Florida Senate - 2019 CS for SB 536 By the Committee on Innovation, Industry, and Technology; and Senators Brandes and Perry 580-02955-19 2019536c1 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; creating s. 365.179, F.S.; defining the 14 terms “first responders” and “911 public safety 15 answering point” or “PSAP”; requiring a PSAP to be 16 able to directly communicate by radio with first 17 responders; requiring each sheriff, in collaboration 18 with first responders in his or her county, to enter 19 into specified written agreements; requiring each PSAP 20 to install local first responder radio dispatch 21 channels in its emergency communications center; 22 requiring a law enforcement agency head to authorize 23 the installation of his or her agency’s primary 24 dispatch channel or channels on certain other law 25 enforcement agency’s mobile or portable radios, upon 26 request; requiring each county sheriff to certify 27 compliance in writing with the Department of Law 28 Enforcement by a specified date; providing an 29 effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. Present subsection (15) of section 365.172, 34 Florida Statutes, is redesignated as subsection (16), a new 35 subsection (15) is added to that section, and subsection (3) of 36 that section is amended, to read: 37 365.172 Emergency communications number “E911.”— 38 (3) DEFINITIONS.—Only as used in this section and ss. 39 365.171, 365.173,
and365.174, and 365.177, the term: 40 (a) “Authorized expenditures” means expenditures of the 41 fee, as specified in subsection (10). 42 (b) “Automatic location identification” means the 43 capability of the E911 service which enables the automatic 44 display of information that defines the approximate geographic 45 location of the wireless telephone, or the location of the 46 address of the wireline telephone, used to place a 911 call. 47 (c) “Automatic number identification” means the capability 48 of the E911 service which enables the automatic display of the 49 service number used to place a 911 call. 50 (d) “Board” or “E911 Board” means the board of directors of 51 the E911 Board established in subsection (5). 52 (e) “Building permit review” means a review for compliance 53 with building construction standards adopted by the local 54 government under chapter 553 and does not include a review for 55 compliance with land development regulations. 56 (f) “Collocation” means the situation when a second or 57 subsequent wireless provider uses an existing structure to 58 locate a second or subsequent antennae. The term includes the 59 ground, platform, or roof installation of equipment enclosures, 60 cabinets, or buildings, and cables, brackets, and other 61 equipment associated with the location and operation of the 62 antennae. 63 (g) “Designed service” means the configuration and manner 64 of deployment of service the wireless provider has designed for 65 an area as part of its network. 66 (h) “Enhanced 911” or “E911” means an enhanced 911 system 67 or enhanced 911 service that is an emergency telephone system or 68 service that provides a subscriber with 911 service and, in 69 addition, directs 911 calls to appropriate public safety 70 answering points by selective routing based on the geographical 71 location from which the call originated, or as otherwise 72 provided in the state plan under s. 365.171, and that provides 73 for automatic number identification and automatic location 74 identification features. E911 service provided by a wireless 75 provider means E911 as defined in the order. 76 (i) “Existing structure” means a structure that exists at 77 the time an application for permission to place antennae on a 78 structure is filed with a local government. The term includes 79 any structure that can structurally support the attachment of 80 antennae in compliance with applicable codes. 81 (j) “Fee” means the E911 fee authorized and imposed under 82 subsections (8) and (9). 83 (k) “Fund” means the Emergency Communications Number E911 84 System Fund established in s. 365.173 and maintained under this 85 section for the purpose of recovering the costs associated with 86 providing 911 service or E911 service, including the costs of 87 implementing the order. The fund shall be segregated into 88 wireless, prepaid wireless, and nonwireless categories. 89 (l) “Historic building, structure, site, object, or 90 district” means any building, structure, site, object, or 91 district that has been officially designated as a historic 92 building, historic structure, historic site, historic object, or 93 historic district through a federal, state, or local designation 94 program. 95 (m) “Land development regulations” means any ordinance 96 enacted by a local government for the regulation of any aspect 97 of development, including an ordinance governing zoning, 98 subdivisions, landscaping, tree protection, or signs, the local 99 government’s comprehensive plan, or any other ordinance 100 concerning any aspect of the development of land. The term does 101 not include any building construction standard adopted under and 102 in compliance with chapter 553. 103 (n) “Local exchange carrier” means a “competitive local 104 exchange telecommunications company” or a “local exchange 105 telecommunications company” as defined in s. 364.02. 106 (o) “Local government” means any municipality, county, or 107 political subdivision or agency of a municipality, county, or 108 political subdivision. 109 (p) “Medium county” means any county that has a population 110 of 75,000 or more but less than 750,000. 