Florida Senate - 2019 CS for CS for SB 536 By the Committees on Appropriations; and Innovation, Industry, and Technology; and Senators Brandes, Perry, and Book 576-04621-19 2019536c2 1 A bill to be entitled 2 An act relating to 911 services; amending s. 365.172, 3 F.S.; revising the applicability of definitions; 4 creating s. 365.177, F.S.; requiring that the 5 Technology Program within the Department of Management 6 Services develop a plan to require that emergency 7 dispatchers be able to transfer an emergency call from 8 one E911 system to another E911 system in this state; 9 providing a declaration of important state interest; 10 creating s. 365.179, F.S.; defining the terms “first 11 responder agency” and “911 public safety answering 12 point”; requiring each sheriff, in collaboration with 13 certain first responder agencies, to enter into 14 specified written agreements; requiring each agreement 15 to require a PSAP to be able to directly communicate 16 with first responder agencies; requiring each PSAP to 17 be able to broadcast certain emergency communications 18 and public safety information; requiring law 19 enforcement agency heads to authorize the installation 20 of their agency’s dispatch channels on certain other 21 law enforcement agency radios, upon request; providing 22 an exception; requiring each county sheriff to certify 23 compliance in writing with the Department of Law 24 Enforcement by a specified date; providing an 25 effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Subsection (3) of section 365.172, Florida 30 Statutes, is amended to read: 31 365.172 Emergency communications number “E911.”— 32 (3) DEFINITIONS.—Only as used in this section and ss. 33 365.171, 365.173,
and365.174, and 365.177, the term: 34 (a) “Authorized expenditures” means expenditures of the 35 fee, as specified in subsection (10). 36 (b) “Automatic location identification” means the 37 capability of the E911 service which enables the automatic 38 display of information that defines the approximate geographic 39 location of the wireless telephone, or the location of the 40 address of the wireline telephone, used to place a 911 call. 41 (c) “Automatic number identification” means the capability 42 of the E911 service which enables the automatic display of the 43 service number used to place a 911 call. 44 (d) “Board” or “E911 Board” means the board of directors of 45 the E911 Board established in subsection (5). 46 (e) “Building permit review” means a review for compliance 47 with building construction standards adopted by the local 48 government under chapter 553 and does not include a review for 49 compliance with land development regulations. 50 (f) “Collocation” means the situation when a second or 51 subsequent wireless provider uses an existing structure to 52 locate a second or subsequent antennae. The term includes the 53 ground, platform, or roof installation of equipment enclosures, 54 cabinets, or buildings, and cables, brackets, and other 55 equipment associated with the location and operation of the 56 antennae. 57 (g) “Designed service” means the configuration and manner 58 of deployment of service the wireless provider has designed for 59 an area as part of its network. 60 (h) “Enhanced 911” or “E911” means an enhanced 911 system 61 or enhanced 911 service that is an emergency telephone system or 62 service that provides a subscriber with 911 service and, in 63 addition, directs 911 calls to appropriate public safety 64 answering points by selective routing based on the geographical 65 location from which the call originated, or as otherwise 66 provided in the state plan under s. 365.171, and that provides 67 for automatic number identification and automatic location 68 identification features. E911 service provided by a wireless 69 provider means E911 as defined in the order. 70 (i) “Existing structure” means a structure that exists at 71 the time an application for permission to place antennae on a 72 structure is filed with a local government. The term includes 73 any structure that can structurally support the attachment of 74 antennae in compliance with applicable codes. 75 (j) “Fee” means the E911 fee authorized and imposed under 76 subsections (8) and (9). 77 (k) “Fund” means the Emergency Communications Number E911 78 System Fund established in s. 365.173 and maintained under this 79 section for the purpose of recovering the costs associated with 80 providing 911 service or E911 service, including the costs of 81 implementing the order. The fund shall be segregated into 82 wireless, prepaid wireless, and nonwireless categories. 83 (l) “Historic building, structure, site, object, or 84 district” means any building, structure, site, object, or 85 district that has been officially designated as a historic 86 building, historic structure, historic site, historic object, or 87 historic district through a federal, state, or local designation 88 program. 89 (m) “Land development regulations” means any ordinance 90 enacted by a local government for the regulation of any aspect 91 of development, including an ordinance governing zoning, 92 subdivisions, landscaping, tree protection, or signs, the local 93 government’s comprehensive plan, or any other ordinance 94 concerning any aspect of the development of land. The term does 95 not include any building construction standard adopted under and 96 in compliance with chapter 553. 97 (n) “Local exchange carrier” means a “competitive local 98 exchange telecommunications company” or a “local exchange 99 telecommunications company” as defined in s. 364.02. 100 (o) “Local government” means any municipality, county, or 101 political subdivision or agency of a municipality, county, or 102 political subdivision. 103 (p) “Medium county” means any county that has a population 104 of 75,000 or more but less than 750,000. 105 (q) “Mobile telephone number” or “MTN” means the telephone 106 number assigned to a wireless telephone at the time of initial 107 activation. 108 (r) “Nonwireless category” means the revenues to the fund 109 received from voice communications services providers other than 110 wireless providers. 