Florida Senate - 2023                      CS for CS for SB 1418
       
       
        
       By the Appropriations Committee on Agriculture, Environment, and
       General Government; the Committee on Regulated Industries; and
       Senator Bradley
       
       
       
       601-03988-23                                          20231418c2
    1                        A bill to be entitled                      
    2         An act relating to emergency communications; amending
    3         s. 365.172, F.S.; revising the short title; revising
    4         legislative intent; revising and providing
    5         definitions; renaming the E911 Board as the Emergency
    6         Communications Board; providing the purpose of the
    7         board; revising the composition of the board;
    8         establishing board responsibilities; requiring the
    9         board to administer fees; authorizing the board to
   10         create subcommittees; authorizing the board to
   11         establish schedules for implementing certain wireless
   12         NG911 systems and improvements; establishing notice
   13         and publication requirements before distribution of
   14         grant funds; providing for priority of county
   15         applications for funds; requiring board oversight of
   16         such funds; eliminating certain authority of the
   17         board; providing for the board’s authority to
   18         implement changes to the allocation percentages and
   19         adjust fees; revising the frequency of board meetings;
   20         specifying that the Division of Telecommunications
   21         within the Department of Management Services must
   22         disburse funds to counties and provide a monthly
   23         report of such disbursements; revising the composition
   24         of a committee that reviews requests for proposals
   25         from the board regarding independent accounting firm
   26         selections; revising provisions relating to the public
   27         safety emergency communications systems fee; requiring
   28         uniform application and imposition of the fee;
   29         revising the factors that the board considers when
   30         setting percentages or contemplating adjustments to
   31         the fee; updating provisions relating to the prepaid
   32         wireless public safety emergency communications
   33         systems fee; revising emergency communications and 911
   34         service functions; revising the types of emergency
   35         communications equipment and services that are
   36         eligible for expenditure of moneys derived from the
   37         fee; making technical changes; conforming cross
   38         references; amending s. 365.173, F.S.; renaming the
   39         Communications Number E911 System Fund as the
   40         Emergency Communications Trust Fund; revising the
   41         percent distribution of the fund to be used
   42         exclusively for payment of certain authorized
   43         expenditures; authorizing the board, pursuant to rule,
   44         to withhold certain distributions of grant funds and
   45         request a return of all or a portion of such funds
   46         based on a financial audit; removing the percent
   47         distribution to wireless providers; adding a specified
   48         percent distribution to rural counties; amending s.
   49         365.177, F.S.; extending the date by which the
   50         Division of Telecommunications within the Department
   51         of Management Services must develop a plan to upgrade
   52         911 public safety answering points; specifying
   53         components of the required plan; amending ss.
   54         212.05965, 365.171, and 365.174, F.S.; conforming
   55         provisions to changes made by the act; providing an
   56         effective date.
   57          
   58  Be It Enacted by the Legislature of the State of Florida:
   59  
   60         Section 1. Section 365.172, Florida Statutes, is amended to
   61  read:
   62         365.172 Emergency communications. number “E911.”—
   63         (1) SHORT TITLE.—This section may be cited as the
   64  “Emergency Communications Number E911 Act.”
   65         (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
   66  to:
   67         (a) Establish and implement a comprehensive statewide
   68  emergency communications and response capability using modern
   69  technologies and methods. telecommunications number system that
   70  will provide users of voice communications services within the
   71  state rapid direct access to public safety agencies by accessing
   72  the telephone number “911.”
   73         (b) Provide funds to counties to pay certain costs
   74  associated with their public safety emergency response
   75  capabilities and costs incurred to purchase, upgrade, and
   76  maintain 911 systems, computer-aided dispatch, and systems to
   77  create interoperable radio communications systems E911 or 911
   78  systems, to contract for E911 services, and to reimburse
   79  wireless telephone service providers for costs incurred to
   80  provide 911 or E911 services.
   81         (c) Levy a reasonable fee on users of voice communications
   82  services, unless otherwise provided in this section, to
   83  accomplish these purposes.
   84         (d) Provide for an Emergency Communications Board E911
   85  board to administer the fee, with oversight by the office, in a
   86  manner that is competitively and technologically neutral as to
   87  all voice communications services providers.
   88         (e) Ensure that the fee established for emergency
   89  communications systems is used exclusively for recovery by
   90  wireless providers and by counties for costs associated with
   91  developing and maintaining emergency communications E911 systems
   92  and networks in a manner that is competitively and
   93  technologically neutral as to all voice communications services
   94  providers.
   95  
   96  It is further the intent of the Legislature that the fee
   97  authorized or imposed by this section not necessarily provide
   98  the total funding required for establishing or providing
   99  emergency communications systems and services E911 service.
  100         (3) DEFINITIONS.—Only as used in this section and ss.
  101  365.171, 365.173, 365.174, and 365.177, the term:
  102         (a) “Authorized expenditures” means expenditures of the
  103  fee, as specified in subsection (10).
  104         (b) “Automatic location identification” means the
  105  capability of the E911 service which enables the automatic
  106  display of information that defines the approximate geographic
  107  location of the wireless telephone, or the location of the
  108  address of the wireline telephone, used to place a 911 call.
  109         (c) “Automatic number identification” means the capability
  110  of the E911 service which enables the automatic display of the
  111  service number used to place a 911 call.
  112         (d) “Board” or “Emergency Communications Board” “E911
  113  Board” means the board of directors of the E911 Board
  114  established in subsection (5).
  115         (e) “Building permit review” means a review for compliance
  116  with building construction standards adopted by the local
  117  government under chapter 553 and does not include a review for
  118  compliance with land development regulations.
  119         (f) “Colocation” “Collocation” means the situation when a
  120  second or subsequent wireless provider uses an existing
  121  structure to locate a second or subsequent antennae. The term
  122  includes the ground, platform, or roof installation of equipment
  123  enclosures, cabinets, or buildings, and cables, brackets, and
  124  other equipment associated with the location and operation of
  125  the antennae.
  126         (g)“Computer-Aided Dispatch” or “CAD” means a computerized
  127  system within a public safety answering point for entering,
  128  tracking, dispatching, and resolving requests for public safety
  129  services.
  130         (h)(g) “Designed service” means the configuration and
  131  manner of deployment of service the wireless provider has
  132  designed for an area as part of its network.
  133         (i)(h) “Enhanced 911” or “E911” means an enhanced 911
  134  system or enhanced 911 service that is an emergency telephone
  135  system or service that provides a subscriber with 911 service
  136  and, in addition, directs 911 calls to appropriate public safety
  137  answering points by selective routing based on the geographical
  138  location from which the call originated, or as otherwise
  139  provided in the state plan under s. 365.171, and that provides
  140  for automatic number identification and automatic location
  141  identification features. The 911 E911 service provided by a
  142  wireless provider means E911 as defined in the order.
  143         (j)(i) “Existing structure” means a structure that exists
  144  at the time an application for permission to place antennae on a
  145  structure is filed with a local government. The term includes
  146  any structure that can structurally support the attachment of
  147  antennae in compliance with applicable codes.
  148         (k)(j) “Fee” or “public safety emergency communications
  149  systems fee” means the E911 fee authorized and imposed under
  150  subsections (8) and (9).
  151         (l)(k) “Fund” means the Emergency Communications Trust
  152  Number E911 System Fund established in s. 365.173 and maintained
  153  under this section for the purpose of recovering the costs
  154  associated with providing emergency communications services 911
  155  service or E911 service, including the costs of implementing the
  156  order. The fund shall be segregated into wireless, prepaid
  157  wireless, and nonwireless categories.
  158         (m)(l) “Historic building, structure, site, object, or
  159  district” means any building, structure, site, object, or
  160  district that has been officially designated as a historic
  161  building, historic structure, historic site, historic object, or
  162  historic district through a federal, state, or local designation
  163  program.
  164         (n)(m) “Land development regulations” means any ordinance
  165  enacted by a local government for the regulation of any aspect
  166  of development, including an ordinance governing zoning,
  167  subdivisions, landscaping, tree protection, or signs, the local
  168  government’s comprehensive plan, or any other ordinance
  169  concerning any aspect of the development of land. The term does
  170  not include any building construction standard adopted under and
  171  in compliance with chapter 553.
  172         (o)(n) “Local exchange carrier” means a “competitive local
  173  exchange telecommunications company” or a “local exchange
  174  telecommunications company” as defined in s. 364.02.
  175         (p)(o) “Local government” means any municipality, county,
  176  or political subdivision or agency of a municipality, county, or
  177  political subdivision.
  178         (q)(p) “Medium county” means any county that has a
  179  population of 75,000 or more but less than 750,000.
  180         (r)(q) “Mobile telephone number” or “MTN” means the
  181  telephone number assigned to a wireless telephone at the time of
  182  initial activation.
  183         (s)“Next Generation 911” or “NG911” means an Internet
  184  Protocol(IP)-based system composed of managed Emergency Services
  185  IP Networks (ESInet), functional elements (applications), and
  186  databases that replicate traditional E911 features and functions
  187  and provide additional capabilities. The NG911 system is
  188  designed to provide access to emergency services from all
  189  connected communications sources and provide multimedia data
  190  capabilities for PSAPs and other emergency service
  191  organizations.
  192         (t)(r) “Nonwireless category” means the revenues to the
  193  fund received from voice communications services providers other
  194  than wireless providers.
  195         (u)(s) “Office” means the Division of Telecommunications
  196  within the Department of Management Services, as designated by
  197  the secretary of the department.
  198         (v)(t) “Order” means:
  199         1. The following orders and rules of the Federal
  200  Communications Commission issued in FCC Docket No. 94-102:
  201         a. Order adopted on June 12, 1996, with an effective date
  202  of October 1, 1996, the amendments to s. 20.03 and the creation
  203  of s. 20.18 of Title 47 of the Code of Federal Regulations
  204  adopted by the Federal Communications Commission pursuant to
  205  such order.
  206         b. Memorandum and Order No. FCC 97-402 adopted on December
  207  23, 1997.
  208         c. Order No. FCC DA 98-2323 adopted on November 13, 1998.
  209         d. Order No. FCC 98-345 adopted December 31, 1998.
  210         2. Orders and rules subsequently adopted by the Federal
  211  Communications Commission relating to the provision of 911
  212  services, including Order Number FCC-05-116, adopted May 19,
  213  2005.
  214         (w)(u) “Prepaid wireless category” means all revenues in
  215  the fund received through the Department of Revenue from the fee
  216  authorized and imposed under subsection (9).
  217         (x)(v) “Prepaid wireless service” means a right to access
  218  wireless service that allows a caller to contact and interact
  219  with 911 to access the 911 system, which service must be paid
  220  for in advance and is sold in predetermined units or dollars,
  221  which units or dollars expire on a predetermined schedule or are
  222  decremented on a predetermined basis in exchange for the right
  223  to access wireless service.
  224         (y)(w) “Public agency” means the state and any
  225  municipality, county, municipal corporation, or other
  226  governmental entity, public district, or public authority
  227  located in whole or in part within this state which provides, or
  228  has authority to provide, firefighting, law enforcement,
  229  ambulance, medical, or other emergency services.
  230         (z)(x) “Public safety agency” means a functional division
  231  of a public agency which provides firefighting, law enforcement,
  232  medical, or other emergency services.