111 (q) “Mobile telephone number” or “MTN” means the telephone 112 number assigned to a wireless telephone at the time of initial 113 activation. 114 (r) “Nonwireless category” means the revenues to the fund 115 received from voice communications services providers other than 116 wireless providers. 117 (s) “Office” means the Technology Program within the 118 Department of Management Services, as designated by the 119 secretary of the department. 120 (t) “Order” means: 121 1. The following orders and rules of the Federal 122 Communications Commission issued in FCC Docket No. 94-102: 123 a. Order adopted on June 12, 1996, with an effective date 124 of October 1, 1996, the amendments to s. 20.03 and the creation 125 of s. 20.18 of Title 47 of the Code of Federal Regulations 126 adopted by the Federal Communications Commission pursuant to 127 such order. 128 b. Memorandum and Order No. FCC 97-402 adopted on December 129 23, 1997. 130 c. Order No. FCC DA 98-2323 adopted on November 13, 1998. 131 d. Order No. FCC 98-345 adopted December 31, 1998. 132 2. Orders and rules subsequently adopted by the Federal 133 Communications Commission relating to the provision of 911 134 services, including Order Number FCC-05-116, adopted May 19, 135 2005. 136 (u) “Prepaid wireless category” means all revenues in the 137 fund received through the Department of Revenue from the fee 138 authorized and imposed under subsection (9). 139 (v) “Prepaid wireless service” means a right to access 140 wireless service that allows a caller to contact and interact 141 with 911 to access the 911 system, which service must be paid 142 for in advance and is sold in predetermined units or dollars, 143 which units or dollars expire on a predetermined schedule or are 144 decremented on a predetermined basis in exchange for the right 145 to access wireless service. 146 (w) “Public agency” means the state and any municipality, 147 county, municipal corporation, or other governmental entity, 148 public district, or public authority located in whole or in part 149 within this state which provides, or has authority to provide, 150 firefighting, law enforcement, ambulance, medical, or other 151 emergency services. 152 (x) “Public safety agency” means a functional division of a 153 public agency which provides firefighting, law enforcement, 154 medical, or other emergency services. 155 (y) “Public safety answering point,” “PSAP,” or “answering 156 point” means the public safety agency that receives incoming 911 157 requests for assistance and dispatches appropriate public safety 158 agencies to respond to the requests in accordance with the state 159 E911 plan. 160 (z) “Rural county” means any county that has a population 161 of fewer than 75,000. 162 (aa) “Service identifier” means the service number, access 163 line, or other unique identifier assigned to a subscriber and 164 established by the Federal Communications Commission for 165 purposes of routing calls whereby the subscriber has access to 166 the E911 system. 167 (bb) “Tower” means any structure designed primarily to 168 support a wireless provider’s antennae. 169 (cc) “Voice communications services” means two-way voice 170 service, through the use of any technology, which actually 171 provides access to E911 services, and includes communications 172 services, as defined in s. 202.11, which actually provide access 173 to E911 services and which are required to be included in the 174 provision of E911 services pursuant to orders and rules adopted 175 by the Federal Communications Commission. The term includes 176 voice-over-Internet-protocol service. For the purposes of this 177 section, the term “voice-over-Internet-protocol service” or 178 “VoIP service” means interconnected VoIP services having the 179 following characteristics: 180 1. The service enables real-time, two-way voice 181 communications; 182 2. The service requires a broadband connection from the 183 user’s locations; 184 3. The service requires IP-compatible customer premises 185 equipment; and 186 4. The service offering allows users generally to receive 187 calls that originate on the public switched telephone network 188 and to terminate calls on the public switched telephone network. 189 (dd) “Voice communications services provider” or “provider” 190 means any person or entity providing voice communications 191 services, except that the term does not include any person or 192 entity that resells voice communications services and was 193 assessed the fee authorized and imposed under subsection (8) by 194 its resale supplier. 195 (ee) “Wireless 911 system” or “wireless 911 service” means 196 an emergency telephone system or service that provides a 197 subscriber with the ability to reach an answering point by 198 accessing the digits 911. 199 (ff) “Wireless category” means the revenues to the fund 200 received from a wireless provider from the fee authorized and 201 imposed under subsection (8). 202 (gg) “Wireless communications facility” means any equipment 203 or facility used to provide service and may include, but is not 204 limited to, antennae, towers, equipment enclosures, cabling, 205 antenna brackets, and other such equipment. Placing a wireless 206 communications facility on an existing structure does not cause 207 the existing structure to become a wireless communications 208 facility. 209 (hh) “Wireless provider” means a person who provides 210 wireless service and: 211 1. Is subject to the requirements of the order; or 212 2. Elects to provide wireless 911 service or E911 service 213 in this state. 