Florida Senate - 2019                       CS for CS for SB 536
       By the Committees on Appropriations; and Innovation, Industry,
       and Technology; and Senators Brandes, Perry, and Book
       576-04621-19                                           2019536c2
    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         creating s. 365.177, F.S.; requiring that the
    5         Technology Program within the Department of Management
    6         Services develop a plan to require that emergency
    7         dispatchers be able to transfer an emergency call from
    8         one E911 system to another E911 system in this state;
    9         providing a declaration of important state interest;
   10         creating s. 365.179, F.S.; defining the terms “first
   11         responder agency” and “911 public safety answering
   12         point”; requiring each sheriff, in collaboration with
   13         certain first responder agencies, to enter into
   14         specified written agreements; requiring each agreement
   15         to require a PSAP to be able to directly communicate
   16         with first responder agencies; requiring each PSAP to
   17         be able to broadcast certain emergency communications
   18         and public safety information; requiring law
   19         enforcement agency heads to authorize the installation
   20         of their agency’s dispatch channels on certain other
   21         law enforcement agency radios, upon request; providing
   22         an exception; requiring each county sheriff to certify
   23         compliance in writing with the Department of Law
   24         Enforcement by a specified date; providing an
   25         effective date.
   27  Be It Enacted by the Legislature of the State of Florida:
   29         Section 1. Subsection (3) of section 365.172, Florida
   30  Statutes, is amended to read:
   31         365.172 Emergency communications number “E911.”—
   32         (3) DEFINITIONS.—Only as used in this section and ss.
   33  365.171, 365.173, and 365.174, and 365.177, the term:
   34         (a) “Authorized expenditures” means expenditures of the
   35  fee, as specified in subsection (10).
   36         (b) “Automatic location identification” means the
   37  capability of the E911 service which enables the automatic
   38  display of information that defines the approximate geographic
   39  location of the wireless telephone, or the location of the
   40  address of the wireline telephone, used to place a 911 call.
   41         (c) “Automatic number identification” means the capability
   42  of the E911 service which enables the automatic display of the
   43  service number used to place a 911 call.
   44         (d) “Board” or “E911 Board” means the board of directors of
   45  the E911 Board established in subsection (5).
   46         (e) “Building permit review” means a review for compliance
   47  with building construction standards adopted by the local
   48  government under chapter 553 and does not include a review for
   49  compliance with land development regulations.
   50         (f) “Collocation” means the situation when a second or
   51  subsequent wireless provider uses an existing structure to
   52  locate a second or subsequent antennae. The term includes the
   53  ground, platform, or roof installation of equipment enclosures,
   54  cabinets, or buildings, and cables, brackets, and other
   55  equipment associated with the location and operation of the
   56  antennae.
   57         (g) “Designed service” means the configuration and manner
   58  of deployment of service the wireless provider has designed for
   59  an area as part of its network.
   60         (h) “Enhanced 911” or “E911” means an enhanced 911 system
   61  or enhanced 911 service that is an emergency telephone system or
   62  service that provides a subscriber with 911 service and, in
   63  addition, directs 911 calls to appropriate public safety
   64  answering points by selective routing based on the geographical
   65  location from which the call originated, or as otherwise
   66  provided in the state plan under s. 365.171, and that provides
   67  for automatic number identification and automatic location
   68  identification features. E911 service provided by a wireless
   69  provider means E911 as defined in the order.
   70         (i) “Existing structure” means a structure that exists at
   71  the time an application for permission to place antennae on a
   72  structure is filed with a local government. The term includes
   73  any structure that can structurally support the attachment of
   74  antennae in compliance with applicable codes.
   75         (j) “Fee” means the E911 fee authorized and imposed under
   76  subsections (8) and (9).
   77         (k) “Fund” means the Emergency Communications Number E911
   78  System Fund established in s. 365.173 and maintained under this
   79  section for the purpose of recovering the costs associated with
   80  providing 911 service or E911 service, including the costs of
   81  implementing the order. The fund shall be segregated into
   82  wireless, prepaid wireless, and nonwireless categories.
