Florida Senate - 2019                              CS for SB 536
       By the Committee on Innovation, Industry, and Technology; and
       Senators Brandes and Perry
       580-02955-19                                           2019536c1
    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; creating s. 365.179, F.S.; defining the
   14         terms “first responders” and “911 public safety
   15         answering point” or “PSAP”; requiring a PSAP to be
   16         able to directly communicate by radio with first
   17         responders; requiring each sheriff, in collaboration
   18         with first responders in his or her county, to enter
   19         into specified written agreements; requiring each PSAP
   20         to install local first responder radio dispatch
   21         channels in its emergency communications center;
   22         requiring a law enforcement agency head to authorize
   23         the installation of his or her agency’s primary
   24         dispatch channel or channels on certain other law
   25         enforcement agency’s mobile or portable radios, upon
   26         request; requiring each county sheriff to certify
   27         compliance in writing with the Department of Law
   28         Enforcement by a specified date; providing an
   29         effective date.
   31  Be It Enacted by the Legislature of the State of Florida:
   33         Section 1. Present subsection (15) of section 365.172,
   34  Florida Statutes, is redesignated as subsection (16), a new
   35  subsection (15) is added to that section, and subsection (3) of
   36  that section is amended, to read:
   37         365.172 Emergency communications number “E911.”—
   38         (3) DEFINITIONS.—Only as used in this section and ss.
   39  365.171, 365.173, and 365.174, and 365.177, the term:
   40         (a) “Authorized expenditures” means expenditures of the
   41  fee, as specified in subsection (10).
   42         (b) “Automatic location identification” means the
   43  capability of the E911 service which enables the automatic
   44  display of information that defines the approximate geographic
   45  location of the wireless telephone, or the location of the
   46  address of the wireline telephone, used to place a 911 call.
   47         (c) “Automatic number identification” means the capability
   48  of the E911 service which enables the automatic display of the
   49  service number used to place a 911 call.
   50         (d) “Board” or “E911 Board” means the board of directors of
   51  the E911 Board established in subsection (5).
   52         (e) “Building permit review” means a review for compliance
   53  with building construction standards adopted by the local
   54  government under chapter 553 and does not include a review for
   55  compliance with land development regulations.
   56         (f) “Collocation” means the situation when a second or
   57  subsequent wireless provider uses an existing structure to
   58  locate a second or subsequent antennae. The term includes the
   59  ground, platform, or roof installation of equipment enclosures,
   60  cabinets, or buildings, and cables, brackets, and other
   61  equipment associated with the location and operation of the
   62  antennae.
   63         (g) “Designed service” means the configuration and manner
   64  of deployment of service the wireless provider has designed for
   65  an area as part of its network.
   66         (h) “Enhanced 911” or “E911” means an enhanced 911 system
   67  or enhanced 911 service that is an emergency telephone system or
   68  service that provides a subscriber with 911 service and, in
   69  addition, directs 911 calls to appropriate public safety
   70  answering points by selective routing based on the geographical
   71  location from which the call originated, or as otherwise
   72  provided in the state plan under s. 365.171, and that provides
   73  for automatic number identification and automatic location
   74  identification features. E911 service provided by a wireless
   75  provider means E911 as defined in the order.
   76         (i) “Existing structure” means a structure that exists at
   77  the time an application for permission to place antennae on a
   78  structure is filed with a local government. The term includes
   79  any structure that can structurally support the attachment of
   80  antennae in compliance with applicable codes.
   81         (j) “Fee” means the E911 fee authorized and imposed under
   82  subsections (8) and (9).
   83         (k) “Fund” means the Emergency Communications Number E911
   84  System Fund established in s. 365.173 and maintained under this
   85  section for the purpose of recovering the costs associated with
   86  providing 911 service or E911 service, including the costs of
   87  implementing the order. The fund shall be segregated into
   88  wireless, prepaid wireless, and nonwireless categories.
   89         (l) “Historic building, structure, site, object, or
   90  district” means any building, structure, site, object, or
   91  district that has been officially designated as a historic
   92  building, historic structure, historic site, historic object, or
   93  historic district through a federal, state, or local designation
   94  program.
   95         (m) “Land development regulations” means any ordinance
   96  enacted by a local government for the regulation of any aspect
   97  of development, including an ordinance governing zoning,
   98  subdivisions, landscaping, tree protection, or signs, the local
   99  government’s comprehensive plan, or any other ordinance
  100  concerning any aspect of the development of land. The term does
  101  not include any building construction standard adopted under and
  102  in compliance with chapter 553.
  103         (n) “Local exchange carrier” means a “competitive local
  104  exchange telecommunications company” or a “local exchange
  105  telecommunications company” as defined in s. 364.02.
  106         (o) “Local government” means any municipality, county, or
  107  political subdivision or agency of a municipality, county, or
  108  political subdivision.
  109         (p) “Medium county” means any county that has a population
  110  of 75,000 or more but less than 750,000.
