Florida Senate - 2018 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 190 Ì889976sÎ889976 576-03030-18 Proposed Committee Substitute by the Committee on Appropriations (Appropriations Subcommittee on General Government) 1 A bill to be entitled 2 An act relating to 911 services; amending s. 365.172, 3 F.S.; requiring counties to develop a plan for 4 implementing a text-to-911 system and implement a 5 system to receive E911 text messages by a specified 6 date; creating s. 365.176, F.S.; requiring that the 7 Technology Program within the Department of Management 8 Services develop and implement a plan to require that 9 emergency dispatchers be able to transfer an emergency 10 call from one E911 system to another E911 system in 11 the state; amending s. 365.172, F.S.; revising the 12 applicability of definitions; providing a declaration 13 of important state interest; providing an effective 14 date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Subsection (15) of section 365.172, Florida 19 Statutes, is renumbered as subsection (16), and a new subsection 20 (15) is added to that section, to read: 21 365.172 Emergency communications number “E911.”— 22 (15) TEXT-TO-911 SERVICE.—Each county shall develop a 23 countywide implementation plan for text-to-911 services and, by 24 January 1, 2021, have in place a system to receive E911 text 25 messages from providers. 26 Section 2. Section 365.176, Florida Statutes, is created to 27 read: 28 365.176 Transfer of E911 calls between systems.— 29 (1) The office shall develop and implement a plan by 30 January 1, 2019, to require that a 911 public safety 31 telecommunicator, when prudent and requested by a caller or when 32 necessary, be able to transfer an emergency call from one local, 33 multijurisdictional, or regional E911 system to another local, 34 multijurisdictional, or regional E911 system in the state. 35 (2) In developing and implementing this plan, the office 36 shall: 37 (a) Coordinate with public agencies to identify and resolve 38 any technological or logistical issues in implementing this 39 section. 40 (b) Identify or establish a system or clearinghouse for 41 maintaining contact information for all E911 systems in the 42 state. 43 (c) Establish a date, considering any technological, 44 logistical, financial, or other identified issues, by when all 45 E911 systems in the state must be able to transfer emergency 46 calls pursuant to subsection (1). 47 Section 3. Subsection (3) of section 365.172, Florida 48 Statutes, is amended to read: 49 365.172 Emergency communications number “E911.”— 50 (3) DEFINITIONS.—Only as used in this section and ss. 51 365.171, 365.173,
and365.174, and 365.176, the term: 52 (a) “Authorized expenditures” means expenditures of the 53 fee, as specified in subsection (10). 54 (b) “Automatic location identification” means the 55 capability of the E911 service which enables the automatic 56 display of information that defines the approximate geographic 57 location of the wireless telephone, or the location of the 58 address of the wireline telephone, used to place a 911 call. 59 (c) “Automatic number identification” means the capability 60 of the E911 service which enables the automatic display of the 61 service number used to place a 911 call. 62 (d) “Board” or “E911 Board” means the board of directors of 63 the E911 Board established in subsection (5). 64 (e) “Building permit review” means a review for compliance 65 with building construction standards adopted by the local 66 government under chapter 553 and does not include a review for 67 compliance with land development regulations. 68 (f) “Collocation” means the situation when a second or 69 subsequent wireless provider uses an existing structure to 70 locate a second or subsequent antennae. The term includes the 71 ground, platform, or roof installation of equipment enclosures, 72 cabinets, or buildings, and cables, brackets, and other 73 equipment associated with the location and operation of the 74 antennae. 75 (g) “Designed service” means the configuration and manner 76 of deployment of service the wireless provider has designed for 77 an area as part of its network. 78 (h) “Enhanced 911” or “E911” means an enhanced 911 system 79 or enhanced 911 service that is an emergency telephone system or 80 service that provides a subscriber with 911 service and, in 81 addition, directs 911 calls to appropriate public safety 82 answering points by selective routing based on the geographical 83 location from which the call originated, or as otherwise 84 provided in the state plan under s. 365.171, and that provides 85 for automatic number identification and automatic location 86 identification features. E911 service provided by a wireless 87 provider means E911 as defined in the order. 