Florida Senate - 2012                             CS for SB 1042
       
       
       
       By the Committee on Community Affairs; and Senator Bennett
       
       
       
       
       578-02167-12                                          20121042c1
    1                        A bill to be entitled                      
    2         An act relating to emergency 911 service; amending s.
    3         365.171, F.S.; providing an exception to certain
    4         confidentiality provisions for a 911 public safety
    5         telecommunicator when a confirmed coronary emergency
    6         call is taking place; amending s. 365.172, F.S.;
    7         increasing the membership of the E911 Board and
    8         revising the qualifications required for the members;
    9         requiring that a voice communications service
   10         provider, other than a wireless service provider,
   11         impose a fee based on the number of access lines to
   12         the E911 system and on the basis of certain access
   13         lines for each digital transmission link, up to a
   14         specified number of access lines per account bill
   15         rendered; revising the criteria that a local
   16         government may use in order to indemnify a local
   17         carrier; expanding the types of providers that may be
   18         indemnified and that are not liable for certain
   19         damages; revising cross-references; defining the term
   20         “911 or E911 service”; amending s. 401.2915, F.S.;
   21         providing for a person or entity in possession of an
   22         automated external defibrillator to notify the local
   23         public safety answering point regarding the location
   24         of the defibrillator; amending s. 427.706, F.S.;
   25         removing the requirement that the Florida Telephone
   26         Association recommend certain representatives to an
   27         advisory committee to the Public Service Commission;
   28         providing an effective date.
   29  
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Subsection (12) of section 365.171, Florida
   33  Statutes, is amended to read:
   34         365.171 Emergency communications number E911 state plan.—
   35         (12) CONFIDENTIALITY OF RECORDS.—
   36         (a) Any record, recording, or information, or portions
   37  thereof, obtained by a public agency or a public safety agency
   38  for the purpose of providing services in an emergency and which
   39  reveals the name, address, telephone number, or personal
   40  information about, or information which may identify any person
   41  requesting emergency service or reporting an emergency by
   42  accessing an emergency communications E911 system is
   43  confidential and exempt from the provisions of s. 119.07(1) and
   44  s. 24(a), Art. I of the State Constitution, except that such
   45  record or information may be disclosed to a public safety
   46  agency. The exemption applies only to the name, address,
   47  telephone number or personal information about, or information
   48  which may identify any person requesting emergency services or
   49  reporting an emergency while such information is in the custody
   50  of the public agency or public safety agency providing emergency
   51  services. A telecommunications company or commercial mobile
   52  radio service provider shall not be liable for damages to any
   53  person resulting from or in connection with such telephone
   54  company’s or commercial mobile radio service provider’s
   55  provision of any lawful assistance to any investigative or law
   56  enforcement officer of the State of Florida or political
   57  subdivisions thereof, of the United States, or of any other
   58  state or political subdivision thereof, in connection with any
   59  lawful investigation or other law enforcement activity by such
   60  law enforcement officer unless the telecommunications company or
   61  commercial mobile radio service provider acted in a wanton and
   62  willful manner.
   63         (b) Notwithstanding paragraph (a), a 911 public safety
   64  telecommunicator, as defined in s. 401.465, may contact any
   65  private person or entity that owns an automated external
   66  defibrillator who has notified the local emergency medical
   67  services medical director or public safety answering point of
   68  such ownership if a confirmed coronary emergency call is taking
   69  place and the location of the coronary emergency is within a
   70  reasonable distance from the location of the defibrillator, and
   71  may provide the location of the coronary emergency to that
   72  person or entity.
   73         Section 2. Paragraphs (a) and (b) of subsection (5),
   74  paragraphs (a) and (e) of subsection (8), and subsection (11) of
   75  section 365.172, Florida Statutes, are amended to read:
   76         365.172 Emergency communications number “E911.”—
   77         (5) THE E911 BOARD.—
   78         (a) The E911 Board is established to administer, with
   79  oversight by the office, the fee imposed under subsection (8),
   80  including receiving revenues derived from the fee; distributing
   81  portions of the revenues to wireless providers, counties, and
   82  the office; accounting for receipts, distributions, and income
   83  derived by the funds maintained in the fund; and providing
   84  annual reports to the Governor and the Legislature for
   85  submission by the office on amounts collected and expended, the
   86  purposes for which expenditures have been made, and the status
   87  of E911 service in this state. In order to advise and assist the
   88  office in implementing carrying out the purposes of this
   89  section, the board, which has shall have the power of a body
   90  corporate, has the powers enumerated in subsection (6).
