Florida Senate - 2012                      CS for CS for SB 1042
       
       
       
       By the Committees on Communications, Energy, and Public
       Utilities; and Community Affairs; and Senator Bennett
       
       
       
       579-02579-12                                          20121042c2
    1                        A bill to be entitled                      
    2         An act relating to emergency 911 service; amending s.
    3         365.171, F.S.; providing an exception to certain
    4         confidentiality provisions for a 911 public safety
    5         telecommunicator when a confirmed coronary emergency
    6         call is taking place; amending s. 365.172, F.S.;
    7         increasing the membership of the E911 Board and
    8         revising the qualifications required for the members;
    9         requiring that a voice communications service
   10         provider, other than a wireless service provider,
   11         impose a fee based on the number of access lines to
   12         the E911 system and on the basis of certain access
   13         lines for each digital transmission link, up to a
   14         specified number of access lines per account bill
   15         rendered; revising the criteria that a local
   16         government may use in order to indemnify a local
   17         carrier; expanding the types of providers that may be
   18         indemnified and that are not liable for certain
   19         damages; revising cross-references; defining the term
   20         “911 or E911 service”; amending s. 401.2915, F.S.;
   21         providing for a person or entity in possession of an
   22         automated external defibrillator to notify the local
   23         public safety answering point regarding the location
   24         of the defibrillator; amending s. 427.706, F.S.;
   25         removing the requirement that the Florida Telephone
   26         Association recommend certain representatives to an
   27         advisory committee to the Public Service Commission;
   28         providing an effective date.
   29  
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Subsection (12) of section 365.171, Florida
   33  Statutes, is amended to read:
   34         365.171 Emergency communications number E911 state plan.—
   35         (12) CONFIDENTIALITY OF RECORDS.—
   36         (a) Any record, recording, or information, or portions
   37  thereof, obtained by a public agency or a public safety agency
   38  for the purpose of providing services in an emergency and which
   39  reveals the name, address, telephone number, or personal
   40  information about, or information which may identify any person
   41  requesting emergency service or reporting an emergency by
   42  accessing an emergency communications E911 system is
   43  confidential and exempt from the provisions of s. 119.07(1) and
   44  s. 24(a), Art. I of the State Constitution, except that such
   45  record or information may be disclosed to a public safety
   46  agency. The exemption applies only to the name, address,
   47  telephone number or personal information about, or information
   48  which may identify any person requesting emergency services or
   49  reporting an emergency while such information is in the custody
   50  of the public agency or public safety agency providing emergency
   51  services. A telecommunications company or commercial mobile
   52  radio service provider shall not be liable for damages to any
   53  person resulting from or in connection with such telephone
   54  company’s or commercial mobile radio service provider’s
   55  provision of any lawful assistance to any investigative or law
   56  enforcement officer of the State of Florida or political
   57  subdivisions thereof, of the United States, or of any other
   58  state or political subdivision thereof, in connection with any
   59  lawful investigation or other law enforcement activity by such
   60  law enforcement officer unless the telecommunications company or
   61  commercial mobile radio service provider acted in a wanton and
   62  willful manner.
   63         (b) Notwithstanding paragraph (a), a 911 public safety
   64  telecommunicator, as defined in s. 401.465, may contact any
   65  private person or entity that owns an automated external
   66  defibrillator who has notified the local emergency medical
   67  services medical director or public safety answering point of
   68  such ownership if a confirmed coronary emergency call is taking
   69  place and the location of the coronary emergency is within a
   70  reasonable distance from the location of the defibrillator, and
   71  may provide the location of the coronary emergency to that
   72  person or entity.
   73         Section 2. Paragraphs (a) and (b) of subsection (5),
   74  paragraphs (a) and (e) of subsection (8), and subsection (11) of
   75  section 365.172, Florida Statutes, are amended to read:
   76         365.172 Emergency communications number “E911.”—
   77         (5) THE E911 BOARD.—
   78         (a) The E911 Board is established to administer, with
   79  oversight by the office, the fee imposed under subsection (8),
   80  including receiving revenues derived from the fee; distributing
   81  portions of the revenues to wireless providers, counties, and
   82  the office; accounting for receipts, distributions, and income
   83  derived by the funds maintained in the fund; and providing
   84  annual reports to the Governor and the Legislature for
   85  submission by the office on amounts collected and expended, the
   86  purposes for which expenditures have been made, and the status
   87  of E911 service in this state. In order to advise and assist the
   88  office in implementing carrying out the purposes of this
   89  section, the board, which has shall have the power of a body
   90  corporate, has the powers enumerated in subsection (6).