  233         (aa)(y) “Public safety answering point,” “PSAP,” or
  234  “answering point” means the public safety agency that receives
  235  incoming 911 requests for assistance and dispatches appropriate
  236  public safety agencies to respond to the requests in accordance
  237  with the state E911 plan.
  238         (bb)(z) “Rural county” means any county that has a
  239  population of fewer than 75,000.
  240         (cc)(aa) “Service identifier” means the service number,
  241  access line, or other unique identifier assigned to a subscriber
  242  and established by the Federal Communications Commission for
  243  purposes of routing calls whereby the subscriber has access to
  244  the E911 system.
  245         (dd)(bb) “Tower” means any structure designed primarily to
  246  support a wireless provider’s antennae.
  247         (ee)(cc) “Voice communications services” means two-way
  248  voice service, through the use of any technology, which actually
  249  provides access to 911 E911 services, and includes
  250  communications services, as defined in s. 202.11, which actually
  251  provide access to 911 E911 services and which are required to be
  252  included in the provision of 911 E911 services pursuant to
  253  orders and rules adopted by the Federal Communications
  254  Commission. The term includes voice-over-Internet-protocol
  255  service. For the purposes of this section, the term “voice-over
  256  Internet-protocol service” or “VoIP service” means
  257  interconnected VoIP services having the following
  258  characteristics:
  259         1. The service enables real-time, two-way voice
  260  communications;
  261         2. The service requires a broadband connection from the
  262  user’s locations;
  263         3. The service requires IP-compatible customer premises
  264  equipment; and
  265         4. The service offering allows users generally to receive
  266  calls that originate on the public switched telephone network
  267  and to terminate calls on the public switched telephone network.
  268         (ff)(dd) “Voice communications services provider” or
  269  “provider” means any person or entity providing voice
  270  communications services, except that the term does not include
  271  any person or entity that resells voice communications services
  272  and was assessed the fee authorized and imposed under subsection
  273  (8) by its resale supplier.
  274         (gg)(ee) “Wireless 911 system” or “wireless 911 service”
  275  means an emergency telephone system or service that provides a
  276  subscriber with the ability to reach an answering point by
  277  accessing the digits 911.
  278         (hh)(ff) “Wireless category” means the revenues to the fund
  279  received from a wireless provider from the fee authorized and
  280  imposed under subsection (8).
  281         (ii)(gg) “Wireless communications facility” means any
  282  equipment or facility used to provide service and may include,
  283  but is not limited to, antennae, towers, equipment enclosures,
  284  cabling, antenna brackets, and other such equipment. Placing a
  285  wireless communications facility on an existing structure does
  286  not cause the existing structure to become a wireless
  287  communications facility.
  288         (jj)(hh) “Wireless provider” means a person who provides
  289  wireless service and:
  290         1. Is subject to the requirements of the order; or
  291         2. Elects to provide wireless 911 service, or E911 service,
  292  or NG911 service in this state.
  293         (kk)(ii) “Wireless service” means “commercial mobile radio
  294  service” as provided under ss. 3(27) and 332(d) of the Federal
  295  Telecommunications Act of 1996, 47 U.S.C. ss. 151 et seq., and
  296  the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103
  297  66, August 10, 1993, 107 Stat. 312. The term includes service
  298  provided by any wireless real-time two-way wire communication
  299  device, including radio-telephone communications used in
  300  cellular telephone service; personal communications service; or
  301  the functional or competitive equivalent of a radio-telephone
  302  communications line used in cellular telephone service, a
  303  personal communications service, or a network radio access line.
  304  The term does not include wireless providers that offer mainly
  305  dispatch service in a more localized, noncellular configuration;
  306  providers offering only data, one-way, or stored-voice services
  307  on an interconnected basis; providers of air-to-ground services;
  308  or public coast stations.
  309         (4) POWERS AND DUTIES OF THE OFFICE.—The office shall
  310  oversee the administration of the fee authorized and imposed
  311  under subsections (8) and (9).
  312         (5) THE EMERGENCY COMMUNICATIONS E911 BOARD.—
  313         (a) The Emergency Communications E911 Board is established,
  314  with oversight by the office, to:
  315         1.Promote interoperability between public safety answering
  316  points by providing guidance and direction to counties and state
  317  agencies that operate 911 centers for the deployment of
  318  emergency communications infrastructure and the handling of
  319  emergency communications information, such as voice, text, data,
  320  and images, from receipt at a PSAP to dispatching to responders.
  321         2.Establish and administer allocations from the fund
  322  dedicated to investing in public safety communications and
  323  technology for 911.
  324         3.Provide technical assistance and guidance to rural
  325  counties as needed.
  326         (b)Public safety funding under paragraph (a) must focus
  327  on, but need not be limited to:
  328         1.Next Generation 911.
  329         2.Emergency Services IP Network (ESInet).
  330         3.Computer-Aided Dispatch.
  331         4.PSAP technology to interface with:
  332         a.Land Mobile Radio (LMR).
  333         b.Smart city technology data.
  334         c.In-building coverage.
  335         5.Emergency communications broadband networks.
  336         6.Cybersecurity
  337  to administer, with oversight by the office, the fee imposed
  338  under subsections (8) and (9), including receiving revenues
  339  derived from the fee; distributing portions of the revenues to
  340  wireless providers, counties, and the office; accounting for
  341  receipts, distributions, and income derived by the funds
  342  maintained in the fund; and providing annual reports to the
  343  Governor and the Legislature for submission by the office on
  344  amounts collected and expended, the purposes for which
  345  expenditures have been made, and the status of E911 service in
  346  this state. In order to advise and assist the office in
  347  implementing the purposes of this section, the board, which has
  348  the power of a body corporate, has the powers enumerated in
  349  subsection (6).
  350         (c)(b) The board shall consist of nine 11 members, one of
  351  whom must be the system director designated under s. 365.171(5),
  352  or his or her designee, who shall serve as the chair of the
  353  board. The remaining eight 10 members of the board shall be
  354  appointed by the Governor. All members must be residents of this
  355  state. The board must be composed of four county 911
  356  coordinators, with consideration given to rural, medium, and
  357  large counties, and four members from fields that include, but
  358  are not limited to, law enforcement, fire response, emergency
  359  medical services, public safety dispatch, and
  360  telecommunications. The Florida Sheriffs Association, the
  361  Florida Police Chiefs Association, and the Florida Association
  362  of Counties, in consultation with the county 911 coordinators,
  363  may provide recommendations to the Governor for the appointment
  364  of the board members and must be composed of 5 county 911
  365  coordinators, consisting of a representative from a rural
  366  county, a representative from a medium county, a representative
  367  from a large county, and 2 at-large representatives recommended
  368  by the Florida Association of Counties in consultation with the
  369  county 911 coordinators; 3 local exchange carrier member
  370  representatives, one of whom must be a representative of the
  371  local exchange carrier having the greatest number of access
  372  lines in the state and one of whom must be a representative of a
  373  certificated competitive local exchange telecommunications
  374  company; and 2 member representatives from the wireless
  375  telecommunications industry, with consideration given to
  376  wireless providers that are not affiliated with local exchange
  377  carriers. Not more than one member may be appointed to represent
  378  any single provider on the board.
  379         (d)(c) The system director, designated under s. 365.171(5),
  380  or his or her designee, must be a permanent member of the board.
  381  Each of the remaining eight 10 members of the board shall be
  382  appointed to a 4-year term and may not be appointed to more than
  383  two successive terms. However, for the purpose of staggering
  384  terms, three two of the original board members shall be
  385  appointed to terms of 4 years, three two shall be appointed to
  386  terms of 3 years, and two four shall be appointed to terms of 2
  387  years, as designated by the Governor. A vacancy on the board
  388  shall be filled in the same manner as the original appointment.
  389  Current 911 coordinators serving on the board must complete
  390  their terms while other positions must be filled immediately.
  391         (e)The board shall advocate and develop policy
  392  recommendations for ensuring interoperability of and
  393  connectivity between public safety communications systems within
  394  the state, including, but not limited to, recommendations
  395  related to the following:
  396         1.Call routing accuracy and timeliness of response.
  397         2.Improved interagency communication and situational
  398  awareness.
  399         3.Improved interagency system connectivity.
  400         4.Improved response times.
  401         5.Maximized use of emerging technologies.
  402         6.Improved lifecycle management of the systems, equipment,
  403  and services that enable responders and public safety officials
  404  to share information securely.
  405         7.Governance, policy, and procedure across public safety
  406  agencies.
  407         8.Establishment of resilient and secure emergency
  408  communications systems to reduce cybersecurity threats and
  409  vulnerabilities.
  410         (f)The board shall administer the fee imposed under
  411  subsections (8) and (9), including receiving revenues derived
  412  from the fee; distributing portions of the revenues to counties
  413  and the office; accounting for receipts, distributions, and
  414  income derived by the funds maintained in the fund; and
  415  providing annual reports for review and submission to the
  416  Governor and the Legislature on amounts collected and expended,
  417  the purposes for which expenditures have been made, and the
  418  status of emergency communications services in this state.
  419         (g)The board may create subcommittees to advise the board,
  420  as needed.
  421         (6) AUTHORITY OF THE BOARD; ANNUAL REPORT.—
  422         (a) The board shall:
  423         1. Administer the public safety emergency communications
  424  systems E911 fee.
  425         2. Implement, maintain, and oversee the fund.
  426         3. Review and oversee the disbursement of the revenues
  427  deposited into the fund as provided in s. 365.173.
  428         a. The board may establish a schedule for implementing
  429  wireless NG911 systems, public safety radio communications
  430  systems, and other public safety communications improvements
  431  E911 service by service area, and prioritize disbursements of
  432  revenues from the fund to providers and rural counties as
  433  provided in s. 365.173(2)(f) s. 365.173(2)(e) and (g) pursuant
  434  to the schedule, in order to implement 911 E911 services in the
  435  most efficient and cost-effective manner.
  436         b.For grants made available under s. 365.173(2)(g), the
  437  board shall provide 90 days’ written notice to all counties and
  438  publish electronically an approved application process.
  439  Applications must be prioritized based on the availability of
  440  grant funds, current system life expectancy, and system
  441  replacement needs. The board shall take all actions within its
  442  authority to ensure that county recipients of such funds use
  443  these funds only for the purpose for which they have been
  444  provided and may take any actions within its authority to secure
  445  county repayment of revenues upon a determination that the funds
  446  were not used for the purpose for which the funds were
  447  disbursed.
  448         b.Revenues in the fund which have not been disbursed
  449  because sworn invoices as required by s. 365.173(2)(e) have not
  450  been submitted to the board may be used by the board as needed
  451  to provide grants to counties for the purpose of upgrading E911
  452  systems. The counties must use the funds only for capital
  453  expenditures or remotely provided hosted 911 answering point
  454  call-taking equipment and network services directly attributable
  455  to establishing and provisioning E911 services, which may
  456  include next-generation deployment. Prior to the distribution of
  457  grants, the board shall provide 90 days’ written notice to all
  458  counties and publish electronically an approved application
  459  process. County grant applications shall be prioritized based on
  460  the availability of funds, current system life expectancy,
  461  system replacement needs, and Phase II compliance per the
  462  Federal Communications Commission. No grants will be available
  463  to any county for next-generation deployment until all counties
  464  are Phase II complete. The board shall take all actions within
  465  its authority to ensure that county recipients of such grants
  466  use these funds only for the purpose under which they have been
  467  provided and may take any actions within its authority to secure
  468  county repayment of grant revenues upon determination that the
  469  funds were not used for the purpose under which they were
  470  provided.
