HB 919

1	A bill to be entitled
2	An act relating to emergency communications systems;
3	amending s. 365.171, F.S.; redesignating the emergency
4	telephone system as the "Florida Emergency Communications
5	Number E911 System"; providing legislative intent;
6	removing provisions relating to the collection of the
7	"911" fee and to the indemnification of local telephone
8	companies; amending s. 365.172, F.S.; providing
9	legislative intent; revising definitions; providing for
10	the Voice Communications Services Board; providing for
11	membership, duties, and responsibilities of the board;
12	providing for a voice communication services fee;
13	providing for rates and collection from consumers;
14	providing for the authorized use of the fees collected;
15	providing for indemnification and limitation of liability
16	for local exchange carriers; providing penalties for the
17	misuse of the E911 system; providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Section 365.171, Florida Statutes, is amended
22	to read:
23	365.171  Emergency communications telephone number E911
24	state plan. "911."--
25	(1)  SHORT TITLE.--This section may be shall be known and
26	cited as the "Florida Emergency Communications Number E911 State
27	Plan Telephone Act."
28	(2)  LEGISLATIVE INTENT.--It is the intent of the
29	Legislature that the communications number "911" be the
30	designated emergency communications number. A public safety
31	agency may not advertise or otherwise promote the use of any
32	communications number for emergency response services other than
33	"911." It is further the intent of the Legislature to establish
34	and implement and continually update a cohesive statewide
35	emergency communications telephone number "911" plan that which
36	will provide residents citizens with rapid direct access to
37	public safety agencies by accessing dialing the telephone number
38	"911" with the objective of reducing the response time to
39	situations requiring law enforcement, fire, medical, rescue, and
40	other emergency services.
41	(3)  DEFINITIONS.--As used in this section, the term:
42	(a)  "Office" means the Florida Enterprise Information
43	Technology Services Office or other office within the Department
44	of Management Services, as designated by the secretary of the
45	department State Technology Office.
46	(b)  "Local government" means any city, county, or
47	political subdivision of the state and its agencies.
48	(c)  "Public agency" means the state and any city, county,
49	city and county, municipal corporation, chartered organization,
50	public district, or public authority located in whole or in part
51	within this state which provides, or has authority to provide,
52	firefighting, law enforcement, ambulance, medical, or other
53	emergency services.
54	(d)  "Public safety agency" means a functional division of
55	a public agency which provides firefighting, law enforcement,
56	medical, or other emergency services.
57	(4)  STATE PLAN.--The office shall develop, maintain, and
58	implement appropriate modifications for a statewide emergency
59	communications E911 telephone number "911" system plan. The plan
60	shall provide for:
61	(a)  The establishment of the public agency emergency
62	telephone communications requirements for each entity of local
63	government in the state.
64	(b)  A system to meet specific local government
65	requirements. Such system shall include law enforcement,
66	firefighting, and emergency medical services and may include
67	other emergency services such as poison control, suicide
68	prevention, and emergency management services.
69	(c)  Identification of the mutual aid agreements necessary
70	to obtain an effective E911 "911" system.
71	(d)  A funding provision that identifies which shall
72	identify the cost necessary to implement the E911 "911" system.
73	(e)  A firm implementation schedule which shall include the
74	installation of the "911" system in a local community within 24
75	months after the designated agency of the local government gives
76	a firm order to the telephone utility for a "911" system.
77
78	The office shall be responsible for the implementation and
79	coordination of such plan. The office shall adopt any necessary
80	rules and schedules related to public agencies for implementing
81	and coordinating the such plan, pursuant to chapter 120. The
82	public agency designated in the plan shall order such system
83	within 6 months after publication date of the plan if the public
84	agency is in receipt of funds appropriated by the Legislature
85	for the implementation and maintenance of the "911" system. Any
86	jurisdiction which has utilized local funding as of July 1,
87	1976, to begin the implementation of the state plan as set forth
88	in this section shall be eligible for at least a partial
89	reimbursement of its direct cost when, and if, state funds are
90	available for such reimbursement.
91	(5)  SYSTEM DIRECTOR.--The director of the office or his or
92	her designee is designated as the director of the statewide
93	emergency communications telephone number E911 "911" system and,
94	for the purpose of carrying out the provisions of this section,
95	is authorized to coordinate the activities of the system with
96	state, county, local, and private agencies. The director is
97	authorized to employ no fewer not less than five persons, three
98	of whom shall will be at the professional level, one at the
99	secretarial level, and one to fill a fiscal position, for the
100	purpose of carrying out the provisions of this section. The
101	director in implementing the system shall consult, cooperate,
102	and coordinate with local law enforcement agencies.
103	(6)  REGIONAL SYSTEMS.--Nothing in This section does not
104	shall be construed to prohibit or discourage the formation of
105	multijurisdictional or regional systems; and any system
106	established pursuant to this section may include the
107	jurisdiction, or any portion thereof, of more than one public
108	agency. It is the intent of the Legislature that E911 service be
109	available throughout the state. Expenditure by counties of the
110	E911 fee authorized and imposed under s. 365.172, should support
111	this intent to the greatest extent feasible within the context
112	of local service needs and fiscal capability. This section does
113	not prohibit two or more counties from establishing a combined
114	emergency E911 communications service by an interlocal agreement
115	and using the fees authorized and imposed by s. 365.172 for such
116	combined E911 service.
117	(7)  TELECOMMUNICATIONS TELEPHONE INDUSTRY
118	COORDINATION.--The office shall coordinate with the Florida
119	Public Service Commission which shall encourage the Florida
120	telecommunications telephone industry to activate facility
121	modification plans for a timely E911 "911" implementation.
122	(8)  COIN TELEPHONES.--The Florida Public Service
123	Commission shall establish rules to be followed by the
124	telecommunications companies telephone utilities in this state
125	designed toward encouraging the provision of coin-free dialing
126	of E911 "911" calls wherever economically practicable and in the
127	public interest.
128	(9)  SYSTEM APPROVAL.--No emergency communications
129	telephone number E911 "911" system shall be established and no
130	present system shall be expanded without prior approval of the
131	office.
132	(10)  COMPLIANCE.--All public agencies shall assist the
133	office in their efforts to carry out the intent of this section,
134	and such agencies shall comply with the developed plan.
135	(11)  EXISTING EMERGENCY TELEPHONE SERVICE.--Any emergency
136	telephone number established by any local government or state
137	agency prior to July 1, 1974, using a number other than "911"
138	shall be changed to "911" on the same implementation schedule
139	provided in paragraph (4)(e).
140	(11)(12)  FEDERAL ASSISTANCE.--The secretary of the office
141	or his or her designee may apply for and accept federal funding
142	assistance in the development and implementation of a statewide
143	emergency communications telephone number E911 "911" system.
144	(13)  "911" FEE.--
145	(a)  Following approval by referendum as set forth in
146	paragraph (b), or following approval by a majority vote of its
147	board of county commissioners, a county may impose a "911" fee
148	to be paid by the local exchange subscribers within its
149	boundaries served by the "911" service. Proceeds from the "911"
150	fee shall be used only for "911" expenditures as set forth in
151	subparagraph 6. The manner of imposing and collecting said
152	payment shall be as follows:
153	1.  At the request of the county subscribing to "911"
154	service, the telephone company shall, insofar as is practicable,
155	bill the "911" fee to the local exchange subscribers served by
156	the "911" service, on an individual access line basis, at a rate
157	not to exceed 50 cents per month per line (up to a maximum of 25
158	access lines per account bill rendered). However, the fee may
159	not be assessed on any pay telephone in this state. A county
160	collecting the fee for the first time may collect the fee for no
161	longer than 36 months without initiating the acquisition of its
162	"911" equipment.
163	2.  Fees collected by the telephone company pursuant to
164	subparagraph 1. shall be returned to the county, less the costs
165	of administration retained pursuant to paragraph (c). The county
166	shall provide a minimum of 90 days' written notice to the
167	telephone company prior to the collection of any "911" fees.
168	3.  Any county that currently has an operational "911"
169	system or that is actively pursuing the implementation of a
170	"911" system shall establish a fund to be used exclusively for
171	receipt and expenditure of "911" fee revenues collected pursuant
172	to this section. All fees placed in said fund, and any interest
173	accrued thereupon, shall be used solely for "911" costs
174	described in subparagraph 6. The money collected and interest
175	earned in this fund shall be appropriated for "911" purposes by
176	the county commissioners and incorporated into the annual county
177	budget. Such fund shall be included within the financial audit
178	performed in accordance with s. 218.39. A report of the audit
179	shall be forwarded to the office within 60 days of its
180	completion. A county may carry forward on an annual basis
181	unspent moneys in the fund for expenditures allowed by this
182	section, or it may reduce its fee. However, in no event shall a
183	county carry forward more than 10 percent of the "911" fee
184	billed for the prior year. The amount of moneys carried forward
185	each year may be accumulated in order to allow for capital
186	improvements described in this subsection. The carryover shall
187	be documented by resolution of the board of county commissioners
188	expressing the purpose of the carryover or by an adopted capital
189	improvement program identifying projected expansion or
190	replacement expenditures for "911" equipment and service
191	features, or both. In no event shall the "911" fee carryover
192	surplus moneys be used for any purpose other than for the "911"
193	equipment, service features, and installation charges authorized
194	in subparagraph 6. Nothing in this section shall prohibit a
195	county from using other sources of revenue for improvements,
196	replacements, or expansions of its "911" system. A county may
197	increase its fee for purposes authorized in this section.
