House Bill 4143e1

                                          HB 4143, First Engrossed



  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:

10

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 radio service provider acted with malicious purpose

25  or in a manner exhibiting wanton and willful disregard of

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

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

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

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

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

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


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






                                          HB 4143, First Engrossed



  1  information which may identify any person requesting emergency

  2  service or reporting an emergency by accessing an emergency

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

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

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

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

  7  or personal information about, or information which may

  8  identify any person requesting emergency services or reporting

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

10  public agency or public safety agency providing emergency

11  services. A telephone company or commercial mobile radio

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

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

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

15  lawful assistance to any investigative or law enforcement

16  officer of the State of florida or political subdivisions

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

18  political subdivision thereof, in connection with any lawful

19  investigation or other law enforcement activity by such law

20  enforcement officer unless the telephone company or commercial

21  mobile radio service provider acted in a wanton and willful

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

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

24  119.15 and shall stand repealed on October 2, 2001, unless

25  reviewed and saved form repeal through reenactment by the

26  Legislature.

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

28  law.

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