  471         c.When determining the funding provided in a state 911
  472  grant application request, the board shall take into account
  473  information on the amount of carryforward funds retained by the
  474  counties. The information will be based on the amount of county
  475  carryforward funds reported in the financial audit required in
  476  s. 365.173(2)(d). E911 State Grant Program funding requests will
  477  be limited by any county carryforward funds in excess of the
  478  allowable 30 percent amount of fee revenue calculated on a 2
  479  year basis.
  480         d.The board shall reimburse all costs of a wireless
  481  provider in accordance with s. 365.173(2)(e) before taking any
  482  action to transfer additional funds.
  483         e.After taking the action required in sub-subparagraphs
  484  a.-d., the board may review and, with all members participating
  485  in the vote, adjust the percentage allocations or adjust the
  486  amount of the fee as provided under paragraph (8)(g), and, if
  487  the board determines that the revenues in the wireless category
  488  exceed the amount needed to reimburse wireless providers for the
  489  cost to implement E911 services, the board may transfer revenue
  490  to the counties from the existing funds within the wireless
  491  category. The board shall disburse the funds equitably to all
  492  counties using a timeframe and distribution methodology
  493  established by the board.
  494         4. Review documentation submitted by wireless providers
  495  which reflects current and projected funds derived from the fee.
  496  , and the expenses incurred and expected to be incurred in order
  497  to comply with the E911 service requirements contained in the
  498  order for the purposes of:
  499         a.Ensuring that wireless providers receive fair and
  500  equitable distributions of funds from the fund.
  501         b.Ensuring that wireless providers are not provided
  502  disbursements from the fund which exceed the costs of providing
  503  E911 service, including the costs of complying with the order.
  504         c.Ascertaining the projected costs of compliance with the
  505  requirements of the order and projected collections of the fee.
  506         d.Implementing changes to the allocation percentages or
  507  adjusting the fee under paragraph (8)(h).
  508         5.Implement changes to the allocation percentages or
  509  adjust the fee pursuant to s. 365.173.
  510         6.5. Meet monthly in the most efficient and cost-effective
  511  manner, including telephonically when practical, for the
  512  business to be conducted. The office shall administer the
  513  disbursement of funds to counties and provide a monthly report
  514  of such disbursements to the board, to review and approve or
  515  reject, in whole or in part, applications submitted by wireless
  516  providers for recovery of moneys deposited into the wireless
  517  category, and to authorize the transfer of, and distribute, the
  518  fee allocation to the counties.
  519         7.6. Hire and retain employees, which may include an
  520  independent executive director who shall possess experience in
  521  the area of telecommunications and emergency 911 issues, for the
  522  purposes of performing the technical and administrative
  523  functions for the board.
  524         8.7. Make and enter into contracts, pursuant to chapter
  525  287, and execute other instruments necessary or convenient for
  526  the exercise of the powers and functions of the board.
  527         9.8. Sue and be sued, and appear and defend in all actions
  528  and proceedings, in its corporate name to the same extent as a
  529  natural person.
  530         10.9. Adopt, use, and alter a common corporate seal.
  531         11.10. Elect or appoint the officers and agents that are
  532  required by the affairs of the board.
  533         12.11. The board may adopt rules under ss. 120.536(1) and
  534  120.54 to implement this section and ss. 365.173 and 365.174.
  535         13.12. Provide coordination, support, and technical
  536  assistance to counties to promote the deployment of advanced
  537  public safety emergency communications 911 and E911 systems in
  538  the state.
  539         14.13. Provide coordination and support for educational
  540  opportunities related to 911 E911 issues for the public safety
  541  emergency communications E911 community in this state.
  542         15.14. Act as an advocate for issues related to public
  543  safety emergency communications E911 system functions, features,
  544  and operations to improve the delivery of public safety
  545  emergency communications E911 services to the residents of and
  546  visitors to this state.
  547         16.15. Coordinate input from this state at national forums
  548  and associations, to ensure that policies related to public
  549  safety emergency communications E911 systems and services are
  550  consistent with the policies of the public safety emergency
  551  communications E911 community in this state.
  552         17.16. Work cooperatively with the system director
  553  established in s. 365.171(5) to enhance the state of public
  554  safety emergency communications E911 services in this state and
  555  to provide unified leadership for all public safety emergency
  556  communications E911 issues through planning and coordination.
  557         18.17. Do all acts and things necessary or convenient to
  558  carry out the powers granted in this section in a manner that is
  559  competitively and technologically neutral as to all voice
  560  communications services providers, including, but not limited
  561  to, consideration of emerging technology and related cost
  562  savings, while taking into account embedded costs in current
  563  systems.
  564         19.18. Have the authority to secure the services of an
  565  independent, private attorney via invitation to bid, request for
  566  proposals, invitation to negotiate, or professional contracts
  567  for legal services already established at the Division of
  568  Purchasing of the Department of Management Services.
  569         (b) Board members shall serve without compensation;
  570  however, members are entitled to per diem and travel expenses as
  571  provided in s. 112.061.
  572         (c) By February 28 of each year, the board shall prepare a
  573  report for submission by the office to the Governor, the
  574  President of the Senate, and the Speaker of the House of
  575  Representatives which addresses for the immediately preceding
  576  state fiscal year and county fiscal year:
  577         1. The annual receipts, including the total amount of fee
  578  revenues collected by each provider, the total disbursements of
  579  money in the fund, including the amount of fund-reimbursed
  580  expenses incurred by each wireless provider to comply with the
  581  order, and the amount of moneys on deposit in the fund.
  582         2. Whether the amount of the fee and the allocation
  583  percentages set forth in s. 365.173 have been or should be
  584  adjusted to comply with the requirements of the order or other
  585  provisions of this chapter, and the reasons for making or not
  586  making a recommended adjustment to the fee.
  587         3. Any other issues related to providing emergency
  588  communications E911 services.
  589         4. The status of emergency communications E911 services in
  590  this state.
  591         (7) REQUEST FOR PROPOSALS FOR INDEPENDENT ACCOUNTING FIRM.—
  592         (a) The board shall issue a request for proposals as
  593  provided in chapter 287 for the purpose of retaining an
  594  independent accounting firm. The independent accounting firm
  595  shall perform all material administrative and accounting tasks
  596  and functions required for administering the fee. The request
  597  for proposals must include, but need not be limited to:
  598         1. A description of the scope and general requirements of
  599  the services requested.
  600         2. A description of the specific accounting and reporting
  601  services required for administering the fund, including
  602  processing checks and distributing funds as directed by the
  603  board under s. 365.173.
  604         3. A description of information to be provided by the
  605  proposer, including the proposer’s background and qualifications
  606  and the proposed cost of the services to be provided.
  607         (b) The board shall establish a committee to review
  608  requests for proposals which must include the statewide
  609  emergency communications systems E911 system director designated
  610  under s. 365.171(5), or his or her designee, and two members of
  611  the board, one of whom is a county 911 coordinator and one of
  612  whom represents a voice communications services provider. The
  613  review committee shall review the proposals received by the
  614  board and recommend an independent accounting firm to the board
  615  for final selection. By agreeing to serve on the review
  616  committee, each member of the review committee shall verify that
  617  he or she does not have any interest or employment, directly or
  618  indirectly, with potential proposers which conflicts in any
  619  manner or degree with his or her performance on the committee.
  620         (c) The board may secure the services of an independent
  621  accounting firm via invitation to bid, request for proposals,
  622  invitation to negotiate, or professional contracts already
  623  established at the Division of Purchasing, Department of
  624  Management Services, for certified public accounting firms, or
  625  the board may hire and retain professional accounting staff to
  626  accomplish these functions.
  627         (8) PUBLIC SAFETY EMERGENCY COMMUNICATIONS SYSTEMS E911
  628  FEE.—
  629         (a) Each voice communications services provider shall
  630  collect the fee described in this subsection, except that the
  631  fee for prepaid wireless service shall be collected in the
  632  manner set forth in subsection (9). Each provider, as part of
  633  its monthly billing process, shall bill the fee as follows. The
  634  fee may shall not be assessed on any pay telephone in the state.
  635         1. Each voice communications service provider other than a
  636  wireless provider shall bill the fee to a subscriber based on
  637  the number of access lines having access to the 911 E911 system,
  638  on a service-identifier basis, up to a maximum of 25 access
  639  lines per account bill rendered.
  640         2. Each voice communications service provider other than a
  641  wireless provider shall bill the fee to a subscriber on a basis
  642  of five service-identified access lines for each digital
  643  transmission link, including primary rate interface service or
  644  equivalent Digital-Signal-1-level service, which can be
  645  channelized and split into 23 or 24 voice-grade or data-grade
  646  channels for communications, up to a maximum of 25 access lines
  647  per account bill rendered.
  648         3. Except in the case of prepaid wireless service, each
  649  wireless provider shall bill the fee to a subscriber on a per
  650  service-identifier basis for service identifiers whose primary
  651  place of use is within this state. The fee may shall not be
  652  assessed on or collected from a provider with respect to an end
  653  user’s service if that end user’s service is a prepaid wireless
  654  service sold before January 1, 2015.
  655         4. Except in the case of prepaid wireless service, each
  656  voice communications services provider not addressed under
  657  subparagraphs 1., 2., and 3. shall bill the fee on a per
  658  service-identifier basis for service identifiers whose primary
  659  place of use is within the state up to a maximum of 25 service
  660  identifiers for each account bill rendered.
  661  
  662  The provider may list the fee as a separate entry on each bill,
  663  in which case the fee must be identified as a fee for 911 E911
  664  services. A provider shall remit the fee to the board only if
  665  the fee is paid by the subscriber. If a provider receives a
  666  partial payment for a monthly bill from a subscriber, the amount
  667  received shall first be applied to the payment due the provider
  668  for providing voice communications service.
  669         (b) A provider is not obligated to take any legal action to
  670  enforce collection of the fees for which any subscriber is
  671  billed. A county subscribing to 911 service remains liable to
  672  the provider delivering the 911 service or equipment for any 911
  673  service, equipment, operation, or maintenance charge owed by the
  674  county to the provider.
  675         (c) For purposes of this subsection, the state and local
  676  governments are not subscribers.
  677         (d) Each provider may retain 1 percent of the amount of the
  678  fees collected as reimbursement for the administrative costs
  679  incurred by the provider to bill, collect, and remit the fee.
  680  The remainder shall be delivered to the board and deposited by
  681  the board into the fund. The board shall distribute the
  682  remainder pursuant to s. 365.173.
  683         (e) Voice communications services providers billing the fee
  684  to subscribers shall deliver revenues from the fee to the board
  685  within 60 days after the end of the month in which the fee was
  686  billed, together with a monthly report of the number of service
  687  identifiers in each county. Each wireless provider and other
  688  applicable provider identified in subparagraph (a)4. shall
  689  report the number of service identifiers for subscribers whose
  690  place of primary use is in each county. All provider subscriber
  691  information provided to the board is subject to s. 365.174. If a
  692  provider chooses to remit any fee amounts to the board before
  693  they are paid by the subscribers, a provider may apply to the
  694  board for a refund of, or may take a credit for, any such fees
  695  remitted to the board which are not collected by the provider
  696  within 6 months following the month in which the fees are
  697  charged off for federal income tax purposes as bad debt.