198	However, in no case shall the fee exceed 50 cents per month per
199	line. All current "911" fees shall be reported to the office
200	within 30 days of the start of each county's fiscal period. Any
201	fee adjustment made by a county shall be reported to the office.
202	A county shall give the telephone company a 90-day written
203	notice of such fee adjustment.
204	4.  The telephone company shall have no obligation to take
205	any legal action to enforce collection of the "911" fee. The
206	telephone company shall provide quarterly to the county a list
207	of the names, addresses, and telephone numbers of any and all
208	subscribers who have identified to the telephone company their
209	refusal to pay the "911" fee.
210	5.  The county subscribing to "911" service shall remain
211	liable to the telephone company for any "911" service,
212	equipment, operation, or maintenance charge owed by the county
213	to the telephone company.
214
215	As used in this paragraph, "telephone company" means an exchange
216	telephone service provider of "911" service or equipment to any
217	county within its certificated area.
218	6.  It is the intent of the Legislature that the "911" fee
219	authorized by this section to be imposed by counties will not
220	necessarily provide the total funding required for establishing
221	or providing the "911" service. For purposes of this section,
222	"911" service includes the functions of database management,
223	call taking, location verification, and call transfer. The
224	following costs directly attributable to the establishment
225	and/or provision of "911" service are eligible for expenditure
226	of moneys derived from imposition of the "911" fee authorized by
227	this section: the acquisition, implementation, and maintenance
228	of Public Safety Answering Point (PSAP) equipment and "911"
229	service features, as defined in the Florida Public Service
230	Commission's lawfully approved "911" and related tariffs and/or
231	the acquisition, installation, and maintenance of other "911"
232	equipment, including call answering equipment, call transfer
233	equipment, ANI controllers, ALI controllers, ANI displays, ALI
234	displays, station instruments, "911" telecommunications systems,
235	teleprinters, logging recorders, instant playback recorders,
236	telephone devices for the deaf (TDD) used in the "911" system,
237	PSAP backup power systems, consoles, automatic call
238	distributors, and interfaces (hardware and software) for
239	computer-aided dispatch (CAD) systems; salary and associated
240	expenses for "911" call takers for that portion of their time
241	spent taking and transferring "911" calls; salary and associated
242	expenses for a county to employ a full-time equivalent "911"
243	coordinator position and a full-time equivalent staff assistant
244	position per county for the portion of their time spent
245	administrating the "911" system; training costs for PSAP call
246	takers in the proper methods and techniques used in taking and
247	transferring "911" calls; and expenses required to develop and
248	maintain all information (ALI and ANI databases and other
249	information source repositories) necessary to properly inform
250	call takers as to location address, type of emergency, and other
251	information directly relevant to the "911" call-taking and
252	transferring function. No wireless telephone service provider
253	shall be required to participate in any pilot project or to
254	otherwise implement a nonemergency "311" system or similar
255	nonemergency system. The "911" fee revenues shall not be used to
256	pay for any item not listed, including, but not limited to, any
257	capital or operational costs for emergency responses which occur
258	after the call transfer to the responding public safety entity
259	and the costs for constructing buildings, leasing buildings,
260	maintaining buildings, or renovating buildings, except for those
261	building modifications necessary to maintain the security and
262	environmental integrity of the PSAP and "911" equipment rooms.
263	7.  It is the goal of the Legislature that enhanced "911"
264	service be available throughout the state. Expenditure by
265	counties of the "911" fees authorized by this section should
266	support this goal to the greatest extent feasible within the
267	context of local service needs and fiscal capability. Nothing in
268	this section shall be construed to prohibit two or more counties
269	from establishing a combined emergency "911" telephone service
270	by interlocal agreement and utilizing the "911" fees authorized
271	by this section for such combined "911" service.
272	(b)  If a county elects to obtain approval of a "911" fee
273	by referendum, it shall arrange to place a question on the
274	ballot at the next regular or special election to be held within
275	the county, substantially as follows:
276
277	_____ I am in favor of the "911" emergency telephone system
278	fee.
279	_____ I am against the "911" emergency telephone system
280	fee.
281
282	If a majority of the electors voting on the question approve the
283	fee, it may be imposed by the county.
284	(c)  Any county imposing a "911" fee in accordance with the
285	provisions of this subsection shall allow the telephone company
286	to retain as an administrative fee an amount equal to 1 percent
287	of the total "911" fee collected by the telephone company.
288	(14)  INDEMNIFICATION AND LIMITATION OF LIABILITY.--All
289	local governments are authorized to undertake to indemnify the
290	telephone company against liability in accordance with the
291	telephone company's lawfully filed tariffs. Regardless of any
292	indemnification agreement, a telephone company or commercial
293	mobile radio service provider as defined in s. 364.02 shall not
294	be liable for damages resulting from or in connection with "911"
295	service or identification of the telephone number, address, or
296	name associated with any person accessing "911" service, unless
297	the telephone company or commercial radio service provider acted
298	with malicious purpose or in a manner exhibiting wanton and
299	willful disregard of human rights, safety, or property in
300	providing such services.
301	(12)(15)  CONFIDENTIALITY OF RECORDS.--Any record,
302	recording, or information, or portions thereof, obtained by a
303	public agency or a public safety agency for the purpose of
304	providing services in an emergency and which reveals the name,
305	address, telephone number, or personal information about, or
306	information which may identify any person requesting emergency
307	service or reporting an emergency by accessing an emergency
308	communications E911 telephone number "911" system is
309	confidential and exempt from the provisions of s. 119.07(1) and
310	s. 24(a), Art. I of the State Constitution, except that such
311	record or information may be disclosed to a public safety
312	agency. The exemption applies only to the name, address,
313	telephone number or personal information about, or information
314	which may identify any person requesting emergency services or
315	reporting an emergency while such information is in the custody
316	of the public agency or public safety agency providing emergency
317	services. A telephone company or commercial mobile radio service
318	provider shall not be liable for damages to any person resulting
319	from or in connection with such telephone company's or
320	commercial mobile radio service provider's provision of any
321	lawful assistance to any investigative or law enforcement
322	officer of the State of Florida or political subdivisions
323	thereof, of the United States, or of any other state or
324	political subdivision thereof, in connection with any lawful
325	investigation or other law enforcement activity by such law
326	enforcement officer unless the telephone company or commercial
327	mobile radio service provider acted in a wanton and willful
328	manner.
329	(16)  FALSE "911" CALLS.--Whoever accesses the number "911"
330	for the purpose of making a false alarm or complaint or
331	reporting false information which could result in the emergency
332	response of any public safety agency is guilty of a misdemeanor
333	of the first degree, punishable as provided in s. 775.082 or s.
334	775.083.
335	Section 2.  Section 365.172, Florida Statutes, is amended
336	to read:
337	365.172  Wireless Emergency communications telephone number
338	"E911."--
339	(1)  SHORT TITLE.--This section may be cited as the
340	"Wireless Emergency Communications Number E911 Act."
341	(2)  FINDINGS, PURPOSE, AND LEGISLATIVE INTENT.--The
342	Legislature finds and declares that:
343	(a)  The mobile nature of wireless communications service
344	creates complexities for providing 911 emergency services.
345	(b)  Wireless telephone service providers are required by
346	the Federal Communications Commission to provide wireless
347	enhanced 911 (E911) service in the form of automatic location
348	identification and automatic number identification pursuant to
349	the terms and conditions set forth in an order issued by the
350	Federal Communications Commission.
351	(c)  Wireless telephone service providers and counties that
352	operate 911 and E911 systems require adequate funding to recover
353	the costs of designing, purchasing, installing, testing, and
354	operating enhanced facilities, systems, and services necessary
355	to comply with the requirements for E911 services mandated by
356	the Federal Communications Commission and to maximize the
357	availability of E911 services throughout this state.
358	(d)  The revenues generated by the E911 fee imposed under
359	this section are required to fund the efforts of the counties,
360	the Wireless 911 Board under the State Technology Office, and
361	commercial mobile radio service providers to improve the public
362	health, safety, and welfare and serve a public purpose by
363	providing emergency telephone assistance through wireless
364	communications.
365	(e)  It is necessary and beneficial to levy a fee on
366	wireless services and to create the Wireless 911 Board to
367	administer fee proceeds as provided in this section.
368	(f)  It is the intent of the Legislature to:
369	(a)1.  Establish and implement a comprehensive statewide
370	emergency telephone number system that will provide users of
371	voice communications services within the state wireless
372	telephone users with rapid direct access to public safety
373	agencies by dialing the telephone number "911."
