Florida Senate - 2018 SB 190 By Senator Steube 23-00056-18 2018190__ 1 A bill to be entitled 2 An act relating to E911 systems; creating s. 365.176, 3 F.S.; requiring that the Technology Program within the 4 Department of Management Services develop and 5 implement a plan to require that emergency dispatchers 6 be able to transfer an emergency call from one E911 7 system to another E911 system in the state; amending 8 s. 365.172, F.S.; revising the applicability of 9 definitions; providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Section 365.176, Florida Statutes, is created to 14 read: 15 365.176 Transfer of E911 calls between systems.— 16 (1) The office shall develop and implement a plan by 17 January 1, 2019, to require that a 911 public safety 18 telecommunicator, when prudent and requested by a caller or when 19 necessary, be able to transfer an emergency call from one local, 20 multijurisdictional, or regional E911 system to another local, 21 multijurisdictional, or regional E911 system in the state. 22 (2) In developing and implementing this plan, the office 23 shall: 24 (a) Coordinate with public agencies to identify and resolve 25 any technological or logistical issues in implementing this 26 section. 27 (b) Identify or establish a system or clearinghouse for 28 maintaining contact information for all E911 systems in the 29 state. 30 (c) Establish a date, considering any technological, 31 logistical, financial, or other identified issues, by when all 32 E911 systems in the state must be able to transfer emergency 33 calls pursuant to subsection (1). 34 Section 2. Subsection (3) of section 365.172, Florida 35 Statutes, is amended to read: 36 365.172 Emergency communications number “E911.”— 37 (3) DEFINITIONS.—Only as used in this section and ss. 38 365.171, 365.173,and365.174, and 365.176, the term: 39 (a) “Authorized expenditures” means expenditures of the 40 fee, as specified in subsection (10). 41 (b) “Automatic location identification” means the 42 capability of the E911 service which enables the automatic 43 display of information that defines the approximate geographic 44 location of the wireless telephone, or the location of the 45 address of the wireline telephone, used to place a 911 call. 46 (c) “Automatic number identification” means the capability 47 of the E911 service which enables the automatic display of the 48 service number used to place a 911 call. 49 (d) “Board” or “E911 Board” means the board of directors of 50 the E911 Board established in subsection (5). 51 (e) “Building permit review” means a review for compliance 52 with building construction standards adopted by the local 53 government under chapter 553 and does not include a review for 54 compliance with land development regulations. 55 (f) “Collocation” means the situation when a second or 56 subsequent wireless provider uses an existing structure to 57 locate a second or subsequent antennae. The term includes the 58 ground, platform, or roof installation of equipment enclosures, 59 cabinets, or buildings, and cables, brackets, and other 60 equipment associated with the location and operation of the 61 antennae. 62 (g) “Designed service” means the configuration and manner 63 of deployment of service the wireless provider has designed for 64 an area as part of its network. 65 (h) “Enhanced 911” or “E911” means an enhanced 911 system 66 or enhanced 911 service that is an emergency telephone system or 67 service that provides a subscriber with 911 service and, in 68 addition, directs 911 calls to appropriate public safety 69 answering points by selective routing based on the geographical 70 location from which the call originated, or as otherwise 71 provided in the state plan under s. 365.171, and that provides 72 for automatic number identification and automatic location 73 identification features. E911 service provided by a wireless 74 provider means E911 as defined in the order. 75 (i) “Existing structure” means a structure that exists at 76 the time an application for permission to place antennae on a 77 structure is filed with a local government. The term includes 78 any structure that can structurally support the attachment of 79 antennae in compliance with applicable codes. 80 (j) “Fee” means the E911 fee authorized and imposed under 81 subsections (8) and (9). 82 (k) “Fund” means the Emergency Communications Number E911 83 System Fund established in s. 365.173 and maintained under this 84 section for the purpose of recovering the costs associated with 85 providing 911 service or E911 service, including the costs of 86 implementing the order. The fund shall be segregated into 87 wireless, prepaid wireless, and nonwireless categories. 88 (l) “Historic building, structure, site, object, or 89 district” means any building, structure, site, object, or 90 district that has been officially designated as a historic 91 building, historic structure, historic site, historic object, or 92 historic district through a federal, state, or local designation 93 program. 94 (m) “Land development regulations” means any ordinance 95 enacted by a local government for the regulation of any aspect 96 of development, including an ordinance governing zoning, 97 subdivisions, landscaping, tree protection, or signs, the local 98 government’s comprehensive plan, or any other ordinance 99 concerning any aspect of the development of land. The term does 100 not include any building construction standard adopted under and 101 in compliance with chapter 553. 102 (n) “Local exchange carrier” means a “competitive local 103 exchange telecommunications company” or a “local exchange 104 telecommunications company” as defined in s. 364.02. 105 (o) “Local government” means any municipality, county, or 106 political subdivision or agency of a municipality, county, or 107 political subdivision. 108 (p) “Medium county” means any county that has a population 109 of 75,000 or more but less than 750,000. 110 (q) “Mobile telephone number” or “MTN” means the telephone 111 number assigned to a wireless telephone at the time of initial 112 activation. 113 (r) “Nonwireless category” means the revenues to the fund 114 received from voice communications services providers other than 115 wireless providers. 