Florida Senate - 2019                                     SB 536
       By Senator Brandes
       24-00998-19                                            2019536__
    1                        A bill to be entitled                      
    2         An act relating to 911 services; amending s. 365.172,
    3         F.S.; revising the applicability of definitions;
    4         requiring counties to develop a plan for implementing
    5         a text-to-911 system and to implement a system to
    6         receive E911 text messages by a specified date;
    7         creating s. 365.177, F.S.; requiring that the
    8         Technology Program within the Department of Management
    9         Services develop and implement a plan to require that
   10         emergency dispatchers be able to transfer an emergency
   11         call from one E911 system to another E911 system in
   12         this state; providing a declaration of important state
   13         interest; providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Present subsection (15) of section 365.172,
   18  Florida Statutes, is redesignated as subsection (16), a new
   19  subsection (15) is added to that section, and subsection (3) of
   20  that section is amended, to read:
   21         365.172 Emergency communications number “E911.”—
   22         (3) DEFINITIONS.—Only as used in this section and ss.
   23  365.171, 365.173, and 365.174, and 365.177, the term:
   24         (a) “Authorized expenditures” means expenditures of the
   25  fee, as specified in subsection (10).
   26         (b) “Automatic location identification” means the
   27  capability of the E911 service which enables the automatic
   28  display of information that defines the approximate geographic
   29  location of the wireless telephone, or the location of the
   30  address of the wireline telephone, used to place a 911 call.
   31         (c) “Automatic number identification” means the capability
   32  of the E911 service which enables the automatic display of the
   33  service number used to place a 911 call.
   34         (d) “Board” or “E911 Board” means the board of directors of
   35  the E911 Board established in subsection (5).
   36         (e) “Building permit review” means a review for compliance
   37  with building construction standards adopted by the local
   38  government under chapter 553 and does not include a review for
   39  compliance with land development regulations.
   40         (f) “Collocation” means the situation when a second or
   41  subsequent wireless provider uses an existing structure to
   42  locate a second or subsequent antennae. The term includes the
   43  ground, platform, or roof installation of equipment enclosures,
   44  cabinets, or buildings, and cables, brackets, and other
   45  equipment associated with the location and operation of the
   46  antennae.
   47         (g) “Designed service” means the configuration and manner
   48  of deployment of service the wireless provider has designed for
   49  an area as part of its network.
   50         (h) “Enhanced 911” or “E911” means an enhanced 911 system
   51  or enhanced 911 service that is an emergency telephone system or
   52  service that provides a subscriber with 911 service and, in
   53  addition, directs 911 calls to appropriate public safety
   54  answering points by selective routing based on the geographical
   55  location from which the call originated, or as otherwise
   56  provided in the state plan under s. 365.171, and that provides
   57  for automatic number identification and automatic location
   58  identification features. E911 service provided by a wireless
   59  provider means E911 as defined in the order.
   60         (i) “Existing structure” means a structure that exists at
   61  the time an application for permission to place antennae on a
   62  structure is filed with a local government. The term includes
   63  any structure that can structurally support the attachment of
   64  antennae in compliance with applicable codes.
   65         (j) “Fee” means the E911 fee authorized and imposed under
   66  subsections (8) and (9).
   67         (k) “Fund” means the Emergency Communications Number E911
   68  System Fund established in s. 365.173 and maintained under this
   69  section for the purpose of recovering the costs associated with
   70  providing 911 service or E911 service, including the costs of
   71  implementing the order. The fund shall be segregated into
   72  wireless, prepaid wireless, and nonwireless categories.
   73         (l) “Historic building, structure, site, object, or
   74  district” means any building, structure, site, object, or
   75  district that has been officially designated as a historic
   76  building, historic structure, historic site, historic object, or
   77  historic district through a federal, state, or local designation
   78  program.
   79         (m) “Land development regulations” means any ordinance
   80  enacted by a local government for the regulation of any aspect
   81  of development, including an ordinance governing zoning,
   82  subdivisions, landscaping, tree protection, or signs, the local
   83  government’s comprehensive plan, or any other ordinance
   84  concerning any aspect of the development of land. The term does
   85  not include any building construction standard adopted under and
   86  in compliance with chapter 553.
