Senate Bill 0178

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    Florida Senate - 1999                                   SB 178

    By the Committee on Comprehensive Planning, Local and Military
    Affairs




    316-83C-99

  1                      A bill to be entitled

  2         An act relating to wireless emergency 911

  3         telephone service; creating s. 365.172, F.S.;

  4         providing a short title; providing legislative

  5         findings, purposes, and intent; providing

  6         definitions; providing duties of the Department

  7         of Management Services; creating the Wireless

  8         911 Board; providing duties and membership of

  9         the board; providing powers of the board;

10         requiring the board to report to the Governor

11         and the Legislature each year; requiring

12         completion of a study for submission to the

13         Governor and the Legislature; requiring the

14         board to retain an independent accounting firm

15         for certain purposes; providing a process for

16         firm selection; imposing a monthly fee for

17         certain 911 telephone service; providing a

18         rate; providing for adjusting the rate;

19         exempting the fee from state and local taxes;

20         prohibiting local governments from imposing

21         additional fees related to such service;

22         providing procedures for collecting the fee and

23         remitting the fee to the board; providing

24         criteria for provision of certain services;

25         prohibiting certain activities relating to

26         wireless 911 telephone service; providing

27         penalties; providing that the act does not

28         preempt other laws that regulate providers of

29         telecommunications service; providing an

30         effective date.

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

  2

  3         Section 1.  Section 365.172, Florida Statutes, is

  4  created to read:

  5         365.172  Wireless emergency telephone number "E911."

  6         (1)  SHORT TITLE.--This section may be cited as the

  7  "Wireless Emergency Communications Act."

  8         (2)  FINDINGS, PURPOSE, AND LEGISLATIVE INTENT.--The

  9  Legislature finds and declares that:

10         (a)  The mobile nature of wireless communications

11  service creates complexities for providing 911 emergency

12  services.

13         (b)  Wireless telephone service providers are required

14  by the Federal Communications Commission to provide wireless

15  enhanced 911 (E911) service in the form of automatic location

16  identification and automatic number identification pursuant to

17  the terms and conditions set forth in an order issued by the

18  Federal Communications Commission.

19         (c)  Wireless telephone service providers and counties

20  that operate 911 and E911 systems require adequate funding to

21  recover the costs of designing, purchasing, installing,

22  testing, and operating enhanced facilities, systems, and

23  services necessary to comply with the requirements for E911

24  services mandated by the Federal Communications Commission and

25  to maximize the availability of E911 services throughout this

26  state.

27         (d)  The revenues generated by the E911 fee imposed

28  under this section are required to fund the efforts of the

29  counties, the Wireless 911 Board under the Department of

30  Management Services, and commercial mobile radio service

31  providers to improve the public health, safety, and welfare

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  1  and serve a public purpose by providing emergency telephone

  2  assistance through wireless communications.

  3         (e)  It is necessary and beneficial to levy a fee on

  4  wireless services and to create the Wireless 911 Board to

  5  administer fee proceeds as provided in this section.

  6         (f)  It is the intent of the Legislature to:

  7         1.  Establish and implement a comprehensive statewide

  8  emergency telephone number system that will provide wireless

  9  telephone users with rapid direct access to public safety

10  agencies by dialing the telephone number "911."

11         2.  Provide funds to local governments to pay the cost

12  of installing and operating wireless 911 systems and to

13  reimburse wireless telephone service providers for costs

14  incurred to provide 911 or enhanced 911 services.

15         3.  Levy a reasonable fee on subscribers of wireless

16  telephone service to accomplish these purposes.

17         (3)  DEFINITIONS.--As used in this section and ss.

18  365.173 and 365.174, the term:

19         (a)  "Answering point" means the public safety agency

20  that receives incoming 911 calls and dispatches appropriate

21  public safety agencies to respond to such calls.

22         (b)  "Automatic location identification" means the

23  capability of the E911 service which enables the automatic

24  display of information that defines the approximate geographic

25  location of the wireless telephone used to place a 911 call.

