Bill Text: FL S1418 | 2023 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Emergency Communications
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Passed) 2023-05-12 - Chapter No. 2023-55 [S1418 Detail]
Download: Florida-2023-S1418-Comm_Sub.html
Bill Title: Emergency Communications
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Passed) 2023-05-12 - Chapter No. 2023-55 [S1418 Detail]
Download: Florida-2023-S1418-Comm_Sub.html
Florida Senate - 2023 CS for CS for CS for SB 1418
By the Committee on Fiscal Policy; the Appropriations Committee
on Agriculture, Environment, and General Government; the
Committee on Regulated Industries; and Senator Bradley
594-04237-23 20231418c3
1 A bill to be entitled
2 An act relating to emergency communications; amending
3 s. 365.172, F.S.; revising the short title; revising
4 legislative intent; revising and providing
5 definitions; renaming the E911 Board as the Emergency
6 Communications Board; providing the purpose of the
7 board; revising the composition of the board;
8 establishing board responsibilities; requiring the
9 board to administer fees; authorizing the board to
10 create subcommittees; authorizing the board to
11 establish schedules for implementing certain NG911
12 systems and improvements; establishing notice and
13 publication requirements before distribution of grant
14 funds; providing for priority of county applications
15 for funds; requiring board oversight of such funds;
16 eliminating certain authority of the board; providing
17 for the board’s authority to implement changes to the
18 allocation percentages and adjust fees; revising the
19 frequency of board meetings; specifying that the
20 Division of Telecommunications within the Department
21 of Management Services must disburse funds to counties
22 and provide a monthly report of such disbursements;
23 revising the composition of a committee that reviews
24 requests for proposals from the board regarding
25 independent accounting firm selections; revising
26 provisions relating to the public safety emergency
27 communications systems fee; requiring uniform
28 application and imposition of the fee; revising the
29 factors that the board considers when setting
30 percentages or contemplating adjustments to the fee;
31 updating provisions relating to the prepaid wireless
32 public safety emergency communications systems fee;
33 revising emergency communications and 911 service
34 functions; revising the types of emergency
35 communications equipment and services that are
36 eligible for expenditure of moneys derived from the
37 fee; making technical changes; requiring that
38 decisions regarding expenditures for large-scale
39 projects be made in cooperation with specified
40 individuals; conforming cross-references; amending s.
41 365.173, F.S.; renaming the Communications Number E911
42 System Fund as the Emergency Communications Trust
43 Fund; revising the percent distribution of the fund to
44 be used exclusively for payment of certain authorized
45 expenditures; authorizing the board, pursuant to rule,
46 to withhold certain distributions of grant funds and
47 request a return of all or a portion of such funds
48 based on a financial audit; removing the percent
49 distribution to wireless providers; adding a specified
50 percent distribution to rural counties; amending s.
51 365.177, F.S.; extending the date by which the
52 Division of Telecommunications within the Department
53 of Management Services must develop a plan to upgrade
54 911 public safety answering points; specifying
55 components of the required plan; amending ss.
56 212.05965, 365.171, and 365.174, F.S.; conforming
57 provisions to changes made by the act; providing an
58 effective date.
59
60 Be It Enacted by the Legislature of the State of Florida:
61
62 Section 1. Section 365.172, Florida Statutes, is amended to
63 read:
64 365.172 Emergency communications. number “E911.”—
65 (1) SHORT TITLE.—This section may be cited as the
66 “Emergency Communications Number E911 Act.”
67 (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
68 to:
69 (a) Establish and implement a comprehensive statewide
70 emergency communications and response capability using modern
71 technologies and methods. telecommunications number system that
72 will provide users of voice communications services within the
73 state rapid direct access to public safety agencies by accessing
74 the telephone number “911.”
75 (b) Provide funds to counties to pay certain costs
76 associated with their public safety emergency response
77 capabilities and costs incurred to purchase, upgrade, and
78 maintain 911 systems, computer-aided dispatch, and systems to
79 create interoperable radio communications systems E911 or 911
80 systems, to contract for E911 services, and to reimburse
81 wireless telephone service providers for costs incurred to
82 provide 911 or E911 services.
83 (c) Levy a reasonable fee on users of voice communications
84 services, unless otherwise provided in this section, to
85 accomplish these purposes.
86 (d) Provide for an Emergency Communications Board E911
87 board to administer the fee, with oversight by the office, in a
88 manner that is competitively and technologically neutral as to
89 all voice communications services providers.
90 (e) Ensure that the fee established for emergency
91 communications systems is used exclusively for recovery by
92 wireless providers and by counties for costs associated with
93 developing and maintaining emergency communications E911 systems
94 and networks in a manner that is competitively and
95 technologically neutral as to all voice communications services
96 providers.
97
98 It is further the intent of the Legislature that the fee
99 authorized or imposed by this section not necessarily provide
100 the total funding required for establishing or providing
101 emergency communications systems and services E911 service.
102 (3) DEFINITIONS.—Only as used in this section and ss.
103 365.171, 365.173, 365.174, and 365.177, the term:
104 (a) “Authorized expenditures” means expenditures of the
105 fee, as specified in subsection (10).
106 (b) “Automatic location identification” means the
107 capability of the E911 service which enables the automatic
108 display of information that defines the approximate geographic
109 location of the wireless telephone, or the location of the
110 address of the wireline telephone, used to place a 911 call.
111 (c) “Automatic number identification” means the capability
112 of the E911 service which enables the automatic display of the
113 service number used to place a 911 call.
114 (d) “Board” or “Emergency Communications Board” “E911
115 Board” means the board of directors of the E911 Board
116 established in subsection (5).
117 (e) “Building permit review” means a review for compliance
118 with building construction standards adopted by the local
119 government under chapter 553 and does not include a review for
120 compliance with land development regulations.
121 (f) “Colocation” “Collocation” means the situation when a
122 second or subsequent wireless provider uses an existing
123 structure to locate a second or subsequent antennae. The term
124 includes the ground, platform, or roof installation of equipment
125 enclosures, cabinets, or buildings, and cables, brackets, and
126 other equipment associated with the location and operation of
127 the antennae.
128 (g) “Computer-Aided Dispatch” or “CAD” means a computerized
129 system within a public safety answering point for entering,
130 tracking, dispatching, and resolving requests for public safety
131 services.
132 (h)(g) “Designed service” means the configuration and
133 manner of deployment of service the wireless provider has
134 designed for an area as part of its network.
135 (i)(h) “Enhanced 911” or “E911” means an enhanced 911
136 system or enhanced 911 service that is an emergency telephone
137 system or service that provides a subscriber with 911 service
138 and, in addition, directs 911 calls to appropriate public safety
139 answering points by selective routing based on the geographical
140 location from which the call originated, or as otherwise
141 provided in the state plan under s. 365.171, and that provides
142 for automatic number identification and automatic location
143 identification features. The 911 E911 service provided by a
144 wireless provider means E911 as defined in the order.
145 (j)(i) “Existing structure” means a structure that exists
146 at the time an application for permission to place antennae on a
147 structure is filed with a local government. The term includes
148 any structure that can structurally support the attachment of
149 antennae in compliance with applicable codes.
150 (k)(j) “Fee” or “public safety emergency communications
151 systems fee” means the E911 fee authorized and imposed under
152 subsections (8) and (9).
153 (l)(k) “Fund” means the Emergency Communications Trust
154 Number E911 System Fund established in s. 365.173 and maintained
155 under this section for the purpose of recovering the costs
156 associated with providing emergency communications services 911
157 service or E911 service, including the costs of implementing the
158 order. The fund shall be segregated into wireless, prepaid
159 wireless, and nonwireless categories.
160 (m)(l) “Historic building, structure, site, object, or
161 district” means any building, structure, site, object, or
162 district that has been officially designated as a historic
163 building, historic structure, historic site, historic object, or
164 historic district through a federal, state, or local designation
165 program.
166 (n)(m) “Land development regulations” means any ordinance
167 enacted by a local government for the regulation of any aspect
168 of development, including an ordinance governing zoning,
169 subdivisions, landscaping, tree protection, or signs, the local
170 government’s comprehensive plan, or any other ordinance
171 concerning any aspect of the development of land. The term does
172 not include any building construction standard adopted under and
173 in compliance with chapter 553.
174 (o)(n) “Local exchange carrier” means a “competitive local
175 exchange telecommunications company” or a “local exchange
176 telecommunications company” as defined in s. 364.02.
177 (p)(o) “Local government” means any municipality, county,
178 or political subdivision or agency of a municipality, county, or
179 political subdivision.
180 (q)(p) “Medium county” means any county that has a
181 population of 75,000 or more but less than 750,000.
182 (r)(q) “Mobile telephone number” or “MTN” means the
183 telephone number assigned to a wireless telephone at the time of
184 initial activation.
185 (s) “Next Generation 911” or “NG911” means an Internet
186 Protocol(IP)-based system composed of managed Emergency Services
187 IP Networks (ESInet), functional elements (applications), and
188 databases that replicate traditional E911 features and functions
189 and provide additional capabilities. The NG911 system is
190 designed to provide access to emergency services from all
191 connected communications sources and provide multimedia data
192 capabilities for PSAPs and other emergency service
193 organizations.
194 (t)(r) “Nonwireless category” means the revenues to the
195 fund received from voice communications services providers other
196 than wireless providers.
197 (u)(s) “Office” means the Division of Telecommunications
198 within the Department of Management Services, as designated by
199 the secretary of the department.
200 (v)(t) “Order” means:
201 1. The following orders and rules of the Federal
202 Communications Commission issued in FCC Docket No. 94-102:
203 a. Order adopted on June 12, 1996, with an effective date
204 of October 1, 1996, the amendments to s. 20.03 and the creation
205 of s. 20.18 of Title 47 of the Code of Federal Regulations
206 adopted by the Federal Communications Commission pursuant to
207 such order.
208 b. Memorandum and Order No. FCC 97-402 adopted on December
209 23, 1997.
210 c. Order No. FCC DA 98-2323 adopted on November 13, 1998.
211 d. Order No. FCC 98-345 adopted December 31, 1998.
212 2. Orders and rules subsequently adopted by the Federal
213 Communications Commission relating to the provision of 911
214 services, including Order Number FCC-05-116, adopted May 19,
215 2005.
216 (w)(u) “Prepaid wireless category” means all revenues in
217 the fund received through the Department of Revenue from the fee
218 authorized and imposed under subsection (9).
219 (x)(v) “Prepaid wireless service” means a right to access
220 wireless service that allows a caller to contact and interact
221 with 911 to access the 911 system, which service must be paid
222 for in advance and is sold in predetermined units or dollars,
223 which units or dollars expire on a predetermined schedule or are
224 decremented on a predetermined basis in exchange for the right
225 to access wireless service.