   91         (b) The board shall consist of eleven nine members, one of
   92  whom must be the system director designated under s. 365.171(5),
   93  or his or her designee, who shall serve as the chair of the
   94  board. The remaining ten eight members of the board shall be
   95  appointed by the Governor and must be composed of five four
   96  county 911 coordinators, consisting of a representative from a
   97  rural county, a representative from a medium county, a
   98  representative from a large county, and two an at-large
   99  representatives representative recommended by the Florida
  100  Association of Counties in consultation with the county 911
  101  coordinators; three two local exchange carrier member
  102  representatives members, one of whom which must be a
  103  representative of the local exchange carrier having the greatest
  104  number of access lines in the state and one of whom must be a
  105  representative of a certificated competitive local exchange
  106  telecommunications company; and two member representatives
  107  members from the wireless telecommunications industry, with
  108  recommended by the Florida Telecommunications Industry
  109  Association in consultation with the wireless telecommunications
  110  industry. In recommending members from the wireless
  111  telecommunications industry, consideration must be given to
  112  wireless providers that who are not affiliated with local
  113  exchange carriers. Not more than one member may be appointed to
  114  represent any single provider on the board.
  115         (8) E911 FEE.—
  116         (a) Each voice communications services provider shall
  117  collect the fee described in this subsection. Each provider, as
  118  part of its monthly billing process, shall bill the fee as
  119  follows. The fee shall not be assessed on any pay telephone in
  120  the state.
  121         1. Each voice communications service provider other than a
  122  wireless provider local exchange carrier shall bill the fee to a
  123  subscriber based on the number of access lines having access to
  124  the E911 system, the local exchange subscribers on a service
  125  identifier basis, up to a maximum of 25 access lines per account
  126  bill rendered.
  127         2. Each voice communications service provider other than a
  128  wireless provider shall bill the fee to a subscriber on a basis
  129  of five service-identified access lines for each digital
  130  transmission link, including primary rate interface service or
  131  equivalent Digital-Signal-1-level service, which can be
  132  channelized and split into 23 or 24 voice- or data-grade
  133  channels for communications, up to a maximum of 25 access lines
  134  per account bill rendered.
  135         3.2. Except in the case of prepaid wireless service, each
  136  wireless provider shall bill the fee to a subscriber on a per
  137  service-identifier basis for service identifiers whose primary
  138  place of use is within this state. Before July 1, 2013, the fee
  139  shall not be assessed on or collected from a provider with
  140  respect to an end user’s service if that end user’s service is a
  141  prepaid calling arrangement that is subject to s. 212.05(1)(e).
  142         a. An No E911 fee shall not be collected from the sale of
  143  prepaid wireless service before prior to July 1, 2013.
  144         b. For purposes of this section, the term:
  145         (I) “Prepaid wireless service” means the right to access
  146  telecommunications services, which that must be paid for in
  147  advance and is sold in predetermined units or dollars enabling
  148  the originator to make calls such that the number of units or
  149  dollars declines with use in a known amount.
  150         (II) “Prepaid wireless service providers” includes those
  151  persons who sell prepaid wireless service regardless of its
  152  form, either as a retailer or reseller.
  153         4.3.The All voice communications services providers not
  154  addressed under subparagraphs 1., 2., and 3. 2. shall bill the
  155  fee on a per-service-identifier basis for service identifiers
  156  whose primary place of use is within the state up to a maximum
  157  of 25 service identifiers for each account bill rendered.
  158  
  159  The provider may list the fee as a separate entry on each bill,
  160  in which case the fee must be identified as a fee for E911
  161  services. A provider shall remit the fee to the board only if
  162  the fee is paid by the subscriber. If a provider receives a
  163  partial payment for a monthly bill from a subscriber, the amount
  164  received shall first be applied to the payment due the provider
  165  for providing voice communications service.
