HB 801

1
A bill to be entitled
2An act relating to emergency 911 service; amending s.
3365.172, F.S.; revising the qualifications required
4for the members of the E911 Board; requiring that a
5voice communications service provider, other than a
6wireless service provider, impose a fee based on the
7number of access lines to the E911 system and on the
8basis of certain access lines for each digital
9transmission link, up to a specified number of access
10lines per account bill rendered; revising the criteria
11that a local government may use in order to indemnify
12a local carrier; expanding the types of providers that
13may be indemnified and that are not liable for certain
14damages; revising cross-references; defining the term
15"provide 911 or E911 service"; amending s. 427.706,
16F.S.; removing the requirement that the Florida
17Telephone Association recommend certain
18representatives to an advisory committee to the Public
19Service Commission; providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Paragraphs (a) and (b) of subsection (5),
24paragraphs (a) and (e) of subsection (8), and subsection (11) of
25section 365.172, Florida Statutes, are amended to read:
26     365.172  Emergency communications number "E911."-
27     (5)  THE E911 BOARD.-
28     (a)  The E911 Board is established to administer, with
29oversight by the office, the fee imposed under subsection (8),
30including receiving revenues derived from the fee; distributing
31portions of the revenues to wireless providers, counties, and
32the office; accounting for receipts, distributions, and income
33derived by the funds maintained in the fund; and providing
34annual reports to the Governor and the Legislature for
35submission by the office on amounts collected and expended, the
36purposes for which expenditures have been made, and the status
37of E911 service in this state. In order to advise and assist the
38office in implementing carrying out the purposes of this
39section, the board, which has shall have the power of a body
40corporate, has the powers enumerated in subsection (6).
41     (b)  The board shall consist of nine members, one of whom
42must be the system director designated under s. 365.171(5), or
43his or her designee, who shall serve as the chair of the board.
44The remaining eight members of the board shall be appointed by
45the Governor and must be composed of four county 911
46coordinators, consisting of a representative from a rural
47county, a representative from a medium county, a representative
48from a large county, and an at-large representative recommended
49by the Florida Association of Counties in consultation with the
50county 911 coordinators; three two local exchange carrier member
51representatives members, one of whom which must be a
52representative of the local exchange carrier having the greatest
53number of access lines in the state and one of whom must be a
54representative of a certificated competitive local exchange
55telecommunications company; and one member representative two
56members from the wireless telecommunications industry, with
57recommended by the Florida Telecommunications Industry
58Association in consultation with the wireless telecommunications
59industry. In recommending members from the wireless
60telecommunications industry, consideration must be given to
61wireless providers that who are not affiliated with local
62exchange carriers. Not more than one member may be appointed to
63represent any single provider on the board.
64     (8)  E911 FEE.-
65     (a)  Each voice communications services provider shall
66collect the fee described in this subsection. Each provider, as
67part of its monthly billing process, shall bill the fee as
68follows. The fee may shall not be assessed on any pay telephone
69in the state.
70     1.  Each voice communications service provider other than a
71wireless provider local exchange carrier shall bill the fee to a
72subscriber based on the number of access lines having access to
73the E911 system, the local exchange subscribers on a service-
74identifier basis, up to a maximum of 25 access lines per account
75bill rendered.
76     2.  Each voice communications service provider other than a
77wireless provider shall bill the fee to a subscriber on a basis
78of five service-identified access lines for each digital
79transmission link, including primary rate interface service or
80equivalent Digital Signal 1 level service, which can be
81channelized and split into 23 or 24 voice or data grade channels
82for communications, up to a maximum of 25 access lines per
83account bill rendered.
84     3.2.  Except in the case of prepaid wireless service, each
85wireless provider shall bill the fee to a subscriber on a per-
86service-identifier basis for service identifiers whose primary
87place of use is within this state. Before July 1, 2013, the fee
88may shall not be assessed on or collected from a provider with
89respect to an end user's service if that end user's service is a
90prepaid calling arrangement that is subject to s. 212.05(1)(e).
91     a.  A No E911 fee may not shall be collected from the sale
92of prepaid wireless service before prior to July 1, 2013.
