Florida Senate - 2019 SB 536 By Senator Brandes 24-00998-19 2019536__ 1 A bill to be entitled 2 An act relating to 911 services; amending s. 365.172, 3 F.S.; revising the applicability of definitions; 4 requiring counties to develop a plan for implementing 5 a text-to-911 system and to implement a system to 6 receive E911 text messages by a specified date; 7 creating s. 365.177, F.S.; requiring that the 8 Technology Program within the Department of Management 9 Services develop and implement a plan to require that 10 emergency dispatchers be able to transfer an emergency 11 call from one E911 system to another E911 system in 12 this state; providing a declaration of important state 13 interest; providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Present subsection (15) of section 365.172, 18 Florida Statutes, is redesignated as subsection (16), a new 19 subsection (15) is added to that section, and subsection (3) of 20 that section is amended, to read: 21 365.172 Emergency communications number “E911.”— 22 (3) DEFINITIONS.—Only as used in this section and ss. 23 365.171, 365.173,
and365.174, and 365.177, the term: 24 (a) “Authorized expenditures” means expenditures of the 25 fee, as specified in subsection (10). 26 (b) “Automatic location identification” means the 27 capability of the E911 service which enables the automatic 28 display of information that defines the approximate geographic 29 location of the wireless telephone, or the location of the 30 address of the wireline telephone, used to place a 911 call. 31 (c) “Automatic number identification” means the capability 32 of the E911 service which enables the automatic display of the 33 service number used to place a 911 call. 34 (d) “Board” or “E911 Board” means the board of directors of 35 the E911 Board established in subsection (5). 36 (e) “Building permit review” means a review for compliance 37 with building construction standards adopted by the local 38 government under chapter 553 and does not include a review for 39 compliance with land development regulations. 40 (f) “Collocation” means the situation when a second or 41 subsequent wireless provider uses an existing structure to 42 locate a second or subsequent antennae. The term includes the 43 ground, platform, or roof installation of equipment enclosures, 44 cabinets, or buildings, and cables, brackets, and other 45 equipment associated with the location and operation of the 46 antennae. 47 (g) “Designed service” means the configuration and manner 48 of deployment of service the wireless provider has designed for 49 an area as part of its network. 50 (h) “Enhanced 911” or “E911” means an enhanced 911 system 51 or enhanced 911 service that is an emergency telephone system or 52 service that provides a subscriber with 911 service and, in 53 addition, directs 911 calls to appropriate public safety 54 answering points by selective routing based on the geographical 55 location from which the call originated, or as otherwise 56 provided in the state plan under s. 365.171, and that provides 57 for automatic number identification and automatic location 58 identification features. E911 service provided by a wireless 59 provider means E911 as defined in the order. 60 (i) “Existing structure” means a structure that exists at 61 the time an application for permission to place antennae on a 62 structure is filed with a local government. The term includes 63 any structure that can structurally support the attachment of 64 antennae in compliance with applicable codes. 65 (j) “Fee” means the E911 fee authorized and imposed under 66 subsections (8) and (9). 67 (k) “Fund” means the Emergency Communications Number E911 68 System Fund established in s. 365.173 and maintained under this 69 section for the purpose of recovering the costs associated with 70 providing 911 service or E911 service, including the costs of 71 implementing the order. The fund shall be segregated into 72 wireless, prepaid wireless, and nonwireless categories. 73 (l) “Historic building, structure, site, object, or 74 district” means any building, structure, site, object, or 75 district that has been officially designated as a historic 76 building, historic structure, historic site, historic object, or 77 historic district through a federal, state, or local designation 78 program. 79 (m) “Land development regulations” means any ordinance 80 enacted by a local government for the regulation of any aspect 81 of development, including an ordinance governing zoning, 82 subdivisions, landscaping, tree protection, or signs, the local 83 government’s comprehensive plan, or any other ordinance 84 concerning any aspect of the development of land. The term does 85 not include any building construction standard adopted under and 86 in compliance with chapter 553. 