88 (i) “Existing structure” means a structure that exists at 89 the time an application for permission to place antennae on a 90 structure is filed with a local government. The term includes 91 any structure that can structurally support the attachment of 92 antennae in compliance with applicable codes. 93 (j) “Fee” means the E911 fee authorized and imposed under 94 subsections (8) and (9). 95 (k) “Fund” means the Emergency Communications Number E911 96 System Fund established in s. 365.173 and maintained under this 97 section for the purpose of recovering the costs associated with 98 providing 911 service or E911 service, including the costs of 99 implementing the order. The fund shall be segregated into 100 wireless, prepaid wireless, and nonwireless categories. 101 (l) “Historic building, structure, site, object, or 102 district” means any building, structure, site, object, or 103 district that has been officially designated as a historic 104 building, historic structure, historic site, historic object, or 105 historic district through a federal, state, or local designation 106 program. 107 (m) “Land development regulations” means any ordinance 108 enacted by a local government for the regulation of any aspect 109 of development, including an ordinance governing zoning, 110 subdivisions, landscaping, tree protection, or signs, the local 111 government’s comprehensive plan, or any other ordinance 112 concerning any aspect of the development of land. The term does 113 not include any building construction standard adopted under and 114 in compliance with chapter 553. 115 (n) “Local exchange carrier” means a “competitive local 116 exchange telecommunications company” or a “local exchange 117 telecommunications company” as defined in s. 364.02. 118 (o) “Local government” means any municipality, county, or 119 political subdivision or agency of a municipality, county, or 120 political subdivision. 121 (p) “Medium county” means any county that has a population 122 of 75,000 or more but less than 750,000. 123 (q) “Mobile telephone number” or “MTN” means the telephone 124 number assigned to a wireless telephone at the time of initial 125 activation. 126 (r) “Nonwireless category” means the revenues to the fund 127 received from voice communications services providers other than 128 wireless providers. 129 (s) “Office” means the Technology Program within the 130 Department of Management Services, as designated by the 131 secretary of the department. 132 (t) “Order” means: 133 1. The following orders and rules of the Federal 134 Communications Commission issued in FCC Docket No. 94-102: 135 a. Order adopted on June 12, 1996, with an effective date 136 of October 1, 1996, the amendments to s. 20.03 and the creation 137 of s. 20.18 of Title 47 of the Code of Federal Regulations 138 adopted by the Federal Communications Commission pursuant to 139 such order. 140 b. Memorandum and Order No. FCC 97-402 adopted on December 141 23, 1997. 142 c. Order No. FCC DA 98-2323 adopted on November 13, 1998. 143 d. Order No. FCC 98-345 adopted December 31, 1998. 144 2. Orders and rules subsequently adopted by the Federal 145 Communications Commission relating to the provision of 911 146 services, including Order Number FCC-05-116, adopted May 19, 147 2005. 148 (u) “Prepaid wireless category” means all revenues in the 149 fund received through the Department of Revenue from the fee 150 authorized and imposed under subsection (9). 151 (v) “Prepaid wireless service” means a right to access 152 wireless service that allows a caller to contact and interact 153 with 911 to access the 911 system, which service must be paid 154 for in advance and is sold in predetermined units or dollars, 155 which units or dollars expire on a predetermined schedule or are 156 decremented on a predetermined basis in exchange for the right 157 to access wireless service. 158 (w) “Public agency” means the state and any municipality, 159 county, municipal corporation, or other governmental entity, 160 public district, or public authority located in whole or in part 161 within this state which provides, or has authority to provide, 162 firefighting, law enforcement, ambulance, medical, or other 163 emergency services. 164 (x) “Public safety agency” means a functional division of a 165 public agency which provides firefighting, law enforcement, 166 medical, or other emergency services. 167 (y) “Public safety answering point,” “PSAP,” or “answering 168 point” means the public safety agency that receives incoming 911 169 requests for assistance and dispatches appropriate public safety 170 agencies to respond to the requests in accordance with the state 171 E911 plan. 172 (z) “Rural county” means any county that has a population 173 of fewer than 75,000. 