26         (c)  "Automatic number identification" means the

27  capability of the E911 service which enables the automatic

28  display of the 10-digit service number used to place a 911

29  call.

30         (d)  "Board" means the board of directors of the

31  Wireless 911 Board.

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  1         (e)  "Department" means the Department of Management

  2  Services.

  3         (f)  "E911" is the designation for a wireless enhanced

  4  911 system or wireless enhanced 911 service that is an

  5  emergency telephone system or service that provides a

  6  subscriber with wireless 911 service and, in addition, directs

  7  911 calls to appropriate public safety answering points by

  8  selective routing based on the geographical location from

  9  which the call originated, or as otherwise provided in the

10  state plan under s. 365.171, and that provides for automatic

11  number identification and automatic location-identification

12  features in accordance with the requirements of the order.

13         (g)  "Fee" means the E911 fee imposed under subsection

14  (8).

15         (h)  "Fund" means the Wireless Emergency Telephone

16  System Fund established in s. 365.173 and maintained under

17  this section for the purpose of recovering the costs

18  associated with providing 911 service or E911 service,

19  including the costs of implementing the order.

20         (i)  "Local exchange carrier" means an "alternative

21  local exchange telecommunications company" or a "local

22  exchange telecommunications company" as defined in s. 364.02.

23         (j)  "Local government" means any municipality, county,

24  or political subdivision or agency of a municipality, county,

25  or political subdivision.

26         (k)  "Order" means the order of the Federal

27  Communications Commission, FCC Docket No. 94-102, subsequently

28  adopted orders relating to the provision of wireless 911

29  services, and rules adopted by the Federal Communications

30  Commission related to such orders.

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  1         (l)  "Provider" means a person or entity who provides

  2  service and either:

  3         1.  Is subject to the requirements of the order; or

  4         2.  Elects to provide wireless 911 service or E911

  5  service in this state.

  6         (m)  "Public agency" means the state and any

  7  municipality, county, municipal corporation, or other

  8  governmental entity, public district, or public authority

  9  located in whole or in part within this state which provides,

10  or has authority to provide, firefighting, law enforcement,

11  ambulance, medical, or other emergency services.

12         (n)  "Public safety agency" means a functional division

13  of a public agency which provides firefighting, law

14  enforcement, medical, or other emergency services.

15         (o)  "Rural county" means any county that has a

16  population of fewer than 75,000.

17         (p)  "Service" means "commercial mobile radio service"

18  as provided under ss. 3(27) and 332(d) of the Federal

19  Telecommunications Act of 1996, 47 U.S.C., ss. 151 et seq.,

20  and the Omnibus Budget Reconciliation Act of 1993, Pub. L. No.

21  103-66, August 10, 1993, 107 Stat. 312. The term "service"

22  includes the term "wireless" and service provided by any

23  wireless real-time two-way wire communication device,

24  including radio-telephone communications used in cellular

25  telephone service; personal communications service; or the

26  functional or competitive equivalent of a radio-telephone

27  communications line used in cellular telephone service, a

28  personal communications service, or a network radio access

29  line. The term does not include wireless providers that offer

30  mainly dispatch service in a more localized, noncellular

31  configuration; providers offering only data, one-way, or

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  1  stored-voice services on an interconnected basis; providers of

  2  air-to-ground services; or public coast stations.

  3         (q)  "Service number" means the unique 10-digit

  4  wireless telephone number assigned to a service subscriber.

  5         (r)  "Wireless 911 system" or "wireless 911 service"

  6  means an emergency telephone system or service that provides a

  7  subscriber with the ability to reach an answering point by

  8  dialing the digits "911." A wireless 911 system is

  9  complementary to a wired 911 system as provided for in s.

10  365.171.

11         (4)  POWERS AND DUTIES OF THE DEPARTMENT.--The

12  department shall oversee the administration of the fee imposed

13  on subscribers of statewide E911 service under subsection (8).