374	(b)2.  Provide funds to counties local governments to pay
375	certain costs associated with their E911 or the cost of
376	installing and operating wireless 911 systems and to reimburse
377	wireless telephone service providers for costs incurred to
378	provide 911 or E911 enhanced 911 services.
379	(c)3.  Levy a reasonable fee on users of voice
380	communications services, unless otherwise provided in this
381	section, subscribers of wireless telephone service to accomplish
382	these purposes.
383	(d)  Provide for an E911 board to administer the fee, with
384	oversight by the office, in a manner that is competitively and
385	technologically neutral as to all voice communications services
386	providers.
387	(e)  Ensure that the fee established is used exclusively
388	for recovery by wireless providers and by counties of the costs
389	associated with developing and maintaining E911 systems and
390	networks in a manner that is competitively and technologically
391	neutral as to all voice communications services providers. It is
392	further the intent of the Legislature that the fee authorized or
393	imposed by this section not necessarily provide the total
394	funding required for establishing or providing E911 service.
395	(3)  DEFINITIONS.--Only as used in this section and ss.
396	365.171, 365.173, and 365.174, the term:
397	(a)  "Active prepaid wireless telephone" means a prepaid
398	wireless telephone that has been used by the customer during the
399	month to complete a telephone call for which the customer's card
400	or balance was decremented.
401	(a)(b)  "Answering point" means the public safety agency
402	that receives incoming 911 calls and dispatches appropriate
403	public safety agencies to respond to the calls.
404	(b)  "Authorized expenditures" means expenditures of the
405	fee, as specified in subsection (9).
406	(c)  "Automatic location identification" means the
407	capability of the E911 service which enables the automatic
408	display of information that defines the approximate geographic
409	location of the wireless telephone used to place a 911 call.
410	(d)  "Automatic number identification" means the capability
411	of the E911 service which enables the automatic display of the
412	10-digit service number used to place a 911 call.
413	(e)  "Board" or E911 Board means the board of directors of
414	the E911 Wireless 911 Board established in subsection (5).
415	(f)  "Building permit review" means a review for compliance
416	with building construction standards adopted by the local
417	government under chapter 553 and does not include a review for
418	compliance with land development regulations.
419	(g)  "Collocation" means the situation when a second or
420	subsequent wireless provider uses an existing structure to
421	locate a second or subsequent antennae. The term includes the
422	ground, platform, or roof installation of equipment enclosures,
423	cabinets, or buildings, and cables, brackets, and other
424	equipment associated with the location and operation of the
425	antennae.
426	(h)  "Designed service" means the configuration and manner
427	of deployment of service the wireless provider has designed for
428	an area as part of its network.
429	(i)  "E911" is the designation for an a wireless enhanced
430	911 system or wireless enhanced 911 service that is an emergency
431	telephone system or service that provides a subscriber with
432	wireless 911 service and, in addition, directs 911 calls to
433	appropriate public safety answering points by selective routing
434	based on the geographical location from which the call
435	originated, or as otherwise provided in the state plan under s.
436	365.171, and that provides for automatic number identification
437	and automatic location-identification features. E911 service
438	provided by a wireless provider means E911 as defined in the
439	order in accordance with the requirements of the order.
440	(j)  "Existing structure" means a structure that exists at
441	the time an application for permission to place antennae on a
442	structure is filed with a local government. The term includes
443	any structure that can structurally support the attachment of
444	antennae in compliance with applicable codes.
445	(k)  "Fee" means the E911 fee authorized and imposed under
446	subsection (8).
447	(l)  "Fund" means the Wireless Emergency Communications
448	Number E911 Telephone System Fund established in s. 365.173 and
449	maintained under this section for the purpose of recovering the
450	costs associated with providing 911 service or E911 service,
451	including the costs of implementing the order. The fund shall be
452	segregated into wireless and nonwireless accounts.
453	(m)  "Historic building, structure, site, object, or
454	district" means any building, structure, site, object, or
455	district that has been officially designated as a historic
456	building, historic structure, historic site, historic object, or
457	historic district through a federal, state, or local designation
458	program.
459	(n)  "Land development regulations" means any ordinance
460	enacted by a local government for the regulation of any aspect
461	of development, including an ordinance governing zoning,
462	subdivisions, landscaping, tree protection, or signs, the local
463	government's comprehensive plan, or any other ordinance
464	concerning any aspect of the development of land. The term does
465	not include any building construction standard adopted under and
466	in compliance with chapter 553.
467	(o)  "Local exchange carrier" means a "competitive local
468	exchange telecommunications company" or a "local exchange
469	telecommunications company" as defined in s. 364.02.
470	(p)  "Local government" means any municipality, county, or
471	political subdivision or agency of a municipality, county, or
472	political subdivision.
473	(q)  "Medium county" means any county that has a population
474	of 75,000 or more but less than 750,000.
475	(r)  "Mobile telephone number" or "MTN" means the telephone
476	number assigned to a wireless telephone at the time of initial
477	activation.
478	(s)  "Nonwireless account" means the revenues to the fund
479	received from voice communications services providers other than
480	wireless providers.
481	(t)(s)  "Office" means the Florida Enterprise Information
482	Technology Services Office or other office within the Department
483	of Management Services, as designated by the secretary of the
484	department State Technology Office.
485	(u)(t)  "Order" means:
486	1.  The following orders and rules of the Federal
487	Communications Commission issued in FCC Docket No. 94-102:
488	a.  Order adopted on June 12, 1996, with an effective date
489	of October 1, 1996, the amendments to s. 20.03 and the creation
490	of s. 20.18 of Title 47 of the Code of Federal Regulations
491	adopted by the Federal Communications Commission pursuant to
492	such order.
493	b.  Memorandum and Order No. FCC 97-402 adopted on December
494	23, 1997.
495	c.  Order No. FCC DA 98-2323 adopted on November 13, 1998.
496	d.  Order No. FCC 98-345 adopted December 31, 1998.
497	2.  Orders and rules subsequently adopted by the Federal
498	Communications Commission relating to the provision of wireless
499	E911 or 911 services, including Order Number FCC-05-116, adopted
500	May 19, 2005.
501	(v)(u)  "Prepaid calling arrangements" has the same meaning
502	as defined in s. 212.05(1)(e) wireless telephone service" means
503	wireless telephone service that is activated in advance by
504	payment for a finite dollar amount of service or for a finite
505	set of minutes that terminate either upon use by a customer and
506	delivery by the wireless provider of an agreed-upon amount of
507	service corresponding to the total dollar amount paid in advance
508	or within a certain period of time following the initial
509	purchase or activation, unless additional payments are made.
510	(v)  "Provider" or "wireless provider" means a person or
511	entity who provides service and either:
512	1.  Is subject to the requirements of the order; or
513	2.  Elects to provide wireless 911 service or E911 service
514	in this state.
515	(w)  "Public agency" means the state and any municipality,
516	county, municipal corporation, or other governmental entity,
517	public district, or public authority located in whole or in part
518	within this state which provides, or has authority to provide,
519	firefighting, law enforcement, ambulance, medical, or other
520	emergency services.
521	(x)  "Public safety agency" means a functional division of
522	a public agency which provides firefighting, law enforcement,
523	medical, or other emergency services.
524	(y)  "Rural county" means any county that has a population
525	of fewer than 75,000.
526	(z)  "Service identifier" means the service number, access
527	line, or other unique subscriber identifier assigned to a
528	subscriber and established by the Federal Communications
529	Commission for purposes of routing calls.
530	(z)  "Service" means "commercial mobile radio service" as
531	provided under ss. 3(27) and 332(d) of the Federal
532	Telecommunications Act of 1996, 47 U.S.C., ss. 151 et seq., and
533	the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-
534	66, August 10, 1993, 107 Stat. 312. The term "service" includes
535	the term "wireless" and service provided by any wireless real-
536	time two-way wire communication device, including radio-
537	telephone communications used in cellular telephone service;
538	personal communications service; or the functional or
539	competitive equivalent of a radio-telephone communications line
540	used in cellular telephone service, a personal communications
541	service, or a network radio access line. The term does not
542	include wireless providers that offer mainly dispatch service in
543	a more localized, noncellular configuration; providers offering
544	only data, one-way, or stored-voice services on an
545	interconnected basis; providers of air-to-ground services; or
546	public coast stations.
547	(aa)  "Service number" means the unique 10-digit wireless
548	telephone number assigned to a service subscriber.
549	(bb)  "Sufficient positive balance" means a dollar amount
550	greater than or equal to the monthly wireless surcharge amount.
551	(aa)(cc)  "Tower" means any structure designed primarily to
552	support a wireless provider's antennae.