  698         (f) The rate of the fee may not exceed 50 cents per month
  699  for each service identifier. Effective January 1, 2015, the fee
  700  shall be 40 cents per month for each service identifier. The fee
  701  shall apply uniformly and be imposed throughout the state,
  702  except for those counties that, before July 1, 2007, had adopted
  703  an ordinance or resolution establishing a fee less than 50 cents
  704  per month per access line. In those counties the fee established
  705  by ordinance may be changed only to the uniform statewide rate
  706  no sooner than 30 days after notification is made by the
  707  county’s board of county commissioners to the board.
  708         (g) The board may adjust the allocation percentages for
  709  distribution of the fund as provided in s. 365.173. No sooner
  710  than June 1, 2015, the board may adjust the rate of the fee
  711  under paragraph (f) based on the criteria in this paragraph and
  712  paragraph (h). Any adjustment in the rate must be approved by a
  713  two-thirds vote of the total number of E911 board members. When
  714  setting the percentages or contemplating any adjustments to the
  715  fee, the board shall consider the following:
  716         1.The revenues currently allocated for wireless service
  717  provider costs for implementing E911 service and projected costs
  718  for implementing E911 service, including recurring costs for
  719  Phase I and Phase II and the effect of new technologies;
  720         1.2. The appropriate level of funding needed to fund the
  721  rural grant program provided for in s. 365.173(2)(f) s.
  722  365.173(2)(g); and
  723         2.3. The need to fund statewide, regional, and county
  724  grants in accordance with sub-subparagraph (6)(a)3.b. and s.
  725  365.173(2)(g) s. 365.173(2)(h).
  726         (h) The board may adjust the allocation percentages or
  727  adjust the amount of the fee as provided in paragraph (g) if
  728  necessary to ensure full cost recovery or prevent over recovery
  729  overrecovery of costs incurred in the provision of 911 E911
  730  service, including costs incurred or projected to be incurred to
  731  comply with the order. Any new allocation percentages or reduced
  732  or increased fee may not be adjusted for 1 year. In no event
  733  shall the fee exceed 50 cents per month for each service
  734  identifier. The fee, and any board adjustment of the fee, shall
  735  be uniform throughout the state, except for the counties
  736  identified in paragraph (f). No less than 90 days before the
  737  effective date of any adjustment to the fee, the board shall
  738  provide written notice of the adjusted fee amount and effective
  739  date to each voice communications services provider from which
  740  the board is then receiving the fee.
  741         (i) It is the intent of the Legislature that all revenue
  742  from the fee be used as specified in s. 365.173(2)(a)-(h) s.
  743  365.173(2)(a)-(i).
  744         (j) State and local taxes do not apply to the fee. The
  745  amount of the E911 fee collected by a provider may not be
  746  included in the base for imposition of any tax, fee, surcharge,
  747  or other charge imposed by this state, any political subdivision
  748  of this state, or any intergovernmental agency.
  749         (k) A local government may not levy the fee or any
  750  additional fee on providers or subscribers for the provision of
  751  911 E911 service.
  752         (l) For purposes of this section, the definitions contained
  753  in s. 202.11 and the provisions of s. 202.155 apply in the same
  754  manner and to the same extent as the definitions and provisions
  755  apply to the taxes levied under chapter 202 on mobile
  756  communications services.
  757         (9) PREPAID WIRELESS PUBLIC SAFETY EMERGENCY COMMUNICATIONS
  758  SYSTEMS E911 FEE.—
  759         (a) Effective January 1, 2015, a prepaid wireless E911 fee
  760  is imposed per retail transaction at the rate established in
  761  paragraph (8)(f). In order to allow sellers of all sizes and
  762  technological capabilities adequate time to comply with this
  763  subsection, a seller of prepaid wireless service operating in
  764  this state before the prepaid wireless E911 fee is imposed shall
  765  retain 100 percent of the fee collected under this paragraph for
  766  the first 2 months to offset the cost of setup.
  767         (b) Effective March 1, 2015, the prepaid wireless E911 fee
  768  imposed under paragraph (a) shall be subject to remittance in
  769  accordance with paragraph (g). In no event shall the fee exceed
  770  50 cents for each retail transaction. At least 90 days before
  771  the effective date of any adjustment to the fee under paragraph
  772  (8)(g), the Department of Revenue shall provide written notice
  773  of the adjusted fee amount and its effective date to each seller
  774  from which the department is then receiving the fee. At least
  775  120 days before the effective date of any adjustment to the fee
  776  imposed under this subsection, the board shall provide notice to
  777  the Department of Revenue of the adjusted fee amount and
  778  effective date of the adjustment.
  779         (c) The prepaid wireless E911 fee shall be collected by the
  780  seller from the consumer with respect to each retail transaction
  781  occurring in this state. The amount of the prepaid wireless E911
  782  fee shall be separately stated on an invoice, receipt, or other
  783  similar document that is provided to the consumer by the seller
  784  or otherwise disclosed to the consumer.
  785         (d) For purposes of paragraph (c), a retail transaction
  786  that takes place in person by a consumer at a business location
  787  of the seller shall be treated as occurring in this state if
  788  that business location is in this state. Such transaction is
  789  deemed to have occurred in the county of the business location.
  790  When a retail transaction does not take place at the seller’s
  791  business location, the transaction shall be treated as taking
  792  place at the consumer’s shipping address or, if no item is
  793  shipped, at the consumer’s address or the location associated
  794  with the consumer’s mobile telephone number. Such transaction is
  795  deemed to have occurred in the county of the consumer’s shipping
  796  address when items are shipped to the consumer or, when no items
  797  are shipped, the county of the consumer’s address or the
  798  location associated with the consumer’s mobile telephone number.
  799  A transaction for which the specific Florida county cannot be
  800  determined shall be treated as nonspecific.
  801         (e) If a prepaid wireless device is sold for a single,
  802  nonitemized price with a prepaid wireless service of 10 minutes
  803  or less or $5 or less, the seller may elect not to apply the
  804  prepaid wireless E911 fee to the transaction.
  805         (f) The amount of the prepaid wireless E911 fee that is
  806  collected by a seller from a consumer and that is separately
  807  stated on an invoice, receipt, or similar document provided to
  808  the consumer by the seller, may not be included in the base for
  809  imposition of any tax, fee, surcharge, or other charge that is
  810  imposed by this state, any political subdivision of this state,
  811  or any intergovernmental agency.
  812         (g) Beginning April 1, 2015, each seller shall file a
  813  return and remit the prepaid wireless E911 fees collected in the
  814  previous month to the Department of Revenue on or before the
  815  20th day of the month. If the 20th day falls on a Saturday,
  816  Sunday, or legal holiday, payments accompanied by returns are
  817  due on the next succeeding day that is not a Saturday, Sunday,
  818  or legal holiday observed by federal or state agencies as
  819  defined in chapter 683 and s. 7503 of the Internal Revenue Code
  820  of 1986, as amended. A seller may remit the prepaid wireless
  821  E911 fee by electronic funds transfer and file a fee return with
  822  the Department of Revenue that is initiated through an
  823  electronic data interchange.
  824         1. When a seller is authorized by the Department of Revenue
  825  pursuant to s. 212.11(1)(c) or (d) to file a sales and use tax
  826  return on a quarterly, semiannual, or annual reporting basis,
  827  the seller may file a return and remit the prepaid wireless E911
  828  fees on or before the 20th day of the month following the
  829  authorized reporting period for sales and use tax.
  830         2. A seller collecting less than $50 per month of prepaid
  831  wireless E911 fees may file a quarterly return for the calendar
  832  quarters ending in March, June, September, and December. The
  833  seller must file a return and remit the prepaid wireless E911
  834  fees collected during each calendar quarter on or before the
  835  20th day of the month following that calendar quarter.
  836         3. A seller must provide the following information on each
  837  prepaid wireless E911 fee return filed with the Department of
  838  Revenue:
  839         a. The seller’s name, federal identification number,
  840  taxpayer identification number issued by the Department of
  841  Revenue, business location address and mailing address, and
  842  county of the business location in accordance with paragraph
  843  (d);
  844         b. The reporting period;
  845         c. The number of prepaid wireless services sold during the
  846  reporting period;
  847         d. The amount of prepaid wireless E911 fees collected and
  848  the amount of any adjustments to the fees collected;
  849         e. The amount of any retailer collection allowance deducted
  850  from the amount of prepaid wireless E911 fees collected; and
  851         f. The amount to be remitted to the Department of Revenue.
  852         4. A seller who operates two or more business locations for
  853  which returns are required to be filed with the Department of
  854  Revenue may file a consolidated return reporting and remitting
  855  the prepaid wireless E911 fee for all business locations. Such
  856  sellers must report the prepaid wireless E911 fees collected in
  857  each county, in accordance with paragraph (d), on a reporting
  858  schedule filed with the fee return.
  859         5. A return is not required for a reporting period when no
  860  prepaid wireless E911 fee is to be remitted for that period.
  861         6. Except as provided in this section, the Department of
  862  Revenue shall administer, collect, and enforce the fee under
  863  this subsection pursuant to the same procedures used in the
  864  administration, collection, and enforcement of the general state
  865  sales tax imposed under chapter 212. The provisions of chapter
  866  212 regarding authority to audit and make assessments, keeping
  867  of books and records, and interest and penalties on delinquent
  868  fees shall apply. The provisions of estimated tax liability in
  869  s. 212.11(1)(a) do not apply to the prepaid wireless E911 fee.
  870         (h) A seller of prepaid wireless services in this state
  871  must register with the Department of Revenue for each place of
  872  business as required by s. 212.18(3) and the Department of
  873  Revenue’s administrative rule regarding registration as a sales
  874  and use tax dealer. A separate application is required for each
  875  place of business. A valid certificate of registration issued by
  876  the Department of Revenue to a seller for sales and use tax
  877  purposes is sufficient for purposes of the registration
  878  requirement of this subsection. There is no fee for registration
  879  for remittance of the prepaid wireless E911 fee.
  880         (i) The Department of Revenue shall deposit the funds
  881  remitted under this subsection into the Audit and Warrant
  882  Clearing Trust Fund established in s. 215.199 and retain up to
  883  3.2 percent of the funds remitted under this subsection to
  884  reimburse its direct costs of administering the collection and
  885  remittance of prepaid wireless E911 fees. Thereafter, the
  886  Department of Revenue shall transfer all remaining funds
  887  remitted under this subsection to the Emergency Communications
  888  Trust Number E911 System Fund monthly for use as provided in s.
  889  365.173.
  890         (j) Beginning March 1, 2015, a seller may retain 5 percent
  891  of the prepaid wireless E911 fees that are collected by the
  892  seller from consumers as a retailer collection allowance.
  893         (k) A provider or seller of prepaid wireless service is not
  894  liable for damages to any person resulting from or incurred in
  895  connection with providing or failing to provide emergency
  896  communications and 911 or E911 service or for identifying or
  897  failing to identify the telephone number, address, location, or
  898  name associated with any person or device that is accessing or
  899  attempting to access emergency communications and 911 or E911
  900  service.