14         (5)  THE WIRELESS 911 BOARD.--

15         (a)  The Wireless 911 Board is established to

16  administer, with oversight by the department, the fee imposed

17  under subsection (8), including receiving revenues derived

18  from the fee; distributing portions of such revenues to

19  providers, counties, and the department; accounting for

20  receipts, distributions, and income derived by the funds

21  maintained in the fund; and providing annual reports to the

22  Governor and the Legislature for submission by the department

23  on amounts collected and expended, the purposes for which

24  expenditures have been made, and the status of wireless E911

25  service in this state. In order to advise and assist the

26  department in carrying out the purposes of this section, the

27  board, which shall have the power of a body corporate, shall

28  have the powers enumerated in subsection (6).

29         (b)  The board shall consist of seven members, one of

30  whom must be the system director designated under s.

31  365.171(5), or his or her designee, who shall serve as the

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  1  chair of the board. The remaining six members of the board

  2  shall be appointed by the Governor and must be composed of

  3  three county 911 coordinators recommended by the Florida

  4  Association of Counties and three members from the wireless

  5  telecommunications industry. Not more than one member may be

  6  appointed to represent any single provider on the board.

  7         (c)  The system director, or his or her designee, must

  8  be a permanent member of the board. Each of the remaining six

  9  members of the board shall be appointed to a 4-year term and

10  may not be appointed to more than two successive terms.

11  However, for the purpose of staggering terms, two of the

12  original board members shall be appointed to terms of 4 years,

13  two shall be appointed to terms of 3 years, and two shall be

14  appointed to terms of 2 years, as designated by the Governor.

15  A vacancy on the board shall be filled in the same manner as

16  the original appointment.

17         (6)  AUTHORITY OF THE BOARD; ANNUAL REPORT.--

18         (a)  The board shall:

19         1.  Administer the E911 fee.

20         2.  Implement, maintain, and oversee the fund.

21         3.  Review and oversee the disbursement of the revenues

22  deposited into the fund as provided in s. 365.173. The board

23  may establish a schedule for implementing wireless E911

24  service by service area, and prioritize disbursements of

25  revenues from the fund to providers and rural counties as

26  provided in s. 365.173(2)(b) and (c) pursuant to the schedule,

27  in order to implement E911 services in the most efficient and

28  cost-effective manner.

29         4.  Review documentation submitted by providers which

30  reflects current and projected funds derived from the E911

31  fee, and the expenses incurred and expected to be incurred, in

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  1  order to comply with the E911 service requirements contained

  2  in the order for the purposes of:

  3         a.  Ensuring that providers receive fair and equitable

  4  distributions of funds from the fund.

  5         b.  Ensuring that providers are not provided

  6  disbursements from the fund which exceed the costs of

  7  providing E911 service, including the costs of complying with

  8  the order.

  9         c.  Ascertaining the projected costs of compliance with

10  the requirements of the order and projected collections of the

11  E911 fee.

12         d.  Implementing changes to the allocation percentages

13  or reducing the E911 fee under paragraph (8)(c).

14         5.  Review and approve or reject, in whole or in part,

15  applications submitted by providers for recovery of moneys

16  deposited into the fund.

17         6.  Hire and retain employees for the purposes of

18  performing administrative functions for the board.

19         7.  Make and enter into contracts, pursuant to chapter

20  287, and execute other instruments necessary or convenient for

21  the exercise of the powers and functions of the board.

22         8.  Take all necessary and reasonable steps by July 1,

23  2000, to secure appropriate information and reports from

24  providers and otherwise perform all of the functions that

25  would be performed by an independent accounting firm prior to

26  completing the request-for-proposals process under subsection

27  (7).

28         9.  Sue and be sued, and appear and defend in all

29  actions and proceedings, in its corporate name to the same

30  extent as a natural person.

31         10.  Adopt, use, and alter a common corporate seal.

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  1         11.  Elect or appoint the officers and agents that are

  2  required by the affairs of the board.

  3         12.  The board may adopt rules under ss. 120.54 and

  4  120.536(1) to implement this section and ss. 365.173 and

  5  365.174.

  6         13.  Do all acts and things necessary or convenient to

  7  carry out the powers granted in this section.

  8         (b)  Board members shall serve without compensation;

  9  however, members are entitled to per diem and travel expenses

10  as provided in s. 112.061.

