Bill Text: FL S1042 | 2012 | Regular Session | Introduced

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

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Bill Title: Emergency 911 Service

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2012-03-09 - Laid on Table, refer to CS/CS/HB 801 -SJ 1171 [S1042 Detail]

Download: Florida-2012-S1042-Introduced.html

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       Florida Senate - 2012                                    SB 1042
       
       
       
       By Senator Bennett
       
       
       
       
       21-00861A-12                                          20121042__
    1                        A bill to be entitled                      
    2         An act relating to emergency 911 service; amending s.
    3         365.172, F.S.; revising the qualifications required
    4         for the members of the E911 Board; requiring that a
    5         voice communications service provider, other than a
    6         wireless service provider, impose a fee based on the
    7         number of access lines to the E911 system and on the
    8         basis of certain access lines for each digital
    9         transmission link, up to a specified number of access
   10         lines per account bill rendered; revising the criteria
   11         that a local government may use in order to indemnify
   12         a local carrier; expanding the types of providers that
   13         may be indemnified and that are not liable for certain
   14         damages; revising cross-references; defining the term
   15         “provide 911 or E911 service”; amending s. 427.706,
   16         F.S.; removing the requirement that the Florida
   17         Telephone Association recommend certain
   18         representatives to an advisory committee to the Public
   19         Service Commission; providing an effective date.
   20  
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Paragraphs (a) and (b) of subsection (5),
   24  paragraphs (a) and (e) of subsection (8), and subsection (11) of
   25  section 365.172, Florida Statutes, are amended to read:
   26         365.172 Emergency communications number “E911.”—
   27         (5) THE E911 BOARD.—
   28         (a) The E911 Board is established to administer, with
   29  oversight by the office, the fee imposed under subsection (8),
   30  including receiving revenues derived from the fee; distributing
   31  portions of the revenues to wireless providers, counties, and
   32  the office; accounting for receipts, distributions, and income
   33  derived by the funds maintained in the fund; and providing
   34  annual reports to the Governor and the Legislature for
   35  submission by the office on amounts collected and expended, the
   36  purposes for which expenditures have been made, and the status
   37  of E911 service in this state. In order to advise and assist the
   38  office in implementing carrying out the purposes of this
   39  section, the board, which has shall have the power of a body
   40  corporate, has the powers enumerated in subsection (6).
   41         (b) The board shall consist of nine members, one of whom
   42  must be the system director designated under s. 365.171(5), or
   43  his or her designee, who shall serve as the chair of the board.
   44  The remaining eight members of the board shall be appointed by
   45  the Governor and must be composed of four county 911
   46  coordinators, consisting of a representative from a rural
   47  county, a representative from a medium county, a representative
   48  from a large county, and an at-large representative recommended
   49  by the Florida Association of Counties in consultation with the
   50  county 911 coordinators; three two local exchange carrier member
   51  representatives members, one of whom which must be a
   52  representative of the local exchange carrier having the greatest
   53  number of access lines in the state and one of whom must be a
   54  representative of a certificated competitive local exchange
   55  telecommunications company; and one member representative two
   56  members from the wireless telecommunications industry, with
   57  recommended by the Florida Telecommunications Industry
   58  Association in consultation with the wireless telecommunications
   59  industry. In recommending members from the wireless
   60  telecommunications industry, consideration must be given to
   61  wireless providers that who are not affiliated with local
   62  exchange carriers. Not more than one member may be appointed to
   63  represent any single provider on the board.
   64         (8) E911 FEE.—
   65         (a) Each voice communications services provider shall
   66  collect the fee described in this subsection. Each provider, as
   67  part of its monthly billing process, shall bill the fee as
   68  follows. The fee may shall not be assessed on any pay telephone
   69  in the state.
   70         1. Each voice communications service provider other than a
   71  wireless provider local exchange carrier shall bill the fee to a
   72  subscriber based on the number of access lines having access to
   73  the E911 system, the local exchange subscribers on a service
   74  identifier basis, up to a maximum of 25 access lines per account
   75  bill rendered.
   76         2. Each voice communications service provider other than a
   77  wireless provider shall bill the fee to a subscriber on a basis
   78  of five service-identified access lines for each digital
   79  transmission link, including primary rate interface service or
   80  equivalent Digital Signal 1 level service, which can be
   81  channelized and split into 23 or 24 voice or data grade channels
   82  for communications, up to a maximum of 25 access lines per
   83  account bill rendered.
   84         3.2. Except in the case of prepaid wireless service, each
   85  wireless provider shall bill the fee to a subscriber on a per
   86  service-identifier basis for service identifiers whose primary
   87  place of use is within this state. Before July 1, 2013, the fee
   88  may shall not be assessed on or collected from a provider with
