Senate Bill 2164c1

    Florida Senate - 1998                           CS for SB 2164

    By the Committee on Judiciary and Senator Latvala





    308-2084-98

  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 wireless telecommunications

  6         service providers that provide 911 service;

  7         providing an effective date.

  8

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

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11         Section 1.  Subsections (14) and (15) of section

12  365.171, Florida Statutes, are amended to read:

13         365.171  Emergency telephone number "911."--

14         (14)  INDEMNIFICATION AND LIMITATION OF LIABILITY.--All

15  local governments are authorized to undertake to indemnify the

16  telephone company against liability in accordance with the

17  telephone company's lawfully filed tariffs.  Regardless of any

18  indemnification agreement, a the telephone company or

19  commercial mobile radio service provider as defined in s.

20  364.02 shall not be liable for damages resulting from or in

21  connection with "911" service or identification of the

22  telephone number, address, or name associated with any person

23  accessing "911" service, unless the telephone company or

24  commercial mobile radio service provider acted with malicious

25  purpose or in a manner exhibiting wanton and willful disregard

26  of human rights, safety, or property in providing such

27  services.

28         (15)  CONFIDENTIALITY OF RECORDS.--Any record,

29  recording, or information, or portions thereof, obtained by a

30  public agency or a public safety agency for the purpose of

31  providing services in an emergency and which reveals the name,

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






    Florida Senate - 1998                           CS for SB 2164
    308-2084-98




  1  address, telephone number, or personal information about, or

  2  information which may identify any person requesting emergency

  3  service or reporting an emergency by accessing an emergency

  4  telephone number "911" system is confidential and exempt from

  5  the provisions of s. 119.07(1), except that such record or

  6  information may be disclosed to a public safety agency. The

  7  exemption applies only to the name, address, telephone number

  8  or personal information about, or information which may

  9  identify any person requesting emergency services or reporting

10  an emergency while such information is in the custody of the

11  public agency or public safety agency providing emergency

12  services. A telephone company or commercial mobile radio

13  service provider shall not be liable for damages to any person

14  resulting from or in connection with such telephone company's

15  or commercial mobile radio service provider's provision of any

16  lawful assistance to any investigative or law enforcement

17  officer of the State of Florida or political subdivisions

18  thereof, of the United States, or of any other state or

19  political subdivision thereof, in connection with any lawful

20  investigation or other law enforcement activity by such law

21  enforcement officer unless the telephone company or commercial

22  mobile radio service provider acted in a wanton and willful

23  manner. The exemptions in this section are subject to the Open

24  Government Sunset Review Act of 1995 in accordance with s.

25  119.15 and shall stand repealed on October 2, 2001, unless

26  reviewed and saved from repeal through reenactment by the

27  Legislature.

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

29  law.

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    Florida Senate - 1998                           CS for SB 2164
    308-2084-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 2164

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  4  The Committee Substitute for Senate Bill 2164 adds commercial
    mobile radio service providers to the existing provisions
  5  limiting liability in connection with providing "911"
    services. This provides exactly the same limitations as
  6  currently apply to telephone companies.

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