Florida Senate - 2018              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 190
       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.
   16  Be It Enacted by the Legislature of the State of Florida:
   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, and 365.174, 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.