553	(bb)  "Voice communications services" means a service that
554	includes the transmission, conveyance, or routing of real-time,
555	two-way voice communications, to a point, or between or among
556	points, by or through any electronic, radio, satellite, cable,
557	optical, microwave, wireline, wireless, or other medium or
558	method now in existence or hereafter devised, regardless of the
559	protocol used for such transmission or conveyance, and that
560	includes the ability to receive and terminate voice calls to and
561	from the public switched telephone network. The term includes
562	such transmission, conveyance, or routing of voice
563	communications services in which computer processing
564	applications are used to act on the form, code, or protocol of
565	the content for purposes of transmission, conveyance, or routing
566	without regard to whether such service is referred to as voice-
567	over-Internet-protocol service or is classified by the Federal
568	Communications Commission as enhanced or value-added.
569	(cc)  "Voice communications services provider" or
570	"provider" means any person or entity providing voice
571	communications services, except that the term does not include
572	any person or entity that resells voice communications service
573	and was assessed the fee by its resale supplier.
574	(dd)  "Wireless 911 system" or "wireless 911 service" means
575	an emergency telephone system or service that provides a
576	subscriber with the ability to reach an answering point by
577	dialing the digits "911."
578	(ee)  "Wireless account" means the revenues to the fund
579	received from a wireless provider.
580	(ff)(dd)  "Wireless communications facility" means any
581	equipment or facility used to provide service and may include,
582	but is not limited to, antennae, towers, equipment enclosures,
583	cabling, antenna brackets, and other such equipment. Placing a
584	wireless communications facility on an existing structure does
585	not cause the existing structure to become a wireless
586	communications facility.
587	(gg)  "Wireless provider" means a person who provides
588	wireless service and:
589	1.  Is subject to the requirements of the order; or
590	2.  Elects to provide wireless 911 service or E911 service
591	in this state.
592	(hh)  "Wireless service" means "commercial mobile radio
593	service" as provided under ss. 3(27) and 332(d) of the Federal
594	Telecommunications Act of 1996, 47 U.S.C., ss. 151 et seq., and
595	the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-
596	66, August 10, 1993, 107 Stat. 312. The term includes service
597	provided by any wireless real-time two-way wire communication
598	device, including radio-telephone communications used in
599	cellular telephone service; personal communications service; or
600	the functional or competitive equivalent of a radio-telephone
601	communications line used in cellular telephone service, a
602	personal communications service, or a network radio access line.
603	The term does not include wireless providers that offer mainly
604	dispatch service in a more localized, noncellular configuration;
605	providers offering only data, one-way, or stored-voice services
606	on an interconnected basis; providers of air-to-ground services;
607	or public coast stations.
608	(ee)  "Wireless 911 system" or "wireless 911 service" means
609	an emergency telephone system or service that provides a
610	subscriber with the ability to reach an answering point by
611	dialing the digits "911." A wireless 911 system is complementary
612	to a wired 911 system as provided for in s. 365.171.
613	(4)  POWERS AND DUTIES OF THE OFFICE.--The office shall
614	oversee the administration of the fee authorized and imposed on
615	subscribers of voice communications services statewide E911
616	service under subsection (8).
617	(5)  THE E911 WIRELESS 911 BOARD.--
618	(a)  The E911 Wireless 911 Board is established to
619	administer, with oversight by the office, the fee imposed under
620	subsection (8), including receiving revenues derived from the
621	fee; distributing portions of the such revenues to wireless
622	providers, counties, and the office; accounting for receipts,
623	distributions, and income derived by the funds maintained in the
624	fund; and providing annual reports to the Governor and the
625	Legislature for submission by the office on amounts collected
626	and expended, the purposes for which expenditures have been
627	made, and the status of wireless E911 service in this state. In
628	order to advise and assist the office in carrying out the
629	purposes of this section, the board, which shall have the power
630	of a body corporate, has shall have the powers enumerated in
631	subsection (6).
632	(b)  The board shall consist of nine seven members, one of
633	whom must be the system director designated under s. 365.171(5),
634	or his or her designee, who shall serve as the chair of the
635	board. The remaining eight six members of the board shall be
636	appointed by the Governor and must be composed of four three
637	county 911 coordinators recommended by the Florida Association
638	of Counties, two local exchange carrier members, one of which
639	must be the local exchange carrier having the greatest number of
640	access lines in the state, and two three members from the
641	wireless telecommunications industry recommended by the Florida
642	Telecommunications Industry Association in consultation with the
643	wireless telecommunications industry. In recommending members
644	from the wireless telecommunications industry, consideration
645	must be given to wireless providers who are not affiliated with
646	local exchange carriers. Not more than one member may be
647	appointed to represent any single provider on the board.
648	(c)  The system director, designated under s. 365.171(5),
649	or his or her designee, must be a permanent member of the board.
650	Each of the remaining eight six members of the board shall be
651	appointed to a 4-year term and may not be appointed to more than
652	two successive terms. However, for the purpose of staggering
653	terms, two of the original board members shall be appointed to
654	terms of 4 years, two shall be appointed to terms of 3 years,
655	and four two shall be appointed to terms of 2 years, as
656	designated by the Governor. A vacancy on the board shall be
657	filled in the same manner as the original appointment.
658	(d)  The first vacancy in a wireless provider
659	representative position occurring after July 1, 2007, must be
660	filled by appointment of a local exchange company
661	representative. Until the appointment is made, there shall be
662	only one local exchange company representative serving on the
663	board, notwithstanding any other provision to the contrary.
664	(6)  AUTHORITY OF THE BOARD; ANNUAL REPORT.--
665	(a)  The board shall:
666	1.  Administer the E911 fee.
667	2.  Implement, maintain, and oversee the fund.
668	3.  Review and oversee the disbursement of the revenues
669	deposited into the fund as provided in s. 365.173.
670	a.  The board may establish a schedule for implementing
671	wireless E911 service by service area, and prioritize
672	disbursements of revenues from the fund to providers and rural
673	counties as provided in s. 365.173(2)(c) s. 365.173(2)(b) and
674	(e) (c) pursuant to the schedule, in order to implement E911
675	services in the most efficient and cost-effective manner.
676	b.  Revenues in the wireless account collected and
677	deposited into the fund for distribution as provided in s.
678	365.173(2)(b), but which have not been disbursed because sworn
679	invoices as required by s. 365.173(2)(c) s. 365.173(2)(b) have
680	not been submitted to the board, may be utilized by the board as
681	needed to provide grants to rural counties and loans to medium
682	and large counties for the purpose of upgrading E911 systems.
683	The counties must use the funds only for capital expenditures
684	directly attributable to establishing and provisioning an E911
685	service, which may include next generation deployment. Grants
686	provided to rural counties would be in addition to disbursements
687	provided under s. 365.173(2)(c). Loans provided to medium
688	counties shall be based on county hardship criteria as
689	determined and approved by the board. Revenues utilized for this
690	purpose shall be fully repaid to the fund in a manner and under
691	a timeframe as determined and approved by the board. The board
692	shall take all actions within its authority to ensure that
693	county recipients of such grants and loans use utilize these
694	funds only for the purpose under which they have been provided
695	and may take any actions within its authority to secure county
696	repayment of grant and loan revenues upon determination that the
697	funds were not utilized for the purpose under which they were
698	provided.
699	c.  The board shall reimburse all costs of a wireless
700	provider before taking any action to transfer additional funds.
701	d.  After taking the action required in this subparagraph,
702	and in the event the board determines that the revenues in the
703	wireless account exceeds the amount needed to reimburse wireless
704	providers for costs to implement E911 services, the board may
705	authorize the transfer to the counties of funds from the
706	existing funds within the wireless account. The board shall
707	disburse the funds equitably to all counties pursuant to a
708	timeframe and distribution methodology as established by the
709	board.
710	4.  Review documentation submitted by wireless providers
711	which reflects current and projected funds derived from the E911
712	fee, and the expenses incurred and expected to be incurred, in
713	order to comply with the E911 service requirements contained in
714	the order for the purposes of:
715	a.  Ensuring that wireless providers receive fair and
716	equitable distributions of funds from the fund.
717	b.  Ensuring that wireless providers are not provided
718	disbursements from the fund which exceed the costs of providing
719	E911 service, including the costs of complying with the order.
720	c.  Ascertaining the projected costs of compliance with the
721	requirements of the order and projected collections of the E911
722	fee.
723	d.  Implementing changes to the allocation percentages or
724	adjusting reducing the E911 fee under paragraph (8)(i) (8)(c).
725	5.  Meet monthly in the most efficient and cost-effective
726	manner, including telephonically when practical, for the
727	business to be conducted, to review and approve or reject, in
728	whole or in part, applications submitted by wireless providers
729	for recovery of moneys deposited into the wireless account, and
730	to authorize the transfer of, and distribute, the fee allocation
731	to the counties fund.
732	6.  Hire and retain employees, which may include an
733	independent executive director who shall possess experience in
734	the area of telecommunications and emergency 911 issues, for the
735	purposes of performing the technical and administrative
736	functions for the board.
737	7.  Make and enter into contracts, pursuant to chapter 287,
738	and execute other instruments necessary or convenient for the
739	exercise of the powers and functions of the board.
740	8.  Take all necessary and reasonable steps by July 1,
741	2000, to secure appropriate information and reports from
742	providers and otherwise perform all of the functions that would
743	be performed by an independent accounting firm prior to
744	completing the request-for-proposals process under subsection
745	(7).
746	8.9.  Sue and be sued, and appear and defend in all actions
747	and proceedings, in its corporate name to the same extent as a
748	natural person.