   83         (l) “Historic building, structure, site, object, or
   84  district” means any building, structure, site, object, or
   85  district that has been officially designated as a historic
   86  building, historic structure, historic site, historic object, or
   87  historic district through a federal, state, or local designation
   88  program.
   89         (m) “Land development regulations” means any ordinance
   90  enacted by a local government for the regulation of any aspect
   91  of development, including an ordinance governing zoning,
   92  subdivisions, landscaping, tree protection, or signs, the local
   93  government’s comprehensive plan, or any other ordinance
   94  concerning any aspect of the development of land. The term does
   95  not include any building construction standard adopted under and
   96  in compliance with chapter 553.
   97         (n) “Local exchange carrier” means a “competitive local
   98  exchange telecommunications company” or a “local exchange
   99  telecommunications company” as defined in s. 364.02.
  100         (o) “Local government” means any municipality, county, or
  101  political subdivision or agency of a municipality, county, or
  102  political subdivision.
  103         (p) “Medium county” means any county that has a population
  104  of 75,000 or more but less than 750,000.
  105         (q) “Mobile telephone number” or “MTN” means the telephone
  106  number assigned to a wireless telephone at the time of initial
  107  activation.
  108         (r) “Nonwireless category” means the revenues to the fund
  109  received from voice communications services providers other than
  110  wireless providers.
  111         (s) “Office” means the Technology Program within the
  112  Department of Management Services, as designated by the
  113  secretary of the department.
  114         (t) “Order” means:
  115         1. The following orders and rules of the Federal
  116  Communications Commission issued in FCC Docket No. 94-102:
  117         a. Order adopted on June 12, 1996, with an effective date
  118  of October 1, 1996, the amendments to s. 20.03 and the creation
  119  of s. 20.18 of Title 47 of the Code of Federal Regulations
  120  adopted by the Federal Communications Commission pursuant to
  121  such order.
  122         b. Memorandum and Order No. FCC 97-402 adopted on December
  123  23, 1997.
  124         c. Order No. FCC DA 98-2323 adopted on November 13, 1998.
  125         d. Order No. FCC 98-345 adopted December 31, 1998.
  126         2. Orders and rules subsequently adopted by the Federal
  127  Communications Commission relating to the provision of 911
  128  services, including Order Number FCC-05-116, adopted May 19,
  129  2005.
  130         (u) “Prepaid wireless category” means all revenues in the
  131  fund received through the Department of Revenue from the fee
  132  authorized and imposed under subsection (9).
  133         (v) “Prepaid wireless service” means a right to access
  134  wireless service that allows a caller to contact and interact
  135  with 911 to access the 911 system, which service must be paid
  136  for in advance and is sold in predetermined units or dollars,
  137  which units or dollars expire on a predetermined schedule or are
  138  decremented on a predetermined basis in exchange for the right
  139  to access wireless service.
  140         (w) “Public agency” means the state and any municipality,
  141  county, municipal corporation, or other governmental entity,
  142  public district, or public authority located in whole or in part
  143  within this state which provides, or has authority to provide,
  144  firefighting, law enforcement, ambulance, medical, or other
  145  emergency services.
  146         (x) “Public safety agency” means a functional division of a
  147  public agency which provides firefighting, law enforcement,
  148  medical, or other emergency services.
  149         (y) “Public safety answering point,” “PSAP,” or “answering
  150  point” means the public safety agency that receives incoming 911
  151  requests for assistance and dispatches appropriate public safety
  152  agencies to respond to the requests in accordance with the state
  153  E911 plan.
  154         (z) “Rural county” means any county that has a population
  155  of fewer than 75,000.
  156         (aa) “Service identifier” means the service number, access
  157  line, or other unique identifier assigned to a subscriber and
  158  established by the Federal Communications Commission for
  159  purposes of routing calls whereby the subscriber has access to
  160  the E911 system.