214 (ii) “Wireless service” means “commercial mobile radio 215 service” as provided under ss. 3(27) and 332(d) of the Federal 216 Telecommunications Act of 1996, 47 U.S.C. ss. 151 et seq., and 217 the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103 218 66, August 10, 1993, 107 Stat. 312. The term includes service 219 provided by any wireless real-time two-way wire communication 220 device, including radio-telephone communications used in 221 cellular telephone service; personal communications service; or 222 the functional or competitive equivalent of a radio-telephone 223 communications line used in cellular telephone service, a 224 personal communications service, or a network radio access line. 225 The term does not include wireless providers that offer mainly 226 dispatch service in a more localized, noncellular configuration; 227 providers offering only data, one-way, or stored-voice services 228 on an interconnected basis; providers of air-to-ground services; 229 or public coast stations. 230 (15) TEXT-TO-911 SERVICE.—Each county shall develop a 231 countywide implementation plan for text-to-911 services and, by 232 January 1, 2022, have in place a system to receive E911 text 233 messages from providers. 234 Section 2. Section 365.177, Florida Statutes, is created to 235 read: 236 365.177 Transfer of E911 calls between systems.— 237 (1) The office shall develop and implement a plan by 238 January 1, 2020, to require that a 911 public safety 239 telecommunicator, when deemed prudent and requested by a caller 240 or when deemed necessary, be able to transfer an emergency call 241 from one local, multijurisdictional, or regional E911 system to 242 another local, multijurisdictional, or regional E911 system in 243 this state. 244 (2) In developing and implementing this plan, the office 245 shall: 246 (a) Coordinate with public agencies to identify and resolve 247 any technological or logistical issues in implementing this 248 section. 249 (b) Identify or establish a system or clearinghouse for 250 maintaining contact information for all E911 systems in this 251 state. 252 (c) Establish a date, considering any technological, 253 logistical, financial, or other identified issues, by which all 254 E911 systems in this state must be able to transfer emergency 255 calls pursuant to subsection (1). 256 Section 3. The Legislature finds that there is an important 257 state interest in ensuring that 911 telecommunications are 258 routed to the most appropriate 911 system in the most 259 expeditious manner possible in order to protect public safety. 260 Thus, a proper and legitimate state purpose is served when local 261 government 911 public safety telecommunicators are able to 262 transfer and receive transfers of emergency calls from other 263 local, multijurisdictional, or regional E911 systems in this 264 state. Therefore, the Legislature finds and declares that this 265 act fulfills an important state interest. 266 Section 4. Section 365.179, Florida Statutes, is created to 267 read: 268 365.179 Direct radio communication between 911 public 269 safety answering points and first responders.— 270 (1) As used in this section, the term: 271 (a) “First responders” includes the law enforcement 272 agencies, fire service agencies, and emergency management 273 services providers that are designated as first responders for 274 the service area in which a PSAP receives 911 calls. 275 (b) “911 public safety answering point” or “PSAP” means a 276 municipal or county emergency communications call center in this 277 state which receives cellular, landline, or text 911 278 communications. 279 (2) A PSAP must be able to directly communicate by radio 280 with first responders. The PSAP must be able to make such 281 communication without having to transfer a 911 call or having to 282 relay information received during a 911 call to another PSAP or 283 emergency communications center for dispatch. 284 (3) In collaboration with all first responders in his or 285 her county, each sheriff shall enter into a written agreement 286 with each first responder to establish protocols under which a 287 PSAP that does not dispatch calls for a first responder agency 288 will directly notify the first responder agency’s on-duty 289 personnel of an emergency by radio. The agreement must require 290 the PSAP to be able to communicate with the personnel without 291 having to transfer the 911 call for dispatch to that agency or 292 having to relay the information received during a 911 call by 293 telephone or other indirect means. 294 (4) Each PSAP shall install, in at least one dispatch 295 console within its emergency communications center, the primary 296 radio dispatch channels of each first responder in the county it 297 serves. If there are multiple PSAPs in a county, each PSAP must 298 have this capability. 299 (5) Upon the written request of a law enforcement agency 300 head, any other law enforcement agency head in the same county 301 or an adjoining jurisdiction in another county shall authorize 302 the requesting agency to install the other agency’s primary 303 dispatch channel or channels in the requesting agency’s mobile 304 or portable radios. 305 (6) By January 1, 2020, each county sheriff shall certify 306 in writing to the Department of Law Enforcement that all PSAPs 307 in his or her county are in compliance with this section. 308 Section 5. This act shall take effect July 1, 2019.