116 (s) “Office” means the Technology Program within the 117 Department of Management Services, as designated by the 118 secretary of the department. 119 (t) “Order” means: 120 1. The following orders and rules of the Federal 121 Communications Commission issued in FCC Docket No. 94-102: 122 a. Order adopted on June 12, 1996, with an effective date 123 of October 1, 1996, the amendments to s. 20.03 and the creation 124 of s. 20.18 of Title 47 of the Code of Federal Regulations 125 adopted by the Federal Communications Commission pursuant to 126 such order. 127 b. Memorandum and Order No. FCC 97-402 adopted on December 128 23, 1997. 129 c. Order No. FCC DA 98-2323 adopted on November 13, 1998. 130 d. Order No. FCC 98-345 adopted December 31, 1998. 131 2. Orders and rules subsequently adopted by the Federal 132 Communications Commission relating to the provision of 911 133 services, including Order Number FCC-05-116, adopted May 19, 134 2005. 135 (u) “Prepaid wireless category” means all revenues in the 136 fund received through the Department of Revenue from the fee 137 authorized and imposed under subsection (9). 138 (v) “Prepaid wireless service” means a right to access 139 wireless service that allows a caller to contact and interact 140 with 911 to access the 911 system, which service must be paid 141 for in advance and is sold in predetermined units or dollars, 142 which units or dollars expire on a predetermined schedule or are 143 decremented on a predetermined basis in exchange for the right 144 to access wireless service. 145 (w) “Public agency” means the state and any municipality, 146 county, municipal corporation, or other governmental entity, 147 public district, or public authority located in whole or in part 148 within this state which provides, or has authority to provide, 149 firefighting, law enforcement, ambulance, medical, or other 150 emergency services. 151 (x) “Public safety agency” means a functional division of a 152 public agency which provides firefighting, law enforcement, 153 medical, or other emergency services. 154 (y) “Public safety answering point,” “PSAP,” or “answering 155 point” means the public safety agency that receives incoming 911 156 requests for assistance and dispatches appropriate public safety 157 agencies to respond to the requests in accordance with the state 158 E911 plan. 159 (z) “Rural county” means any county that has a population 160 of fewer than 75,000. 161 (aa) “Service identifier” means the service number, access 162 line, or other unique identifier assigned to a subscriber and 163 established by the Federal Communications Commission for 164 purposes of routing calls whereby the subscriber has access to 165 the E911 system. 166 (bb) “Tower” means any structure designed primarily to 167 support a wireless provider’s antennae. 168 (cc) “Voice communications services” means two-way voice 169 service, through the use of any technology, which actually 170 provides access to E911 services, and includes communications 171 services, as defined in s. 202.11, which actually provide access 172 to E911 services and which are required to be included in the 173 provision of E911 services pursuant to orders and rules adopted 174 by the Federal Communications Commission. The term includes 175 voice-over-Internet-protocol service. For the purposes of this 176 section, the term “voice-over-Internet-protocol service” or 177 “VoIP service” means interconnected VoIP services having the 178 following characteristics: 179 1. The service enables real-time, two-way voice 180 communications; 181 2. The service requires a broadband connection from the 182 user’s locations; 183 3. The service requires IP-compatible customer premises 184 equipment; and 185 4. The service offering allows users generally to receive 186 calls that originate on the public switched telephone network 187 and to terminate calls on the public switched telephone network. 188 (dd) “Voice communications services provider” or “provider” 189 means any person or entity providing voice communications 190 services, except that the term does not include any person or 191 entity that resells voice communications services and was 192 assessed the fee authorized and imposed under subsection (8) by 193 its resale supplier. 194 (ee) “Wireless 911 system” or “wireless 911 service” means 195 an emergency telephone system or service that provides a 196 subscriber with the ability to reach an answering point by 197 accessing the digits 911. 198 (ff) “Wireless category” means the revenues to the fund 199 received from a wireless provider from the fee authorized and 200 imposed under subsection (8). 201 (gg) “Wireless communications facility” means any equipment 202 or facility used to provide service and may include, but is not 203 limited to, antennae, towers, equipment enclosures, cabling, 204 antenna brackets, and other such equipment. Placing a wireless 205 communications facility on an existing structure does not cause 206 the existing structure to become a wireless communications 207 facility. 208 (hh) “Wireless provider” means a person who provides 209 wireless service and: 210 1. Is subject to the requirements of the order; or 211 2. Elects to provide wireless 911 service or E911 service 212 in this state. 213 (ii) “Wireless service” means “commercial mobile radio 214 service” as provided under ss. 3(27) and 332(d) of the Federal 215 Telecommunications Act of 1996, 47 U.S.C. ss. 151 et seq., and 216 the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103 217 66, August 10, 1993, 107 Stat. 312. The term includes service 218 provided by any wireless real-time two-way wire communication 219 device, including radio-telephone communications used in 220 cellular telephone service; personal communications service; or 221 the functional or competitive equivalent of a radio-telephone 222 communications line used in cellular telephone service, a 223 personal communications service, or a network radio access line. 224 The term does not include wireless providers that offer mainly 225 dispatch service in a more localized, noncellular configuration; 226 providers offering only data, one-way, or stored-voice services 227 on an interconnected basis; providers of air-to-ground services; 228 or public coast stations. 229 Section 3. This act shall take effect July 1, 2018.