11         (c)  By February 28 of each year, the board shall

12  prepare a report for submission by the department to the

13  Governor, the President of the Senate, and the Speaker of the

14  House of Representatives which reflects, for the immediately

15  preceding calendar year, the quarterly and annual receipts and

16  disbursements of moneys in the fund, the purposes for which

17  disbursements of moneys from the fund have been made, and the

18  availability and status of implementation of E911 service in

19  this state.

20         (d)  By February 29, 2001, the board shall undertake

21  and complete a study for submission by the department to the

22  Governor, the President of the Senate, and the Speaker of the

23  House of Representatives which addresses:

24         1.  The total amount of E911 fee revenues collected by

25  each provider, the total amount of expenses incurred by each

26  provider to comply with the order, and the amount of moneys on

27  deposit in the fund, all as of December 1, 2000.

28         2.  Whether the amount of the E911 fee and the

29  allocation percentages set forth in s. 365.173 should be

30  adjusted to comply with the requirements of the order, and, if

31  so, a recommended adjustment to the E911 fee.

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  1         3.  Any other issues related to providing wireless E911

  2  services.

  3         (7)  REQUEST FOR PROPOSALS FOR INDEPENDENT ACCOUNTING

  4  FIRM.--

  5         (a)  The board shall issue a request for proposals as

  6  provided in chapter 287 for the purpose of retaining an

  7  independent accounting firm. The independent accounting firm

  8  shall perform all material administrative and accounting tasks

  9  and functions required for administering the E911 fee. The

10  request for proposals must include, but need not be limited

11  to:

12         1.  A description of the scope and general requirements

13  of the services requested.

14         2.  A description of the specific accounting and

15  reporting services required for administering the fund,

16  including processing checks and distributing funds as directed

17  by the board under s. 365.173.

18         3.  A description of information to be provided by the

19  proposer, including the proposer's background and

20  qualifications and the proposed cost of the services to be

21  provided.

22         (b)  The board shall establish a committee to review

23  requests for proposals which must include the statewide 911

24  system director, or his or her designee, and two members of

25  the board, one of whom is a county 911 coordinator and one of

26  whom represents the wireless telecommunications industry. The

27  review committee shall review the proposals received by the

28  board and recommend an independent accounting firm to the

29  board for final selection. By agreeing to serve on the review

30  committee, each member of the review committee shall verify

31  that he or she does not have any interest or employment,

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  1  directly or indirectly, with potential proposers which

  2  conflicts in any manner or degree with his or her performance

  3  on the committee.

  4         (8)  WIRELESS E911 FEE.--

  5         (a)  Each provider shall collect a monthly fee imposed

  6  on each service subscriber who has a service number that has a

  7  billing address within this state. The rate of the fee shall

  8  be 50 cents per month per each service number, beginning

  9  August 1, 1999. The fee shall apply uniformly and be imposed

10  throughout the state.

11         (b)  The fee is established to ensure full recovery for

12  providers and for counties, over a reasonable period, of the

13  costs associated with developing and maintaining an E911

14  system on a technologically and competitively neutral basis.

15         (c)  After July 1, 2001, the board may adjust the

16  allocation percentages provided in s. 365.173 or reduce the

17  amount of the fee, or both, if necessary to ensure full cost

18  recovery or prevent overrecovery of costs incurred in the

19  provision of E911 service, including costs incurred or

20  projected to be incurred to comply with the order. Any new

21  allocation percentages or reduced fee may not be adjusted for

22  2 years. The fee may not exceed 50 cents per month per each

23  service number.

24         (d)  State and local taxes do not apply to the fee.

25         (e)  A local government may not levy any additional fee

26  on wireless providers or subscribers for the provision of E911

27  service.

28         (9)  MANAGEMENT OF FUNDS.--

29         (a)  Each provider, as a part of its monthly billing

30  process, shall collect the fee imposed under subsection (8).