226 (y)(w) “Public agency” means the state and any
227 municipality, county, municipal corporation, or other
228 governmental entity, public district, or public authority
229 located in whole or in part within this state which provides, or
230 has authority to provide, firefighting, law enforcement,
231 ambulance, medical, or other emergency services.
232 (z)(x) “Public safety agency” means a functional division
233 of a public agency which provides firefighting, law enforcement,
234 medical, or other emergency services.
235 (aa)(y) “Public safety answering point,” “PSAP,” or
236 “answering point” means the public safety agency that receives
237 incoming 911 requests for assistance and dispatches appropriate
238 public safety agencies to respond to the requests in accordance
239 with the state E911 plan.
240 (bb)(z) “Rural county” means any county that has a
241 population of fewer than 75,000.
242 (cc)(aa) “Service identifier” means the service number,
243 access line, or other unique identifier assigned to a subscriber
244 and established by the Federal Communications Commission for
245 purposes of routing calls whereby the subscriber has access to
246 the E911 system.
247 (dd)(bb) “Tower” means any structure designed primarily to
248 support a wireless provider’s antennae.
249 (ee)(cc) “Voice communications services” means two-way
250 voice service, through the use of any technology, which actually
251 provides access to 911 E911 services, and includes
252 communications services, as defined in s. 202.11, which actually
253 provide access to 911 E911 services and which are required to be
254 included in the provision of 911 E911 services pursuant to
255 orders and rules adopted by the Federal Communications
256 Commission. The term includes voice-over-Internet-protocol
257 service. For the purposes of this section, the term “voice-over
258 Internet-protocol service” or “VoIP service” means
259 interconnected VoIP services having the following
260 characteristics:
261 1. The service enables real-time, two-way voice
262 communications;
263 2. The service requires a broadband connection from the
264 user’s locations;
265 3. The service requires IP-compatible customer premises
266 equipment; and
267 4. The service offering allows users generally to receive
268 calls that originate on the public switched telephone network
269 and to terminate calls on the public switched telephone network.
270 (ff)(dd) “Voice communications services provider” or
271 “provider” means any person or entity providing voice
272 communications services, except that the term does not include
273 any person or entity that resells voice communications services
274 and was assessed the fee authorized and imposed under subsection
275 (8) by its resale supplier.
276 (gg)(ee) “Wireless 911 system” or “wireless 911 service”
277 means an emergency telephone system or service that provides a
278 subscriber with the ability to reach an answering point by
279 accessing the digits 911.
280 (hh)(ff) “Wireless category” means the revenues to the fund
281 received from a wireless provider from the fee authorized and
282 imposed under subsection (8).
283 (ii)(gg) “Wireless communications facility” means any
284 equipment or facility used to provide service and may include,
285 but is not limited to, antennae, towers, equipment enclosures,
286 cabling, antenna brackets, and other such equipment. Placing a
287 wireless communications facility on an existing structure does
288 not cause the existing structure to become a wireless
289 communications facility.
290 (jj)(hh) “Wireless provider” means a person who provides
291 wireless service and:
292 1. Is subject to the requirements of the order; or
293 2. Elects to provide wireless 911 service, or E911 service,
294 or NG911 service in this state.
295 (kk)(ii) “Wireless service” means “commercial mobile radio
296 service” as provided under ss. 3(27) and 332(d) of the Federal
297 Telecommunications Act of 1996, 47 U.S.C. ss. 151 et seq., and
298 the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103
299 66, August 10, 1993, 107 Stat. 312. The term includes service
300 provided by any wireless real-time two-way wire communication
301 device, including radio-telephone communications used in
302 cellular telephone service; personal communications service; or
303 the functional or competitive equivalent of a radio-telephone
304 communications line used in cellular telephone service, a
305 personal communications service, or a network radio access line.
306 The term does not include wireless providers that offer mainly
307 dispatch service in a more localized, noncellular configuration;
308 providers offering only data, one-way, or stored-voice services
309 on an interconnected basis; providers of air-to-ground services;
310 or public coast stations.
311 (4) POWERS AND DUTIES OF THE OFFICE.—The office shall
312 oversee the administration of the fee authorized and imposed
313 under subsections (8) and (9).
314 (5) THE EMERGENCY COMMUNICATIONS E911 BOARD.—
315 (a) The Emergency Communications E911 Board is established,
316 with oversight by the office, to:
317 1. Promote interoperability between public safety answering
318 points by providing guidance and direction to counties and state
319 agencies that operate 911 centers for the deployment of
320 emergency communications infrastructure and the handling of
321 emergency communications information, such as voice, text, data,
322 and images, from receipt at a PSAP to dispatching to responders.
323 2. Establish and administer allocations from the fund
324 dedicated to investing in public safety communications and
325 technology for 911.
326 3. Provide technical assistance and guidance to rural
327 counties as needed.
328 (b) Public safety funding under paragraph (a) must focus
329 on, but need not be limited to:
330 1. Next Generation 911.
331 2. Emergency Services IP Network (ESInet).
332 3. Computer-Aided Dispatch.
333 4. PSAP technology to interface with:
334 a. Land Mobile Radio (LMR).
335 b. Smart city technology data.
336 c. In-building coverage.
337 5. Emergency communications broadband networks.
338 6. Cybersecurity
339 to administer, with oversight by the office, the fee imposed
340 under subsections (8) and (9), including receiving revenues
341 derived from the fee; distributing portions of the revenues to
342 wireless providers, counties, and the office; accounting for
343 receipts, distributions, and income derived by the funds
344 maintained in the fund; and providing annual reports to the
345 Governor and the Legislature for submission by the office on
346 amounts collected and expended, the purposes for which
347 expenditures have been made, and the status of E911 service in
348 this state. In order to advise and assist the office in
349 implementing the purposes of this section, the board, which has
350 the power of a body corporate, has the powers enumerated in
351 subsection (6).
352 (c)(b) The board shall consist of nine 11 members, one of
353 whom must be the system director designated under s. 365.171(5),
354 or his or her designee, who shall serve as the chair of the
355 board. The remaining eight 10 members of the board shall be
356 appointed by the Governor. All members must be residents of this
357 state. The board must be composed of four county 911
358 coordinators, with consideration given to rural, medium, and
359 large counties, and four members from fields that include, but
360 are not limited to, law enforcement, fire response, emergency
361 medical services, public safety dispatch, and
362 telecommunications. The Florida Sheriffs Association, the
363 Florida Police Chiefs Association, and the Florida Association
364 of Counties, in consultation with the county 911 coordinators,
365 may provide recommendations to the Governor for the appointment
366 of the board members and must be composed of 5 county 911
367 coordinators, consisting of a representative from a rural
368 county, a representative from a medium county, a representative
369 from a large county, and 2 at-large representatives recommended
370 by the Florida Association of Counties in consultation with the
371 county 911 coordinators; 3 local exchange carrier member
372 representatives, one of whom must be a representative of the
373 local exchange carrier having the greatest number of access
374 lines in the state and one of whom must be a representative of a
375 certificated competitive local exchange telecommunications
376 company; and 2 member representatives from the wireless
377 telecommunications industry, with consideration given to
378 wireless providers that are not affiliated with local exchange
379 carriers. Not more than one member may be appointed to represent
380 any single provider on the board.
381 (d)(c) The system director, designated under s. 365.171(5),
382 or his or her designee, must be a permanent member of the board.
383 Each of the remaining eight 10 members of the board shall be
384 appointed to a 4-year term and may not be appointed to more than
385 two successive terms. However, for the purpose of staggering
386 terms, three two of the original board members shall be
387 appointed to terms of 4 years, three two shall be appointed to
388 terms of 3 years, and two four shall be appointed to terms of 2
389 years, as designated by the Governor. A vacancy on the board
390 shall be filled in the same manner as the original appointment.
391 Current 911 coordinators serving on the board must complete
392 their terms while other positions must be filled immediately.
393 (e) The board shall advocate and develop policy
394 recommendations for ensuring interoperability of and
395 connectivity between public safety communications systems within
396 the state, including, but not limited to, recommendations
397 related to the following:
398 1. Call routing accuracy and timeliness of response.
399 2. Improved interagency communication and situational
400 awareness.
401 3. Improved interagency system connectivity.
402 4. Improved response times.
403 5. Maximized use of emerging technologies.
404 6. Improved lifecycle management of the systems, equipment,
405 and services that enable responders and public safety officials
406 to share information securely.
407 7. Governance, policy, and procedure across public safety
408 agencies.
409 8. Establishment of resilient and secure emergency
410 communications systems to reduce cybersecurity threats and
411 vulnerabilities.
412 (f) The board shall administer the fee imposed under
413 subsections (8) and (9), including receiving revenues derived
414 from the fee; distributing portions of the revenues to counties
415 and the office; accounting for receipts, distributions, and
416 income derived by the funds maintained in the fund; and
417 providing annual reports for review and submission to the
418 Governor and the Legislature on amounts collected and expended,
419 the purposes for which expenditures have been made, and the
420 status of emergency communications services in this state.
421 (g) The board may create subcommittees to advise the board,
422 as needed.
423 (6) AUTHORITY OF THE BOARD; ANNUAL REPORT.—
424 (a) The board shall:
425 1. Administer the public safety emergency communications
426 systems E911 fee.
427 2. Implement, maintain, and oversee the fund.
428 3. Review and oversee the disbursement of the revenues
429 deposited into the fund as provided in s. 365.173.
430 a. The board may establish a schedule for implementing
431 NG911 systems, public safety radio communications systems, and
432 other public safety communications improvements wireless E911
433 service by service area, and prioritize disbursements of
434 revenues from the fund to providers and rural counties as
435 provided in s. 365.173(2)(f) s. 365.173(2)(e) and (g) pursuant
436 to the schedule, in order to implement 911 E911 services in the
437 most efficient and cost-effective manner.
438 b. For grants made available under s. 365.173(2)(g), the
439 board shall provide 90 days’ written notice to all counties and
440 publish electronically an approved application process.
441 Applications must be prioritized based on the availability of
442 grant funds, current system life expectancy, and system
443 replacement needs. The board shall take all actions within its
444 authority to ensure that county recipients of such funds use
445 these funds only for the purpose for which they have been
446 provided and may take any actions within its authority to secure
447 county repayment of revenues upon a determination that the funds
448 were not used for the purpose for which the funds were
449 disbursed.
450 b. Revenues in the fund which have not been disbursed
451 because sworn invoices as required by s. 365.173(2)(e) have not
452 been submitted to the board may be used by the board as needed
453 to provide grants to counties for the purpose of upgrading E911
454 systems. The counties must use the funds only for capital
455 expenditures or remotely provided hosted 911 answering point
456 call-taking equipment and network services directly attributable
457 to establishing and provisioning E911 services, which may
458 include next-generation deployment. Prior to the distribution of
459 grants, the board shall provide 90 days’ written notice to all
460 counties and publish electronically an approved application
461 process. County grant applications shall be prioritized based on
462 the availability of funds, current system life expectancy,
463 system replacement needs, and Phase II compliance per the
464 Federal Communications Commission. No grants will be available
465 to any county for next-generation deployment until all counties
466 are Phase II complete. The board shall take all actions within
467 its authority to ensure that county recipients of such grants
468 use these funds only for the purpose under which they have been
469 provided and may take any actions within its authority to secure
470 county repayment of grant revenues upon determination that the
471 funds were not used for the purpose under which they were
472 provided.