  901         (l) A provider or seller of prepaid wireless service is not
  902  liable for damages to any person resulting from or incurred in
  903  connection with providing any lawful assistance to any
  904  investigative or law enforcement officer of the United States,
  905  any state, or any political subdivision of any state in
  906  connection with any lawful investigation or other law
  907  enforcement activity by such law enforcement officer.
  908         (m) The limitations of liability under this subsection for
  909  providers and sellers are in addition to any other limitation of
  910  liability provided for under this section.
  911         (n) A local government may not levy the fee or any
  912  additional fee on providers or sellers of prepaid wireless
  913  service for the provision of 911 E911 service.
  914         (o) For purposes of this section, the state and local
  915  governments are not consumers.
  916         (p) For purposes of this subsection, the term:
  917         1. “Consumer” means a person who purchases prepaid wireless
  918  service in a retail sale.
  919         2. “Prepaid wireless E911 fee” means the fee that is
  920  required to be collected by a seller from a consumer as provided
  921  in this subsection.
  922         3. “Provider” means a person that provides prepaid wireless
  923  service pursuant to a license issued by the Federal
  924  Communications Commission.
  925         4. “Retail transaction” means the purchase by a consumer
  926  from a seller of prepaid wireless service that may be applied to
  927  a single service identifier for use by the consumer. If a
  928  consumer makes a purchase of multiple prepaid wireless services
  929  in a single transaction, each individual prepaid wireless
  930  service shall be considered a separate retail transaction for
  931  purposes of calculating the prepaid wireless E911 fee.
  932         5. “Seller” means a person who makes retail sales of
  933  prepaid wireless services to a consumer.
  934         (10) AUTHORIZED EXPENDITURES OF PUBLIC SAFETY EMERGENCY
  935  COMMUNICATIONS SYSTEMS E911 FEE.—
  936         (a) For purposes of this section, emergency communications
  937  and 911 E911 service includes the functions relating to the
  938  receipt and transfer of requests for emergency assistance, of
  939  database management, call taking, and location verification, and
  940  call transfer. Department of Health certification and
  941  recertification and training costs for 911 public safety
  942  telecommunications, including dispatching, are functions of
  943  public safety emergency communications 911 services.
  944         (b) All costs directly attributable to the establishment or
  945  provision of emergency communications equipment E911 service and
  946  contracting for E911 services related to a primary or secondary
  947  public safety answering point are eligible for expenditure of
  948  moneys derived from imposition of the fee authorized by
  949  subsections (8) and (9). These costs include the acquisition,
  950  implementation, and maintenance of Public Safety Answering Point
  951  (PSAP) equipment and 911 E911 service features, as defined in
  952  the providers’ published schedules or the acquisition,
  953  installation, and maintenance of other E911 equipment,
  954  including: circuits; call answering equipment; call transfer
  955  equipment; ANI or ALI controllers; ANI or ALI displays; station
  956  instruments; NG911 E911 telecommunications systems; Emergency
  957  Services IP Networks (ESInets); visual call information and
  958  storage devices; recording equipment; telephone devices and
  959  other equipment for the hearing impaired used in the 911 E911
  960  system; PSAP backup power systems; consoles; automatic call
  961  distributors; , and interfaces, including hardware and software,
  962  for computer-aided dispatch (CAD) systems, public safety Land
  963  Mobile Radio(LMR) systems and radio consoles that provide two
  964  way radio communication with responders, and in-building
  965  coverage; integrated CAD systems for that portion of the systems
  966  used for E911 call taking; GIS system and software equipment and
  967  information displays; network clocks; cybersecurity, including
  968  hardware, software, and services; salary and associated expenses
  969  for 911 E911 call takers and emergency dispatchers for that
  970  portion of their time spent taking and transferring E911 calls,
  971  salary, and associated expenses for a county to employ a full
  972  time equivalent 911 E911 coordinator position and a full-time
  973  equivalent mapping or geographical data position, and technical
  974  system maintenance, database, and administration personnel for
  975  the portion of their time spent administrating the emergency
  976  communications E911 system; emergency medical, fire, and law
  977  enforcement prearrival instruction software; charts and training
  978  costs; training costs for PSAP call takers, dispatchers,
  979  supervisors, and managers in the proper methods and techniques
  980  used in taking and transferring 911 E911 calls; costs to train
  981  and educate PSAP employees and the public regarding 911 and
  982  radio E911 service or NG911 E911 equipment, including fees
  983  collected by the Department of Health for the certification and
  984  recertification of 911 public safety telecommunicators as
  985  required under s. 401.465; and expenses required to develop and
  986  maintain all information, including ALI and ANI databases, call
  987  takers access to smart city technology data, emergency
  988  communications broadband network information and other
  989  information source repositories, necessary to properly inform
  990  call takers as to location address, type of emergency, and other
  991  information directly relevant to the processing of a request for
  992  emergency assistance E911 call-taking and transferring function.
  993  Moneys derived from the fee may also be used for next-generation
  994  E911 network services, next-generation E911 database services,
  995  next-generation E911 equipment, and wireless E911 routing
  996  systems.
  997         (c) The moneys may not be used to pay for any item not
  998  listed in this subsection, including, but not limited to, any
  999  capital or operational costs related to responders dispatched to
 1000  the emergency, and for emergency responses which occur after the
 1001  call transfer to the responding public safety entity and the
 1002  costs for utilities, constructing, leasing, maintaining, or
 1003  renovating buildings, except for those building modifications
 1004  necessary to maintain the security and environmental integrity
 1005  of the PSAP and emergency communications E911 equipment rooms.
 1006         (11) LIABILITY OF COUNTIES.—A county subscribing to 911
 1007  service remains liable to the local exchange carrier for any 911
 1008  service, equipment, operation, or maintenance charge owed by the
 1009  county to the local exchange carrier. As used in this
 1010  subsection, the term “local exchange carrier” means a local
 1011  exchange telecommunications service provider of 911 service or
 1012  equipment to any county within its certificated area.
 1013         (12) INDEMNIFICATION AND LIMITATION OF LIABILITY.—A local
 1014  government may indemnify local exchange carriers against
 1015  liability in accordance with the published schedules of the
 1016  company. Notwithstanding an indemnification agreement, a local
 1017  exchange carrier, voice communications services provider, or
 1018  other service provider that provides 911, or E911, or NG911
 1019  service on a retail or wholesale basis is not liable for damages
 1020  resulting from or in connection with 911, or E911, or NG911
 1021  service, or for identification of the telephone number, or
 1022  address, or name associated with any person accessing 911, or
 1023  E911, or NG911 service, unless the carrier or provider acted
 1024  with malicious purpose or in a manner exhibiting wanton and
 1025  willful disregard of the rights, safety, or property of a person
 1026  when providing such services. A carrier or provider is not
 1027  liable for damages to any person resulting from or in connection
 1028  with the carrier’s or provider’s provision of any lawful
 1029  assistance to any investigative or law enforcement officer of
 1030  the United States, this state, or a political subdivision
 1031  thereof, or of any other state or political subdivision thereof,
 1032  in connection with any lawful investigation or other law
 1033  enforcement activity by such law enforcement officer. For
 1034  purposes of this subsection, the term “911, or E911, or NG911
 1035  service” means a telecommunications service, voice or nonvoice
 1036  communications service, or other wireline or wireless service,
 1037  including, but not limited to, a service using Internet
 1038  protocol, which provides, in whole or in part, any of the
 1039  following functions: providing members of the public with the
 1040  ability to reach an answering point by using the digits 9-1-1;
 1041  directing 911 calls to answering points by selective routing;
 1042  providing for automatic number identification and automatic
 1043  location-identification features; or providing wireless E911
 1044  services as defined in the order.
 1045         (13) FACILITATING EMERGENCY COMMUNICATIONS E911 SERVICE
 1046  IMPLEMENTATION.—To balance the public need for reliable
 1047  emergency communications E911 services through reliable wireless
 1048  systems and the public interest served by governmental zoning
 1049  and land development regulations and notwithstanding any other
 1050  law or local ordinance to the contrary, the following standards
 1051  shall apply to a local government’s actions, as a regulatory
 1052  body, in the regulation of the placement, construction, or
 1053  modification of a wireless communications facility. This
 1054  subsection may shall not, however, be construed to waive or
 1055  alter the provisions of s. 286.011 or s. 286.0115. For the
 1056  purposes of this subsection only, “local government” shall mean
 1057  any municipality or county and any agency of a municipality or
 1058  county only. The term “local government” does not, however,
 1059  include any airport, as defined by s. 330.27(2), even if it is
 1060  owned or controlled by or through a municipality, county, or
 1061  agency of a municipality or county. Further, notwithstanding
 1062  anything in this section to the contrary, this subsection does
 1063  not apply to or control a local government’s actions as a
 1064  property or structure owner in the use of any property or
 1065  structure owned by such entity for the placement, construction,
 1066  or modification of wireless communications facilities. In the
 1067  use of property or structures owned by the local government,
 1068  however, a local government may not use its regulatory authority
 1069  so as to avoid compliance with, or in a manner that does not
 1070  advance, the provisions of this subsection.
 1071         (a) Colocation Collocation among wireless providers is
 1072  encouraged by the state.
 1073         1.a. Colocations Collocations on towers, including
 1074  nonconforming towers, that meet the requirements in sub-sub
 1075  subparagraphs (I), (II), and (III), are subject to only building
 1076  permit review, which may include a review for compliance with
 1077  this subparagraph. Such colocations collocations are not subject
 1078  to any design or placement requirements of the local
 1079  government’s land development regulations in effect at the time
 1080  of the colocation collocation that are more restrictive than
 1081  those in effect at the time of the initial antennae placement
 1082  approval, to any other portion of the land development
 1083  regulations, or to public hearing review. This sub-subparagraph
 1084  may shall not preclude a public hearing for any appeal of the
 1085  decision on the colocation collocation application.
 1086         (I) The colocation collocation does not increase the height
 1087  of the tower to which the antennae are to be attached, measured
 1088  to the highest point of any part of the tower or any existing
 1089  antenna attached to the tower;
 1090         (II) The colocation collocation does not increase the
 1091  ground space area, commonly known as the compound, approved in
 1092  the site plan for equipment enclosures and ancillary facilities;
 1093  and
 1094         (III) The colocation collocation consists of antennae,
 1095  equipment enclosures, and ancillary facilities that are of a
 1096  design and configuration consistent with all applicable
 1097  regulations, restrictions, or conditions, if any, applied to the
 1098  initial antennae placed on the tower and to its accompanying
 1099  equipment enclosures and ancillary facilities and, if
 1100  applicable, applied to the tower supporting the antennae. Such
 1101  regulations may include the design and aesthetic requirements,
 1102  but not procedural requirements, other than those authorized by
 1103  this section, of the local government’s land development
 1104  regulations in effect at the time the initial antennae placement
 1105  was approved.
 1106         b. Except for a historic building, structure, site, object,
 1107  or district, or a tower included in sub-subparagraph a.,
 1108  colocations collocations on all other existing structures that
 1109  meet the requirements in sub-sub-subparagraphs (I)-(IV) shall be
 1110  subject to no more than building permit review, and an
 1111  administrative review for compliance with this subparagraph.
 1112  Such colocations collocations are not subject to any portion of
 1113  the local government’s land development regulations not
 1114  addressed herein, or to public hearing review. This sub
 1115  subparagraph may shall not preclude a public hearing for any
 1116  appeal of the decision on the colocation collocation
 1117  application.
