
  101  number may not be answered or monitored by an automated system
  102  but must be answered by a live representative and the caller may
  103  not be placed on hold at any time.
  104         (b)The wireless services provider must provide the
  105  automatic location identification information verbally to the
  106  caller and the information must also be graphically transmitted
  107  to the caller’s cellular telephone from which he or she is
  108  calling, regardless of whether the automatic location
  109  identification information has been activated or deactivated on
  110  the child’s or ward’s cellular telephone.
  111         (6)A person who is a victim of domestic violence may
  112  request that a wireless services provider place a temporary
  113  suspension, not to exceed 30 days, on the ability of a person
  114  authorized under this section to access the automatic location
  115  identification information of the person who is a victim. The
  116  request is confidential, and a wireless services provider may
  117  not provide any automatic location identification information to
  118  an account holder, a person with legal custody, or a guardian
  119  during such suspension.
  120         (7)A wireless services provider may charge a fee for
  121  providing automatic location identification information of no
  122  more than $100.
  123         (8)The Florida Public Service Commission shall adopt rules
  124  and procedures to implement this section and to ensure
  125  compliance with federal and state privacy laws and regulations.
  126  The commission shall, by rule, provide penalties for a violation
  127  of this section.
  128         Section 3. This act shall take effect July 1, 2024.

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