473 c. When determining the funding provided in a state 911
474 grant application request, the board shall take into account
475 information on the amount of carryforward funds retained by the
476 counties. The information will be based on the amount of county
477 carryforward funds reported in the financial audit required in
478 s. 365.173(2)(d). E911 State Grant Program funding requests will
479 be limited by any county carryforward funds in excess of the
480 allowable 30 percent amount of fee revenue calculated on a 2
481 year basis.
482 d. The board shall reimburse all costs of a wireless
483 provider in accordance with s. 365.173(2)(e) before taking any
484 action to transfer additional funds.
485 e. After taking the action required in sub-subparagraphs
486 a.-d., the board may review and, with all members participating
487 in the vote, adjust the percentage allocations or adjust the
488 amount of the fee as provided under paragraph (8)(g), and, if
489 the board determines that the revenues in the wireless category
490 exceed the amount needed to reimburse wireless providers for the
491 cost to implement E911 services, the board may transfer revenue
492 to the counties from the existing funds within the wireless
493 category. The board shall disburse the funds equitably to all
494 counties using a timeframe and distribution methodology
495 established by the board.
496 4. Review documentation submitted by wireless providers
497 which reflects current and projected funds derived from the fee.
498 , and the expenses incurred and expected to be incurred in order
499 to comply with the E911 service requirements contained in the
500 order for the purposes of:
501 a. Ensuring that wireless providers receive fair and
502 equitable distributions of funds from the fund.
503 b. Ensuring that wireless providers are not provided
504 disbursements from the fund which exceed the costs of providing
505 E911 service, including the costs of complying with the order.
506 c. Ascertaining the projected costs of compliance with the
507 requirements of the order and projected collections of the fee.
508 d. Implementing changes to the allocation percentages or
509 adjusting the fee under paragraph (8)(h).
510 5. Implement changes to the allocation percentages or
511 adjust the fee pursuant to s. 365.173.
512 6.5. Meet monthly in the most efficient and cost-effective
513 manner, including telephonically when practical, for the
514 business to be conducted. The office shall administer the
515 disbursement of funds to counties and provide a monthly report
516 of such disbursements to the board, to review and approve or
517 reject, in whole or in part, applications submitted by wireless
518 providers for recovery of moneys deposited into the wireless
519 category, and to authorize the transfer of, and distribute, the
520 fee allocation to the counties.
521 7.6. Hire and retain employees, which may include an
522 independent executive director who shall possess experience in
523 the area of telecommunications and emergency 911 issues, for the
524 purposes of performing the technical and administrative
525 functions for the board.
526 8.7. Make and enter into contracts, pursuant to chapter
527 287, and execute other instruments necessary or convenient for
528 the exercise of the powers and functions of the board.
529 9.8. Sue and be sued, and appear and defend in all actions
530 and proceedings, in its corporate name to the same extent as a
531 natural person.
532 10.9. Adopt, use, and alter a common corporate seal.
533 11.10. Elect or appoint the officers and agents that are
534 required by the affairs of the board.
535 12.11. The board may adopt rules under ss. 120.536(1) and
536 120.54 to implement this section and ss. 365.173 and 365.174.
537 13.12. Provide coordination, support, and technical
538 assistance to counties to promote the deployment of advanced
539 public safety emergency communications 911 and E911 systems in
540 the state.
541 14.13. Provide coordination and support for educational
542 opportunities related to 911 E911 issues for the public safety
543 emergency communications E911 community in this state.
544 15.14. Act as an advocate for issues related to public
545 safety emergency communications E911 system functions, features,
546 and operations to improve the delivery of public safety
547 emergency communications E911 services to the residents of and
548 visitors to this state.
549 16.15. Coordinate input from this state at national forums
550 and associations, to ensure that policies related to public
551 safety emergency communications E911 systems and services are
552 consistent with the policies of the public safety emergency
553 communications E911 community in this state.
554 17.16. Work cooperatively with the system director
555 established in s. 365.171(5) to enhance the state of public
556 safety emergency communications E911 services in this state and
557 to provide unified leadership for all public safety emergency
558 communications E911 issues through planning and coordination.
559 18.17. Do all acts and things necessary or convenient to
560 carry out the powers granted in this section in a manner that is
561 competitively and technologically neutral as to all voice
562 communications services providers, including, but not limited
563 to, consideration of emerging technology and related cost
564 savings, while taking into account embedded costs in current
565 systems.
566 19.18. Have the authority to secure the services of an
567 independent, private attorney via invitation to bid, request for
568 proposals, invitation to negotiate, or professional contracts
569 for legal services already established at the Division of
570 Purchasing of the Department of Management Services.
571 (b) Board members shall serve without compensation;
572 however, members are entitled to per diem and travel expenses as
573 provided in s. 112.061.
574 (c) By February 28 of each year, the board shall prepare a
575 report for submission by the office to the Governor, the
576 President of the Senate, and the Speaker of the House of
577 Representatives which addresses for the immediately preceding
578 state fiscal year and county fiscal year:
579 1. The annual receipts, including the total amount of fee
580 revenues collected by each provider, the total disbursements of
581 money in the fund, including the amount of fund-reimbursed
582 expenses incurred by each wireless provider to comply with the
583 order, and the amount of moneys on deposit in the fund.
584 2. Whether the amount of the fee and the allocation
585 percentages set forth in s. 365.173 have been or should be
586 adjusted to comply with the requirements of the order or other
587 provisions of this chapter, and the reasons for making or not
588 making a recommended adjustment to the fee.
589 3. Any other issues related to providing emergency
590 communications E911 services.
591 4. The status of emergency communications E911 services in
592 this state.
593 (7) REQUEST FOR PROPOSALS FOR INDEPENDENT ACCOUNTING FIRM.—
594 (a) The board shall issue a request for proposals as
595 provided in chapter 287 for the purpose of retaining an
596 independent accounting firm. The independent accounting firm
597 shall perform all material administrative and accounting tasks
598 and functions required for administering the fee. The request
599 for proposals must include, but need not be limited to:
600 1. A description of the scope and general requirements of
601 the services requested.
602 2. A description of the specific accounting and reporting
603 services required for administering the fund, including
604 processing checks and distributing funds as directed by the
605 board under s. 365.173.
606 3. A description of information to be provided by the
607 proposer, including the proposer’s background and qualifications
608 and the proposed cost of the services to be provided.
609 (b) The board shall establish a committee to review
610 requests for proposals which must include the statewide
611 emergency communications systems E911 system director designated
612 under s. 365.171(5), or his or her designee, and two members of
613 the board, one of whom is a county 911 coordinator and one of
614 whom represents a voice communications services provider. The
615 review committee shall review the proposals received by the
616 board and recommend an independent accounting firm to the board
617 for final selection. By agreeing to serve on the review
618 committee, each member of the review committee shall verify that
619 he or she does not have any interest or employment, directly or
620 indirectly, with potential proposers which conflicts in any
621 manner or degree with his or her performance on the committee.
622 (c) The board may secure the services of an independent
623 accounting firm via invitation to bid, request for proposals,
624 invitation to negotiate, or professional contracts already
625 established at the Division of Purchasing, Department of
626 Management Services, for certified public accounting firms, or
627 the board may hire and retain professional accounting staff to
628 accomplish these functions.
629 (8) PUBLIC SAFETY EMERGENCY COMMUNICATIONS SYSTEMS E911
630 FEE.—
631 (a) Each voice communications services provider shall
632 collect the fee described in this subsection, except that the
633 fee for prepaid wireless service shall be collected in the
634 manner set forth in subsection (9). Each provider, as part of
635 its monthly billing process, shall bill the fee as follows. The
636 fee may shall not be assessed on any pay telephone in the state.
637 1. Each voice communications service provider other than a
638 wireless provider shall bill the fee to a subscriber based on
639 the number of access lines having access to the 911 E911 system,
640 on a service-identifier basis, up to a maximum of 25 access
641 lines per account bill rendered.
642 2. Each voice communications service provider other than a
643 wireless provider shall bill the fee to a subscriber on a basis
644 of five service-identified access lines for each digital
645 transmission link, including primary rate interface service or
646 equivalent Digital-Signal-1-level service, which can be
647 channelized and split into 23 or 24 voice-grade or data-grade
648 channels for communications, up to a maximum of 25 access lines
649 per account bill rendered.
650 3. Except in the case of prepaid wireless service, each
651 wireless provider shall bill the fee to a subscriber on a per
652 service-identifier basis for service identifiers whose primary
653 place of use is within this state. The fee may shall not be
654 assessed on or collected from a provider with respect to an end
655 user’s service if that end user’s service is a prepaid wireless
656 service sold before January 1, 2015.
657 4. Except in the case of prepaid wireless service, each
658 voice communications services provider not addressed under
659 subparagraphs 1., 2., and 3. shall bill the fee on a per
660 service-identifier basis for service identifiers whose primary
661 place of use is within the state up to a maximum of 25 service
662 identifiers for each account bill rendered.
663
664 The provider may list the fee as a separate entry on each bill,
665 in which case the fee must be identified as a fee for 911 E911
666 services. A provider shall remit the fee to the board only if
667 the fee is paid by the subscriber. If a provider receives a
668 partial payment for a monthly bill from a subscriber, the amount
669 received shall first be applied to the payment due the provider
670 for providing voice communications service.
671 (b) A provider is not obligated to take any legal action to
672 enforce collection of the fees for which any subscriber is
673 billed. A county subscribing to 911 service remains liable to
674 the provider delivering the 911 service or equipment for any 911
675 service, equipment, operation, or maintenance charge owed by the
676 county to the provider.
677 (c) For purposes of this subsection, the state and local
678 governments are not subscribers.
679 (d) Each provider may retain 1 percent of the amount of the
680 fees collected as reimbursement for the administrative costs
681 incurred by the provider to bill, collect, and remit the fee.
682 The remainder shall be delivered to the board and deposited by
683 the board into the fund. The board shall distribute the
684 remainder pursuant to s. 365.173.
685 (e) Voice communications services providers billing the fee
686 to subscribers shall deliver revenues from the fee to the board
687 within 60 days after the end of the month in which the fee was
688 billed, together with a monthly report of the number of service
689 identifiers in each county. Each wireless provider and other
690 applicable provider identified in subparagraph (a)4. shall
691 report the number of service identifiers for subscribers whose
692 place of primary use is in each county. All provider subscriber
693 information provided to the board is subject to s. 365.174. If a
694 provider chooses to remit any fee amounts to the board before
695 they are paid by the subscribers, a provider may apply to the
696 board for a refund of, or may take a credit for, any such fees
697 remitted to the board which are not collected by the provider
698 within 6 months following the month in which the fees are
699 charged off for federal income tax purposes as bad debt.