31  The provider may list the fee as a separate entry on each

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  1  bill, in which case the fee must be identified as a fee for

  2  E911 services. A provider shall remit the fee only if the fee

  3  is paid by the subscriber. If a provider receives a partial

  4  payment for a monthly bill from a subscriber, the amount

  5  received shall first be applied to the payment due the

  6  provider for the provision of telecommunications service.

  7         (b)  A provider is not obligated to take any legal

  8  action to enforce collection of the fees for which any

  9  subscriber is billed. The provider shall provide to the board

10  each quarter a list of the names, addresses, and service

11  numbers of all subscribers who have indicated to the provider

12  their refusal to pay the fee.

13         (c)  Each provider may retain 1 percent of the amount

14  of the fees collected as reimbursement for the administrative

15  costs incurred by the provider to bill, collect, and remit the

16  fee. The remainder shall be delivered to the board and

17  deposited in the fund. The board shall distribute the

18  remainder pursuant to s. 365.173.

19         (d)  Each provider shall deliver revenues from the fee

20  to the board within 60 days after the end of the month in

21  which the fee was billed, together with a monthly report of

22  the number of billing addresses of wireless subscribers in

23  each county. A provider may apply to the board for a refund

24  of, or may take a credit for, any fees remitted to the board

25  which are not collected by the provider within 6 months

26  following the month in which the fees are charged off for

27  federal income tax purposes as bad debt. The board may waive

28  the requirement that the fees and number of billing addresses

29  be submitted to the board each month and authorize a provider

30  to submit the fees and number of billing addresses quarterly

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  1  if the provider demonstrates that such waiver is necessary and

  2  justified.

  3         (e)  As used is this subsection, the term "provider"

  4  includes any person or entity that resells wireless service

  5  and was not assessed the fee by its resale supplier.

  6         (10)  PROVISION OF SERVICES.--In accordance with the

  7  order, a provider is not required to provide E911 service

  8  until:

  9         (a)  The provider receives a request in writing for

10  such service from the county 911 coordinator and the affected

11  answering point is capable of receiving and using the data

12  elements associated with the service.

13         (b)  Funds are available under s. 365.173(2)(b).

14         (c)  The local exchange carrier is able to support the

15  E911 system.

16         (d)  The service area has been scheduled for

17  implementation of E911 service by the board pursuant to

18  subparagraph (6)(a)3. If a county's 911 coordinator requests

19  E911 service from a provider, the coordinator shall also

20  request E911 service from all other providers in the area in a

21  nondiscriminatory and fair manner.

22         (11)  MISUSE OF WIRELESS 911 SYSTEM; PENALTY.--E911

23  service must be used solely for emergency communications by

24  the public. Any person who knowingly uses or attempts to use

25  such service for a purpose other than obtaining public safety

26  assistance, or who knowingly uses or attempts to use such

27  service in an effort to avoid any charge for service, commits

28  a misdemeanor of the first degree, punishable as provided in

29  s. 775.082 or s. 775.083. After being convicted of

30  unauthorized use of such service four times, a person who

31  continues to engage in such unauthorized use commits a felony

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  1  of the third degree, punishable as provided in s. 775.082, s.

  2  775.083, or s. 775.084. In addition, if the value of the

  3  service or the service charge obtained in a manner prohibited

  4  by this subsection exceeds $100, the person committing the

  5  offense commits a felony of the third degree, punishable as

  6  provided in s. 775.082, s. 775.083, or s. 775.084.

  7         (12)  STATE LAW NOT PREEMPTED.--This section and ss.

  8  365.173 and 365.174 do not alter any state law that otherwise

  9  regulates providers of telecommunications service.

10         Section 2.  This act shall take effect July 1, 1999.

11

12            *****************************************

13                          SENATE SUMMARY

14    Creates the "Wireless Emergency Communications Act."
      Establishes the Wireless 911 Board to administer the
15    Wireless Emergency Telephone System Fund. Imposes a
      monthly fee of 50 cents per month per service number to
16    fund the provision of wireless emergency 911 service.
      Authorizes the board to adjust the allocation of proceeds
17    from the fee or to reduce the fee. Prohibits misuse of
      wireless emergency 911 service and provides penalties.
18    (See bill for details.)

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