Senate Bill 0178e1

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    SB 178                                         First Engrossed



  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         appropriation; providing for severability;

31         providing an effective date.


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    SB 178                                         First Engrossed



  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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    SB 178                                         First Engrossed



  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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    SB 178                                         First Engrossed



  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:

27         1.  The following orders and rules of the Federal

28  Communications Commission issued in FCC Docket No. 94-102:

29         a.  Order adopted on June 12, 1996, with an effective

30  date of October 1, 1996, the amendments to Section 20.03 and

31  the creation of Section 20.18 of Title 47 of the Code of


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    SB 178                                         First Engrossed



  1  Federal Regulations adopted by the Federal Communications

  2  Commission pursuant to such order.

  3         b.  Memorandum and Order No. FCC 97-402 adopted on

  4  December 23, 1997.

  5         c.  Order No. FCC DA 98-2323 adopted on November 13,

  6  1998.

  7         d.  Order No. FCC 98-345 adopted December 31, 1998.

  8         2.  Orders and rules subsequently adopted by the

  9  Federal Communications Commission relating to the provision of

10  wireless 911 services.

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

12  service and either:

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

14         2.  Elects to provide wireless 911 service or E911

15  service in this state.

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

17  municipality, county, municipal corporation, or other

18  governmental entity, public district, or public authority

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

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

21  ambulance, medical, or other emergency services.

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

23  of a public agency which provides firefighting, law

24  enforcement, medical, or other emergency services.

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

26  population of fewer than 75,000.

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

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

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

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

31  103-66, August 10, 1993, 107 Stat. 312. The term "service"


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    SB 178                                         First Engrossed



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

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

  3  including radio-telephone communications used in cellular

  4  telephone service; personal communications service; or the

  5  functional or competitive equivalent of a radio-telephone

  6  communications line used in cellular telephone service, a

  7  personal communications service, or a network radio access

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

  9  mainly dispatch service in a more localized, noncellular

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

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

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

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

14  wireless telephone number assigned to a service subscriber.

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

16  means an emergency telephone system or service that provides a

17  subscriber with the ability to reach an answering point by

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

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

20  365.171.

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

22  department shall oversee the administration of the fee imposed

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

24         (5)  THE WIRELESS 911 BOARD.--

25         (a)  The Wireless 911 Board is established to

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

27  under subsection (8), including receiving revenues derived

28  from the fee; distributing portions of such revenues to

29  providers, counties, and the department; accounting for

30  receipts, distributions, and income derived by the funds

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


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    SB 178                                         First Engrossed



  1  Governor and the Legislature for submission by the department

  2  on amounts collected and expended, the purposes for which

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

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

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

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

  7  have the powers enumerated in subsection (6).

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

  9  whom must be the system director designated under s.

10  365.171(5), or his or her designee, who shall serve as the

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

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

13  three county 911 coordinators recommended by the Florida

14  Association of Counties, of which at least one must be from a

15  county with a population of 75,000 or less, and three members

16  from the wireless telecommunications industry. Not more than

17  one member may be appointed to represent any single provider

18  on the board.

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

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

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

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

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

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

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

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

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

28  the original appointment.

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

30         (a)  The board shall:

31         1.  Administer the E911 fee.


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    SB 178                                         First Engrossed



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

  2         3.  Review and oversee the disbursement of the revenues

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

  4  may establish a schedule for implementing wireless E911

  5  service by service area, and prioritize disbursements of

  6  revenues from the fund to providers and rural counties as

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

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

  9  cost-effective manner.

10         4.  Review documentation submitted by providers which

11  reflects current and projected funds derived from the E911

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

13  order to comply with the E911 service requirements contained

14  in the order for the purposes of:

15         a.  Ensuring that providers receive fair and equitable

16  distributions of funds from the fund.

17         b.  Ensuring that providers are not provided

18  disbursements from the fund which exceed the costs of

19  providing E911 service, including the costs of complying with

20  the order.

21         c.  Ascertaining the projected costs of compliance with

22  the requirements of the order and projected collections of the

23  E911 fee.

24         d.  Implementing changes to the allocation percentages

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

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

27  applications submitted by providers for recovery of moneys

28  deposited into the fund.

29         6.  Hire and retain employees for the purposes of

30  performing administrative functions for the board.

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    SB 178                                         First Engrossed



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

  2  287, and execute other instruments necessary or convenient for

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

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

  5  2000, to secure appropriate information and reports from

  6  providers and otherwise perform all of the functions that

  7  would be performed by an independent accounting firm prior to

  8  completing the request-for-proposals process under subsection

  9  (7).