700 (f) The rate of the fee may not exceed 50 cents per month
701 for each service identifier. Effective January 1, 2015, the fee
702 shall be 40 cents per month for each service identifier. The fee
703 shall apply uniformly and be imposed throughout the state,
704 except for those counties that, before July 1, 2007, had adopted
705 an ordinance or resolution establishing a fee less than 50 cents
706 per month per access line. In those counties the fee established
707 by ordinance may be changed only to the uniform statewide rate
708 no sooner than 30 days after notification is made by the
709 county’s board of county commissioners to the board.
710 (g) The board may adjust the allocation percentages for
711 distribution of the fund as provided in s. 365.173. No sooner
712 than June 1, 2015, the board may adjust the rate of the fee
713 under paragraph (f) based on the criteria in this paragraph and
714 paragraph (h). Any adjustment in the rate must be approved by a
715 two-thirds vote of the total number of E911 board members. When
716 setting the percentages or contemplating any adjustments to the
717 fee, the board shall consider the following:
718 1. The revenues currently allocated for wireless service
719 provider costs for implementing E911 service and projected costs
720 for implementing E911 service, including recurring costs for
721 Phase I and Phase II and the effect of new technologies;
722 1.2. The appropriate level of funding needed to fund the
723 rural grant program provided for in s. 365.173(2)(f) s.
724 365.173(2)(g); and
725 2.3. The need to fund statewide, regional, and county
726 grants in accordance with sub-subparagraph (6)(a)3.b. and s.
727 365.173(2)(g) s. 365.173(2)(h).
728 (h) The board may adjust the allocation percentages or
729 adjust the amount of the fee as provided in paragraph (g) if
730 necessary to ensure full cost recovery or prevent over recovery
731 overrecovery of costs incurred in the provision of 911 E911
732 service, including costs incurred or projected to be incurred to
733 comply with the order. Any new allocation percentages or reduced
734 or increased fee may not be adjusted for 1 year. In no event
735 shall the fee exceed 50 cents per month for each service
736 identifier. The fee, and any board adjustment of the fee, shall
737 be uniform throughout the state, except for the counties
738 identified in paragraph (f). No less than 90 days before the
739 effective date of any adjustment to the fee, the board shall
740 provide written notice of the adjusted fee amount and effective
741 date to each voice communications services provider from which
742 the board is then receiving the fee.
743 (i) It is the intent of the Legislature that all revenue
744 from the fee be used as specified in s. 365.173(2)(a)-(h) s.
745 365.173(2)(a)-(i).
746 (j) State and local taxes do not apply to the fee. The
747 amount of the E911 fee collected by a provider may not be
748 included in the base for imposition of any tax, fee, surcharge,
749 or other charge imposed by this state, any political subdivision
750 of this state, or any intergovernmental agency.
751 (k) A local government may not levy the fee or any
752 additional fee on providers or subscribers for the provision of
753 911 E911 service.
754 (l) For purposes of this section, the definitions contained
755 in s. 202.11 and the provisions of s. 202.155 apply in the same
756 manner and to the same extent as the definitions and provisions
757 apply to the taxes levied under chapter 202 on mobile
758 communications services.
759 (9) PREPAID WIRELESS PUBLIC SAFETY EMERGENCY COMMUNICATIONS
760 SYSTEMS E911 FEE.—
761 (a) Effective January 1, 2015, a prepaid wireless E911 fee
762 is imposed per retail transaction at the rate established in
763 paragraph (8)(f). In order to allow sellers of all sizes and
764 technological capabilities adequate time to comply with this
765 subsection, a seller of prepaid wireless service operating in
766 this state before the prepaid wireless E911 fee is imposed shall
767 retain 100 percent of the fee collected under this paragraph for
768 the first 2 months to offset the cost of setup.
769 (b) Effective March 1, 2015, the prepaid wireless E911 fee
770 imposed under paragraph (a) shall be subject to remittance in
771 accordance with paragraph (g). In no event shall the fee exceed
772 50 cents for each retail transaction. At least 90 days before
773 the effective date of any adjustment to the fee under paragraph
774 (8)(g), the Department of Revenue shall provide written notice
775 of the adjusted fee amount and its effective date to each seller
776 from which the department is then receiving the fee. At least
777 120 days before the effective date of any adjustment to the fee
778 imposed under this subsection, the board shall provide notice to
779 the Department of Revenue of the adjusted fee amount and
780 effective date of the adjustment.
781 (c) The prepaid wireless E911 fee shall be collected by the
782 seller from the consumer with respect to each retail transaction
783 occurring in this state. The amount of the prepaid wireless E911
784 fee shall be separately stated on an invoice, receipt, or other
785 similar document that is provided to the consumer by the seller
786 or otherwise disclosed to the consumer.
787 (d) For purposes of paragraph (c), a retail transaction
788 that takes place in person by a consumer at a business location
789 of the seller shall be treated as occurring in this state if
790 that business location is in this state. Such transaction is
791 deemed to have occurred in the county of the business location.
792 When a retail transaction does not take place at the seller’s
793 business location, the transaction shall be treated as taking
794 place at the consumer’s shipping address or, if no item is
795 shipped, at the consumer’s address or the location associated
796 with the consumer’s mobile telephone number. Such transaction is
797 deemed to have occurred in the county of the consumer’s shipping
798 address when items are shipped to the consumer or, when no items
799 are shipped, the county of the consumer’s address or the
800 location associated with the consumer’s mobile telephone number.
801 A transaction for which the specific Florida county cannot be
802 determined shall be treated as nonspecific.
803 (e) If a prepaid wireless device is sold for a single,
804 nonitemized price with a prepaid wireless service of 10 minutes
805 or less or $5 or less, the seller may elect not to apply the
806 prepaid wireless E911 fee to the transaction.
807 (f) The amount of the prepaid wireless E911 fee that is
808 collected by a seller from a consumer and that is separately
809 stated on an invoice, receipt, or similar document provided to
810 the consumer by the seller, may not be included in the base for
811 imposition of any tax, fee, surcharge, or other charge that is
812 imposed by this state, any political subdivision of this state,
813 or any intergovernmental agency.
814 (g) Beginning April 1, 2015, each seller shall file a
815 return and remit the prepaid wireless E911 fees collected in the
816 previous month to the Department of Revenue on or before the
817 20th day of the month. If the 20th day falls on a Saturday,
818 Sunday, or legal holiday, payments accompanied by returns are
819 due on the next succeeding day that is not a Saturday, Sunday,
820 or legal holiday observed by federal or state agencies as
821 defined in chapter 683 and s. 7503 of the Internal Revenue Code
822 of 1986, as amended. A seller may remit the prepaid wireless
823 E911 fee by electronic funds transfer and file a fee return with
824 the Department of Revenue that is initiated through an
825 electronic data interchange.
826 1. When a seller is authorized by the Department of Revenue
827 pursuant to s. 212.11(1)(c) or (d) to file a sales and use tax
828 return on a quarterly, semiannual, or annual reporting basis,
829 the seller may file a return and remit the prepaid wireless E911
830 fees on or before the 20th day of the month following the
831 authorized reporting period for sales and use tax.
832 2. A seller collecting less than $50 per month of prepaid
833 wireless E911 fees may file a quarterly return for the calendar
834 quarters ending in March, June, September, and December. The
835 seller must file a return and remit the prepaid wireless E911
836 fees collected during each calendar quarter on or before the
837 20th day of the month following that calendar quarter.
838 3. A seller must provide the following information on each
839 prepaid wireless E911 fee return filed with the Department of
840 Revenue:
841 a. The seller’s name, federal identification number,
842 taxpayer identification number issued by the Department of
843 Revenue, business location address and mailing address, and
844 county of the business location in accordance with paragraph
845 (d);
846 b. The reporting period;
847 c. The number of prepaid wireless services sold during the
848 reporting period;
849 d. The amount of prepaid wireless E911 fees collected and
850 the amount of any adjustments to the fees collected;
851 e. The amount of any retailer collection allowance deducted
852 from the amount of prepaid wireless E911 fees collected; and
853 f. The amount to be remitted to the Department of Revenue.
854 4. A seller who operates two or more business locations for
855 which returns are required to be filed with the Department of
856 Revenue may file a consolidated return reporting and remitting
857 the prepaid wireless E911 fee for all business locations. Such
858 sellers must report the prepaid wireless E911 fees collected in
859 each county, in accordance with paragraph (d), on a reporting
860 schedule filed with the fee return.
861 5. A return is not required for a reporting period when no
862 prepaid wireless E911 fee is to be remitted for that period.
863 6. Except as provided in this section, the Department of
864 Revenue shall administer, collect, and enforce the fee under
865 this subsection pursuant to the same procedures used in the
866 administration, collection, and enforcement of the general state
867 sales tax imposed under chapter 212. The provisions of chapter
868 212 regarding authority to audit and make assessments, keeping
869 of books and records, and interest and penalties on delinquent
870 fees shall apply. The provisions of estimated tax liability in
871 s. 212.11(1)(a) do not apply to the prepaid wireless E911 fee.
872 (h) A seller of prepaid wireless services in this state
873 must register with the Department of Revenue for each place of
874 business as required by s. 212.18(3) and the Department of
875 Revenue’s administrative rule regarding registration as a sales
876 and use tax dealer. A separate application is required for each
877 place of business. A valid certificate of registration issued by
878 the Department of Revenue to a seller for sales and use tax
879 purposes is sufficient for purposes of the registration
880 requirement of this subsection. There is no fee for registration
881 for remittance of the prepaid wireless E911 fee.
882 (i) The Department of Revenue shall deposit the funds
883 remitted under this subsection into the Audit and Warrant
884 Clearing Trust Fund established in s. 215.199 and retain up to
885 3.2 percent of the funds remitted under this subsection to
886 reimburse its direct costs of administering the collection and
887 remittance of prepaid wireless E911 fees. Thereafter, the
888 Department of Revenue shall transfer all remaining funds
889 remitted under this subsection to the Emergency Communications
890 Trust Number E911 System Fund monthly for use as provided in s.
891 365.173.
892 (j) Beginning March 1, 2015, a seller may retain 5 percent
893 of the prepaid wireless E911 fees that are collected by the
894 seller from consumers as a retailer collection allowance.
895 (k) A provider or seller of prepaid wireless service is not
896 liable for damages to any person resulting from or incurred in
897 connection with providing or failing to provide emergency
898 communications and 911 or E911 service or for identifying or
899 failing to identify the telephone number, address, location, or
900 name associated with any person or device that is accessing or
901 attempting to access emergency communications and 911 or E911
902 service.
