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





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4143

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
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 5                                           ORIGINAL STAMP BELOW

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11  The Committee on Civil Justice & Claims offered the following:

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13         Amendment (with title amendment) 

14         On page 1, line 11,

15  remove from the bill:  everything after the enacting clause,

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17  and insert in lieu thereof:

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

19  365.171, Florida Statutes, are amended to read:

20         365.171  Emergency telephone number "911."--

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

22  local governments are authorized to undertake to indemnify the

23  telephone company against liability in accordance with the

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

25  indemnification agreement, a the telephone company or

26  commercial mobile radio service provider as defined in s.

27  364.02 shall not be liable for damages resulting from or in

28  connection with "911" service or identification of the

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

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

31  commercial radio service provider acted with malicious purpose

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    File original & 9 copies    04/15/98
    hcjc004                     02:57 pm         04143-cjcl-574519




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4143

    Amendment No. 1 (for drafter's use only)





 1  or in a manner exhibiting wanton and willful disregard of

 2  human rights, safety, or property in providing such services.

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

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

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

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

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

 8  information which may identify any person requesting emergency

 9  service or reporting an emergency by accessing an emergency

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

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

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

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

14  or personal information about, or information which may

15  identify any person requesting emergency services or reporting

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

17  public agency or public safety agency providing emergency

18  services. A telephone company or commercial mobile radio

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

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

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

22  lawful assistance to any investigative or law enforcement

23  officer of the State of florida or political subdivisions

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

25  political subdivision thereof, in connection with any lawful

26  investigation or other law enforcement activity by such law

27  enforcement officer unless the telephone company or commercial

28  mobile radio service provider acted in a wanton and willful

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

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

31  119.15 and shall stand repealed on October 2, 2001, unless

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    File original & 9 copies    04/15/98
    hcjc004                     02:57 pm         04143-cjcl-574519




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4143

    Amendment No. 1 (for drafter's use only)





 1  reviewed and saved form repeal through reenactment by the

 2  Legislature.

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

 4  law.

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 7  ================ T I T L E   A M E N D M E N T ===============

 8  And the title is amended as follows:

 9         On page 1, line 5,

10  remove from the title of the bill:  local governments and

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    File original & 9 copies    04/15/98
    hcjc004                     02:57 pm         04143-cjcl-574519