  166         (e) Effective September 1, 2007, voice communications
  167  services providers billing the fee to subscribers shall deliver
  168  revenues from the fee to the board within 60 days after the end
  169  of the month in which the fee was billed, together with a
  170  monthly report of the number of service identifiers in each
  171  county. Each wireless provider and other applicable provider
  172  identified in subparagraph (a)4. (a)3. shall report the number
  173  of service identifiers for subscribers whose place of primary
  174  use is in each county. All provider subscriber information
  175  provided to the board is subject to s. 365.174. If a provider
  176  chooses to remit any fee amounts to the board before they are
  177  paid by the subscribers, a provider may apply to the board for a
  178  refund of, or may take a credit for, any such fees remitted to
  179  the board which are not collected by the provider within 6
  180  months following the month in which the fees are charged off for
  181  federal income tax purposes as bad debt.
  182         (11) INDEMNIFICATION AND LIMITATION OF LIABILITY.—A local
  183  government may governments are authorized to undertake to
  184  indemnify local exchange carriers against liability in
  185  accordance with the published schedules lawfully filed tariffs
  186  of the company. Notwithstanding an indemnification agreement, a
  187  local exchange carrier, voice communications services provider,
  188  or other service provider that provides 911 or E911 service on a
  189  retail or wholesale basis is not liable for damages resulting
  190  from or in connection with 911 or E911 service, or for
  191  identification of the telephone number, or address, or name
  192  associated with any person accessing 911 or E911 service, unless
  193  the carrier or the voice communications services provider acted
  194  with malicious purpose or in a manner exhibiting wanton and
  195  willful disregard of the rights, safety, or property of a person
  196  when providing such services. A carrier or voice communications
  197  services provider is not liable for damages to any person
  198  resulting from or in connection with the carrier’s or provider’s
  199  provision of any lawful assistance to any investigative or law
  200  enforcement officer of the United States, this state, or a
  201  political subdivision thereof, or of any other state or
  202  political subdivision thereof, in connection with any lawful
  203  investigation or other law enforcement activity by such law
  204  enforcement officer. For purposes of this subsection, the term
  205  “911 or E911 service” means a telecommunications service, voice
  206  or nonvoice communications service, or other wireline or
  207  wireless service, including, but not limited to, a service using
  208  Internet protocol, which provides, in whole or in part, any of
  209  the following functions: providing members of the public with
  210  the ability to reach an answering point by using the digits 9-1
  211  1; directing 911 calls to answering points by selective routing;
  212  providing for automatic number identification and automatic
  213  location-identification features; or providing wireless E911
  214  services as defined in the order.
  215         Section 3. Paragraph (b) of subsection (2) of section
  216  401.2915, Florida Statutes, is amended to read:
  217         401.2915 Automated external defibrillators.—It is the
  218  intent of the Legislature that an automated external
  219  defibrillator may be used by any person for the purpose of
  220  saving the life of another person in cardiac arrest. In order to
  221  achieve that goal, the Legislature intends to encourage training
  222  in lifesaving first aid and set standards for and encourage the
  223  use of automated external defibrillators.
  224         (2) In order to promote public health and safety:
  225         (b) Any person or entity in possession of an automated
  226  external defibrillator is encouraged to notify the local
  227  emergency medical services medical director or the local public
  228  safety answering point, as defined in s. 365.172(3), of the
  229  location of the automated external defibrillator.
  230         Section 4. Paragraph (e) of subsection (1) and subsection
  231  (3) of section 427.706, Florida Statutes, are amended to read:
  232         427.706 Advisory committee.—
  233         (1) The commission shall appoint an advisory committee to
  234  assist the commission with the implementation of the provisions
  235  of this part. The committee shall be composed of no more than 10
  236  persons and shall include, to the extent practicable, the
  237  following:
  238         (e) Two representatives of telecommunications companies,
  239  one representing a local exchange telecommunications company and
  240  one representing an interexchange telecommunications company,
  241  recommended by the Florida Telephone Association.
  242         (3) Members of the committee shall not be compensated for
  243  their services but are shall be entitled to receive
  244  reimbursement for per diem and travel expenses as provided in s.
  245  112.061. The commission shall use funds from the Florida Public
  246  Service Regulatory Trust Fund to cover the costs incurred by
  247  members of the advisory committee.
  248         Section 5. This act shall take effect July 1, 2012.