903 (l) A provider or seller of prepaid wireless service is not
904 liable for damages to any person resulting from or incurred in
905 connection with providing any lawful assistance to any
906 investigative or law enforcement officer of the United States,
907 any state, or any political subdivision of any state in
908 connection with any lawful investigation or other law
909 enforcement activity by such law enforcement officer.
910 (m) The limitations of liability under this subsection for
911 providers and sellers are in addition to any other limitation of
912 liability provided for under this section.
913 (n) A local government may not levy the fee or any
914 additional fee on providers or sellers of prepaid wireless
915 service for the provision of 911 E911 service.
916 (o) For purposes of this section, the state and local
917 governments are not consumers.
918 (p) For purposes of this subsection, the term:
919 1. “Consumer” means a person who purchases prepaid wireless
920 service in a retail sale.
921 2. “Prepaid wireless E911 fee” means the fee that is
922 required to be collected by a seller from a consumer as provided
923 in this subsection.
924 3. “Provider” means a person that provides prepaid wireless
925 service pursuant to a license issued by the Federal
926 Communications Commission.
927 4. “Retail transaction” means the purchase by a consumer
928 from a seller of prepaid wireless service that may be applied to
929 a single service identifier for use by the consumer. If a
930 consumer makes a purchase of multiple prepaid wireless services
931 in a single transaction, each individual prepaid wireless
932 service shall be considered a separate retail transaction for
933 purposes of calculating the prepaid wireless E911 fee.
934 5. “Seller” means a person who makes retail sales of
935 prepaid wireless services to a consumer.
936 (10) AUTHORIZED EXPENDITURES OF PUBLIC SAFETY EMERGENCY
937 COMMUNICATIONS SYSTEMS E911 FEE.—
938 (a) For purposes of this section, emergency communications
939 and 911 E911 service includes the functions relating to the
940 receipt and transfer of requests for emergency assistance, of
941 database management, call taking, and location verification, and
942 call transfer. Department of Health certification and
943 recertification and training costs for 911 public safety
944 telecommunications, including dispatching, are functions of
945 public safety emergency communications 911 services.
946 (b) All costs directly attributable to the establishment or
947 provision of emergency communications equipment E911 service and
948 contracting for E911 services related to a primary or secondary
949 public safety answering point are eligible for expenditure of
950 moneys derived from imposition of the fee authorized by
951 subsections (8) and (9). These costs include the acquisition,
952 implementation, and maintenance of Public Safety Answering Point
953 (PSAP) equipment and 911 E911 service features, as defined in
954 the providers’ published schedules or the acquisition,
955 installation, and maintenance of other E911 equipment,
956 including: circuits; call answering equipment; call transfer
957 equipment; ANI or ALI controllers; ANI or ALI displays; station
958 instruments; NG911 E911 telecommunications systems; Emergency
959 Services IP Networks (ESInets); visual call information and
960 storage devices; recording equipment; telephone devices and
961 other equipment for the hearing impaired used in the 911 E911
962 system; PSAP backup power systems; consoles; automatic call
963 distributors; , and interfaces, including hardware and software,
964 for computer-aided dispatch (CAD) systems, public safety Land
965 Mobile Radio(LMR) systems and radio consoles that provide two
966 way radio communication with responders, and in-building
967 coverage; integrated CAD systems for that portion of the systems
968 used for E911 call taking; GIS system and software equipment and
969 information displays; network clocks; cybersecurity, including
970 hardware, software, and services; salary and associated expenses
971 for 911 E911 call takers and emergency dispatchers for that
972 portion of their time spent taking and transferring E911 calls,
973 salary, and associated expenses for a county to employ a full
974 time equivalent 911 E911 coordinator position and a full-time
975 equivalent mapping or geographical data position, and technical
976 system maintenance, database, and administration personnel for
977 the portion of their time spent administrating the emergency
978 communications E911 system; emergency medical, fire, and law
979 enforcement prearrival instruction software; charts and training
980 costs; training costs for PSAP call takers, dispatchers,
981 supervisors, and managers in the proper methods and techniques
982 used in taking and transferring 911 E911 calls; costs to train
983 and educate PSAP employees and the public regarding 911 and
984 radio E911 service or NG911 E911 equipment, including fees
985 collected by the Department of Health for the certification and
986 recertification of 911 public safety telecommunicators as
987 required under s. 401.465; and expenses required to develop and
988 maintain all information, including ALI and ANI databases, call
989 takers access to smart city technology data, emergency
990 communications broadband network information and other
991 information source repositories, necessary to properly inform
992 call takers as to location address, type of emergency, and other
993 information directly relevant to the processing of a request for
994 emergency assistance. An expenditure for a large-scale project
995 may be made only if the decision supporting the expenditure was
996 made in cooperation with the head of each law enforcement agency
997 served by the primary PSAP in each county E911 call-taking and
998 transferring function. Moneys derived from the fee may also be
999 used for next-generation E911 network services, next-generation
1000 E911 database services, next-generation E911 equipment, and
1001 wireless E911 routing systems.
1002 (c) The moneys may not be used to pay for any item not
1003 listed in this subsection, including, but not limited to, any
1004 capital or operational costs related to responders dispatched to
1005 the emergency, and for emergency responses which occur after the
1006 call transfer to the responding public safety entity and the
1007 costs for utilities, constructing, leasing, maintaining, or
1008 renovating buildings, except for those building modifications
1009 necessary to maintain the security and environmental integrity
1010 of the PSAP and emergency communications E911 equipment rooms.
1011 (11) LIABILITY OF COUNTIES.—A county subscribing to 911
1012 service remains liable to the local exchange carrier for any 911
1013 service, equipment, operation, or maintenance charge owed by the
1014 county to the local exchange carrier. As used in this
1015 subsection, the term “local exchange carrier” means a local
1016 exchange telecommunications service provider of 911 service or
1017 equipment to any county within its certificated area.
1018 (12) INDEMNIFICATION AND LIMITATION OF LIABILITY.—A local
1019 government may indemnify local exchange carriers against
1020 liability in accordance with the published schedules of the
1021 company. Notwithstanding an indemnification agreement, a local
1022 exchange carrier, voice communications services provider, or
1023 other service provider that provides 911, or E911, or NG911
1024 service on a retail or wholesale basis is not liable for damages
1025 resulting from or in connection with 911, or E911, or NG911
1026 service, or for identification of the telephone number, or
1027 address, or name associated with any person accessing 911, or
1028 E911, or NG911 service, unless the carrier or provider acted
1029 with malicious purpose or in a manner exhibiting wanton and
1030 willful disregard of the rights, safety, or property of a person
1031 when providing such services. A carrier or provider is not
1032 liable for damages to any person resulting from or in connection
1033 with the carrier’s or provider’s provision of any lawful
1034 assistance to any investigative or law enforcement officer of
1035 the United States, this state, or a political subdivision
1036 thereof, or of any other state or political subdivision thereof,
1037 in connection with any lawful investigation or other law
1038 enforcement activity by such law enforcement officer. For
1039 purposes of this subsection, the term “911, or E911, or NG911
1040 service” means a telecommunications service, voice or nonvoice
1041 communications service, or other wireline or wireless service,
1042 including, but not limited to, a service using Internet
1043 protocol, which provides, in whole or in part, any of the
1044 following functions: providing members of the public with the
1045 ability to reach an answering point by using the digits 9-1-1;
1046 directing 911 calls to answering points by selective routing;
1047 providing for automatic number identification and automatic
1048 location-identification features; or providing wireless E911
1049 services as defined in the order.
1050 (13) FACILITATING EMERGENCY COMMUNICATIONS E911 SERVICE
1051 IMPLEMENTATION.—To balance the public need for reliable
1052 emergency communications E911 services through reliable wireless
1053 systems and the public interest served by governmental zoning
1054 and land development regulations and notwithstanding any other
1055 law or local ordinance to the contrary, the following standards
1056 shall apply to a local government’s actions, as a regulatory
1057 body, in the regulation of the placement, construction, or
1058 modification of a wireless communications facility. This
1059 subsection may shall not, however, be construed to waive or
1060 alter the provisions of s. 286.011 or s. 286.0115. For the
1061 purposes of this subsection only, “local government” shall mean
1062 any municipality or county and any agency of a municipality or
1063 county only. The term “local government” does not, however,
1064 include any airport, as defined by s. 330.27(2), even if it is
1065 owned or controlled by or through a municipality, county, or
1066 agency of a municipality or county. Further, notwithstanding
1067 anything in this section to the contrary, this subsection does
1068 not apply to or control a local government’s actions as a
1069 property or structure owner in the use of any property or
1070 structure owned by such entity for the placement, construction,
1071 or modification of wireless communications facilities. In the
1072 use of property or structures owned by the local government,
1073 however, a local government may not use its regulatory authority
1074 so as to avoid compliance with, or in a manner that does not
1075 advance, the provisions of this subsection.
1076 (a) Colocation Collocation among wireless providers is
1077 encouraged by the state.
1078 1.a. Colocations Collocations on towers, including
1079 nonconforming towers, that meet the requirements in sub-sub
1080 subparagraphs (I), (II), and (III), are subject to only building
1081 permit review, which may include a review for compliance with
1082 this subparagraph. Such colocations collocations are not subject
1083 to any design or placement requirements of the local
1084 government’s land development regulations in effect at the time
1085 of the colocation collocation that are more restrictive than
1086 those in effect at the time of the initial antennae placement
1087 approval, to any other portion of the land development
1088 regulations, or to public hearing review. This sub-subparagraph
1089 may shall not preclude a public hearing for any appeal of the
1090 decision on the colocation collocation application.
1091 (I) The colocation collocation does not increase the height
1092 of the tower to which the antennae are to be attached, measured
1093 to the highest point of any part of the tower or any existing
1094 antenna attached to the tower;
1095 (II) The colocation collocation does not increase the
1096 ground space area, commonly known as the compound, approved in
1097 the site plan for equipment enclosures and ancillary facilities;
1098 and
1099 (III) The colocation collocation consists of antennae,
1100 equipment enclosures, and ancillary facilities that are of a
1101 design and configuration consistent with all applicable
1102 regulations, restrictions, or conditions, if any, applied to the
1103 initial antennae placed on the tower and to its accompanying
1104 equipment enclosures and ancillary facilities and, if
1105 applicable, applied to the tower supporting the antennae. Such
1106 regulations may include the design and aesthetic requirements,
1107 but not procedural requirements, other than those authorized by
1108 this section, of the local government’s land development
1109 regulations in effect at the time the initial antennae placement
1110 was approved.
1111 b. Except for a historic building, structure, site, object,
1112 or district, or a tower included in sub-subparagraph a.,
1113 colocations collocations on all other existing structures that
1114 meet the requirements in sub-sub-subparagraphs (I)-(IV) shall be
1115 subject to no more than building permit review, and an
1116 administrative review for compliance with this subparagraph.