 1118         (I) The colocation collocation does not increase the height
 1119  of the existing structure to which the antennae are to be
 1120  attached, measured to the highest point of any part of the
 1121  structure or any existing antenna attached to the structure;
 1122         (II) The colocation collocation does not increase the
 1123  ground space area, otherwise known as the compound, if any,
 1124  approved in the site plan for equipment enclosures and ancillary
 1125  facilities;
 1126         (III) The colocation collocation consists of antennae,
 1127  equipment enclosures, and ancillary facilities that are of a
 1128  design and configuration consistent with any applicable
 1129  structural or aesthetic design requirements and any requirements
 1130  for location on the structure, but not prohibitions or
 1131  restrictions on the placement of additional colocations
 1132  collocations on the existing structure or procedural
 1133  requirements, other than those authorized by this section, of
 1134  the local government’s land development regulations in effect at
 1135  the time of the colocation collocation application; and
 1136         (IV) The colocation collocation consists of antennae,
 1137  equipment enclosures, and ancillary facilities that are of a
 1138  design and configuration consistent with all applicable
 1139  restrictions or conditions, if any, that do not conflict with
 1140  sub-sub-subparagraph (III) and were applied to the initial
 1141  antennae placed on the structure and to its accompanying
 1142  equipment enclosures and ancillary facilities and, if
 1143  applicable, applied to the structure supporting the antennae.
 1144         c. Regulations, restrictions, conditions, or permits of the
 1145  local government, acting in its regulatory capacity, that limit
 1146  the number of colocations collocations or require review
 1147  processes inconsistent with this subsection does shall not apply
 1148  to colocations collocations addressed in this subparagraph.
 1149         d. If only a portion of the colocation collocation does not
 1150  meet the requirements of this subparagraph, such as an increase
 1151  in the height of the proposed antennae over the existing
 1152  structure height or a proposal to expand the ground space
 1153  approved in the site plan for the equipment enclosure, where all
 1154  other portions of the colocation collocation meet the
 1155  requirements of this subparagraph, that portion of the
 1156  colocation collocation only may be reviewed under the local
 1157  government’s regulations applicable to an initial placement of
 1158  that portion of the facility, including, but not limited to, its
 1159  land development regulations, and within the review timeframes
 1160  of subparagraph (d)2., and the rest of the colocation
 1161  collocation shall be reviewed in accordance with this
 1162  subparagraph. A colocation collocation proposal under this
 1163  subparagraph that increases the ground space area, otherwise
 1164  known as the compound, approved in the original site plan for
 1165  equipment enclosures and ancillary facilities by no more than a
 1166  cumulative amount of 400 square feet or 50 percent of the
 1167  original compound size, whichever is greater, shall, however,
 1168  require no more than administrative review for compliance with
 1169  the local government’s regulations, including, but not limited
 1170  to, land development regulations review, and building permit
 1171  review, with no public hearing review. This sub-subparagraph
 1172  does shall not preclude a public hearing for any appeal of the
 1173  decision on the colocation collocation application.
 1174         2. If a colocation collocation does not meet the
 1175  requirements of subparagraph 1., the local government may review
 1176  the application under the local government’s regulations,
 1177  including, but not limited to, land development regulations,
 1178  applicable to the placement of initial antennae and their
 1179  accompanying equipment enclosure and ancillary facilities.
 1180         3. If a colocation collocation meets the requirements of
 1181  subparagraph 1., the colocation may collocation shall not be
 1182  considered a modification to an existing structure or an
 1183  impermissible modification of a nonconforming structure.
 1184         4. The owner of the existing tower on which the proposed
 1185  antennae are to be colocated collocated shall remain responsible
 1186  for compliance with any applicable condition or requirement of a
 1187  permit or agreement, or any applicable condition or requirement
 1188  of the land development regulations to which the existing tower
 1189  had to comply at the time the tower was permitted, including any
 1190  aesthetic requirements, provided the condition or requirement is
 1191  not inconsistent with this paragraph.
 1192         5. An existing tower, including a nonconforming tower, may
 1193  be structurally modified in order to permit colocation
 1194  collocation or may be replaced through no more than
 1195  administrative review and building permit review, and is not
 1196  subject to public hearing review, if the overall height of the
 1197  tower is not increased and, if a replacement, the replacement
 1198  tower is a monopole tower or, if the existing tower is a
 1199  camouflaged tower, the replacement tower is a like-camouflaged
 1200  tower. This subparagraph may shall not preclude a public hearing
 1201  for any appeal of the decision on the application.
 1202         (b)1. A local government’s land development and
 1203  construction regulations for wireless communications facilities
 1204  and the local government’s review of an application for the
 1205  placement, construction, or modification of a wireless
 1206  communications facility shall only address land development or
 1207  zoning issues. In such local government regulations or review,
 1208  the local government may not require information on or evaluate
 1209  a wireless provider’s business decisions about its service,
 1210  customer demand for its service, or quality of its service to or
 1211  from a particular area or site, unless the wireless provider
 1212  voluntarily offers this information to the local government. In
 1213  such local government regulations or review, a local government
 1214  may not require information on or evaluate the wireless
 1215  provider’s designed service unless the information or materials
 1216  are directly related to an identified land development or zoning
 1217  issue or unless the wireless provider voluntarily offers the
 1218  information. Information or materials directly related to an
 1219  identified land development or zoning issue may include, but are
 1220  not limited to, evidence that no existing structure can
 1221  reasonably be used for the antennae placement instead of the
 1222  construction of a new tower, that residential areas cannot be
 1223  served from outside the residential area, as addressed in
 1224  subparagraph 3., or that the proposed height of a new tower or
 1225  initial antennae placement or a proposed height increase of a
 1226  modified tower, replacement tower, or colocation collocation is
 1227  necessary to provide the provider’s designed service. Nothing in
 1228  this paragraph shall limit the local government from reviewing
 1229  any applicable land development or zoning issue addressed in its
 1230  adopted regulations that does not conflict with this section,
 1231  including, but not limited to, aesthetics, landscaping, land
 1232  use-based use based location priorities, structural design, and
 1233  setbacks.
 1234         2. Any setback or distance separation required of a tower
 1235  may not exceed the minimum distance necessary, as determined by
 1236  the local government, to satisfy the structural safety or
 1237  aesthetic concerns that are to be protected by the setback or
 1238  distance separation.
 1239         3. A local government may exclude the placement of wireless
 1240  communications facilities in a residential area or residential
 1241  zoning district but only in a manner that does not constitute an
 1242  actual or effective prohibition of the provider’s service in
 1243  that residential area or zoning district. If a wireless provider
 1244  demonstrates to the satisfaction of the local government that
 1245  the provider cannot reasonably provide its service to the
 1246  residential area or zone from outside the residential area or
 1247  zone, the municipality or county and provider shall cooperate to
 1248  determine an appropriate location for a wireless communications
 1249  facility of an appropriate design within the residential area or
 1250  zone. The local government may require that the wireless
 1251  provider reimburse the reasonable costs incurred by the local
 1252  government for this cooperative determination. An application
 1253  for such cooperative determination may shall not be considered
 1254  an application under paragraph (d).
 1255         4. A local government may impose a reasonable fee on
 1256  applications to place, construct, or modify a wireless
 1257  communications facility only if a similar fee is imposed on
 1258  applicants seeking other similar types of zoning, land use, or
 1259  building permit review. A local government may impose fees for
 1260  the review of applications for wireless communications
 1261  facilities by consultants or experts who conduct code compliance
 1262  review for the local government but any fee is limited to
 1263  specifically identified reasonable expenses incurred in the
 1264  review. A local government may impose reasonable surety
 1265  requirements to ensure the removal of wireless communications
 1266  facilities that are no longer being used.
 1267         5. A local government may impose design requirements, such
 1268  as requirements for designing towers to support colocation
 1269  collocation or aesthetic requirements, except as otherwise
 1270  limited in this section, but may shall not impose or require
 1271  information on compliance with building code type standards for
 1272  the construction or modification of wireless communications
 1273  facilities beyond those adopted by the local government under
 1274  chapter 553 and that apply to all similar types of construction.
 1275         (c) Local governments may not require wireless providers to
 1276  provide evidence of a wireless communications facility’s
 1277  compliance with federal regulations, except evidence of
 1278  compliance with applicable Federal Aviation Administration
 1279  requirements under 14 C.F.R. part 77, as amended, and evidence
 1280  of proper Federal Communications Commission licensure, or other
 1281  evidence of Federal Communications Commission authorized
 1282  spectrum use, but may request the Federal Communications
 1283  Commission to provide information as to a wireless provider’s
 1284  compliance with federal regulations, as authorized by federal
 1285  law.
 1286         (d)1. A local government shall grant or deny each properly
 1287  completed application for a colocation collocation under
 1288  subparagraph (a)1. based on the application’s compliance with
 1289  the local government’s applicable regulations, as provided for
 1290  in subparagraph (a)1. and consistent with this subsection, and
 1291  within the normal timeframe for a similar building permit review
 1292  but in no case later than 45 business days after the date the
 1293  application is determined to be properly completed in accordance
 1294  with this paragraph.
 1295         2. A local government shall grant or deny each properly
 1296  completed application for any other wireless communications
 1297  facility based on the application’s compliance with the local
 1298  government’s applicable regulations, including but not limited
 1299  to land development regulations, consistent with this subsection
 1300  and within the normal timeframe for a similar type review but in
 1301  no case later than 90 business days after the date the
 1302  application is determined to be properly completed in accordance
 1303  with this paragraph.
 1304         3.a. An application is deemed submitted or resubmitted on
 1305  the date the application is received by the local government. If
 1306  the local government does not notify the applicant in writing
 1307  that the application is not completed in compliance with the
 1308  local government’s regulations within 20 business days after the
 1309  date the application is initially submitted or additional
 1310  information resubmitted, the application is deemed, for
 1311  administrative purposes only, to be properly completed and
 1312  properly submitted. However, the determination may shall not be
 1313  deemed as an approval of the application. If the application is
 1314  not completed in compliance with the local government’s
 1315  regulations, the local government shall so notify the applicant
 1316  in writing and the notification must indicate with specificity
 1317  any deficiencies in the required documents or deficiencies in
 1318  the content of the required documents which, if cured, make the
 1319  application properly completed. Upon resubmission of information
 1320  to cure the stated deficiencies, the local government shall
 1321  notify the applicant, in writing, within the normal timeframes
 1322  of review, but in no case longer than 20 business days after the
 1323  additional information is submitted, of any remaining
 1324  deficiencies that must be cured. Deficiencies in document type
 1325  or content not specified by the local government do not make the
 1326  application incomplete. Notwithstanding this sub-subparagraph,
 1327  if a specified deficiency is not properly cured when the
 1328  applicant resubmits its application to comply with the notice of
 1329  deficiencies, the local government may continue to request the
 1330  information until such time as the specified deficiency is
 1331  cured. The local government may establish reasonable timeframes
 1332  within which the required information to cure the application
 1333  deficiency is to be provided or the application will be
 1334  considered withdrawn or closed.
