House Bill 4143er
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4143, First Engrossed
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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.
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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 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.
ENROLLED
1998 Legislature 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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