1117 Such colocations collocations are not subject to any portion of
1118 the local government’s land development regulations not
1119 addressed herein, or to public hearing review. This sub
1120 subparagraph may shall not preclude a public hearing for any
1121 appeal of the decision on the colocation collocation
1122 application.
1123 (I) The colocation collocation does not increase the height
1124 of the existing structure to which the antennae are to be
1125 attached, measured to the highest point of any part of the
1126 structure or any existing antenna attached to the structure;
1127 (II) The colocation collocation does not increase the
1128 ground space area, otherwise known as the compound, if any,
1129 approved in the site plan for equipment enclosures and ancillary
1130 facilities;
1131 (III) The colocation collocation consists of antennae,
1132 equipment enclosures, and ancillary facilities that are of a
1133 design and configuration consistent with any applicable
1134 structural or aesthetic design requirements and any requirements
1135 for location on the structure, but not prohibitions or
1136 restrictions on the placement of additional colocations
1137 collocations on the existing structure or procedural
1138 requirements, other than those authorized by this section, of
1139 the local government’s land development regulations in effect at
1140 the time of the colocation collocation application; and
1141 (IV) The colocation collocation consists of antennae,
1142 equipment enclosures, and ancillary facilities that are of a
1143 design and configuration consistent with all applicable
1144 restrictions or conditions, if any, that do not conflict with
1145 sub-sub-subparagraph (III) and were applied to the initial
1146 antennae placed on the structure and to its accompanying
1147 equipment enclosures and ancillary facilities and, if
1148 applicable, applied to the structure supporting the antennae.
1149 c. Regulations, restrictions, conditions, or permits of the
1150 local government, acting in its regulatory capacity, that limit
1151 the number of colocations collocations or require review
1152 processes inconsistent with this subsection does shall not apply
1153 to colocations collocations addressed in this subparagraph.
1154 d. If only a portion of the colocation collocation does not
1155 meet the requirements of this subparagraph, such as an increase
1156 in the height of the proposed antennae over the existing
1157 structure height or a proposal to expand the ground space
1158 approved in the site plan for the equipment enclosure, where all
1159 other portions of the colocation collocation meet the
1160 requirements of this subparagraph, that portion of the
1161 colocation collocation only may be reviewed under the local
1162 government’s regulations applicable to an initial placement of
1163 that portion of the facility, including, but not limited to, its
1164 land development regulations, and within the review timeframes
1165 of subparagraph (d)2., and the rest of the colocation
1166 collocation shall be reviewed in accordance with this
1167 subparagraph. A colocation collocation proposal under this
1168 subparagraph that increases the ground space area, otherwise
1169 known as the compound, approved in the original site plan for
1170 equipment enclosures and ancillary facilities by no more than a
1171 cumulative amount of 400 square feet or 50 percent of the
1172 original compound size, whichever is greater, shall, however,
1173 require no more than administrative review for compliance with
1174 the local government’s regulations, including, but not limited
1175 to, land development regulations review, and building permit
1176 review, with no public hearing review. This sub-subparagraph
1177 does shall not preclude a public hearing for any appeal of the
1178 decision on the colocation collocation application.
1179 2. If a colocation collocation does not meet the
1180 requirements of subparagraph 1., the local government may review
1181 the application under the local government’s regulations,
1182 including, but not limited to, land development regulations,
1183 applicable to the placement of initial antennae and their
1184 accompanying equipment enclosure and ancillary facilities.
1185 3. If a colocation collocation meets the requirements of
1186 subparagraph 1., the colocation may collocation shall not be
1187 considered a modification to an existing structure or an
1188 impermissible modification of a nonconforming structure.
1189 4. The owner of the existing tower on which the proposed
1190 antennae are to be colocated collocated shall remain responsible
1191 for compliance with any applicable condition or requirement of a
1192 permit or agreement, or any applicable condition or requirement
1193 of the land development regulations to which the existing tower
1194 had to comply at the time the tower was permitted, including any
1195 aesthetic requirements, provided the condition or requirement is
1196 not inconsistent with this paragraph.
1197 5. An existing tower, including a nonconforming tower, may
1198 be structurally modified in order to permit colocation
1199 collocation or may be replaced through no more than
1200 administrative review and building permit review, and is not
1201 subject to public hearing review, if the overall height of the
1202 tower is not increased and, if a replacement, the replacement
1203 tower is a monopole tower or, if the existing tower is a
1204 camouflaged tower, the replacement tower is a like-camouflaged
1205 tower. This subparagraph may shall not preclude a public hearing
1206 for any appeal of the decision on the application.
1207 (b)1. A local government’s land development and
1208 construction regulations for wireless communications facilities
1209 and the local government’s review of an application for the
1210 placement, construction, or modification of a wireless
1211 communications facility shall only address land development or
1212 zoning issues. In such local government regulations or review,
1213 the local government may not require information on or evaluate
1214 a wireless provider’s business decisions about its service,
1215 customer demand for its service, or quality of its service to or
1216 from a particular area or site, unless the wireless provider
1217 voluntarily offers this information to the local government. In
1218 such local government regulations or review, a local government
1219 may not require information on or evaluate the wireless
1220 provider’s designed service unless the information or materials
1221 are directly related to an identified land development or zoning
1222 issue or unless the wireless provider voluntarily offers the
1223 information. Information or materials directly related to an
1224 identified land development or zoning issue may include, but are
1225 not limited to, evidence that no existing structure can
1226 reasonably be used for the antennae placement instead of the
1227 construction of a new tower, that residential areas cannot be
1228 served from outside the residential area, as addressed in
1229 subparagraph 3., or that the proposed height of a new tower or
1230 initial antennae placement or a proposed height increase of a
1231 modified tower, replacement tower, or colocation collocation is
1232 necessary to provide the provider’s designed service. Nothing in
1233 this paragraph shall limit the local government from reviewing
1234 any applicable land development or zoning issue addressed in its
1235 adopted regulations that does not conflict with this section,
1236 including, but not limited to, aesthetics, landscaping, land
1237 use-based use based location priorities, structural design, and
1238 setbacks.
1239 2. Any setback or distance separation required of a tower
1240 may not exceed the minimum distance necessary, as determined by
1241 the local government, to satisfy the structural safety or
1242 aesthetic concerns that are to be protected by the setback or
1243 distance separation.
1244 3. A local government may exclude the placement of wireless
1245 communications facilities in a residential area or residential
1246 zoning district but only in a manner that does not constitute an
1247 actual or effective prohibition of the provider’s service in
1248 that residential area or zoning district. If a wireless provider
1249 demonstrates to the satisfaction of the local government that
1250 the provider cannot reasonably provide its service to the
1251 residential area or zone from outside the residential area or
1252 zone, the municipality or county and provider shall cooperate to
1253 determine an appropriate location for a wireless communications
1254 facility of an appropriate design within the residential area or
1255 zone. The local government may require that the wireless
1256 provider reimburse the reasonable costs incurred by the local
1257 government for this cooperative determination. An application
1258 for such cooperative determination may shall not be considered
1259 an application under paragraph (d).
1260 4. A local government may impose a reasonable fee on
1261 applications to place, construct, or modify a wireless
1262 communications facility only if a similar fee is imposed on
1263 applicants seeking other similar types of zoning, land use, or
1264 building permit review. A local government may impose fees for
1265 the review of applications for wireless communications
1266 facilities by consultants or experts who conduct code compliance
1267 review for the local government but any fee is limited to
1268 specifically identified reasonable expenses incurred in the
1269 review. A local government may impose reasonable surety
1270 requirements to ensure the removal of wireless communications
1271 facilities that are no longer being used.
1272 5. A local government may impose design requirements, such
1273 as requirements for designing towers to support colocation
1274 collocation or aesthetic requirements, except as otherwise
1275 limited in this section, but may shall not impose or require
1276 information on compliance with building code type standards for
1277 the construction or modification of wireless communications
1278 facilities beyond those adopted by the local government under
1279 chapter 553 and that apply to all similar types of construction.
1280 (c) Local governments may not require wireless providers to
1281 provide evidence of a wireless communications facility’s
1282 compliance with federal regulations, except evidence of
1283 compliance with applicable Federal Aviation Administration
1284 requirements under 14 C.F.R. part 77, as amended, and evidence
1285 of proper Federal Communications Commission licensure, or other
1286 evidence of Federal Communications Commission authorized
1287 spectrum use, but may request the Federal Communications
1288 Commission to provide information as to a wireless provider’s
1289 compliance with federal regulations, as authorized by federal
1290 law.
1291 (d)1. A local government shall grant or deny each properly
1292 completed application for a colocation collocation under
1293 subparagraph (a)1. based on the application’s compliance with
1294 the local government’s applicable regulations, as provided for
1295 in subparagraph (a)1. and consistent with this subsection, and
1296 within the normal timeframe for a similar building permit review
1297 but in no case later than 45 business days after the date the
1298 application is determined to be properly completed in accordance
1299 with this paragraph.
1300 2. A local government shall grant or deny each properly
1301 completed application for any other wireless communications
1302 facility based on the application’s compliance with the local
1303 government’s applicable regulations, including but not limited
1304 to land development regulations, consistent with this subsection
1305 and within the normal timeframe for a similar type review but in
1306 no case later than 90 business days after the date the
1307 application is determined to be properly completed in accordance
1308 with this paragraph.
1309 3.a. An application is deemed submitted or resubmitted on
1310 the date the application is received by the local government. If
1311 the local government does not notify the applicant in writing
1312 that the application is not completed in compliance with the
1313 local government’s regulations within 20 business days after the
1314 date the application is initially submitted or additional
1315 information resubmitted, the application is deemed, for
1316 administrative purposes only, to be properly completed and
1317 properly submitted. However, the determination may shall not be
1318 deemed as an approval of the application. If the application is
1319 not completed in compliance with the local government’s
1320 regulations, the local government shall so notify the applicant
1321 in writing and the notification must indicate with specificity
1322 any deficiencies in the required documents or deficiencies in
1323 the content of the required documents which, if cured, make the
1324 application properly completed. Upon resubmission of information
1325 to cure the stated deficiencies, the local government shall
1326 notify the applicant, in writing, within the normal timeframes
1327 of review, but in no case longer than 20 business days after the
1328 additional information is submitted, of any remaining
1329 deficiencies that must be cured. Deficiencies in document type
1330 or content not specified by the local government do not make the
1331 application incomplete. Notwithstanding this sub-subparagraph,
1332 if a specified deficiency is not properly cured when the
1333 applicant resubmits its application to comply with the notice of
1334 deficiencies, the local government may continue to request the
1335 information until such time as the specified deficiency is
1336 cured. The local government may establish reasonable timeframes
1337 within which the required information to cure the application
1338 deficiency is to be provided or the application will be
1339 considered withdrawn or closed.