93     b.  For purposes of this section, the term:
94     (I)  "Prepaid wireless service" means the right to access
95telecommunications services, which that must be paid for in
96advance and is sold in predetermined units or dollars enabling
97the originator to make calls such that the number of units or
98dollars declines with use in a known amount.
99     (II)  "Prepaid wireless service providers" includes those
100persons who sell prepaid wireless service regardless of its
101form, either as a retailer or reseller.
102     4.3.  The All voice communications services providers not
103addressed under subparagraphs 1., 2., and 3. 2. shall bill the
104fee on a per-service-identifier basis for service identifiers
105whose primary place of use is within the state up to a maximum
106of 25 service identifiers for each account bill rendered.
107
108The provider may list the fee as a separate entry on each bill,
109in which case the fee must be identified as a fee for E911
110services. A provider shall remit the fee to the board only if
111the fee is paid by the subscriber. If a provider receives a
112partial payment for a monthly bill from a subscriber, the amount
113received shall first be applied to the payment due the provider
114for providing voice communications service.
115     (e)  Effective September 1, 2007, voice communications
116services providers billing the fee to subscribers shall deliver
117revenues from the fee to the board within 60 days after the end
118of the month in which the fee was billed, together with a
119monthly report of the number of service identifiers in each
120county. Each wireless provider and other applicable provider
121identified in subparagraph (a)4. (a)3. shall report the number
122of service identifiers for subscribers whose place of primary
123use is in each county. All provider subscriber information
124provided to the board is subject to s. 365.174. If a provider
125chooses to remit any fee amounts to the board before they are
126paid by the subscribers, a provider may apply to the board for a
127refund of, or may take a credit for, any such fees remitted to
128the board which are not collected by the provider within 6
129months following the month in which the fees are charged off for
130federal income tax purposes as bad debt.
131     (11)  INDEMNIFICATION AND LIMITATION OF LIABILITY.-A local
132government may governments are authorized to undertake to
133indemnify local exchange carriers against liability in
134accordance with the published schedules lawfully filed tariffs
135of the company. Notwithstanding an indemnification agreement, a
136local exchange carrier, voice communications services provider,
137or other service provider that provides 911 or E911 service on a
138retail or wholesale basis is not liable for damages resulting
139from or in connection with 911 or E911 service, or for
140identification of the telephone number, or address, or name
141associated with any person accessing 911 or E911 service, unless
142the carrier or the voice communications services provider acted
143with malicious purpose or in a manner exhibiting wanton and
144willful disregard of the rights, safety, or property of a person
145when providing such services. A carrier or voice communications
146services provider is not liable for damages to any person
147resulting from or in connection with the carrier's or provider's
148provision of any lawful assistance to any investigative or law
149enforcement officer of the United States, this state, or a
150political subdivision thereof, or of any other state or
151political subdivision thereof, in connection with any lawful
152investigation or other law enforcement activity by such law
153enforcement officer. For purposes of this subsection, the term
154"provide 911 or E911 service" means to provide a
155telecommunications service, voice or nonvoice communications
156service, or other wireline or wireless service, including, but
157not limited to, a service using Internet protocol, which
158provides, in whole or in part, any of the following functions:
159providing members of the public with the ability to reach an
160answering point by using the digits 9-1-1; directing 911 calls
161to answering points by selective routing; providing for
162automatic number identification and automatic location-
163identification features; or providing wireless E911 services as
164defined in an order.
165     Section 2.  Paragraph (e) of subsection (1) and subsection
166(3) of section 427.706, Florida Statutes, are amended to read:
167     427.706  Advisory committee.-
168     (1)  The commission shall appoint an advisory committee to
169assist the commission with the implementation of the provisions
170of this part. The committee shall be composed of no more than 10
171persons and shall include, to the extent practicable, the
172following:
173     (e)  Two representatives of telecommunications companies,
174one representing a local exchange telecommunications company and
175one representing an interexchange telecommunications company,
176recommended by the Florida Telephone Association.
177     (3)  Members of the committee may shall not be compensated
178for their services but are shall be entitled to receive
179reimbursement for per diem and travel expenses as provided in s.
180112.061. The commission shall use funds from the Florida Public
181Service Regulatory Trust Fund to cover the costs incurred by
182members of the advisory committee.
183     Section 3.  This act shall take effect July 1, 2012.


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