   89  respect to an end user’s service if that end user’s service is a
   90  prepaid calling arrangement that is subject to s. 212.05(1)(e).
   91         a. A No E911 fee may not shall be collected from the sale
   92  of prepaid wireless service before prior to July 1, 2013.
   93         b. For purposes of this section, the term:
   94         (I) “Prepaid wireless service” means the right to access
   95  telecommunications services, which that must be paid for in
   96  advance and is sold in predetermined units or dollars enabling
   97  the originator to make calls such that the number of units or
   98  dollars declines with use in a known amount.
   99         (II) “Prepaid wireless service providers” includes those
  100  persons who sell prepaid wireless service regardless of its
  101  form, either as a retailer or reseller.
  102         4.3. The All voice communications services providers not
  103  addressed under subparagraphs 1., 2., and 3. 2. shall bill the
  104  fee on a per-service-identifier basis for service identifiers
  105  whose primary place of use is within the state up to a maximum
  106  of 25 service identifiers for each account bill rendered.
  107  
  108  The provider may list the fee as a separate entry on each bill,
  109  in which case the fee must be identified as a fee for E911
  110  services. A provider shall remit the fee to the board only if
  111  the fee is paid by the subscriber. If a provider receives a
  112  partial payment for a monthly bill from a subscriber, the amount
  113  received shall first be applied to the payment due the provider
  114  for providing voice communications service.
  115         (e) Effective September 1, 2007, voice communications
  116  services providers billing the fee to subscribers shall deliver
  117  revenues from the fee to the board within 60 days after the end
  118  of the month in which the fee was billed, together with a
  119  monthly report of the number of service identifiers in each
  120  county. Each wireless provider and other applicable provider
  121  identified in subparagraph (a)4. (a)3. shall report the number
  122  of service identifiers for subscribers whose place of primary
  123  use is in each county. All provider subscriber information
  124  provided to the board is subject to s. 365.174. If a provider
  125  chooses to remit any fee amounts to the board before they are
  126  paid by the subscribers, a provider may apply to the board for a
  127  refund of, or may take a credit for, any such fees remitted to
  128  the board which are not collected by the provider within 6
  129  months following the month in which the fees are charged off for
  130  federal income tax purposes as bad debt.
  131         (11) INDEMNIFICATION AND LIMITATION OF LIABILITY.—A local
  132  government may governments are authorized to undertake to
  133  indemnify local exchange carriers against liability in
  134  accordance with the published schedules lawfully filed tariffs
  135  of the company. Notwithstanding an indemnification agreement, a
  136  local exchange carrier, voice communications services provider,
  137  or other service provider that provides 911 or E911 service on a
  138  retail or wholesale basis is not liable for damages resulting
  139  from or in connection with 911 or E911 service, or for
  140  identification of the telephone number, or address, or name
  141  associated with any person accessing 911 or E911 service, unless
  142  the carrier or the voice communications services provider acted
  143  with malicious purpose or in a manner exhibiting wanton and
  144  willful disregard of the rights, safety, or property of a person
  145  when providing such services. A carrier or voice communications
  146  services provider is not liable for damages to any person
  147  resulting from or in connection with the carrier’s or provider’s
  148  provision of any lawful assistance to any investigative or law
  149  enforcement officer of the United States, this state, or a
  150  political subdivision thereof, or of any other state or
  151  political subdivision thereof, in connection with any lawful
  152  investigation or other law enforcement activity by such law
  153  enforcement officer. For purposes of this subsection, the term
  154  “provide 911 or E911 service” means to provide a
  155  telecommunications service, voice or nonvoice communications
  156  service, or other wireline or wireless service, including, but
  157  not limited to, a service using Internet protocol, which
  158  provides, in whole or in part, any of the following functions:
  159  providing members of the public with the ability to reach an
  160  answering point by using the digits 9-1-1; directing 911 calls
  161  to answering points by selective routing; providing for
  162  automatic number identification and automatic location
  163  identification features; or providing wireless E911 services as
  164  defined in an order.
  165         Section 2. Paragraph (e) of subsection (1) and subsection
  166  (3) of section 427.706, Florida Statutes, are amended to read:
  167         427.706 Advisory committee.—
  168         (1) The commission shall appoint an advisory committee to
  169  assist the commission with the implementation of the provisions
  170  of this part. The committee shall be composed of no more than 10
  171  persons and shall include, to the extent practicable, the
  172  following:
  173         (e) Two representatives of telecommunications companies,
  174  one representing a local exchange telecommunications company and
  175  one representing an interexchange telecommunications company,
  176  recommended by the Florida Telephone Association.
  177         (3) Members of the committee may shall not be compensated
  178  for their services but are shall be entitled to receive
  179  reimbursement for per diem and travel expenses as provided in s.
  180  112.061. The commission shall use funds from the Florida Public
  181  Service Regulatory Trust Fund to cover the costs incurred by
  182  members of the advisory committee.
  183         Section 3. This act shall take effect July 1, 2012.