1340 b. If the local government fails to grant or deny a
1341 properly completed application for a wireless communications
1342 facility within the timeframes set forth in this paragraph, the
1343 application shall be deemed automatically approved and the
1344 applicant may proceed with placement of the facilities without
1345 interference or penalty. The timeframes specified in
1346 subparagraph 2. may be extended only to the extent that the
1347 application has not been granted or denied because the local
1348 government’s procedures generally applicable to all other
1349 similar types of applications require action by the governing
1350 body and such action has not taken place within the timeframes
1351 specified in subparagraph 2. Under such circumstances, the local
1352 government must act to either grant or deny the application at
1353 its next regularly scheduled meeting or, otherwise, the
1354 application is deemed to be automatically approved.
1355 c. To be effective, a waiver of the timeframes set forth in
1356 this paragraph must be voluntarily agreed to by the applicant
1357 and the local government. A local government may request, but
1358 not require, a waiver of the timeframes by the applicant, except
1359 that, with respect to a specific application, a one-time waiver
1360 may be required in the case of a declared local, state, or
1361 federal emergency that directly affects the administration of
1362 all permitting activities of the local government.
1363 (e) The replacement of or modification to a wireless
1364 communications facility, except a tower, that results in a
1365 wireless communications facility not readily discernibly
1366 different in size, type, and appearance when viewed from ground
1367 level from surrounding properties, and the replacement or
1368 modification of equipment that is not visible from surrounding
1369 properties, all as reasonably determined by the local
1370 government, are subject to no more than applicable building
1371 permit review.
1372 (f) Any other law to the contrary notwithstanding, the
1373 Department of Management Services shall negotiate, in the name
1374 of the state, leases for wireless communications facilities that
1375 provide access to state government-owned property not acquired
1376 for transportation purposes, and the Department of
1377 Transportation shall negotiate, in the name of the state, leases
1378 for wireless communications facilities that provide access to
1379 property acquired for state rights-of-way. On property acquired
1380 for transportation purposes, leases shall be granted in
1381 accordance with s. 337.251. On other state government-owned
1382 property, leases shall be granted on a space available, first
1383 come, first-served basis. Payments required by state government
1384 under a lease must be reasonable and must reflect the market
1385 rate for the use of the state government-owned property. The
1386 Department of Management Services and the Department of
1387 Transportation are authorized to adopt rules for the terms and
1388 conditions and granting of any such leases.
1389 (g) If any person adversely affected by any action, or
1390 failure to act, or regulation, or requirement of a local
1391 government in the review or regulation of the wireless
1392 communication facilities files an appeal or brings an
1393 appropriate action in a court or venue of competent
1394 jurisdiction, following the exhaustion of all administrative
1395 remedies, the matter shall be considered on an expedited basis.
1396 (14) MISUSE OF 911, OR E911, OR NG911 SYSTEM; PENALTY.—911,
1397 and E911, and NG911 service must be used solely for emergency
1398 communications by the public. Any person who accesses the number
1399 911 for the purpose of making a false alarm or complaint or
1400 reporting false information that could result in the emergency
1401 response of any public safety agency; any person who knowingly
1402 uses or attempts to use such service for a purpose other than
1403 obtaining public safety assistance; or any person who knowingly
1404 uses or attempts to use such service in an effort to avoid any
1405 charge for service, commits a misdemeanor of the first degree,
1406 punishable as provided in s. 775.082 or s. 775.083. After being
1407 convicted of unauthorized use of such service four times, a
1408 person who continues to engage in such unauthorized use commits
1409 a felony of the third degree, punishable as provided in s.
1410 775.082, s. 775.083, or s. 775.084. In addition, if the value of
1411 the service or the service charge obtained in a manner
1412 prohibited by this subsection exceeds $100, the person
1413 committing the offense commits a felony of the third degree,
1414 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1415 (15) TEXT-TO-911 SERVICE.—Each county shall develop a
1416 countywide implementation plan addressing text-to-911 services
1417 and, by January 1, 2022, enact a system to allow text-to-911
1418 services.
1419 (16) STATE LAW NOT PREEMPTED.—This section and ss. 365.173
1420 and 365.174 do not alter any state law that otherwise regulates
1421 voice communications services providers.
1422 Section 2. Section 365.173, Florida Statutes, is amended to
1423 read:
1424 365.173 Emergency Communications Trust Number E911 System
1425 Fund.—
1426 (1) REVENUES.—
1427 (a) Revenues derived from the fee levied on subscribers
1428 under s. 365.172(8) must be paid by the board into the State
1429 Treasury on or before the 15th day of each month. Such moneys
1430 must be accounted for in a special fund to be designated as the
1431 Emergency Communications Trust Number E911 System Fund, a fund
1432 created in the Division of Telecommunications, or other office
1433 as designated by the Secretary of Management Services.
1434 (b) Revenues derived from the fee levied on prepaid
1435 wireless service under s. 365.172(9), less the costs of
1436 administering collection of the fee, must be transferred by the
1437 Department of Revenue to the Emergency Communications Trust
1438 Number E911 System Fund on or before the 25th day of each month
1439 following the month of receipt.
1440 (c) For accounting purposes, the Emergency Communications
1441 Trust Number E911 System Fund must be segregated into three
1442 separate categories:
1443 1. The wireless category;
1444 2. The nonwireless category; and
1445 3. The prepaid wireless category.
1446 (d) All moneys must be invested by the Chief Financial
1447 Officer pursuant to s. 17.61. All moneys in such fund are to be
1448 expended by the office for the purposes provided in this section
1449 and s. 365.172. These funds are not subject to s. 215.20.
1450 (2) DISTRIBUTION AND USE OF FUNDS.—As determined by the
1451 board pursuant to s. 365.172(8)(f) s. 365.172(8)(g), and subject
1452 to any modifications approved by the board pursuant to s.
1453 365.172(6)(a)3. or (8)(g) s. 365.172(6)(a)3. or (8)(h), the
1454 moneys in the fund shall be distributed and used only as
1455 follows:
1456 (a) Ninety-five Seventy-six percent of the moneys in the
1457 wireless category shall be distributed each month to counties,
1458 based on the total number of service identifiers in each county,
1459 to and shall be used exclusively for payment of:
1460 1. authorized expenditures, as specified in s. 365.172(10).
1461 2. Costs to comply with the requirements for E911 service
1462 contained in the order and any future rules related to the
1463 order.
1464 (b) Ninety-six percent of the moneys in the nonwireless
1465 category shall be distributed each month to counties based on
1466 the total number of service identifiers in each county and shall
1467 be used exclusively for payment of authorized expenditures, as
1468 specified in s. 365.172(10).
1469 (c) Sixty-one percent of the moneys in the prepaid wireless
1470 category shall be distributed each month to counties based on
1471 the total amount of fees reported and paid in each county and
1472 shall be used exclusively for payment of authorized
1473 expenditures, as specified in s. 365.172(10). The moneys from
1474 prepaid wireless E911 fees identified as nonspecific in
1475 accordance with s. 365.172(9) shall be distributed as determined
1476 by the Emergency Communications E911 Board.
1477 (d) Any county that receives funds under paragraphs (a),
1478 (b), and (c) shall establish a fund to be used exclusively for
1479 the receipt and expenditure of the revenues collected under
1480 paragraphs (a), (b), and (c). All fees placed in the fund and
1481 any interest accrued shall be used solely for costs described in
1482 paragraph (a) subparagraphs (a)1. and 2. and may not be reduced,
1483 withheld, or allocated for other purposes. The money collected
1484 and interest earned in this fund shall be appropriated for these
1485 purposes by the county commissioners and incorporated into the
1486 annual county budget. The fund shall be included within the
1487 financial audit performed in accordance with s. 218.39. The
1488 financial audit shall assure that all emergency communications
1489 E911 fee revenues, interest, and emergency communications E911
1490 grant funding are used for payment of authorized expenditures,
1491 as specified in s. 365.172(10) and as specified in the Emergency
1492 Communications E911 Board grant and special disbursement
1493 programs. The board may, in accordance with board rules,
1494 withhold future distribution of grant funds or request a return
1495 of all or a portion of funds previously awarded based on
1496 findings from the financial audit. The county is responsible for
1497 all expenditures of revenues distributed from the county
1498 emergency communications E911 fund and shall submit the
1499 financial audit reports to the board for review. A county may
1500 carry forward up to 30 percent of the total funds disbursed to
1501 the county by the board during a county fiscal year for
1502 expenditures for capital outlay, capital improvements, equipment
1503 replacement, or implementation of a hosted system if such
1504 expenditures are made for the purposes specified in paragraph
1505 (a) subparagraphs (a)1. and 2.; however, the 30-percent
1506 limitation does not apply to funds disbursed to a county under
1507 s. 365.172(6)(a)3., and a county may carry forward any
1508 percentage of the funds, except that any grant provided shall
1509 continue to be subject to any condition imposed by the board. In
1510 order to prevent an excess recovery of costs incurred in
1511 providing emergency communications E911 service, a county that
1512 receives funds greater than the permissible emergency
1513 communications E911 costs described in s. 365.172(10), including
1514 the 30-percent carryforward allowance, must return the excess
1515 funds to the E911 board to be allocated under s. 365.172(6)(a).
1516 (e) Twenty percent of the moneys in the wireless category
1517 shall be distributed to wireless providers in response to sworn
1518 invoices submitted to the board by wireless providers to
1519 reimburse such wireless providers for the actual costs incurred
1520 to provide 911 or E911 service, including the costs of complying
1521 with the order. Such costs include costs and expenses incurred
1522 by wireless providers to design, purchase, lease, program,
1523 install, test, upgrade, operate, and maintain all necessary
1524 data, hardware, and software required to provide E911 service.
1525 Each wireless provider shall submit to the board, by August 1 of
1526 each year, a detailed estimate of the capital and operating
1527 expenses for which it anticipates that it will seek
1528 reimbursement under this paragraph during the ensuing state
1529 fiscal year. In order to be eligible for recovery during any
1530 ensuing state fiscal year, a wireless provider must submit all
1531 sworn invoices for allowable purchases made within the previous
1532 calendar year no later than March 31 of the fiscal year. By
1533 September 15 of each year, the board shall submit to the
1534 Legislature its legislative budget request for funds to be
1535 allocated to wireless providers under this paragraph during the
1536 ensuing state fiscal year. The budget request shall be based on
1537 the information submitted by the wireless providers and
1538 estimated surcharge revenues. Distributions of moneys in the
1539 fund by the board to wireless providers must be fair and
1540 nondiscriminatory. If the total amount of moneys requested by
1541 wireless providers pursuant to invoices submitted to the board
1542 and approved for payment exceeds the amount in the fund in any
1543 month, wireless providers that have invoices approved for
1544 payment shall receive a pro rata share of moneys in the fund and
1545 the balance of the payments shall be carried over to the
1546 following month or months until all of the approved payments are
1547 made. The board may adopt rules necessary to address the manner
1548 in which pro rata distributions are made when the total amount
1549 of funds requested by wireless providers pursuant to invoices
1550 submitted to the board exceeds the total amount of moneys on
1551 deposit in the fund.