  111         (q) “Mobile telephone number” or “MTN” means the telephone
  112  number assigned to a wireless telephone at the time of initial
  113  activation.
  114         (r) “Nonwireless category” means the revenues to the fund
  115  received from voice communications services providers other than
  116  wireless providers.
  117         (s) “Office” means the Technology Program within the
  118  Department of Management Services, as designated by the
  119  secretary of the department.
  120         (t) “Order” means:
  121         1. The following orders and rules of the Federal
  122  Communications Commission issued in FCC Docket No. 94-102:
  123         a. Order adopted on June 12, 1996, with an effective date
  124  of October 1, 1996, the amendments to s. 20.03 and the creation
  125  of s. 20.18 of Title 47 of the Code of Federal Regulations
  126  adopted by the Federal Communications Commission pursuant to
  127  such order.
  128         b. Memorandum and Order No. FCC 97-402 adopted on December
  129  23, 1997.
  130         c. Order No. FCC DA 98-2323 adopted on November 13, 1998.
  131         d. Order No. FCC 98-345 adopted December 31, 1998.
  132         2. Orders and rules subsequently adopted by the Federal
  133  Communications Commission relating to the provision of 911
  134  services, including Order Number FCC-05-116, adopted May 19,
  135  2005.
  136         (u) “Prepaid wireless category” means all revenues in the
  137  fund received through the Department of Revenue from the fee
  138  authorized and imposed under subsection (9).
  139         (v) “Prepaid wireless service” means a right to access
  140  wireless service that allows a caller to contact and interact
  141  with 911 to access the 911 system, which service must be paid
  142  for in advance and is sold in predetermined units or dollars,
  143  which units or dollars expire on a predetermined schedule or are
  144  decremented on a predetermined basis in exchange for the right
  145  to access wireless service.
  146         (w) “Public agency” means the state and any municipality,
  147  county, municipal corporation, or other governmental entity,
  148  public district, or public authority located in whole or in part
  149  within this state which provides, or has authority to provide,
  150  firefighting, law enforcement, ambulance, medical, or other
  151  emergency services.
  152         (x) “Public safety agency” means a functional division of a
  153  public agency which provides firefighting, law enforcement,
  154  medical, or other emergency services.
  155         (y) “Public safety answering point,” “PSAP,” or “answering
  156  point” means the public safety agency that receives incoming 911
  157  requests for assistance and dispatches appropriate public safety
  158  agencies to respond to the requests in accordance with the state
  159  E911 plan.
  160         (z) “Rural county” means any county that has a population
  161  of fewer than 75,000.
  162         (aa) “Service identifier” means the service number, access
  163  line, or other unique identifier assigned to a subscriber and
  164  established by the Federal Communications Commission for
  165  purposes of routing calls whereby the subscriber has access to
  166  the E911 system.
  167         (bb) “Tower” means any structure designed primarily to
  168  support a wireless provider’s antennae.
  169         (cc) “Voice communications services” means two-way voice
  170  service, through the use of any technology, which actually
  171  provides access to E911 services, and includes communications
  172  services, as defined in s. 202.11, which actually provide access
  173  to E911 services and which are required to be included in the
  174  provision of E911 services pursuant to orders and rules adopted
  175  by the Federal Communications Commission. The term includes
  176  voice-over-Internet-protocol service. For the purposes of this
  177  section, the term “voice-over-Internet-protocol service” or
  178  “VoIP service” means interconnected VoIP services having the
  179  following characteristics:
  180         1. The service enables real-time, two-way voice
  181  communications;
  182         2. The service requires a broadband connection from the
  183  user’s locations;
  184         3. The service requires IP-compatible customer premises
  185  equipment; and
  186         4. The service offering allows users generally to receive
  187  calls that originate on the public switched telephone network
  188  and to terminate calls on the public switched telephone network.
  189         (dd) “Voice communications services provider” or “provider”
  190  means any person or entity providing voice communications
  191  services, except that the term does not include any person or
  192  entity that resells voice communications services and was
  193  assessed the fee authorized and imposed under subsection (8) by
  194  its resale supplier.
  195         (ee) “Wireless 911 system” or “wireless 911 service” means
  196  an emergency telephone system or service that provides a
  197  subscriber with the ability to reach an answering point by
  198  accessing the digits 911.
  199         (ff) “Wireless category” means the revenues to the fund
  200  received from a wireless provider from the fee authorized and
  201  imposed under subsection (8).
  202         (gg) “Wireless communications facility” means any equipment
  203  or facility used to provide service and may include, but is not
  204  limited to, antennae, towers, equipment enclosures, cabling,
  205  antenna brackets, and other such equipment. Placing a wireless
  206  communications facility on an existing structure does not cause
  207  the existing structure to become a wireless communications
  208  facility.