111 (s) “Office” means the Technology Program within the 112 Department of Management Services, as designated by the 113 secretary of the department. 114 (t) “Order” means: 115 1. The following orders and rules of the Federal 116 Communications Commission issued in FCC Docket No. 94-102: 117 a. Order adopted on June 12, 1996, with an effective date 118 of October 1, 1996, the amendments to s. 20.03 and the creation 119 of s. 20.18 of Title 47 of the Code of Federal Regulations 120 adopted by the Federal Communications Commission pursuant to 121 such order. 122 b. Memorandum and Order No. FCC 97-402 adopted on December 123 23, 1997. 124 c. Order No. FCC DA 98-2323 adopted on November 13, 1998. 125 d. Order No. FCC 98-345 adopted December 31, 1998. 126 2. Orders and rules subsequently adopted by the Federal 127 Communications Commission relating to the provision of 911 128 services, including Order Number FCC-05-116, adopted May 19, 129 2005. 130 (u) “Prepaid wireless category” means all revenues in the 131 fund received through the Department of Revenue from the fee 132 authorized and imposed under subsection (9). 133 (v) “Prepaid wireless service” means a right to access 134 wireless service that allows a caller to contact and interact 135 with 911 to access the 911 system, which service must be paid 136 for in advance and is sold in predetermined units or dollars, 137 which units or dollars expire on a predetermined schedule or are 138 decremented on a predetermined basis in exchange for the right 139 to access wireless service. 140 (w) “Public agency” means the state and any municipality, 141 county, municipal corporation, or other governmental entity, 142 public district, or public authority located in whole or in part 143 within this state which provides, or has authority to provide, 144 firefighting, law enforcement, ambulance, medical, or other 145 emergency services. 146 (x) “Public safety agency” means a functional division of a 147 public agency which provides firefighting, law enforcement, 148 medical, or other emergency services. 149 (y) “Public safety answering point,” “PSAP,” or “answering 150 point” means the public safety agency that receives incoming 911 151 requests for assistance and dispatches appropriate public safety 152 agencies to respond to the requests in accordance with the state 153 E911 plan. 154 (z) “Rural county” means any county that has a population 155 of fewer than 75,000. 156 (aa) “Service identifier” means the service number, access 157 line, or other unique identifier assigned to a subscriber and 158 established by the Federal Communications Commission for 159 purposes of routing calls whereby the subscriber has access to 160 the E911 system. 161 (bb) “Tower” means any structure designed primarily to 162 support a wireless provider’s antennae. 163 (cc) “Voice communications services” means two-way voice 164 service, through the use of any technology, which actually 165 provides access to E911 services, and includes communications 166 services, as defined in s. 202.11, which actually provide access 167 to E911 services and which are required to be included in the 168 provision of E911 services pursuant to orders and rules adopted 169 by the Federal Communications Commission. The term includes 170 voice-over-Internet-protocol service. For the purposes of this 171 section, the term “voice-over-Internet-protocol service” or 172 “VoIP service” means interconnected VoIP services having the 173 following characteristics: 174 1. The service enables real-time, two-way voice 175 communications; 176 2. The service requires a broadband connection from the 177 user’s locations; 178 3. The service requires IP-compatible customer premises 179 equipment; and 180 4. The service offering allows users generally to receive 181 calls that originate on the public switched telephone network 182 and to terminate calls on the public switched telephone network. 183 (dd) “Voice communications services provider” or “provider” 184 means any person or entity providing voice communications 185 services, except that the term does not include any person or 186 entity that resells voice communications services and was 187 assessed the fee authorized and imposed under subsection (8) by 188 its resale supplier. 189 (ee) “Wireless 911 system” or “wireless 911 service” means 190 an emergency telephone system or service that provides a 191 subscriber with the ability to reach an answering point by 192 accessing the digits 911. 193 (ff) “Wireless category” means the revenues to the fund 194 received from a wireless provider from the fee authorized and 195 imposed under subsection (8). 196 (gg) “Wireless communications facility” means any equipment 197 or facility used to provide service and may include, but is not 198 limited to, antennae, towers, equipment enclosures, cabling, 199 antenna brackets, and other such equipment. Placing a wireless 200 communications facility on an existing structure does not cause 201 the existing structure to become a wireless communications 202 facility. 203 (hh) “Wireless provider” means a person who provides 204 wireless service and: 205 1. Is subject to the requirements of the order; or 206 2. Elects to provide wireless 911 service or E911 service 207 in this state. 208 (ii) “Wireless service” means “commercial mobile radio 209 service” as provided under ss. 3(27) and 332(d) of the Federal 210 Telecommunications Act of 1996, 47 U.S.C. ss. 151 et seq., and 211 the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103 212 66, August 10, 1993, 107 Stat. 312. The term includes service 213 provided by any wireless real-time two-way wire communication 214 device, including radio-telephone communications used in 215 cellular telephone service; personal communications service; or 216 the functional or competitive equivalent of a radio-telephone 217 communications line used in cellular telephone service, a 218 personal communications service, or a network radio access line. 219 The term does not include wireless providers that offer mainly 220 dispatch service in a more localized, noncellular configuration; 221 providers offering only data, one-way, or stored-voice services 222 on an interconnected basis; providers of air-to-ground services; 223 or public coast stations. 