 1335         b. If the local government fails to grant or deny a
 1336  properly completed application for a wireless communications
 1337  facility within the timeframes set forth in this paragraph, the
 1338  application shall be deemed automatically approved and the
 1339  applicant may proceed with placement of the facilities without
 1340  interference or penalty. The timeframes specified in
 1341  subparagraph 2. may be extended only to the extent that the
 1342  application has not been granted or denied because the local
 1343  government’s procedures generally applicable to all other
 1344  similar types of applications require action by the governing
 1345  body and such action has not taken place within the timeframes
 1346  specified in subparagraph 2. Under such circumstances, the local
 1347  government must act to either grant or deny the application at
 1348  its next regularly scheduled meeting or, otherwise, the
 1349  application is deemed to be automatically approved.
 1350         c. To be effective, a waiver of the timeframes set forth in
 1351  this paragraph must be voluntarily agreed to by the applicant
 1352  and the local government. A local government may request, but
 1353  not require, a waiver of the timeframes by the applicant, except
 1354  that, with respect to a specific application, a one-time waiver
 1355  may be required in the case of a declared local, state, or
 1356  federal emergency that directly affects the administration of
 1357  all permitting activities of the local government.
 1358         (e) The replacement of or modification to a wireless
 1359  communications facility, except a tower, that results in a
 1360  wireless communications facility not readily discernibly
 1361  different in size, type, and appearance when viewed from ground
 1362  level from surrounding properties, and the replacement or
 1363  modification of equipment that is not visible from surrounding
 1364  properties, all as reasonably determined by the local
 1365  government, are subject to no more than applicable building
 1366  permit review.
 1367         (f) Any other law to the contrary notwithstanding, the
 1368  Department of Management Services shall negotiate, in the name
 1369  of the state, leases for wireless communications facilities that
 1370  provide access to state government-owned property not acquired
 1371  for transportation purposes, and the Department of
 1372  Transportation shall negotiate, in the name of the state, leases
 1373  for wireless communications facilities that provide access to
 1374  property acquired for state rights-of-way. On property acquired
 1375  for transportation purposes, leases shall be granted in
 1376  accordance with s. 337.251. On other state government-owned
 1377  property, leases shall be granted on a space available, first
 1378  come, first-served basis. Payments required by state government
 1379  under a lease must be reasonable and must reflect the market
 1380  rate for the use of the state government-owned property. The
 1381  Department of Management Services and the Department of
 1382  Transportation are authorized to adopt rules for the terms and
 1383  conditions and granting of any such leases.
 1384         (g) If any person adversely affected by any action, or
 1385  failure to act, or regulation, or requirement of a local
 1386  government in the review or regulation of the wireless
 1387  communication facilities files an appeal or brings an
 1388  appropriate action in a court or venue of competent
 1389  jurisdiction, following the exhaustion of all administrative
 1390  remedies, the matter shall be considered on an expedited basis.
 1391         (14) MISUSE OF 911, OR E911, OR NG911 SYSTEM; PENALTY.—911,
 1392  and E911, and NG911 service must be used solely for emergency
 1393  communications by the public. Any person who accesses the number
 1394  911 for the purpose of making a false alarm or complaint or
 1395  reporting false information that could result in the emergency
 1396  response of any public safety agency; any person who knowingly
 1397  uses or attempts to use such service for a purpose other than
 1398  obtaining public safety assistance; or any person who knowingly
 1399  uses or attempts to use such service in an effort to avoid any
 1400  charge for service, commits a misdemeanor of the first degree,
 1401  punishable as provided in s. 775.082 or s. 775.083. After being
 1402  convicted of unauthorized use of such service four times, a
 1403  person who continues to engage in such unauthorized use commits
 1404  a felony of the third degree, punishable as provided in s.
 1405  775.082, s. 775.083, or s. 775.084. In addition, if the value of
 1406  the service or the service charge obtained in a manner
 1407  prohibited by this subsection exceeds $100, the person
 1408  committing the offense commits a felony of the third degree,
 1409  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1410         (15) TEXT-TO-911 SERVICE.—Each county shall develop a
 1411  countywide implementation plan addressing text-to-911 services
 1412  and, by January 1, 2022, enact a system to allow text-to-911
 1413  services.
 1414         (16) STATE LAW NOT PREEMPTED.—This section and ss. 365.173
 1415  and 365.174 do not alter any state law that otherwise regulates
 1416  voice communications services providers.
 1417         Section 2. Section 365.173, Florida Statutes, is amended to
 1418  read:
 1419         365.173 Emergency Communications Trust Number E911 System
 1420  Fund.—
 1421         (1) REVENUES.—
 1422         (a) Revenues derived from the fee levied on subscribers
 1423  under s. 365.172(8) must be paid by the board into the State
 1424  Treasury on or before the 15th day of each month. Such moneys
 1425  must be accounted for in a special fund to be designated as the
 1426  Emergency Communications Trust Number E911 System Fund, a fund
 1427  created in the Division of Telecommunications, or other office
 1428  as designated by the Secretary of Management Services.
 1429         (b) Revenues derived from the fee levied on prepaid
 1430  wireless service under s. 365.172(9), less the costs of
 1431  administering collection of the fee, must be transferred by the
 1432  Department of Revenue to the Emergency Communications Trust
 1433  Number E911 System Fund on or before the 25th day of each month
 1434  following the month of receipt.
 1435         (c) For accounting purposes, the Emergency Communications
 1436  Trust Number E911 System Fund must be segregated into three
 1437  separate categories:
 1438         1. The wireless category;
 1439         2. The nonwireless category; and
 1440         3. The prepaid wireless category.
 1441         (d) All moneys must be invested by the Chief Financial
 1442  Officer pursuant to s. 17.61. All moneys in such fund are to be
 1443  expended by the office for the purposes provided in this section
 1444  and s. 365.172. These funds are not subject to s. 215.20.
 1445         (2) DISTRIBUTION AND USE OF FUNDS.—As determined by the
 1446  board pursuant to s. 365.172(8)(f) s. 365.172(8)(g), and subject
 1447  to any modifications approved by the board pursuant to s.
 1448  365.172(6)(a)3. or (8)(g) s. 365.172(6)(a)3. or (8)(h), the
 1449  moneys in the fund shall be distributed and used only as
 1450  follows:
 1451         (a) Ninety-five Seventy-six percent of the moneys in the
 1452  wireless category shall be distributed each month to counties,
 1453  based on the total number of service identifiers in each county,
 1454  to and shall be used exclusively for payment of:
 1455         1. authorized expenditures, as specified in s. 365.172(10).
 1456         2.Costs to comply with the requirements for E911 service
 1457  contained in the order and any future rules related to the
 1458  order.
 1459         (b) Ninety-six percent of the moneys in the nonwireless
 1460  category shall be distributed each month to counties based on
 1461  the total number of service identifiers in each county and shall
 1462  be used exclusively for payment of authorized expenditures, as
 1463  specified in s. 365.172(10).
 1464         (c) Sixty-one percent of the moneys in the prepaid wireless
 1465  category shall be distributed each month to counties based on
 1466  the total amount of fees reported and paid in each county and
 1467  shall be used exclusively for payment of authorized
 1468  expenditures, as specified in s. 365.172(10). The moneys from
 1469  prepaid wireless E911 fees identified as nonspecific in
 1470  accordance with s. 365.172(9) shall be distributed as determined
 1471  by the Emergency Communications E911 Board.
 1472         (d) Any county that receives funds under paragraphs (a),
 1473  (b), and (c) shall establish a fund to be used exclusively for
 1474  the receipt and expenditure of the revenues collected under
 1475  paragraphs (a), (b), and (c). All fees placed in the fund and
 1476  any interest accrued shall be used solely for costs described in
 1477  paragraph (a) subparagraphs (a)1. and 2. and may not be reduced,
 1478  withheld, or allocated for other purposes. The money collected
 1479  and interest earned in this fund shall be appropriated for these
 1480  purposes by the county commissioners and incorporated into the
 1481  annual county budget. The fund shall be included within the
 1482  financial audit performed in accordance with s. 218.39. The
 1483  financial audit shall assure that all emergency communications
 1484  E911 fee revenues, interest, and emergency communications E911
 1485  grant funding are used for payment of authorized expenditures,
 1486  as specified in s. 365.172(10) and as specified in the Emergency
 1487  Communications E911 Board grant and special disbursement
 1488  programs. The board may, in accordance with board rules,
 1489  withhold future distribution of grant funds or request a return
 1490  of all or a portion of funds previously awarded based on
 1491  findings from the financial audit. The county is responsible for
 1492  all expenditures of revenues distributed from the county
 1493  emergency communications E911 fund and shall submit the
 1494  financial audit reports to the board for review. A county may
 1495  carry forward up to 30 percent of the total funds disbursed to
 1496  the county by the board during a county fiscal year for
 1497  expenditures for capital outlay, capital improvements, equipment
 1498  replacement, or implementation of a hosted system if such
 1499  expenditures are made for the purposes specified in paragraph
 1500  (a) subparagraphs (a)1. and 2.; however, the 30-percent
 1501  limitation does not apply to funds disbursed to a county under
 1502  s. 365.172(6)(a)3., and a county may carry forward any
 1503  percentage of the funds, except that any grant provided shall
 1504  continue to be subject to any condition imposed by the board. In
 1505  order to prevent an excess recovery of costs incurred in
 1506  providing emergency communications E911 service, a county that
 1507  receives funds greater than the permissible emergency
 1508  communications E911 costs described in s. 365.172(10), including
 1509  the 30-percent carryforward allowance, must return the excess
 1510  funds to the E911 board to be allocated under s. 365.172(6)(a).
 1511         (e)Twenty percent of the moneys in the wireless category
 1512  shall be distributed to wireless providers in response to sworn
 1513  invoices submitted to the board by wireless providers to
 1514  reimburse such wireless providers for the actual costs incurred
 1515  to provide 911 or E911 service, including the costs of complying
 1516  with the order. Such costs include costs and expenses incurred
 1517  by wireless providers to design, purchase, lease, program,
 1518  install, test, upgrade, operate, and maintain all necessary
 1519  data, hardware, and software required to provide E911 service.
 1520  Each wireless provider shall submit to the board, by August 1 of
 1521  each year, a detailed estimate of the capital and operating
 1522  expenses for which it anticipates that it will seek
 1523  reimbursement under this paragraph during the ensuing state
 1524  fiscal year. In order to be eligible for recovery during any
 1525  ensuing state fiscal year, a wireless provider must submit all
 1526  sworn invoices for allowable purchases made within the previous
 1527  calendar year no later than March 31 of the fiscal year. By
 1528  September 15 of each year, the board shall submit to the
 1529  Legislature its legislative budget request for funds to be
 1530  allocated to wireless providers under this paragraph during the
 1531  ensuing state fiscal year. The budget request shall be based on
 1532  the information submitted by the wireless providers and
 1533  estimated surcharge revenues. Distributions of moneys in the
 1534  fund by the board to wireless providers must be fair and
 1535  nondiscriminatory. If the total amount of moneys requested by
 1536  wireless providers pursuant to invoices submitted to the board
 1537  and approved for payment exceeds the amount in the fund in any
 1538  month, wireless providers that have invoices approved for
 1539  payment shall receive a pro rata share of moneys in the fund and
 1540  the balance of the payments shall be carried over to the
 1541  following month or months until all of the approved payments are
 1542  made. The board may adopt rules necessary to address the manner
 1543  in which pro rata distributions are made when the total amount
 1544  of funds requested by wireless providers pursuant to invoices
 1545  submitted to the board exceeds the total amount of moneys on
 1546  deposit in the fund.