174 (aa) “Service identifier” means the service number, access 175 line, or other unique identifier assigned to a subscriber and 176 established by the Federal Communications Commission for 177 purposes of routing calls whereby the subscriber has access to 178 the E911 system. 179 (bb) “Tower” means any structure designed primarily to 180 support a wireless provider’s antennae. 181 (cc) “Voice communications services” means two-way voice 182 service, through the use of any technology, which actually 183 provides access to E911 services, and includes communications 184 services, as defined in s. 202.11, which actually provide access 185 to E911 services and which are required to be included in the 186 provision of E911 services pursuant to orders and rules adopted 187 by the Federal Communications Commission. The term includes 188 voice-over-Internet-protocol service. For the purposes of this 189 section, the term “voice-over-Internet-protocol service” or 190 “VoIP service” means interconnected VoIP services having the 191 following characteristics: 192 1. The service enables real-time, two-way voice 193 communications; 194 2. The service requires a broadband connection from the 195 user’s locations; 196 3. The service requires IP-compatible customer premises 197 equipment; and 198 4. The service offering allows users generally to receive 199 calls that originate on the public switched telephone network 200 and to terminate calls on the public switched telephone network. 201 (dd) “Voice communications services provider” or “provider” 202 means any person or entity providing voice communications 203 services, except that the term does not include any person or 204 entity that resells voice communications services and was 205 assessed the fee authorized and imposed under subsection (8) by 206 its resale supplier. 207 (ee) “Wireless 911 system” or “wireless 911 service” means 208 an emergency telephone system or service that provides a 209 subscriber with the ability to reach an answering point by 210 accessing the digits 911. 211 (ff) “Wireless category” means the revenues to the fund 212 received from a wireless provider from the fee authorized and 213 imposed under subsection (8). 214 (gg) “Wireless communications facility” means any equipment 215 or facility used to provide service and may include, but is not 216 limited to, antennae, towers, equipment enclosures, cabling, 217 antenna brackets, and other such equipment. Placing a wireless 218 communications facility on an existing structure does not cause 219 the existing structure to become a wireless communications 220 facility. 221 (hh) “Wireless provider” means a person who provides 222 wireless service and: 223 1. Is subject to the requirements of the order; or 224 2. Elects to provide wireless 911 service or E911 service 225 in this state. 226 (ii) “Wireless service” means “commercial mobile radio 227 service” as provided under ss. 3(27) and 332(d) of the Federal 228 Telecommunications Act of 1996, 47 U.S.C. ss. 151 et seq., and 229 the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103 230 66, August 10, 1993, 107 Stat. 312. The term includes service 231 provided by any wireless real-time two-way wire communication 232 device, including radio-telephone communications used in 233 cellular telephone service; personal communications service; or 234 the functional or competitive equivalent of a radio-telephone 235 communications line used in cellular telephone service, a 236 personal communications service, or a network radio access line. 237 The term does not include wireless providers that offer mainly 238 dispatch service in a more localized, noncellular configuration; 239 providers offering only data, one-way, or stored-voice services 240 on an interconnected basis; providers of air-to-ground services; 241 or public coast stations. 242 Section 4. The Legislature finds that there is an important 243 state interest in ensuring that 911 telecommunications are 244 routed to the most appropriate 911 system in the most 245 expeditious manner possible in order to protect public safety. 246 Thus, a proper and legitimate state purpose is served when local 247 government 911 public safety telecommunicators are able to 248 transfer and receive transfers of emergency calls from other 249 local, multijurisdictional, or regional E911 systems in the 250 state. Therefore, the Legislature finds and declares that this 251 act fulfills an important state interest. 252 Section 5. This act shall take effect July 1, 2018.