Senate Bill 2164

    Florida Senate - 1998                                  SB 2164

    By Senator Latvala





    19-1390B-98

  1                      A bill to be entitled

  2         An act relating to emergency telephone number

  3         "911" services; amending s. 365.171, F.S.;

  4         providing for indemnification and limitation of

  5         liability for local governments and wireless

  6         telecommunications service providers that

  7         provide 911 service; providing an effective

  8         date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Subsection (17) is added to section

13  365.171, Florida Statutes, to read:

14         365.171  Emergency telephone number "911."--

15         (17)  LIMITATION OF LIABILITY FOR LOCAL GOVERNMENTS AND

16  COMMERCIAL MOBILE RADIO SERVICE PROVIDERS.--

17         (a)  Notwithstanding any other provision of law, a

18  local government, public agency, public safety agency,

19  commercial mobile radio service provider as defined in s.

20  364.02, or local exchange telecommunications company, or any

21  employee, director, officer, or agent of any such entity, is

22  not liable for damages in a civil action nor subject to

23  criminal prosecution as a result of death or injury to, or

24  damage to property incurred by, any person in connection with

25  establishing, implementing, maintaining, and providing access

26  or any failure to establish, implement, maintain, operate, or

27  provide access to wireless 911 service, E911 service, or any

28  other wireless service intended to help persons obtain

29  emergency assistance. This limitation of liability is

30  inapplicable if such failure resulted from a malicious purpose

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 2164
    19-1390B-98




  1  or a wanton and willful disregard of human rights, safety, or

  2  property.

  3         (b)  A commercial mobile radio service provider or

  4  local exchange telecommunications company is not liable for

  5  damages to any person resulting from or in connection with

  6  such entity's provision of any lawful assistance to any

  7  investigative or law enforcement officer of this state or a

  8  political subdivision of this state, of the United States, or

  9  of any other state or a political subdivision of such state in

10  connection with any lawful investigation by or other law

11  enforcement activity of the law enforcement officer unless the

12  entity, in providing such assistance, acted in a manner

13  exhibiting wanton and willful disregard of human rights,

14  safety, or property.

15         Section 2.  This act shall take effect upon becoming a

16  law.

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19                          SENATE SUMMARY

20    Provides for indemnification and limitation of liability
      for local governments and wireless telecommunications
21    service providers that provide 911 service.

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