 1547         (e)(f) One percent of the moneys in each category of the
 1548  fund shall be retained by the board to be applied to costs and
 1549  expenses incurred for the purposes of managing, administering,
 1550  and overseeing the receipts and disbursements from the fund and
 1551  other activities as defined in s. 365.172(6). Any funds retained
 1552  for such purposes in a calendar year which are not applied to
 1553  such costs and expenses by March 31 of the following year shall
 1554  be redistributed as determined by the board.
 1555         (f)(g) Three percent of the moneys in each category of the
 1556  fund and an additional 1 percent of the moneys collected in the
 1557  wireless category shall be used to make monthly distributions to
 1558  rural counties for the purpose of providing facilities and
 1559  network and service enhancements and assistance for the
 1560  emergency communications 911 or E911 systems operated by rural
 1561  counties and for the provision of grants by the office to rural
 1562  counties for upgrading and replacing emergency communications
 1563  E911 systems.
 1564         (g)(h) Thirty-five percent of the moneys in the prepaid
 1565  wireless category shall be retained by the board to provide
 1566  state emergency communications E911 grants to be awarded in
 1567  accordance with the following order of priority:
 1568         1. For all large, medium, and rural counties to upgrade or
 1569  replace emergency communications E911 systems.
 1570         2. For all large, medium, and rural counties to develop and
 1571  maintain statewide 911 routing, geographic, and management
 1572  information systems.
 1573         3. For all large, medium, and rural counties to develop and
 1574  maintain next-generation 911 services and equipment.
 1575         (h)(i) If the wireless category has funds remaining in it
 1576  on December 31 after disbursements have been made during the
 1577  calendar year immediately prior to December 31, the board may
 1578  disburse the excess funds in the wireless category in accordance
 1579  with s. 365.172(6)(a)3.b.
 1580         (3) The Legislature recognizes that the fee authorized
 1581  under s. 365.172 may not necessarily provide the total funding
 1582  required for establishing or providing the emergency
 1583  communications E911 service. It is the intent of the Legislature
 1584  that all revenue from the fee be used as specified in subsection
 1585  (2).
 1586         Section 3. Subsection (1) of section 365.177, Florida
 1587  Statutes, is amended to read:
 1588         365.177 Transfer of E911 calls between systems.—
 1589         (1) The office shall develop a plan by December 30, 2023
 1590  February 1, 2020, to upgrade all 911 public safety answering
 1591  points within the state to allow the transfer of an emergency
 1592  call from one local, multijurisdictional, or regional E911
 1593  system to another local, multijurisdictional, or regional E911
 1594  system in the state by December 30, 2033. Such transfer should
 1595  include voice, text message, image, video, caller identification
 1596  information, location information, and additional standards
 1597  based 911 call information. The plan must prioritize the upgrade
 1598  of PSAPs based on the population served by each PSAP, the
 1599  capability of a jurisdiction or region to modernize PSAPs beyond
 1600  legacy 911 infrastructure, and the ability of a jurisdiction or
 1601  region to address interoperability between PSAPs. The plan must
 1602  identify and address the projected costs of providing these
 1603  transfer capabilities and project the ability of each county to
 1604  meet operational costs based on disbursement of funds under s.
 1605  365.173(2)(a), (b), and (c).
 1606         Section 4. Subsection (10) of section 212.05965, Florida
 1607  Statutes, is amended to read:
 1608         212.05965 Taxation of marketplace sales.—
 1609         (10) Notwithstanding any other law, the marketplace
 1610  provider is also responsible for collecting and remitting any
 1611  prepaid wireless public safety emergency communications systems
 1612  E911 fee under s. 365.172, waste tire fee under s. 403.718, and
 1613  lead-acid battery fee under s. 403.7185 at the time of sale for
 1614  taxable retail sales made through its marketplace.
 1615         Section 5. Section 365.171, Florida Statutes, is amended to
 1616  read:
 1617         365.171 Emergency communications number E911 state plan.—
 1618         (1) SHORT TITLE.—This section may be cited as the “Florida
 1619  Emergency Communications Number E911 State Plan Act.”
 1620         (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
 1621  that the communications number “911” be the designated emergency
 1622  communications number. A public safety agency may not advertise
 1623  or otherwise promote the use of any communications number for
 1624  emergency response services other than “911.” It is further the
 1625  intent of the Legislature to implement and continually update a
 1626  cohesive statewide emergency communications number “E911” plan
 1627  for enhanced 911 services which will provide citizens with rapid
 1628  direct access to public safety agencies by accessing “911” with
 1629  the objective of reducing the response time to situations
 1630  requiring law enforcement, fire, medical, rescue, and other
 1631  emergency services.
 1632         (3) DEFINITIONS.—As used in this section, the term:
 1633         (a) “Office” means the Division of Telecommunications
 1634  within the Department of Management Services, as designated by
 1635  the secretary of the department.
 1636         (b) “Local government” means any city, county, or political
 1637  subdivision of the state and its agencies.
 1638         (c) “Public agency” means the state and any city, county,
 1639  city and county, municipal corporation, chartered organization,
 1640  public district, or public authority located in whole or in part
 1641  within this state which provides, or has authority to provide,
 1642  firefighting, law enforcement, ambulance, medical, or other
 1643  emergency services.
 1644         (d) “Public safety agency” means a functional division of a
 1645  public agency which provides firefighting, law enforcement,
 1646  medical, or other emergency services.
 1647         (4) STATE PLAN.—The office shall develop, maintain, and
 1648  implement appropriate modifications for a statewide emergency
 1649  communications E911 system plan. The plan shall provide for:
 1650         (a) The public agency emergency communications requirements
 1651  for each entity of local government in the state.
 1652         (b) A system to meet specific local government
 1653  requirements. Such system shall include law enforcement,
 1654  firefighting, and emergency medical services and may include
 1655  other emergency services such as poison control, suicide
 1656  prevention, and emergency management services.
 1657         (c) Identification of the mutual aid agreements necessary
 1658  to obtain an effective emergency communications E911 system.
 1659         (d) A funding provision that identifies the cost necessary
 1660  to implement the emergency communications E911 system.
 1661  
 1662  The office shall be responsible for the implementation and
 1663  coordination of such plan. The office shall adopt any necessary
 1664  rules and schedules related to public agencies for implementing
 1665  and coordinating the plan, pursuant to chapter 120.
 1666         (5) SYSTEM DIRECTOR.—The secretary of the department or his
 1667  or her designee is designated as the director of the statewide
 1668  emergency communications number E911 system and, for the purpose
 1669  of carrying out the provisions of this section, is authorized to
 1670  coordinate the activities of the system with state, county,
 1671  local, and private agencies. The director in implementing the
 1672  system shall consult, cooperate, and coordinate with local law
 1673  enforcement agencies.
 1674         (6) REGIONAL SYSTEMS.—This section does not prohibit or
 1675  discourage the formation of multijurisdictional or regional
 1676  systems; and any system established pursuant to this section may
 1677  include the jurisdiction, or any portion thereof, of more than
 1678  one public agency. It is the intent of the Legislature that
 1679  emergency communications services E911 service be available
 1680  throughout the state. Expenditure by counties of the E911 fee
 1681  authorized and imposed under s. 365.172 should support this
 1682  intent to the greatest extent feasible within the context of
 1683  local service needs and fiscal capability. This section does not
 1684  prohibit two or more counties from establishing a combined
 1685  emergency E911 communications service by an interlocal agreement
 1686  and using the fees authorized and imposed by s. 365.172 for such
 1687  combined E911 service.
 1688         (7) TELECOMMUNICATIONS INDUSTRY COORDINATION.—The office
 1689  shall coordinate with the Florida Public Service Commission
 1690  which shall encourage the Florida telecommunications industry to
 1691  activate facility modification plans for timely emergency
 1692  communications services E911 implementation.
 1693         (8) COIN TELEPHONES.—The Florida Public Service Commission
 1694  shall establish rules to be followed by the telecommunications
 1695  companies in this state designed toward encouraging the
 1696  provision of coin-free dialing of “911” calls wherever
 1697  economically practicable and in the public interest.
 1698         (9) SYSTEM APPROVAL.—No emergency communications number
 1699  E911 system shall be established and no present system shall be
 1700  expanded without prior approval of the office.
 1701         (10) COMPLIANCE.—All public agencies shall assist the
 1702  office in their efforts to carry out the intent of this section,
 1703  and such agencies shall comply with the developed plan.
 1704         (11) FEDERAL ASSISTANCE.—The secretary of the department or
 1705  his or her designee may apply for and accept federal funding
 1706  assistance in the development and implementation of a statewide
 1707  emergency communications number E911 system.
 1708         (12) CONFIDENTIALITY OF RECORDS.—
 1709         (a) Any record, recording, or information, or portions
 1710  thereof, obtained by a public agency or a public safety agency
 1711  for the purpose of providing services in an emergency and which
 1712  reveals the name, address, telephone number, or personal
 1713  information about, or information which may identify any person
 1714  requesting emergency service or reporting an emergency by
 1715  accessing an emergency communications E911 system is
 1716  confidential and exempt from the provisions of s. 119.07(1) and
 1717  s. 24(a), Art. I of the State Constitution, except that such
 1718  record or information may be disclosed to a public safety
 1719  agency. The exemption applies only to the name, address,
 1720  telephone number or personal information about, or information
 1721  which may identify any person requesting emergency services or
 1722  reporting an emergency while such information is in the custody
 1723  of the public agency or public safety agency providing emergency
 1724  services. A telecommunications company or commercial mobile
 1725  radio service provider is shall not be liable for damages to any
 1726  person resulting from or in connection with such telephone
 1727  company’s or commercial mobile radio service provider’s
 1728  provision of any lawful assistance to any investigative or law
 1729  enforcement officer of the State of Florida or political
 1730  subdivisions thereof, of the United States, or of any other
 1731  state or political subdivision thereof, in connection with any
 1732  lawful investigation or other law enforcement activity by such
 1733  law enforcement officer unless the telecommunications company or
 1734  commercial mobile radio service provider acted in a wanton and
 1735  willful manner.
 1736         (b) Notwithstanding paragraph (a), a 911 public safety
 1737  telecommunicator, as defined in s. 401.465, may contact any
 1738  private person or entity that owns an automated external
 1739  defibrillator who has notified the local emergency medical
 1740  services medical director or public safety answering point of
 1741  such ownership if a confirmed coronary emergency call is taking
 1742  place and the location of the coronary emergency is within a
 1743  reasonable distance from the location of the defibrillator, and
 1744  may provide the location of the coronary emergency to that
 1745  person or entity.
 1746         Section 6. Paragraph (b) of subsection (2) of section
 1747  365.174, Florida Statutes, is amended to read:
 1748         365.174 Proprietary confidential business information.—
 1749         (2)
 1750         (b) The Department of Revenue may provide information
 1751  relative to s. 365.172(9) to the Secretary of Management
 1752  Services, or his or her authorized agent, or to the Emergency
 1753  Communications E911 Board established in s. 365.172(5) for use
 1754  in the conduct of the official business of the Department of
 1755  Management Services or the Emergency Communications E911 Board.
 1756         Section 7. This act shall take effect July 1, 2023.