Florida Senate - 2018                                     SB 190
       By Senator Steube
       23-00056-18                                            2018190__
    1                        A bill to be entitled                      
    2         An act relating to E911 systems; creating s. 365.176,
    3         F.S.; requiring that the Technology Program within the
    4         Department of Management Services develop and
    5         implement a plan to require that emergency dispatchers
    6         be able to transfer an emergency call from one E911
    7         system to another E911 system in the state; amending
    8         s. 365.172, F.S.; revising the applicability of
    9         definitions; providing an effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Section 365.176, Florida Statutes, is created to
   14  read:
   15         365.176 Transfer of E911 calls between systems.—
   16         (1)The office shall develop and implement a plan by
   17  January 1, 2019, to require that a 911 public safety
   18  telecommunicator, when prudent and requested by a caller or when
   19  necessary, be able to transfer an emergency call from one local,
   20  multijurisdictional, or regional E911 system to another local,
   21  multijurisdictional, or regional E911 system in the state.
   22         (2)In developing and implementing this plan, the office
   23  shall:
   24         (a)Coordinate with public agencies to identify and resolve
   25  any technological or logistical issues in implementing this
   26  section.
   27         (b)Identify or establish a system or clearinghouse for
   28  maintaining contact information for all E911 systems in the
   29  state.
   30         (c)Establish a date, considering any technological,
   31  logistical, financial, or other identified issues, by when all
   32  E911 systems in the state must be able to transfer emergency
   33  calls pursuant to subsection (1).
   34         Section 2. Subsection (3) of section 365.172, Florida
   35  Statutes, is amended to read:
   36         365.172 Emergency communications number “E911.”—
   37         (3) DEFINITIONS.—Only as used in this section and ss.
   38  365.171, 365.173, and 365.174, and 365.176, the term:
   39         (a) “Authorized expenditures” means expenditures of the
   40  fee, as specified in subsection (10).
   41         (b) “Automatic location identification” means the
   42  capability of the E911 service which enables the automatic
   43  display of information that defines the approximate geographic
   44  location of the wireless telephone, or the location of the
   45  address of the wireline telephone, used to place a 911 call.
   46         (c) “Automatic number identification” means the capability
   47  of the E911 service which enables the automatic display of the
   48  service number used to place a 911 call.
   49         (d) “Board” or “E911 Board” means the board of directors of
   50  the E911 Board established in subsection (5).
   51         (e) “Building permit review” means a review for compliance
   52  with building construction standards adopted by the local
   53  government under chapter 553 and does not include a review for
   54  compliance with land development regulations.
   55         (f) “Collocation” means the situation when a second or
   56  subsequent wireless provider uses an existing structure to
   57  locate a second or subsequent antennae. The term includes the
   58  ground, platform, or roof installation of equipment enclosures,
   59  cabinets, or buildings, and cables, brackets, and other
   60  equipment associated with the location and operation of the
   61  antennae.
   62         (g) “Designed service” means the configuration and manner
   63  of deployment of service the wireless provider has designed for
   64  an area as part of its network.
   65         (h) “Enhanced 911” or “E911” means an enhanced 911 system
   66  or enhanced 911 service that is an emergency telephone system or
   67  service that provides a subscriber with 911 service and, in
   68  addition, directs 911 calls to appropriate public safety
   69  answering points by selective routing based on the geographical
   70  location from which the call originated, or as otherwise
   71  provided in the state plan under s. 365.171, and that provides
   72  for automatic number identification and automatic location
   73  identification features. E911 service provided by a wireless
   74  provider means E911 as defined in the order.
   75         (i) “Existing structure” means a structure that exists at
   76  the time an application for permission to place antennae on a
   77  structure is filed with a local government. The term includes
   78  any structure that can structurally support the attachment of
   79  antennae in compliance with applicable codes.
   80         (j) “Fee” means the E911 fee authorized and imposed under
   81  subsections (8) and (9).
   82         (k) “Fund” means the Emergency Communications Number E911
   83  System Fund established in s. 365.173 and maintained under this
   84  section for the purpose of recovering the costs associated with
   85  providing 911 service or E911 service, including the costs of
   86  implementing the order. The fund shall be segregated into
   87  wireless, prepaid wireless, and nonwireless categories.
   88         (l) “Historic building, structure, site, object, or
   89  district” means any building, structure, site, object, or
   90  district that has been officially designated as a historic
   91  building, historic structure, historic site, historic object, or
   92  historic district through a federal, state, or local designation
   93  program.
   94         (m) “Land development regulations” means any ordinance
   95  enacted by a local government for the regulation of any aspect
   96  of development, including an ordinance governing zoning,
   97  subdivisions, landscaping, tree protection, or signs, the local
   98  government’s comprehensive plan, or any other ordinance
   99  concerning any aspect of the development of land. The term does
  100  not include any building construction standard adopted under and
  101  in compliance with chapter 553.
  102         (n) “Local exchange carrier” means a “competitive local
  103  exchange telecommunications company” or a “local exchange
  104  telecommunications company” as defined in s. 364.02.
  105         (o) “Local government” means any municipality, county, or
  106  political subdivision or agency of a municipality, county, or
  107  political subdivision.
  108         (p) “Medium county” means any county that has a population
  109  of 75,000 or more but less than 750,000.
  110         (q) “Mobile telephone number” or “MTN” means the telephone
  111  number assigned to a wireless telephone at the time of initial
  112  activation.
  113         (r) “Nonwireless category” means the revenues to the fund
  114  received from voice communications services providers other than
  115  wireless providers.