   87         (n) “Local exchange carrier” means a “competitive local
   88  exchange telecommunications company” or a “local exchange
   89  telecommunications company” as defined in s. 364.02.
   90         (o) “Local government” means any municipality, county, or
   91  political subdivision or agency of a municipality, county, or
   92  political subdivision.
   93         (p) “Medium county” means any county that has a population
   94  of 75,000 or more but less than 750,000.
   95         (q) “Mobile telephone number” or “MTN” means the telephone
   96  number assigned to a wireless telephone at the time of initial
   97  activation.
   98         (r) “Nonwireless category” means the revenues to the fund
   99  received from voice communications services providers other than
  100  wireless providers.
  101         (s) “Office” means the Technology Program within the
  102  Department of Management Services, as designated by the
  103  secretary of the department.
  104         (t) “Order” means:
  105         1. The following orders and rules of the Federal
  106  Communications Commission issued in FCC Docket No. 94-102:
  107         a. Order adopted on June 12, 1996, with an effective date
  108  of October 1, 1996, the amendments to s. 20.03 and the creation
  109  of s. 20.18 of Title 47 of the Code of Federal Regulations
  110  adopted by the Federal Communications Commission pursuant to
  111  such order.
  112         b. Memorandum and Order No. FCC 97-402 adopted on December
  113  23, 1997.
  114         c. Order No. FCC DA 98-2323 adopted on November 13, 1998.
  115         d. Order No. FCC 98-345 adopted December 31, 1998.
  116         2. Orders and rules subsequently adopted by the Federal
  117  Communications Commission relating to the provision of 911
  118  services, including Order Number FCC-05-116, adopted May 19,
  119  2005.
  120         (u) “Prepaid wireless category” means all revenues in the
  121  fund received through the Department of Revenue from the fee
  122  authorized and imposed under subsection (9).
  123         (v) “Prepaid wireless service” means a right to access
  124  wireless service that allows a caller to contact and interact
  125  with 911 to access the 911 system, which service must be paid
  126  for in advance and is sold in predetermined units or dollars,
  127  which units or dollars expire on a predetermined schedule or are
  128  decremented on a predetermined basis in exchange for the right
  129  to access wireless service.
  130         (w) “Public agency” means the state and any municipality,
  131  county, municipal corporation, or other governmental entity,
  132  public district, or public authority located in whole or in part
  133  within this state which provides, or has authority to provide,
  134  firefighting, law enforcement, ambulance, medical, or other
  135  emergency services.
  136         (x) “Public safety agency” means a functional division of a
  137  public agency which provides firefighting, law enforcement,
  138  medical, or other emergency services.
  139         (y) “Public safety answering point,” “PSAP,” or “answering
  140  point” means the public safety agency that receives incoming 911
  141  requests for assistance and dispatches appropriate public safety
  142  agencies to respond to the requests in accordance with the state
  143  E911 plan.
  144         (z) “Rural county” means any county that has a population
  145  of fewer than 75,000.
  146         (aa) “Service identifier” means the service number, access
  147  line, or other unique identifier assigned to a subscriber and
  148  established by the Federal Communications Commission for
  149  purposes of routing calls whereby the subscriber has access to
  150  the E911 system.
  151         (bb) “Tower” means any structure designed primarily to
  152  support a wireless provider’s antennae.
  153         (cc) “Voice communications services” means two-way voice
  154  service, through the use of any technology, which actually
  155  provides access to E911 services, and includes communications
  156  services, as defined in s. 202.11, which actually provide access
  157  to E911 services and which are required to be included in the
  158  provision of E911 services pursuant to orders and rules adopted
  159  by the Federal Communications Commission. The term includes
  160  voice-over-Internet-protocol service. For the purposes of this
  161  section, the term “voice-over-Internet-protocol service” or
  162  “VoIP service” means interconnected VoIP services having the
  163  following characteristics:
  164         1. The service enables real-time, two-way voice
  165  communications;
  166         2. The service requires a broadband connection from the
  167  user’s locations;
  168         3. The service requires IP-compatible customer premises
  169  equipment; and
  170         4. The service offering allows users generally to receive
  171  calls that originate on the public switched telephone network
  172  and to terminate calls on the public switched telephone network.