749	9.10.  Adopt, use, and alter a common corporate seal.
750	10.11.  Elect or appoint the officers and agents that are
751	required by the affairs of the board.
752	11.12.  The board may adopt rules under ss. 120.536(1) and
753	120.54 to implement this section and ss. 365.173 and 365.174.
754	12.13.  Provide coordination, support, and technical
755	assistance to counties to promote the deployment of advanced 911
756	and E911 systems in the state.
757	13.14.  Provide coordination and support for educational
758	opportunities related to E911 911 issues for the E911 911
759	community in this state.
760	14.15.  Act as an advocate for issues related to E911 911
761	system functions, features, and operations to improve the
762	delivery of E911 911 services to the residents of and visitors
763	to this state.
764	15.16.  Coordinate input from this state at national forums
765	and associations, to ensure that policies related to E911 911
766	systems and services are consistent with the policies of the
767	E911 911 community in this state.
768	16.17.  Work cooperatively with the system director
769	established in s. 365.171(5) to enhance the state of E911 911
770	services in this state and to provide unified leadership for all
771	E911 911 issues through planning and coordination.
772	17.18.  Do all acts and things necessary or convenient to
773	carry out the powers granted in this section in a manner that is
774	competitively and technologically neutral as to all voice
775	communications service providers, including but not limited to,
776	consideration of emerging technology and related cost savings,
777	while taking into account embedded costs in current systems.
778	18.19.  Have the authority to secure the services of an
779	independent, private attorney via invitation to bid, request for
780	proposals, invitation to negotiate, or professional contracts
781	for legal services already established at the Division of
782	Purchasing of the Department of Management Services.
783	(b)  Board members shall serve without compensation;
784	however, members are entitled to per diem and travel expenses as
785	provided in s. 112.061.
786	(c)  By February 28 of each year, the board shall prepare a
787	report for submission by the office to the Governor, the
788	President of the Senate, and the Speaker of the House of
789	Representatives which addresses for the immediately preceding
790	calendar year: reflects, for the immediately preceding calendar
791	year, the quarterly and annual receipts and disbursements of
792	moneys in the fund, the purposes for which disbursements of
793	moneys from the fund have been made, and the availability and
794	status of implementation of E911 service in this state.
795	(d)  By February 28, 2001, the board shall undertake and
796	complete a study for submission by the office to the Governor,
797	the President of the Senate, and the Speaker of the House of
798	Representatives which addresses:
799	1.  The annual receipts including the total amount of E911
800	fee revenues collected by each provider, the total disbursements
801	of money in the fund, including the amount of fund-reimbursed
802	expenses incurred by each wireless provider to comply with the
803	order, and the amount of moneys on deposit in the fund, all as
804	of December 1, 2000.
805	2.  Whether the amount of the E911 fee and the allocation
806	percentages set forth in s. 365.173 have been or should be
807	adjusted to comply with the requirements of the order, other
808	provisions of this chapter, and, if so, a recommended adjustment
809	to the E911 fee.
810	3.  Any other issues related to providing wireless E911
811	services.
812	4.  The status of E911 services in this state.
813	(7)  REQUEST FOR PROPOSALS FOR INDEPENDENT ACCOUNTING
814	FIRM.--
815	(a)  The board shall issue a request for proposals as
816	provided in chapter 287 for the purpose of retaining an
817	independent accounting firm. The independent accounting firm
818	shall perform all material administrative and accounting tasks
819	and functions required for administering the E911 fee. The
820	request for proposals must include, but need not be limited to:
821	1.  A description of the scope and general requirements of
822	the services requested.
823	2.  A description of the specific accounting and reporting
824	services required for administering the fund, including
825	processing checks and distributing funds as directed by the
826	board under s. 365.173.
827	3.  A description of information to be provided by the
828	proposer, including the proposer's background and qualifications
829	and the proposed cost of the services to be provided.
830	(b)  The board shall establish a committee to review
831	requests for proposals which must include the statewide E911 911
832	system director designated under s. 365.171(5), or his or her
833	designee, and two members of the board, one of whom is a county
834	911 coordinator and one of whom represents a voice
835	communications services provider the wireless telecommunications
836	industry. The review committee shall review the proposals
837	received by the board and recommend an independent accounting
838	firm to the board for final selection. By agreeing to serve on
839	the review committee, each member of the review committee shall
840	verify that he or she does not have any interest or employment,
841	directly or indirectly, with potential proposers which conflicts
842	in any manner or degree with his or her performance on the
843	committee.
844	(c)  After July 1, 2004, the board may secure the services
845	of an independent accounting firm via invitation to bid, request
846	for proposals, invitation to negotiate, or professional
847	contracts already established at the Division of Purchasing,
848	Department of Management Services, for certified public
849	accounting firms, or the board may hire and retain professional
850	accounting staff to accomplish these functions.
851	(8)  WIRELESS E911 FEE.--
852	(a)  Each voice communications services home service
853	provider shall collect the a monthly fee described in this
854	subsection imposed on each customer whose place of primary use
855	is within this state. Each provider, as part of its monthly
856	billing process, shall bill the fee as follows. The fee may not
857	be assessed on any pay telephone in the state.
858	1.  Each local exchange carrier shall bill the fee to the
859	local exchange subscribers on a service-identifier basis, up to
860	a maximum of 25 access lines per account bill rendered.
861	2.  Each wireless provider shall bill the fee to the
862	subscribers on a per-service-identifier basis for service
863	identifiers whose primary place of use is within this state. The
864	fee may not be assessed on any prepaid calling arrangement that
865	is subject to s. 212.05(1)(e).
866	3.  All voice communications services providers not
867	addressed under subparagraphs 1. and 2. shall bill the fee on a
868	per-service-identifier basis for service identifiers whose
869	primary place of use is within the state.
870
871	The provider may list the fee as a separate entry on each bill,
872	in which case the fee must be identified as a fee for E911
873	services. A provider shall remit the fee to the board only if
874	the fee is paid by the subscriber. If a provider receives a
875	partial payment for a monthly bill from a subscriber, the amount
876	received shall first be applied to the payment due the provider
877	for providing voice communications service.
878	(b)  A provider is not obligated to take any legal action
879	to enforce collection of the fees for which any subscriber is
880	billed. A county subscribing to 911 service remains liable to
881	the person providing the 911 service or equipment for any 911
882	service, equipment, operation, or maintenance charge owed by the
883	county to the person.
884	(c)  For purposes of this section, the state and local
885	governments are not subscribers customers.
886	(d)  Each provider may retain 1 percent of the amount of
887	the fees collected as reimbursement for the administrative costs
888	incurred by the provider to bill, collect, and remit the fee.
889	The remainder shall be delivered to the board and deposited by
890	the board into the fund. The board shall distribute the
891	remainder pursuant to s. 365.173.
892	(e)  Effective September 1, 2007, voice communications
893	services providers billing the fee to subscribers shall deliver
894	revenues from the fee to the board within 60 days after the end
895	of the month in which the fee was billed, together with a
896	monthly report of the number of service identifiers in each
897	county. Each wireless provider and other applicable provider
898	identified in subparagraph (a)3. shall report the number of
899	service identifiers for subscribers whose place of primary use
900	is in each county. If a provider chooses to remit any fee
901	amounts to the board before they are paid by the subscribers, a
902	provider may apply to the board for a refund of, or may take a
903	credit for, any such fees remitted to the board which are not
904	collected by the provider within 6 months following the month in
905	which the fees are charged off for federal income tax purposes
906	as bad debt.
907	(f)  The rate of the fee may not exceed shall be 50 cents
908	per month per each service identifier number, beginning August
909	1, 1999. The fee shall apply uniformly and be imposed throughout
910	the state, except for those counties that, before July 1, 2007,
911	had adopted an ordinance establishing a fee less than 50 cents
912	per month per access line. In those counties, the ordinance-
913	established fee shall apply until the board makes the adjustment
914	on or after September 1, 2008. The board shall adjust the level
915	of the fee for all such counties to the uniform statewide fee
916	level. The board may not adjust the fee to the uniform statewide
917	fee level before September 1, 2008.
918	(g)  It is the intent of the Legislature that all revenue
919	from the fee be used as specified in s. 365.173(2)(a)-(e).
920	(h)  No later than September 1, 2007, the board shall set
921	the allocation percentages for distribution of the fund as
922	provided in s. 365.173. When setting the percentages and
923	contemplating any adjustments to the fee, the board shall
924	consider the following:
925	1.  The revenues currently allocated for wireless service
926	provider costs for implementing E911 service and projected costs
927	for implementing E911 service, including recurring costs for
928	Phase I and Phase II;
929	2.  The appropriate level of funding needed to fund the
930	rural grant program provided for in paragraph (6)(b); and
931	3.  The need to fund statewide and county programs or
932	initiatives to assist large and medium counties with systems
933	that would reduce their overall costs.
934	(b)  The fee is established to ensure full recovery for
935	providers and for counties, over a reasonable period, of the
936	costs associated with developing and maintaining an E911 system
937	on a technologically and competitively neutral basis.