  116         (s) “Office” means the Technology Program within the
  117  Department of Management Services, as designated by the
  118  secretary of the department.
  119         (t) “Order” means:
  120         1. The following orders and rules of the Federal
  121  Communications Commission issued in FCC Docket No. 94-102:
  122         a. Order adopted on June 12, 1996, with an effective date
  123  of October 1, 1996, the amendments to s. 20.03 and the creation
  124  of s. 20.18 of Title 47 of the Code of Federal Regulations
  125  adopted by the Federal Communications Commission pursuant to
  126  such order.
  127         b. Memorandum and Order No. FCC 97-402 adopted on December
  128  23, 1997.
  129         c. Order No. FCC DA 98-2323 adopted on November 13, 1998.
  130         d. Order No. FCC 98-345 adopted December 31, 1998.
  131         2. Orders and rules subsequently adopted by the Federal
  132  Communications Commission relating to the provision of 911
  133  services, including Order Number FCC-05-116, adopted May 19,
  134  2005.
  135         (u) “Prepaid wireless category” means all revenues in the
  136  fund received through the Department of Revenue from the fee
  137  authorized and imposed under subsection (9).
  138         (v) “Prepaid wireless service” means a right to access
  139  wireless service that allows a caller to contact and interact
  140  with 911 to access the 911 system, which service must be paid
  141  for in advance and is sold in predetermined units or dollars,
  142  which units or dollars expire on a predetermined schedule or are
  143  decremented on a predetermined basis in exchange for the right
  144  to access wireless service.
  145         (w) “Public agency” means the state and any municipality,
  146  county, municipal corporation, or other governmental entity,
  147  public district, or public authority located in whole or in part
  148  within this state which provides, or has authority to provide,
  149  firefighting, law enforcement, ambulance, medical, or other
  150  emergency services.
  151         (x) “Public safety agency” means a functional division of a
  152  public agency which provides firefighting, law enforcement,
  153  medical, or other emergency services.
  154         (y) “Public safety answering point,” “PSAP,” or “answering
  155  point” means the public safety agency that receives incoming 911
  156  requests for assistance and dispatches appropriate public safety
  157  agencies to respond to the requests in accordance with the state
  158  E911 plan.
  159         (z) “Rural county” means any county that has a population
  160  of fewer than 75,000.
  161         (aa) “Service identifier” means the service number, access
  162  line, or other unique identifier assigned to a subscriber and
  163  established by the Federal Communications Commission for
  164  purposes of routing calls whereby the subscriber has access to
  165  the E911 system.
  166         (bb) “Tower” means any structure designed primarily to
  167  support a wireless provider’s antennae.
  168         (cc) “Voice communications services” means two-way voice
  169  service, through the use of any technology, which actually
  170  provides access to E911 services, and includes communications
  171  services, as defined in s. 202.11, which actually provide access
  172  to E911 services and which are required to be included in the
  173  provision of E911 services pursuant to orders and rules adopted
  174  by the Federal Communications Commission. The term includes
  175  voice-over-Internet-protocol service. For the purposes of this
  176  section, the term “voice-over-Internet-protocol service” or
  177  “VoIP service” means interconnected VoIP services having the
  178  following characteristics:
  179         1. The service enables real-time, two-way voice
  180  communications;
  181         2. The service requires a broadband connection from the
  182  user’s locations;
  183         3. The service requires IP-compatible customer premises
  184  equipment; and
  185         4. The service offering allows users generally to receive
  186  calls that originate on the public switched telephone network
  187  and to terminate calls on the public switched telephone network.
  188         (dd) “Voice communications services provider” or “provider”
  189  means any person or entity providing voice communications
  190  services, except that the term does not include any person or
  191  entity that resells voice communications services and was
  192  assessed the fee authorized and imposed under subsection (8) by
  193  its resale supplier.
  194         (ee) “Wireless 911 system” or “wireless 911 service” means
  195  an emergency telephone system or service that provides a
  196  subscriber with the ability to reach an answering point by
  197  accessing the digits 911.
  198         (ff) “Wireless category” means the revenues to the fund
  199  received from a wireless provider from the fee authorized and
  200  imposed under subsection (8).
  201         (gg) “Wireless communications facility” means any equipment
  202  or facility used to provide service and may include, but is not
  203  limited to, antennae, towers, equipment enclosures, cabling,
  204  antenna brackets, and other such equipment. Placing a wireless
  205  communications facility on an existing structure does not cause
  206  the existing structure to become a wireless communications
  207  facility.
  208         (hh) “Wireless provider” means a person who provides
  209  wireless service and:
  210         1. Is subject to the requirements of the order; or
  211         2. Elects to provide wireless 911 service or E911 service
  212  in this state.
  213         (ii) “Wireless service” means “commercial mobile radio
  214  service” as provided under ss. 3(27) and 332(d) of the Federal
  215  Telecommunications Act of 1996, 47 U.S.C. ss. 151 et seq., and
  216  the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103
  217  66, August 10, 1993, 107 Stat. 312. The term includes service
  218  provided by any wireless real-time two-way wire communication
  219  device, including radio-telephone communications used in
  220  cellular telephone service; personal communications service; or
  221  the functional or competitive equivalent of a radio-telephone
  222  communications line used in cellular telephone service, a
  223  personal communications service, or a network radio access line.
  224  The term does not include wireless providers that offer mainly
  225  dispatch service in a more localized, noncellular configuration;
  226  providers offering only data, one-way, or stored-voice services
  227  on an interconnected basis; providers of air-to-ground services;
  228  or public coast stations.
  229         Section 3. This act shall take effect July 1, 2018.