  161         (bb) “Tower” means any structure designed primarily to
  162  support a wireless provider’s antennae.
  163         (cc) “Voice communications services” means two-way voice
  164  service, through the use of any technology, which actually
  165  provides access to E911 services, and includes communications
  166  services, as defined in s. 202.11, which actually provide access
  167  to E911 services and which are required to be included in the
  168  provision of E911 services pursuant to orders and rules adopted
  169  by the Federal Communications Commission. The term includes
  170  voice-over-Internet-protocol service. For the purposes of this
  171  section, the term “voice-over-Internet-protocol service” or
  172  “VoIP service” means interconnected VoIP services having the
  173  following characteristics:
  174         1. The service enables real-time, two-way voice
  175  communications;
  176         2. The service requires a broadband connection from the
  177  user’s locations;
  178         3. The service requires IP-compatible customer premises
  179  equipment; and
  180         4. The service offering allows users generally to receive
  181  calls that originate on the public switched telephone network
  182  and to terminate calls on the public switched telephone network.
  183         (dd) “Voice communications services provider” or “provider”
  184  means any person or entity providing voice communications
  185  services, except that the term does not include any person or
  186  entity that resells voice communications services and was
  187  assessed the fee authorized and imposed under subsection (8) by
  188  its resale supplier.
  189         (ee) “Wireless 911 system” or “wireless 911 service” means
  190  an emergency telephone system or service that provides a
  191  subscriber with the ability to reach an answering point by
  192  accessing the digits 911.
  193         (ff) “Wireless category” means the revenues to the fund
  194  received from a wireless provider from the fee authorized and
  195  imposed under subsection (8).
  196         (gg) “Wireless communications facility” means any equipment
  197  or facility used to provide service and may include, but is not
  198  limited to, antennae, towers, equipment enclosures, cabling,
  199  antenna brackets, and other such equipment. Placing a wireless
  200  communications facility on an existing structure does not cause
  201  the existing structure to become a wireless communications
  202  facility.
  203         (hh) “Wireless provider” means a person who provides
  204  wireless service and:
  205         1. Is subject to the requirements of the order; or
  206         2. Elects to provide wireless 911 service or E911 service
  207  in this state.
  208         (ii) “Wireless service” means “commercial mobile radio
  209  service” as provided under ss. 3(27) and 332(d) of the Federal
  210  Telecommunications Act of 1996, 47 U.S.C. ss. 151 et seq., and
  211  the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103
  212  66, August 10, 1993, 107 Stat. 312. The term includes service
  213  provided by any wireless real-time two-way wire communication
  214  device, including radio-telephone communications used in
  215  cellular telephone service; personal communications service; or
  216  the functional or competitive equivalent of a radio-telephone
  217  communications line used in cellular telephone service, a
  218  personal communications service, or a network radio access line.
  219  The term does not include wireless providers that offer mainly
  220  dispatch service in a more localized, noncellular configuration;
  221  providers offering only data, one-way, or stored-voice services
  222  on an interconnected basis; providers of air-to-ground services;
  223  or public coast stations.
  224         Section 2. Section 365.177, Florida Statutes, is created to
  225  read:
  226         365.177Transfer of E911 calls between systems.—
  227         (1)The office shall develop a plan by February 1, 2020, to
  228  require that a 911 public safety telecommunicator, when deemed
  229  prudent and requested by a caller or when deemed necessary, be
  230  able to transfer an emergency call from one local,
  231  multijurisdictional, or regional E911 system to another local,
  232  multijurisdictional, or regional E911 system in this state.
  233         (2)In developing this plan, the office shall:
  234         (a)Coordinate with public agencies to identify and resolve
  235  any technological or logistical issues in implementing this
  236  section.
  237         (b)Identify or establish a system or clearinghouse for
  238  maintaining contact information for all E911 systems in this
  239  state.