1552 (e)(f) One percent of the moneys in each category of the
1553 fund shall be retained by the board to be applied to costs and
1554 expenses incurred for the purposes of managing, administering,
1555 and overseeing the receipts and disbursements from the fund and
1556 other activities as defined in s. 365.172(6). Any funds retained
1557 for such purposes in a calendar year which are not applied to
1558 such costs and expenses by March 31 of the following year shall
1559 be redistributed as determined by the board.
1560 (f)(g) Three percent of the moneys in each category of the
1561 fund and an additional 1 percent of the moneys collected in the
1562 wireless category shall be used to make monthly distributions to
1563 rural counties for the purpose of providing facilities and
1564 network and service enhancements and assistance for the
1565 emergency communications 911 or E911 systems operated by rural
1566 counties and for the provision of grants by the office to rural
1567 counties for upgrading and replacing emergency communications
1568 E911 systems.
1569 (g)(h) Thirty-five percent of the moneys in the prepaid
1570 wireless category shall be retained by the board to provide
1571 state emergency communications E911 grants to be awarded in
1572 accordance with the following order of priority:
1573 1. For all large, medium, and rural counties to upgrade or
1574 replace emergency communications E911 systems.
1575 2. For all large, medium, and rural counties to develop and
1576 maintain statewide 911 routing, geographic, and management
1577 information systems.
1578 3. For all large, medium, and rural counties to develop and
1579 maintain next-generation 911 services and equipment.
1580 (h)(i) If the wireless category has funds remaining in it
1581 on December 31 after disbursements have been made during the
1582 calendar year immediately prior to December 31, the board may
1583 disburse the excess funds in the wireless category in accordance
1584 with s. 365.172(6)(a)3.b.
1585 (3) The Legislature recognizes that the fee authorized
1586 under s. 365.172 may not necessarily provide the total funding
1587 required for establishing or providing the emergency
1588 communications E911 service. It is the intent of the Legislature
1589 that all revenue from the fee be used as specified in subsection
1590 (2).
1591 Section 3. Subsection (1) of section 365.177, Florida
1592 Statutes, is amended to read:
1593 365.177 Transfer of E911 calls between systems.—
1594 (1) The office shall develop a plan by December 30, 2023
1595 February 1, 2020, to upgrade all 911 public safety answering
1596 points within the state to allow the transfer of an emergency
1597 call from one local, multijurisdictional, or regional E911
1598 system to another local, multijurisdictional, or regional E911
1599 system in the state by December 30, 2033. Such transfer should
1600 include voice, text message, image, video, caller identification
1601 information, location information, and additional standards
1602 based 911 call information. The plan must prioritize the upgrade
1603 of PSAPs based on the population served by each PSAP, the
1604 capability of a jurisdiction or region to modernize PSAPs beyond
1605 legacy 911 infrastructure, and the ability of a jurisdiction or
1606 region to address interoperability between PSAPs. The plan must
1607 identify and address the projected costs of providing these
1608 transfer capabilities and project the ability of each county to
1609 meet operational costs based on disbursement of funds under s.
1610 365.173(2)(a), (b), and (c).
1611 Section 4. Subsection (10) of section 212.05965, Florida
1612 Statutes, is amended to read:
1613 212.05965 Taxation of marketplace sales.—
1614 (10) Notwithstanding any other law, the marketplace
1615 provider is also responsible for collecting and remitting any
1616 prepaid wireless public safety emergency communications systems
1617 E911 fee under s. 365.172, waste tire fee under s. 403.718, and
1618 lead-acid battery fee under s. 403.7185 at the time of sale for
1619 taxable retail sales made through its marketplace.
1620 Section 5. Section 365.171, Florida Statutes, is amended to
1621 read:
1622 365.171 Emergency communications number E911 state plan.—
1623 (1) SHORT TITLE.—This section may be cited as the “Florida
1624 Emergency Communications Number E911 State Plan Act.”
1625 (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
1626 that the communications number “911” be the designated emergency
1627 communications number. A public safety agency may not advertise
1628 or otherwise promote the use of any communications number for
1629 emergency response services other than “911.” It is further the
1630 intent of the Legislature to implement and continually update a
1631 cohesive statewide emergency communications number “E911” plan
1632 for enhanced 911 services which will provide citizens with rapid
1633 direct access to public safety agencies by accessing “911” with
1634 the objective of reducing the response time to situations
1635 requiring law enforcement, fire, medical, rescue, and other
1636 emergency services.
1637 (3) DEFINITIONS.—As used in this section, the term:
1638 (a) “Office” means the Division of Telecommunications
1639 within the Department of Management Services, as designated by
1640 the secretary of the department.
1641 (b) “Local government” means any city, county, or political
1642 subdivision of the state and its agencies.
1643 (c) “Public agency” means the state and any city, county,
1644 city and county, municipal corporation, chartered organization,
1645 public district, or public authority located in whole or in part
1646 within this state which provides, or has authority to provide,
1647 firefighting, law enforcement, ambulance, medical, or other
1648 emergency services.
1649 (d) “Public safety agency” means a functional division of a
1650 public agency which provides firefighting, law enforcement,
1651 medical, or other emergency services.
1652 (4) STATE PLAN.—The office shall develop, maintain, and
1653 implement appropriate modifications for a statewide emergency
1654 communications E911 system plan. The plan shall provide for:
1655 (a) The public agency emergency communications requirements
1656 for each entity of local government in the state.
1657 (b) A system to meet specific local government
1658 requirements. Such system shall include law enforcement,
1659 firefighting, and emergency medical services and may include
1660 other emergency services such as poison control, suicide
1661 prevention, and emergency management services.
1662 (c) Identification of the mutual aid agreements necessary
1663 to obtain an effective emergency communications E911 system.
1664 (d) A funding provision that identifies the cost necessary
1665 to implement the emergency communications E911 system.
1666
1667 The office shall be responsible for the implementation and
1668 coordination of such plan. The office shall adopt any necessary
1669 rules and schedules related to public agencies for implementing
1670 and coordinating the plan, pursuant to chapter 120.
1671 (5) SYSTEM DIRECTOR.—The secretary of the department or his
1672 or her designee is designated as the director of the statewide
1673 emergency communications number E911 system and, for the purpose
1674 of carrying out the provisions of this section, is authorized to
1675 coordinate the activities of the system with state, county,
1676 local, and private agencies. The director in implementing the
1677 system shall consult, cooperate, and coordinate with local law
1678 enforcement agencies.
1679 (6) REGIONAL SYSTEMS.—This section does not prohibit or
1680 discourage the formation of multijurisdictional or regional
1681 systems; and any system established pursuant to this section may
1682 include the jurisdiction, or any portion thereof, of more than
1683 one public agency. It is the intent of the Legislature that
1684 emergency communications services E911 service be available
1685 throughout the state. Expenditure by counties of the E911 fee
1686 authorized and imposed under s. 365.172 should support this
1687 intent to the greatest extent feasible within the context of
1688 local service needs and fiscal capability. This section does not
1689 prohibit two or more counties from establishing a combined
1690 emergency E911 communications service by an interlocal agreement
1691 and using the fees authorized and imposed by s. 365.172 for such
1692 combined E911 service.
1693 (7) TELECOMMUNICATIONS INDUSTRY COORDINATION.—The office
1694 shall coordinate with the Florida Public Service Commission
1695 which shall encourage the Florida telecommunications industry to
1696 activate facility modification plans for timely emergency
1697 communications services E911 implementation.
1698 (8) COIN TELEPHONES.—The Florida Public Service Commission
1699 shall establish rules to be followed by the telecommunications
1700 companies in this state designed toward encouraging the
1701 provision of coin-free dialing of “911” calls wherever
1702 economically practicable and in the public interest.
1703 (9) SYSTEM APPROVAL.—No emergency communications number
1704 E911 system shall be established and no present system shall be
1705 expanded without prior approval of the office.
1706 (10) COMPLIANCE.—All public agencies shall assist the
1707 office in their efforts to carry out the intent of this section,
1708 and such agencies shall comply with the developed plan.
1709 (11) FEDERAL ASSISTANCE.—The secretary of the department or
1710 his or her designee may apply for and accept federal funding
1711 assistance in the development and implementation of a statewide
1712 emergency communications number E911 system.
1713 (12) CONFIDENTIALITY OF RECORDS.—
1714 (a) Any record, recording, or information, or portions
1715 thereof, obtained by a public agency or a public safety agency
1716 for the purpose of providing services in an emergency and which
1717 reveals the name, address, telephone number, or personal
1718 information about, or information which may identify any person
1719 requesting emergency service or reporting an emergency by
1720 accessing an emergency communications E911 system is
1721 confidential and exempt from the provisions of s. 119.07(1) and
1722 s. 24(a), Art. I of the State Constitution, except that such
1723 record or information may be disclosed to a public safety
1724 agency. The exemption applies only to the name, address,
1725 telephone number or personal information about, or information
1726 which may identify any person requesting emergency services or
1727 reporting an emergency while such information is in the custody
1728 of the public agency or public safety agency providing emergency
1729 services. A telecommunications company or commercial mobile
1730 radio service provider is shall not be liable for damages to any
1731 person resulting from or in connection with such telephone
1732 company’s or commercial mobile radio service provider’s
1733 provision of any lawful assistance to any investigative or law
1734 enforcement officer of the State of Florida or political
1735 subdivisions thereof, of the United States, or of any other
1736 state or political subdivision thereof, in connection with any
1737 lawful investigation or other law enforcement activity by such
1738 law enforcement officer unless the telecommunications company or
1739 commercial mobile radio service provider acted in a wanton and
1740 willful manner.
1741 (b) Notwithstanding paragraph (a), a 911 public safety
1742 telecommunicator, as defined in s. 401.465, may contact any
1743 private person or entity that owns an automated external
1744 defibrillator who has notified the local emergency medical
1745 services medical director or public safety answering point of
1746 such ownership if a confirmed coronary emergency call is taking
1747 place and the location of the coronary emergency is within a
1748 reasonable distance from the location of the defibrillator, and
1749 may provide the location of the coronary emergency to that
1750 person or entity.
1751 Section 6. Paragraph (b) of subsection (2) of section
1752 365.174, Florida Statutes, is amended to read:
1753 365.174 Proprietary confidential business information.—
1754 (2)
1755 (b) The Department of Revenue may provide information
1756 relative to s. 365.172(9) to the Secretary of Management
1757 Services, or his or her authorized agent, or to the Emergency
1758 Communications E911 Board established in s. 365.172(5) for use
1759 in the conduct of the official business of the Department of
1760 Management Services or the Emergency Communications E911 Board.
1761 Section 7. This act shall take effect July 1, 2023.