938	(i)(c)  After July 1, 2001, The board may adjust the
939	allocation percentages or adjust provided in s. 365.173 or
940	reduce the amount of the fee, or both, if necessary to ensure
941	full cost recovery or prevent overrecovery of costs incurred in
942	the provision of E911 service, including costs incurred or
943	projected to be incurred to comply with the order. Any new
944	allocation percentages or reduced or increased fee may not be
945	adjusted for 1 year. The fee may not exceed 50 cents per month
946	per each service identifier number. The board-established fee,
947	and any board-adjustment of the fee, shall be uniform throughout
948	the state, except for the counties identified in paragraph (f).
949	No less than 90 days before the effective date of any adjustment
950	to the fee, the board shall provide written notice of the
951	adjusted fee amount and effective date to each voice
952	communications services provider from which the board is then
953	receiving the fee.
954	(j)(d)  State and local taxes do not apply to the fee.
955	(k)(e)  A local government may not levy the fee or any
956	additional fee on wireless providers or subscribers for the
957	provision of E911 service.
958	(l)  For purposes of this section, the definitions
959	contained in s. 202.11 and the provisions of s. 202.155 apply in
960	the same manner and to the same extent as the definitions and
961	provisions apply to the taxes levied under chapter 202 on mobile
962	communications services.
963	(9)  AUTHORIZED EXPENDITURES OF E911 FEE.--
964	(a)  For purposes of this section, E911 service includes
965	the functions of database management, call taking, location
966	verification, and call transfer.
967	(b)  All costs directly attributable to the establishment
968	or provision of E911 service and contracting for E911 services
969	are eligible for expenditure of moneys derived from imposition
970	of the fee authorized by this section. These costs include the
971	acquisition, implementation, and maintenance of Public Safety
972	Answering Point (PSAP) equipment and E911 service features, as
973	defined in the Public Service Commission's lawfully approved 911
974	and E911 and related tariffs or the acquisition, installation,
975	and maintenance of other E911 equipment, including call
976	answering equipment, call transfer equipment, ANI controllers,
977	ALI controllers, ANI displays, ALI displays, station
978	instruments, E911 telecommunications systems, visual call
979	information and storage devices, recording equipment, telephone
980	devices for the hearing impaired used in the E911 system, PSAP
981	backup power systems, consoles, automatic call distributors, and
982	interfaces, including hardware and software, for computer-aided
983	dispatch (CAD) systems, integrated CAD systems for that portion
984	of the systems used for E911 call taking, network clocks, salary
985	and associated expenses for E911 call takers for that portion of
986	their time spent taking and transferring E911 calls, salary and
987	associated expenses for a county to employ a full-time
988	equivalent E911 coordinator position and a full-time equivalent
989	staff assistant position per county for the portion of their
990	time spent administrating the E911 system, training costs for
991	PSAP call takers in the proper methods and techniques used in
992	taking and transferring E911 calls, costs to train and educate
993	PSAP employees and other public safety agency employees
994	regarding E911 service or E911 equipment; emergency notification
995	systems, and expenses required to develop and maintain all
996	information, including ALI and ANI databases and other
997	information source repositories, necessary to properly inform
998	calltakers as to location address, type of emergency, and other
999	information directly relevant to the E911 call-taking and
1000	transferring function. Moneys derived from the fee may also be
1001	used for emergency and disaster recovery mobile E911 PSAPs, next
1002	generation E911 network services, next generation E911 database
1003	services, next-generation E911 equipment, and wireless E911
1004	routing systems.
1005	(c)  The moneys may not be used to pay for any item not
1006	listed in this subsection, including, but not limited to, any
1007	capital or operational costs for emergency responses which occur
1008	after the call transfer to the responding public safety entity
1009	and the costs for constructing, leasing, maintaining, or
1010	renovating buildings, except for those building modifications
1011	necessary to maintain the security and environmental integrity
1012	of the PSAP and E911 equipment rooms.
1013	(d)  A wireless provider is not required to participate in
1014	any pilot project or to otherwise implement a nonemergency "311"
1015	system or similar nonemergency system.
1016	(10)  LIABILITY OF COUNTIES.--A county subscribing to 911
1017	service remains liable to the local exchange carrier for any 911
1018	service, equipment, operation, or maintenance charge owed by the
1019	county to the local exchange carrier. As used in this
1020	subsection, the term "local exchange carrier" means a local
1021	exchange telecommunications service provider of 911 service or
1022	equipment to any county within its certificated area.
1023	(11)  INDEMNIFICATION AND LIMITATION OF LIABILITY.--Local
1024	governments are authorized to undertake to indemnify local
1025	exchange carriers against liability in accordance with the
1026	lawfully filed tariffs of the company. Notwithstanding an
1027	indemnification agreement, a voice communications services
1028	provider is not liable for damages resulting from or in
1029	connection with 911 or E911 service, or the address or name
1030	associated with any person accessing 911 or E911 service, unless
1031	the voice communications services provider acted with malicious
1032	purpose or in a manner exhibiting wanton and willful disregard
1033	of the rights, safety, or property of a person when providing
1034	such services. A voice communications services provider is not
1035	liable for damages to any person resulting from or in connection
1036	with the provider's provision of any lawful assistance to any
1037	investigative or law enforcement officer of the United States,
1038	this state, or a political subdivision thereof, or of any other
1039	state or political subdivision thereof, in connection with any
1040	lawful investigation or other law enforcement activity by such
1041	law enforcement officer.
1042	(9)  MANAGEMENT OF FUNDS.--
1043	(a)  Each provider, as a part of its monthly billing
1044	process, shall collect the fee imposed under subsection (8). The
1045	provider may list the fee as a separate entry on each bill, in
1046	which case the fee must be identified as a fee for E911
1047	services. A provider shall remit the fee only if the fee is paid
1048	by the subscriber. If a provider receives a partial payment for
1049	a monthly bill from a subscriber, the amount received shall
1050	first be applied to the payment due the provider for the
1051	provision of telecommunications service.
1052	(b)  In the case of prepaid wireless telephone service, the
1053	monthly wireless 911 surcharge imposed by subsection (8) shall
1054	be remitted based upon each prepaid wireless telephone
1055	associated with this state, for each wireless service customer
1056	that has a sufficient positive balance as of the last day of
1057	each month. The surcharge shall be remitted in any manner
1058	consistent with the wireless provider's existing operating or
1059	technological abilities, such as customer address, location
1060	associated with the MTN, or reasonable allocation method based
1061	upon other comparable relevant data. The surcharge amount or an
1062	equivalent number of minutes may be reduced from the prepaid
1063	subscriber's account since a direct billing may not be possible.
1064	However, collection of the wireless 911 surcharge in the manner
1065	of a reduction of value or minutes from the prepaid subscriber's
1066	account does not constitute a reduction in the sales price for
1067	purposes of taxes that are collected at the point of sale.
1068	(c)  A provider is not obligated to take any legal action
1069	to enforce collection of the fees for which any subscriber is
1070	billed. The provider shall provide to the board each quarter a
1071	list of the names, addresses, and service numbers of all
1072	subscribers who have indicated to the provider their refusal to
1073	pay the fee.
1074	(d)  Each provider may retain 1 percent of the amount of
1075	the fees collected as reimbursement for the administrative costs
1076	incurred by the provider to bill, collect, and remit the fee.
1077	The remainder shall be delivered to the board and deposited in
1078	the fund. The board shall distribute the remainder pursuant to
1079	s. 365.173.
1080	(e)  Each provider shall deliver revenues from the fee to
1081	the board within 60 days after the end of the month in which the
1082	fee was billed, together with a monthly report of the number of
1083	wireless customers whose place of primary use is in each county.
1084	A provider may apply to the board for a refund of, or may take a
1085	credit for, any fees remitted to the board which are not
1086	collected by the provider within 6 months following the month in
1087	which the fees are charged off for federal income tax purposes
1088	as bad debt. The board may waive the requirement that the fees
1089	and number of customers whose place of primary use is in each
1090	county be submitted to the board each month and authorize a
1091	provider to submit the fees and number of customers quarterly if
1092	the provider demonstrates that such waiver is necessary and
1093	justified.
1094	(f)  For purposes of this section, the definitions
1095	contained in s. 202.11 and the provisions of s. 202.155 apply in
1096	the same manner and to the same extent as such definitions and
1097	provisions apply to the taxes levied pursuant to chapter 202 on
1098	mobile communications services.
1099	(g)  As used in this subsection, the term "provider"
1100	includes any person or entity that resells wireless service and
1101	was not assessed the fee by its resale supplier.
1102	(10)  PROVISION OF SERVICES.--In accordance with the order,
1103	a provider is not required to provide E911 service until:
1104	(a)  The provider receives a request in writing for such
1105	service from the county 911 coordinator and the affected
1106	answering point is capable of receiving and using the data
1107	elements associated with the service.
1108	(b)  Funds are available under s. 365.173(2)(b).
1109	(c)  The local exchange carrier is able to support the E911
1110	system.