  240         (c)Establish a date, considering any technological,
  241  logistical, financial, or other identified issues, by which all
  242  E911 systems in this state must be able to transfer emergency
  243  calls pursuant to subsection (1).
  244         Section 3. (1)The Legislature finds that an important
  245  state interest is served in protecting the public safety by
  246  ensuring that 911 telecommunications are routed to the most
  247  appropriate 911 system in the most expeditious manner possible.
  248  A proper and legitimate state purpose is achieved when local
  249  government 911 public safety telecommunicators are able to
  250  transfer, and receive transfers of, emergency calls to and from
  251  other local, multijurisdictional, or regional E911 systems in
  252  this state.
  253         (2)The Legislature also finds that an important state
  254  interest is served in protecting the public safety by ensuring
  255  that each 911 public safety answering point is capable of direct
  256  radio communications with first responder agency dispatchers
  257  within the surrounding area for which the public safety
  258  answering point would not otherwise provide dispatch. A proper
  259  and legitimate state purpose is achieved when a public safety
  260  answering point that receives an emergency communication is able
  261  to save crucial time by immediately conveying critical emergency
  262  information to first responder agency dispatchers to dispatch
  263  first responders.
  264         (3)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 responder agency” includes each law enforcement
  272  agency and fire service agency, other than a state agency, and
  273  each emergency medical services provider, that is designated as
  274  a primary first responder for the service area in which a 911
  275  public safety answering point receives 911 calls.
  276         (b)“911 public safety answering point” or “PSAP” means a
  277  municipal or county emergency communications or 911 call center
  278  in this state that receives cellular, landline, or text-to-911
  279  communications.
  280         (2)Each sheriff, in collaboration with all first responder
  281  agency heads in his or her county, shall facilitate the
  282  development and execution of written interlocal agreements
  283  between all primary first responder agencies within the county.
  284  Each agreement must establish written protocols that outline
  285  circumstances and public safety emergencies under which a PSAP
  286  will directly provide by radio notice of an emergency to the on
  287  duty dispatcher of a first responder agency for which the PSAP
  288  does not provide primary dispatch functions. Each agreement must
  289  require the PSAP to have direct radio contact with primary first
  290  responder agencies and their dispatchers, for which the PSAP may
  291  reasonably receive 911 communications, without having to
  292  transfer a 911 communication to another PSAP or dispatch center
  293  for dispatch. The method of complying with this requirement
  294  shall be established by the first responder agency heads and set
  295  forth in each interlocal agreement.
  296         (3)Each PSAP must be capable of immediately broadcasting
  297  911 communications or public safety information over the primary
  298  radio dispatch channels of each first responder agency in the
  299  county it serves where the PSAP may reasonably receive 911 calls
  300  in the first responder’s service area. If a county or
  301  jurisdiction has multiple PSAPs, each PSAP must have this
  302  capability.
  303         (4)Unless technologically precluded due to radio
  304  incompatibility, upon written request from a law enforcement
  305  agency head, a law enforcement agency head in the same county or
  306  in an adjacent jurisdiction in another county must authorize the
  307  requesting agency to install the responding agency’s primary
  308  dispatch channel or channels in the requesting agency’s PSAP,
  309  dispatch center, or mobile or portable radios.
  310         (5)Each primary first responder agency, PSAP, and dispatch
  311  center within each county shall train all applicable personnel
  312  regarding the procedures and protocols specified in the
  313  interlocal agreements made pursuant to this section. This
  314  training shall also include radio functionality and how to
  315  readily access the necessary dispatch channels in accordance
  316  with the interlocal agreements.
  317         (6)By January 1, 2020, each sheriff shall provide to the
  318  Department of Law Enforcement:
  319         (a)A copy of each interlocal agreement made between the
  320  primary first responder agencies within his or her county
  321  pursuant to this section; and
  322         (b)Written certification that all PSAPs in his or her
  323  county are in compliance with this section.
  324         Section 5. This act shall take effect July 1, 2019.