   91         (b) The board shall consist of eleven nine members, one of
   92  whom must be the system director designated under s. 365.171(5),
   93  or his or her designee, who shall serve as the chair of the
   94  board. The remaining ten eight members of the board shall be
   95  appointed by the Governor and must be composed of five four
   96  county 911 coordinators, consisting of a representative from a
   97  rural county, a representative from a medium county, a
   98  representative from a large county, and two an at-large
   99  representatives representative recommended by the Florida
  100  Association of Counties in consultation with the county 911
  101  coordinators; three two local exchange carrier member
  102  representatives members, one of whom which must be a
  103  representative of the local exchange carrier having the greatest
  104  number of access lines in the state and one of whom must be a
  105  representative of a certificated telecommunications company; and
  106  two member representatives members from the wireless
  107  telecommunications industry, with recommended by the Florida
  108  Telecommunications Industry Association in consultation with the
  109  wireless telecommunications industry. In recommending members
  110  from the wireless telecommunications industry, consideration
  111  must be given to wireless providers that who are not affiliated
  112  with local exchange carriers. Not more than one member may be
  113  appointed to represent any single provider on the board.
  114         (8) E911 FEE.—
  115         (a) Each voice communications services provider shall
  116  collect the fee described in this subsection. Each provider, as
  117  part of its monthly billing process, shall bill the fee as
  118  follows. The fee may shall not be assessed on any pay telephone
  119  in the state.
  120         1. Each voice communications service provider other than a
  121  wireless provider local exchange carrier shall bill the fee to a
  122  subscriber based on the number of access lines having access to
  123  the E911 system, the local exchange subscribers on a service
  124  identifier basis, up to a maximum of 25 access lines per account
  125  bill rendered.
  126         2. Each voice communications service provider other than a
  127  wireless provider shall bill the fee to a subscriber on a basis
  128  of five service-identified access lines for each digital
  129  transmission link, including primary rate interface service or
  130  equivalent Digital-Signal-1-level service, which can be
  131  channelized and split into 23 or 24 voice- or data-grade
  132  channels for communications, up to a maximum of 25 access lines
  133  per account bill rendered.
  134         3.2. Except in the case of prepaid wireless service, each
  135  wireless provider shall bill the fee to a subscriber on a per
  136  service-identifier basis for service identifiers whose primary
  137  place of use is within this state. Before July 1, 2013, the fee
  138  shall not be assessed on or collected from a provider with
  139  respect to an end user’s service if that end user’s service is a
  140  prepaid calling arrangement that is subject to s. 212.05(1)(e).
  141         a. An No E911 fee shall not be collected from the sale of
  142  prepaid wireless service before prior to July 1, 2013.
  143         b. For purposes of this section, the term:
  144         (I) “Prepaid wireless service” means the right to access
  145  telecommunications services, which that must be paid for in
  146  advance and is sold in predetermined units or dollars enabling
  147  the originator to make calls such that the number of units or
  148  dollars declines with use in a known amount.
  149         (II) “Prepaid wireless service providers” includes those
  150  persons who sell prepaid wireless service regardless of its
  151  form, either as a retailer or reseller.
  152         4.3.The All voice communications services providers not
  153  addressed under subparagraphs 1., 2., and 3. 2. shall bill the
  154  fee on a per-service-identifier basis for service identifiers
  155  whose primary place of use is within the state up to a maximum
  156  of 25 service identifiers for each account bill rendered.
  157  
  158  The provider may list the fee as a separate entry on each bill,
  159  in which case the fee must be identified as a fee for E911
  160  services. A provider shall remit the fee to the board only if
  161  the fee is paid by the subscriber. If a provider receives a
  162  partial payment for a monthly bill from a subscriber, the amount
  163  received shall first be applied to the payment due the provider
  164  for providing voice communications service.