87 (n) “Local exchange carrier” means a “competitive local 88 exchange telecommunications company” or a “local exchange 89 telecommunications company” as defined in s. 364.02. 90 (o) “Local government” means any municipality, county, or 91 political subdivision or agency of a municipality, county, or 92 political subdivision. 93 (p) “Medium county” means any county that has a population 94 of 75,000 or more but less than 750,000. 95 (q) “Mobile telephone number” or “MTN” means the telephone 96 number assigned to a wireless telephone at the time of initial 97 activation. 98 (r) “Nonwireless category” means the revenues to the fund 99 received from voice communications services providers other than 100 wireless providers. 101 (s) “Office” means the Technology Program within the 102 Department of Management Services, as designated by the 103 secretary of the department. 104 (t) “Order” means: 105 1. The following orders and rules of the Federal 106 Communications Commission issued in FCC Docket No. 94-102: 107 a. Order adopted on June 12, 1996, with an effective date 108 of October 1, 1996, the amendments to s. 20.03 and the creation 109 of s. 20.18 of Title 47 of the Code of Federal Regulations 110 adopted by the Federal Communications Commission pursuant to 111 such order. 112 b. Memorandum and Order No. FCC 97-402 adopted on December 113 23, 1997. 114 c. Order No. FCC DA 98-2323 adopted on November 13, 1998. 115 d. Order No. FCC 98-345 adopted December 31, 1998. 116 2. Orders and rules subsequently adopted by the Federal 117 Communications Commission relating to the provision of 911 118 services, including Order Number FCC-05-116, adopted May 19, 119 2005. 120 (u) “Prepaid wireless category” means all revenues in the 121 fund received through the Department of Revenue from the fee 122 authorized and imposed under subsection (9). 123 (v) “Prepaid wireless service” means a right to access 124 wireless service that allows a caller to contact and interact 125 with 911 to access the 911 system, which service must be paid 126 for in advance and is sold in predetermined units or dollars, 127 which units or dollars expire on a predetermined schedule or are 128 decremented on a predetermined basis in exchange for the right 129 to access wireless service. 130 (w) “Public agency” means the state and any municipality, 131 county, municipal corporation, or other governmental entity, 132 public district, or public authority located in whole or in part 133 within this state which provides, or has authority to provide, 134 firefighting, law enforcement, ambulance, medical, or other 135 emergency services. 136 (x) “Public safety agency” means a functional division of a 137 public agency which provides firefighting, law enforcement, 138 medical, or other emergency services. 139 (y) “Public safety answering point,” “PSAP,” or “answering 140 point” means the public safety agency that receives incoming 911 141 requests for assistance and dispatches appropriate public safety 142 agencies to respond to the requests in accordance with the state 143 E911 plan. 144 (z) “Rural county” means any county that has a population 145 of fewer than 75,000. 146 (aa) “Service identifier” means the service number, access 147 line, or other unique identifier assigned to a subscriber and 148 established by the Federal Communications Commission for 149 purposes of routing calls whereby the subscriber has access to 150 the E911 system. 151 (bb) “Tower” means any structure designed primarily to 152 support a wireless provider’s antennae. 153 (cc) “Voice communications services” means two-way voice 154 service, through the use of any technology, which actually 155 provides access to E911 services, and includes communications 156 services, as defined in s. 202.11, which actually provide access 157 to E911 services and which are required to be included in the 158 provision of E911 services pursuant to orders and rules adopted 159 by the Federal Communications Commission. The term includes 160 voice-over-Internet-protocol service. For the purposes of this 161 section, the term “voice-over-Internet-protocol service” or 162 “VoIP service” means interconnected VoIP services having the 163 following characteristics: 164 1. The service enables real-time, two-way voice 165 communications; 166 2. The service requires a broadband connection from the 167 user’s locations; 168 3. The service requires IP-compatible customer premises 169 equipment; and 170 4. The service offering allows users generally to receive 171 calls that originate on the public switched telephone network 172 and to terminate calls on the public switched telephone network. 