  209         (hh) “Wireless provider” means a person who provides
  210  wireless service and:
  211         1. Is subject to the requirements of the order; or
  212         2. Elects to provide wireless 911 service or E911 service
  213  in this state.
  214         (ii) “Wireless service” means “commercial mobile radio
  215  service” as provided under ss. 3(27) and 332(d) of the Federal
  216  Telecommunications Act of 1996, 47 U.S.C. ss. 151 et seq., and
  217  the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103
  218  66, August 10, 1993, 107 Stat. 312. The term includes service
  219  provided by any wireless real-time two-way wire communication
  220  device, including radio-telephone communications used in
  221  cellular telephone service; personal communications service; or
  222  the functional or competitive equivalent of a radio-telephone
  223  communications line used in cellular telephone service, a
  224  personal communications service, or a network radio access line.
  225  The term does not include wireless providers that offer mainly
  226  dispatch service in a more localized, noncellular configuration;
  227  providers offering only data, one-way, or stored-voice services
  228  on an interconnected basis; providers of air-to-ground services;
  229  or public coast stations.
  230         (15)TEXT-TO-911 SERVICE.—Each county shall develop a
  231  countywide implementation plan for text-to-911 services and, by
  232  January 1, 2022, have in place a system to receive E911 text
  233  messages from providers.
  234         Section 2. Section 365.177, Florida Statutes, is created to
  235  read:
  236         365.177 Transfer of E911 calls between systems.—
  237         (1)The office shall develop and implement a plan by
  238  January 1, 2020, to require that a 911 public safety
  239  telecommunicator, when deemed prudent and requested by a caller
  240  or when deemed necessary, be able to transfer an emergency call
  241  from one local, multijurisdictional, or regional E911 system to
  242  another local, multijurisdictional, or regional E911 system in
  243  this state.
  244         (2)In developing and implementing this plan, the office
  245  shall:
  246         (a)Coordinate with public agencies to identify and resolve
  247  any technological or logistical issues in implementing this
  248  section.
  249         (b)Identify or establish a system or clearinghouse for
  250  maintaining contact information for all E911 systems in this
  251  state.
  252         (c)Establish a date, considering any technological,
  253  logistical, financial, or other identified issues, by which all
  254  E911 systems in this state must be able to transfer emergency
  255  calls pursuant to subsection (1).
  256         Section 3. The Legislature finds that there is an important
  257  state interest in ensuring that 911 telecommunications are
  258  routed to the most appropriate 911 system in the most
  259  expeditious manner possible in order to protect public safety.
  260  Thus, a proper and legitimate state purpose is served when local
  261  government 911 public safety telecommunicators are able to
  262  transfer and receive transfers of emergency calls from other
  263  local, multijurisdictional, or regional E911 systems in this
  264  state. Therefore, the Legislature finds and declares that this
  265  act fulfills an important state interest.
  266         Section 4. Section 365.179, Florida Statutes, is created to
  267  read:
  268         365.179Direct radio communication between 911 public
  269  safety answering points and first responders.—
  270         (1)As used in this section, the term:
  271         (a)“First responders” includes the law enforcement
  272  agencies, fire service agencies, and emergency management
  273  services providers that are designated as first responders for
  274  the service area in which a PSAP receives 911 calls.
  275         (b)“911 public safety answering point” or “PSAP” means a
  276  municipal or county emergency communications call center in this
  277  state which receives cellular, landline, or text 911
  278  communications.
  279         (2)A PSAP must be able to directly communicate by radio
  280  with first responders. The PSAP must be able to make such
  281  communication without having to transfer a 911 call or having to
  282  relay information received during a 911 call to another PSAP or
  283  emergency communications center for dispatch.
  284         (3)In collaboration with all first responders in his or
  285  her county, each sheriff shall enter into a written agreement
  286  with each first responder to establish protocols under which a
  287  PSAP that does not dispatch calls for a first responder agency
  288  will directly notify the first responder agency’s on-duty
  289  personnel of an emergency by radio. The agreement must require
  290  the PSAP to be able to communicate with the personnel without
  291  having to transfer the 911 call for dispatch to that agency or
  292  having to relay the information received during a 911 call by
  293  telephone or other indirect means.
  294         (4)Each PSAP shall install, in at least one dispatch
  295  console within its emergency communications center, the primary
  296  radio dispatch channels of each first responder in the county it
  297  serves. If there are multiple PSAPs in a county, each PSAP must
  298  have this capability.
  299         (5)Upon the written request of a law enforcement agency
  300  head, any other law enforcement agency head in the same county
  301  or an adjoining jurisdiction in another county shall authorize
  302  the requesting agency to install the other agency’s primary
  303  dispatch channel or channels in the requesting agency’s mobile
  304  or portable radios.
  305         (6)By January 1, 2020, each county sheriff shall certify
  306  in writing to the Department of Law Enforcement that all PSAPs
  307  in his or her county are in compliance with this section.
  308         Section 5. This act shall take effect July 1, 2019.