  173         (dd) “Voice communications services provider” or “provider”
  174  means any person or entity providing voice communications
  175  services, except that the term does not include any person or
  176  entity that resells voice communications services and was
  177  assessed the fee authorized and imposed under subsection (8) by
  178  its resale supplier.
  179         (ee) “Wireless 911 system” or “wireless 911 service” means
  180  an emergency telephone system or service that provides a
  181  subscriber with the ability to reach an answering point by
  182  accessing the digits 911.
  183         (ff) “Wireless category” means the revenues to the fund
  184  received from a wireless provider from the fee authorized and
  185  imposed under subsection (8).
  186         (gg) “Wireless communications facility” means any equipment
  187  or facility used to provide service and may include, but is not
  188  limited to, antennae, towers, equipment enclosures, cabling,
  189  antenna brackets, and other such equipment. Placing a wireless
  190  communications facility on an existing structure does not cause
  191  the existing structure to become a wireless communications
  192  facility.
  193         (hh) “Wireless provider” means a person who provides
  194  wireless service and:
  195         1. Is subject to the requirements of the order; or
  196         2. Elects to provide wireless 911 service or E911 service
  197  in this state.
  198         (ii) “Wireless service” means “commercial mobile radio
  199  service” as provided under ss. 3(27) and 332(d) of the Federal
  200  Telecommunications Act of 1996, 47 U.S.C. ss. 151 et seq., and
  201  the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103
  202  66, August 10, 1993, 107 Stat. 312. The term includes service
  203  provided by any wireless real-time two-way wire communication
  204  device, including radio-telephone communications used in
  205  cellular telephone service; personal communications service; or
  206  the functional or competitive equivalent of a radio-telephone
  207  communications line used in cellular telephone service, a
  208  personal communications service, or a network radio access line.
  209  The term does not include wireless providers that offer mainly
  210  dispatch service in a more localized, noncellular configuration;
  211  providers offering only data, one-way, or stored-voice services
  212  on an interconnected basis; providers of air-to-ground services;
  213  or public coast stations.
  214         (15)TEXT-TO-911 SERVICE.—Each county shall develop a
  215  countywide implementation plan for text-to-911 services and, by
  216  January 1, 2022, have in place a system to receive E911 text
  217  messages from providers.
  218         Section 2. Section 365.177, Florida Statutes, is created to
  219  read:
  220         365.177 Transfer of E911 calls between systems.—
  221         (1)The office shall develop and implement a plan by
  222  January 1, 2020, to require that a 911 public safety
  223  telecommunicator, when deemed prudent and requested by a caller
  224  or when deemed necessary, be able to transfer an emergency call
  225  from one local, multijurisdictional, or regional E911 system to
  226  another local, multijurisdictional, or regional E911 system in
  227  this state.
  228         (2)In developing and implementing this plan, the office
  229  shall:
  230         (a)Coordinate with public agencies to identify and resolve
  231  any technological or logistical issues in implementing this
  232  section.
  233         (b)Identify or establish a system or clearinghouse for
  234  maintaining contact information for all E911 systems in this
  235  state.
  236         (c)Establish a date, considering any technological,
  237  logistical, financial, or other identified issues, by which all
  238  E911 systems in this state must be able to transfer emergency
  239  calls pursuant to subsection (1).
  240         Section 3. The Legislature finds that there is an important
  241  state interest in ensuring that 911 telecommunications are
  242  routed to the most appropriate 911 system in the most
  243  expeditious manner possible in order to protect public safety.
  244  Thus, a proper and legitimate state purpose is served when local
  245  government 911 public safety telecommunicators are able to
  246  transfer and receive transfers of emergency calls from other
  247  local, multijurisdictional, or regional E911 systems in this
  248  state. Therefore, the Legislature finds and declares that this
  249  act fulfills an important state interest.
  250         Section 4. This act shall take effect July 1, 2019.