224 Section 2. Section 365.177, Florida Statutes, is created to 225 read: 226 365.177 Transfer of E911 calls between systems.— 227 (1) The office shall develop a plan by February 1, 2020, to 228 require that a 911 public safety telecommunicator, when deemed 229 prudent and requested by a caller or when deemed necessary, be 230 able to transfer an emergency call from one local, 231 multijurisdictional, or regional E911 system to another local, 232 multijurisdictional, or regional E911 system in this state. 233 (2) In developing this plan, the office shall: 234 (a) Coordinate with public agencies to identify and resolve 235 any technological or logistical issues in implementing this 236 section. 237 (b) Identify or establish a system or clearinghouse for 238 maintaining contact information for all E911 systems in this 239 state. 240 (c) Establish a date, considering any technological, 241 logistical, financial, or other identified issues, by which all 242 E911 systems in this state must be able to transfer emergency 243 calls pursuant to subsection (1). 244 Section 3. (1) The Legislature finds that an important 245 state interest is served in protecting the public safety by 246 ensuring that 911 telecommunications are routed to the most 247 appropriate 911 system in the most expeditious manner possible. 248 A proper and legitimate state purpose is achieved when local 249 government 911 public safety telecommunicators are able to 250 transfer, and receive transfers of, emergency calls to and from 251 other local, multijurisdictional, or regional E911 systems in 252 this state. 253 (2) The Legislature also finds that an important state 254 interest is served in protecting the public safety by ensuring 255 that each 911 public safety answering point is capable of direct 256 radio communications with first responder agency dispatchers 257 within the surrounding area for which the public safety 258 answering point would not otherwise provide dispatch. A proper 259 and legitimate state purpose is achieved when a public safety 260 answering point that receives an emergency communication is able 261 to save crucial time by immediately conveying critical emergency 262 information to first responder agency dispatchers to dispatch 263 first responders. 264 (3) Therefore, the Legislature finds and declares that this 265 act fulfills an important state interest. 266 Section 4. Section 365.179, Florida Statutes, is created to 267 read: 268 365.179 Direct radio communication between 911 public 269 safety answering points and first responders.— 270 (1) As used in this section, the term: 271 (a) “First responder agency” includes each law enforcement 272 agency and fire service agency, other than a state agency, and 273 each emergency medical services provider, that is designated as 274 a primary first responder for the service area in which a 911 275 public safety answering point receives 911 calls. 276 (b) “911 public safety answering point” or “PSAP” means a 277 municipal or county emergency communications or 911 call center 278 in this state that receives cellular, landline, or text-to-911 279 communications. 280 (2) Each sheriff, in collaboration with all first responder 281 agency heads in his or her county, shall facilitate the 282 development and execution of written interlocal agreements 283 between all primary first responder agencies within the county. 284 Each agreement must establish written protocols that outline 285 circumstances and public safety emergencies under which a PSAP 286 will directly provide by radio notice of an emergency to the on 287 duty dispatcher of a first responder agency for which the PSAP 288 does not provide primary dispatch functions. Each agreement must 289 require the PSAP to have direct radio contact with primary first 290 responder agencies and their dispatchers, for which the PSAP may 291 reasonably receive 911 communications, without having to 292 transfer a 911 communication to another PSAP or dispatch center 293 for dispatch. The method of complying with this requirement 294 shall be established by the first responder agency heads and set 295 forth in each interlocal agreement. 296 (3) Each PSAP must be capable of immediately broadcasting 297 911 communications or public safety information over the primary 298 radio dispatch channels of each first responder agency in the 299 county it serves where the PSAP may reasonably receive 911 calls 300 in the first responder’s service area. If a county or 301 jurisdiction has multiple PSAPs, each PSAP must have this 302 capability. 303 (4) Unless technologically precluded due to radio 304 incompatibility, upon written request from a law enforcement 305 agency head, a law enforcement agency head in the same county or 306 in an adjacent jurisdiction in another county must authorize the 307 requesting agency to install the responding agency’s primary 308 dispatch channel or channels in the requesting agency’s PSAP, 309 dispatch center, or mobile or portable radios. 310 (5) Each primary first responder agency, PSAP, and dispatch 311 center within each county shall train all applicable personnel 312 regarding the procedures and protocols specified in the 313 interlocal agreements made pursuant to this section. This 314 training shall also include radio functionality and how to 315 readily access the necessary dispatch channels in accordance 316 with the interlocal agreements. 317 (6) By January 1, 2020, each sheriff shall provide to the 318 Department of Law Enforcement: 319 (a) A copy of each interlocal agreement made between the 320 primary first responder agencies within his or her county 321 pursuant to this section; and 322 (b) Written certification that all PSAPs in his or her 323 county are in compliance with this section. 324 Section 5. This act shall take effect July 1, 2019.