1111	(d)  The service area has been scheduled for implementation
1112	of E911 service by the board pursuant to subparagraph (6)(a)3.
1113	If a county's 911 coordinator requests E911 service from a
1114	provider, the coordinator shall also request E911 service from
1115	all other providers in the area in a nondiscriminatory and fair
1116	manner.
1117	(12)(11)  FACILITATING E911 SERVICE IMPLEMENTATION.--To
1118	balance the public need for reliable E911 services through
1119	reliable wireless systems and the public interest served by
1120	governmental zoning and land development regulations and
1121	notwithstanding any other law or local ordinance to the
1122	contrary, the following standards shall apply to a local
1123	government's actions, as a regulatory body, in the regulation of
1124	the placement, construction, or modification of a wireless
1125	communications facility. This subsection shall not, however, be
1126	construed to waive or alter the provisions of s. 286.011 or s.
1127	286.0115. For the purposes of this subsection only, "local
1128	government" shall mean any municipality or county and any agency
1129	of a municipality or county only. The term "local government"
1130	does not, however, include any airport, as defined by s.
1131	330.27(2), even if it is owned or controlled by or through a
1132	municipality, county, or agency of a municipality or county.
1133	Further, notwithstanding anything in this section to the
1134	contrary, this subsection does not apply to or control a local
1135	government's actions as a property or structure owner in the use
1136	of any property or structure owned by such entity for the
1137	placement, construction, or modification of wireless
1138	communications facilities. In the use of property or structures
1139	owned by the local government, however, a local government may
1140	not use its regulatory authority so as to avoid compliance with,
1141	or in a manner that does not advance, the provisions of this
1142	subsection.
1143	(a)  Collocation among wireless providers is encouraged by
1144	the state.
1145	1.a.  Collocations on towers, including nonconforming
1146	towers, that meet the requirements in sub-sub-subparagraphs (I),
1147	(II), and (III), are subject to only building permit review,
1148	which may include a review for compliance with this
1149	subparagraph. Such collocations are not subject to any design or
1150	placement requirements of the local government's land
1151	development regulations in effect at the time of the collocation
1152	that are more restrictive than those in effect at the time of
1153	the initial antennae placement approval, to any other portion of
1154	the land development regulations, or to public hearing review.
1155	This sub-subparagraph shall not preclude a public hearing for
1156	any appeal of the decision on the collocation application.
1157	(I)  The collocation does not increase the height of the
1158	tower to which the antennae are to be attached, measured to the
1159	highest point of any part of the tower or any existing antenna
1160	attached to the tower;
1161	(II)  The collocation does not increase the ground space
1162	area, commonly known as the compound, approved in the site plan
1163	for equipment enclosures and ancillary facilities; and
1164	(III)  The collocation consists of antennae, equipment
1165	enclosures, and ancillary facilities that are of a design and
1166	configuration consistent with all applicable regulations,
1167	restrictions, or conditions, if any, applied to the initial
1168	antennae placed on the tower and to its accompanying equipment
1169	enclosures and ancillary facilities and, if applicable, applied
1170	to the tower supporting the antennae. Such regulations may
1171	include the design and aesthetic requirements, but not
1172	procedural requirements, other than those authorized by this
1173	section, of the local government's land development regulations
1174	in effect at the time the initial antennae placement was
1175	approved.
1176	b.  Except for a historic building, structure, site,
1177	object, or district, or a tower included in sub-subparagraph a.,
1178	collocations on all other existing structures that meet the
1179	requirements in sub-sub-subparagraphs (I)-(IV) shall be subject
1180	to no more than building permit review, and an administrative
1181	review for compliance with this subparagraph. Such collocations
1182	are not subject to any portion of the local government's land
1183	development regulations not addressed herein, or to public
1184	hearing review. This sub-subparagraph shall not preclude a
1185	public hearing for any appeal of the decision on the collocation
1186	application.
1187	(I)  The collocation does not increase the height of the
1188	existing structure to which the antennae are to be attached,
1189	measured to the highest point of any part of the structure or
1190	any existing antenna attached to the structure;
1191	(II)  The collocation does not increase the ground space
1192	area, otherwise known as the compound, if any, approved in the
1193	site plan for equipment enclosures and ancillary facilities;
1194	(III)  The collocation consists of antennae, equipment
1195	enclosures, and ancillary facilities that are of a design and
1196	configuration consistent with any applicable structural or
1197	aesthetic design requirements and any requirements for location
1198	on the structure, but not prohibitions or restrictions on the
1199	placement of additional collocations on the existing structure
1200	or procedural requirements, other than those authorized by this
1201	section, of the local government's land development regulations
1202	in effect at the time of the collocation application; and
1203	(IV)  The collocation consists of antennae, equipment
1204	enclosures, and ancillary facilities that are of a design and
1205	configuration consistent with all applicable restrictions or
1206	conditions, if any, that do not conflict with sub-sub-
1207	subparagraph (III) and were applied to the initial antennae
1208	placed on the structure and to its accompanying equipment
1209	enclosures and ancillary facilities and, if applicable, applied
1210	to the structure supporting the antennae.
1211	c.  Regulations, restrictions, conditions, or permits of
1212	the local government, acting in its regulatory capacity, that
1213	limit the number of collocations or require review processes
1214	inconsistent with this subsection shall not apply to
1215	collocations addressed in this subparagraph.
1216	d.  If only a portion of the collocation does not meet the
1217	requirements of this subparagraph, such as an increase in the
1218	height of the proposed antennae over the existing structure
1219	height or a proposal to expand the ground space approved in the
1220	site plan for the equipment enclosure, where all other portions
1221	of the collocation meet the requirements of this subparagraph,
1222	that portion of the collocation only may be reviewed under the
1223	local government's regulations applicable to an initial
1224	placement of that portion of the facility, including, but not
1225	limited to, its land development regulations, and within the
1226	review timeframes of subparagraph (d)2., and the rest of the
1227	collocation shall be reviewed in accordance with this
1228	subparagraph. A collocation proposal under this subparagraph
1229	that increases the ground space area, otherwise known as the
1230	compound, approved in the original site plan for equipment
1231	enclosures and ancillary facilities by no more than a cumulative
1232	amount of 400 square feet or 50 percent of the original compound
1233	size, whichever is greater, shall, however, require no more than
1234	administrative review for compliance with the local government's
1235	regulations, including, but not limited to, land development
1236	regulations review, and building permit review, with no public
1237	hearing review. This sub-subparagraph shall not preclude a
1238	public hearing for any appeal of the decision on the collocation
1239	application.
1240	2.  If a collocation does not meet the requirements of
1241	subparagraph 1., the local government may review the application
1242	under the local government's regulations, including, but not
1243	limited to, land development regulations, applicable to the
1244	placement of initial antennae and their accompanying equipment
1245	enclosure and ancillary facilities.
1246	3.  If a collocation meets the requirements of subparagraph
1247	1., the collocation shall not be considered a modification to an
1248	existing structure or an impermissible modification of a
1249	nonconforming structure.
1250	4.  The owner of the existing tower on which the proposed
1251	antennae are to be collocated shall remain responsible for
1252	compliance with any applicable condition or requirement of a
1253	permit or agreement, or any applicable condition or requirement
1254	of the land development regulations to which the existing tower
1255	had to comply at the time the tower was permitted, including any
1256	aesthetic requirements, provided the condition or requirement is
1257	not inconsistent with this paragraph.
1258	5.  An existing tower, including a nonconforming tower, may
1259	be structurally modified in order to permit collocation or may
1260	be replaced through no more than administrative review and
1261	building permit review, and is not subject to public hearing
1262	review, if the overall height of the tower is not increased and,
1263	if a replacement, the replacement tower is a monopole tower or,
1264	if the existing tower is a camouflaged tower, the replacement
1265	tower is a like-camouflaged tower. This subparagraph shall not
1266	preclude a public hearing for any appeal of the decision on the
1267	application.
1268	(b)1.  A local government's land development and
1269	construction regulations for wireless communications facilities
1270	and the local government's review of an application for the
1271	placement, construction, or modification of a wireless
1272	communications facility shall only address land development or
1273	zoning issues. In such local government regulations or review,
1274	the local government may not require information on or evaluate
1275	a wireless provider's business decisions about its service,
1276	customer demand for its service, or quality of its service to or
1277	from a particular area or site, unless the wireless provider
1278	voluntarily offers this information to the local government. In
1279	such local government regulations or review, a local government
1280	may not require information on or evaluate the wireless
1281	provider's designed service unless the information or materials
1282	are directly related to an identified land development or zoning
1283	issue or unless the wireless provider voluntarily offers the
1284	information. Information or materials directly related to an
1285	identified land development or zoning issue may include, but are
1286	not limited to, evidence that no existing structure can
1287	reasonably be used for the antennae placement instead of the
1288	construction of a new tower, that residential areas cannot be
1289	served from outside the residential area, as addressed in
1290	subparagraph 3., or that the proposed height of a new tower or
1291	initial antennae placement or a proposed height increase of a
1292	modified tower, replacement tower, or collocation is necessary
1293	to provide the provider's designed service. Nothing in this
1294	paragraph shall limit the local government from reviewing any
1295	applicable land development or zoning issue addressed in its
1296	adopted regulations that does not conflict with this section,
1297	including, but not limited to, aesthetics, landscaping, land use
1298	based location priorities, structural design, and setbacks.