  165         (e) Effective September 1, 2007, voice communications
  166  services providers billing the fee to subscribers shall deliver
  167  revenues from the fee to the board within 60 days after the end
  168  of the month in which the fee was billed, together with a
  169  monthly report of the number of service identifiers in each
  170  county. Each wireless provider and other applicable provider
  171  identified in subparagraph (a)4. (a)3. shall report the number
  172  of service identifiers for subscribers whose place of primary
  173  use is in each county. All provider subscriber information
  174  provided to the board is subject to s. 365.174. If a provider
  175  chooses to remit any fee amounts to the board before they are
  176  paid by the subscribers, a provider may apply to the board for a
  177  refund of, or may take a credit for, any such fees remitted to
  178  the board which are not collected by the provider within 6
  179  months following the month in which the fees are charged off for
  180  federal income tax purposes as bad debt.
  181         (11) INDEMNIFICATION AND LIMITATION OF LIABILITY.—A local
  182  government may governments are authorized to undertake to
  183  indemnify local exchange carriers against liability in
  184  accordance with the published schedules lawfully filed tariffs
  185  of the company. Notwithstanding an indemnification agreement, a
  186  local exchange carrier, voice communications services provider,
  187  or other service provider that provides 911 or E911 service on a
  188  retail or wholesale basis is not liable for damages resulting
  189  from or in connection with 911 or E911 service, or for
  190  identification of the telephone number, or address, or name
  191  associated with any person accessing 911 or E911 service, unless
  192  the carrier or the voice communications services provider acted
  193  with malicious purpose or in a manner exhibiting wanton and
  194  willful disregard of the rights, safety, or property of a person
  195  when providing such services. A carrier or voice communications
  196  services provider is not liable for damages to any person
  197  resulting from or in connection with the carrier’s or provider’s
  198  provision of any lawful assistance to any investigative or law
  199  enforcement officer of the United States, this state, or a
  200  political subdivision thereof, or of any other state or
  201  political subdivision thereof, in connection with any lawful
  202  investigation or other law enforcement activity by such law
  203  enforcement officer. For purposes of this subsection, the term
  204  “911 or E911 service” means a telecommunications service, voice
  205  or nonvoice communications service, or other wireline or
  206  wireless service, including, but not limited to, a service using
  207  Internet protocol, which provides, in whole or in part, any of
  208  the following functions: providing members of the public with
  209  the ability to reach an answering point by using the digits 9-1
  210  1; directing 911 calls to answering points by selective routing;
  211  providing for automatic number identification and automatic
  212  location-identification features; or providing wireless E911
  213  services as defined in the order.
  214         Section 3. Paragraph (b) of subsection (2) of section
  215  401.2915, Florida Statutes, is amended to read:
  216         401.2915 Automated external defibrillators.—It is the
  217  intent of the Legislature that an automated external
  218  defibrillator may be used by any person for the purpose of
  219  saving the life of another person in cardiac arrest. In order to
  220  achieve that goal, the Legislature intends to encourage training
  221  in lifesaving first aid and set standards for and encourage the
  222  use of automated external defibrillators.
  223         (2) In order to promote public health and safety:
  224         (b) Any person or entity in possession of an automated
  225  external defibrillator is encouraged to notify the local
  226  emergency medical services medical director or the local public
  227  safety answering point, as defined in s. 365.172(3), of the
  228  location of the automated external defibrillator.
  229         Section 4. Paragraph (e) of subsection (1) and subsection
  230  (3) of section 427.706, Florida Statutes, are amended to read:
  231         427.706 Advisory committee.—
  232         (1) The commission shall appoint an advisory committee to
  233  assist the commission with the implementation of the provisions
  234  of this part. The committee shall be composed of no more than 10
  235  persons and shall include, to the extent practicable, the
  236  following:
  237         (e) Two representatives of telecommunications companies,
  238  one representing a local exchange telecommunications company and
  239  one representing an interexchange telecommunications company,
  240  recommended by the Florida Telephone Association.
  241         (3) Members of the committee may shall not be compensated
  242  for their services but are shall be entitled to receive
  243  reimbursement for per diem and travel expenses as provided in s.
  244  112.061. The commission shall use funds from the Florida Public
  245  Service Regulatory Trust Fund to cover the costs incurred by
  246  members of the advisory committee.
  247         Section 5. This act shall take effect July 1, 2012.