173 (dd) “Voice communications services provider” or “provider” 174 means any person or entity providing voice communications 175 services, except that the term does not include any person or 176 entity that resells voice communications services and was 177 assessed the fee authorized and imposed under subsection (8) by 178 its resale supplier. 179 (ee) “Wireless 911 system” or “wireless 911 service” means 180 an emergency telephone system or service that provides a 181 subscriber with the ability to reach an answering point by 182 accessing the digits 911. 183 (ff) “Wireless category” means the revenues to the fund 184 received from a wireless provider from the fee authorized and 185 imposed under subsection (8). 186 (gg) “Wireless communications facility” means any equipment 187 or facility used to provide service and may include, but is not 188 limited to, antennae, towers, equipment enclosures, cabling, 189 antenna brackets, and other such equipment. Placing a wireless 190 communications facility on an existing structure does not cause 191 the existing structure to become a wireless communications 192 facility. 193 (hh) “Wireless provider” means a person who provides 194 wireless service and: 195 1. Is subject to the requirements of the order; or 196 2. Elects to provide wireless 911 service or E911 service 197 in this state. 198 (ii) “Wireless service” means “commercial mobile radio 199 service” as provided under ss. 3(27) and 332(d) of the Federal 200 Telecommunications Act of 1996, 47 U.S.C. ss. 151 et seq., and 201 the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103 202 66, August 10, 1993, 107 Stat. 312. The term includes service 203 provided by any wireless real-time two-way wire communication 204 device, including radio-telephone communications used in 205 cellular telephone service; personal communications service; or 206 the functional or competitive equivalent of a radio-telephone 207 communications line used in cellular telephone service, a 208 personal communications service, or a network radio access line. 209 The term does not include wireless providers that offer mainly 210 dispatch service in a more localized, noncellular configuration; 211 providers offering only data, one-way, or stored-voice services 212 on an interconnected basis; providers of air-to-ground services; 213 or public coast stations. 214 (15) TEXT-TO-911 SERVICE.—Each county shall develop a 215 countywide implementation plan for text-to-911 services and, by 216 January 1, 2022, have in place a system to receive E911 text 217 messages from providers. 218 Section 2. Section 365.177, Florida Statutes, is created to 219 read: 220 365.177 Transfer of E911 calls between systems.— 221 (1) The office shall develop and implement a plan by 222 January 1, 2020, to require that a 911 public safety 223 telecommunicator, when deemed prudent and requested by a caller 224 or when deemed necessary, be able to transfer an emergency call 225 from one local, multijurisdictional, or regional E911 system to 226 another local, multijurisdictional, or regional E911 system in 227 this state. 228 (2) In developing and implementing this plan, the office 229 shall: 230 (a) Coordinate with public agencies to identify and resolve 231 any technological or logistical issues in implementing this 232 section. 233 (b) Identify or establish a system or clearinghouse for 234 maintaining contact information for all E911 systems in this 235 state. 236 (c) Establish a date, considering any technological, 237 logistical, financial, or other identified issues, by which all 238 E911 systems in this state must be able to transfer emergency 239 calls pursuant to subsection (1). 240 Section 3. The Legislature finds that there is an important 241 state interest in ensuring that 911 telecommunications are 242 routed to the most appropriate 911 system in the most 243 expeditious manner possible in order to protect public safety. 244 Thus, a proper and legitimate state purpose is served when local 245 government 911 public safety telecommunicators are able to 246 transfer and receive transfers of emergency calls from other 247 local, multijurisdictional, or regional E911 systems in this 248 state. Therefore, the Legislature finds and declares that this 249 act fulfills an important state interest. 250 Section 4. This act shall take effect July 1, 2019.