1299	2.  Any setback or distance separation required of a tower
1300	may not exceed the minimum distance necessary, as determined by
1301	the local government, to satisfy the structural safety or
1302	aesthetic concerns that are to be protected by the setback or
1303	distance separation.
1304	3.  A local government may exclude the placement of
1305	wireless communications facilities in a residential area or
1306	residential zoning district but only in a manner that does not
1307	constitute an actual or effective prohibition of the provider's
1308	service in that residential area or zoning district. If a
1309	wireless provider demonstrates to the satisfaction of the local
1310	government that the provider cannot reasonably provide its
1311	service to the residential area or zone from outside the
1312	residential area or zone, the municipality or county and
1313	provider shall cooperate to determine an appropriate location
1314	for a wireless communications facility of an appropriate design
1315	within the residential area or zone. The local government may
1316	require that the wireless provider reimburse the reasonable
1317	costs incurred by the local government for this cooperative
1318	determination. An application for such cooperative determination
1319	shall not be considered an application under paragraph (d).
1320	4.  A local government may impose a reasonable fee on
1321	applications to place, construct, or modify a wireless
1322	communications facility only if a similar fee is imposed on
1323	applicants seeking other similar types of zoning, land use, or
1324	building permit review. A local government may impose fees for
1325	the review of applications for wireless communications
1326	facilities by consultants or experts who conduct code compliance
1327	review for the local government but any fee is limited to
1328	specifically identified reasonable expenses incurred in the
1329	review. A local government may impose reasonable surety
1330	requirements to ensure the removal of wireless communications
1331	facilities that are no longer being used.
1332	5.  A local government may impose design requirements, such
1333	as requirements for designing towers to support collocation or
1334	aesthetic requirements, except as otherwise limited in this
1335	section, but shall not impose or require information on
1336	compliance with building code type standards for the
1337	construction or modification of wireless communications
1338	facilities beyond those adopted by the local government under
1339	chapter 553 and that apply to all similar types of construction.
1340	(c)  Local governments may not require wireless providers
1341	to provide evidence of a wireless communications facility's
1342	compliance with federal regulations, except evidence of
1343	compliance with applicable Federal Aviation Administration
1344	requirements under 14 C.F.R. s. 77, as amended, and evidence of
1345	proper Federal Communications Commission licensure, or other
1346	evidence of Federal Communications Commission authorized
1347	spectrum use, but may request the Federal Communications
1348	Commission to provide information as to a wireless provider's
1349	compliance with federal regulations, as authorized by federal
1350	law.
1351	(d)1.  A local government shall grant or deny each properly
1352	completed application for a collocation under subparagraph (a)1.
1353	based on the application's compliance with the local
1354	government's applicable regulations, as provided for in
1355	subparagraph (a)1. and consistent with this subsection, and
1356	within the normal timeframe for a similar building permit review
1357	but in no case later than 45 business days after the date the
1358	application is determined to be properly completed in accordance
1359	with this paragraph.
1360	2.  A local government shall grant or deny each properly
1361	completed application for any other wireless communications
1362	facility based on the application's compliance with the local
1363	government's applicable regulations, including but not limited
1364	to land development regulations, consistent with this subsection
1365	and within the normal timeframe for a similar type review but in
1366	no case later than 90 business days after the date the
1367	application is determined to be properly completed in accordance
1368	with this paragraph.
1369	3.a.  An application is deemed submitted or resubmitted on
1370	the date the application is received by the local government. If
1371	the local government does not notify the applicant in writing
1372	that the application is not completed in compliance with the
1373	local government's regulations within 20 business days after the
1374	date the application is initially submitted or additional
1375	information resubmitted, the application is deemed, for
1376	administrative purposes only, to be properly completed and
1377	properly submitted. However, the determination shall not be
1378	deemed as an approval of the application. If the application is
1379	not completed in compliance with the local government's
1380	regulations, the local government shall so notify the applicant
1381	in writing and the notification must indicate with specificity
1382	any deficiencies in the required documents or deficiencies in
1383	the content of the required documents which, if cured, make the
1384	application properly completed. Upon resubmission of information
1385	to cure the stated deficiencies, the local government shall
1386	notify the applicant, in writing, within the normal timeframes
1387	of review, but in no case longer than 20 business days after the
1388	additional information is submitted, of any remaining
1389	deficiencies that must be cured. Deficiencies in document type
1390	or content not specified by the local government do not make the
1391	application incomplete. Notwithstanding this sub-subparagraph,
1392	if a specified deficiency is not properly cured when the
1393	applicant resubmits its application to comply with the notice of
1394	deficiencies, the local government may continue to request the
1395	information until such time as the specified deficiency is
1396	cured. The local government may establish reasonable timeframes
1397	within which the required information to cure the application
1398	deficiency is to be provided or the application will be
1399	considered withdrawn or closed.
1400	b.  If the local government fails to grant or deny a
1401	properly completed application for a wireless communications
1402	facility within the timeframes set forth in this paragraph, the
1403	application shall be deemed automatically approved and the
1404	applicant may proceed with placement of the facilities without
1405	interference or penalty. The timeframes specified in
1406	subparagraph 2. may be extended only to the extent that the
1407	application has not been granted or denied because the local
1408	government's procedures generally applicable to all other
1409	similar types of applications require action by the governing
1410	body and such action has not taken place within the timeframes
1411	specified in subparagraph 2. Under such circumstances, the local
1412	government must act to either grant or deny the application at
1413	its next regularly scheduled meeting or, otherwise, the
1414	application is deemed to be automatically approved.
1415	c.  To be effective, a waiver of the timeframes set forth
1416	in this paragraph must be voluntarily agreed to by the applicant
1417	and the local government. A local government may request, but
1418	not require, a waiver of the timeframes by the applicant, except
1419	that, with respect to a specific application, a one-time waiver
1420	may be required in the case of a declared local, state, or
1421	federal emergency that directly affects the administration of
1422	all permitting activities of the local government.
1423	(e)  The replacement of or modification to a wireless
1424	communications facility, except a tower, that results in a
1425	wireless communications facility not readily discernibly
1426	different in size, type, and appearance when viewed from ground
1427	level from surrounding properties, and the replacement or
1428	modification of equipment that is not visible from surrounding
1429	properties, all as reasonably determined by the local
1430	government, are subject to no more than applicable building
1431	permit review.
1432	(f)  Any other law to the contrary notwithstanding, the
1433	Department of Management Services shall negotiate, in the name
1434	of the state, leases for wireless communications facilities that
1435	provide access to state government-owned property not acquired
1436	for transportation purposes, and the Department of
1437	Transportation shall negotiate, in the name of the state, leases
1438	for wireless communications facilities that provide access to
1439	property acquired for state rights-of-way. On property acquired
1440	for transportation purposes, leases shall be granted in
1441	accordance with s. 337.251. On other state government-owned
1442	property, leases shall be granted on a space available, first-
1443	come, first-served basis. Payments required by state government
1444	under a lease must be reasonable and must reflect the market
1445	rate for the use of the state government-owned property. The
1446	Department of Management Services and the Department of
1447	Transportation are authorized to adopt rules for the terms and
1448	conditions and granting of any such leases.
1449	(g)  If any person adversely affected by any action, or
1450	failure to act, or regulation, or requirement of a local
1451	government in the review or regulation of the wireless
1452	communication facilities files an appeal or brings an
1453	appropriate action in a court or venue of competent
1454	jurisdiction, following the exhaustion of all administrative
1455	remedies, the matter shall be considered on an expedited basis.
1456	(13)(12)  MISUSE OF WIRELESS 911 OR E911 SYSTEM;
1457	PENALTY.--E911 service must be used solely for emergency
1458	communications by the public. Any person who accesses the number
1459	911 for the purpose of making a false alarm or complaint or
1460	reporting false information that could result in the emergency
1461	response of any public safety agency; any person who knowingly
1462	uses or attempts to use such service for a purpose other than
1463	obtaining public safety assistance;, or any person who knowingly
1464	uses or attempts to use such service in an effort to avoid any
1465	charge for service, commits a misdemeanor of the first degree,
1466	punishable as provided in s. 775.082 or s. 775.083. After being
1467	convicted of unauthorized use of such service four times, a
1468	person who continues to engage in such unauthorized use commits
1469	a felony of the third degree, punishable as provided in s.
1470	775.082, s. 775.083, or s. 775.084. In addition, if the value of
1471	the service or the service charge obtained in a manner
1472	prohibited by this subsection exceeds $100, the person
1473	committing the offense commits a felony of the third degree,
1474	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1475	(14)(13)  STATE LAW NOT PREEMPTED.--This section and ss.
1476	365.173 and 365.174 do not alter any state law that otherwise
1477	regulates voice communications services providers of
1478	telecommunications service.
1479	Section 3.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.