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

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

12  extent as a natural person.

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

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

15  required by the affairs of the board.

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

17  120.536(1) to implement this section and ss. 365.173 and

18  365.174.

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

20  carry out the powers granted in this section including, but

21  not limited to, consideration of emerging technology and

22  related cost savings.

23         (b)  Board members shall serve without compensation;

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

25  as provided in s. 112.061.

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

27  prepare a report for submission by the department to the

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

29  House of Representatives which reflects, for the immediately

30  preceding calendar year, the quarterly and annual receipts and

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


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    SB 178                                         First Engrossed



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

  2  availability and status of implementation of E911 service in

  3  this state.

  4         (d)  By February 28, 2001, the board shall undertake

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

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

  7  House of Representatives which addresses:

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

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

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

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

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

13  allocation percentages set forth in s. 365.173 should be

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

15  so, a recommended adjustment to the E911 fee.

16         3.  Any other issues related to providing wireless E911

17  services.

18         (7)  REQUEST FOR PROPOSALS FOR INDEPENDENT ACCOUNTING

19  FIRM.--

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

21  provided in chapter 287 for the purpose of retaining an

22  independent accounting firm. The independent accounting firm

23  shall perform all material administrative and accounting tasks

24  and functions required for administering the E911 fee. The

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

26  to:

27         1.  A description of the scope and general requirements

28  of the services requested.

29         2.  A description of the specific accounting and

30  reporting services required for administering the fund,

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    SB 178                                         First Engrossed



  1  including processing checks and distributing funds as directed

  2  by the board under s. 365.173.

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

  4  proposer, including the proposer's background and

  5  qualifications and the proposed cost of the services to be

  6  provided.

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

  8  requests for proposals which must include the statewide 911

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

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

11  whom represents the wireless telecommunications industry. The

12  review committee shall review the proposals received by the

13  board and recommend an independent accounting firm to the

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

15  committee, each member of the review committee shall verify

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

17  directly or indirectly, with potential proposers which

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

19  on the committee.

20         (8)  WIRELESS E911 FEE.--

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

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

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

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

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

26  throughout the state.

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

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

29  costs associated with developing and maintaining an E911

30  system on a technologically and competitively neutral basis.

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    SB 178                                         First Engrossed



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

  2  allocation percentages provided in s. 365.173 or reduce the

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

  4  recovery or prevent overrecovery of costs incurred in the

  5  provision of E911 service, including costs incurred or

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

  7  allocation percentages or reduced fee may not be adjusted for

  8  2 years. The fee may not exceed 50 cents per month per each

  9  service number.

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

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

12  on wireless providers or subscribers for the provision of E911

13  service.

14         (9)  MANAGEMENT OF FUNDS.--

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

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

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

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

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

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

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

22  received shall first be applied to the payment due the

23  provider for the provision of telecommunications service.

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

25  action to enforce collection of the fees for which any

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

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

28  numbers of all subscribers who have indicated to the provider

29  their refusal to pay the fee.

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

31  of the fees collected as reimbursement for the administrative


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    SB 178                                         First Engrossed



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

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

  3  deposited in the fund. The board shall distribute the

  4  remainder pursuant to s. 365.173.

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

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

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

  8  the number of billing addresses of wireless subscribers in

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

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

11  which are not collected by the provider within 6 months

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

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

14  the requirement that the fees and number of billing addresses

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

16  to submit the fees and number of billing addresses quarterly

17  if the provider demonstrates that such waiver is necessary and

18  justified.

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

20  includes any person or entity that resells wireless service

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

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

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

24  until:

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

26  such service from the county 911 coordinator and the affected

27  answering point is capable of receiving and using the data

28  elements associated with the service.

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

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

31  E911 system.


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    SB 178                                         First Engrossed



  1         (d)  The service area has been scheduled for

  2  implementation of E911 service by the board pursuant to

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

  4  E911 service from a provider, the coordinator shall also

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

  6  nondiscriminatory and fair manner.

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

  8  service must be used solely for emergency communications by

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

10  such service for a purpose other than obtaining public safety

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

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

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

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

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

16  continues to engage in such unauthorized use commits a felony

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

18  775.083, or s. 775.084. In addition, if the value of the

19  service or the service charge obtained in a manner prohibited

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

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

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

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

24  365.173 and 365.174 do not alter any state law that otherwise

25  regulates providers of telecommunications service.

26         Section 2.  There is hereby appropriated to the

27  Department of Management Services $18,711,000 from the

28  Wireless Emergency Telephone System Trust Fund for the

29  1999-2000 Fiscal Year, to include, $8,607,060 for distribution

30  to counties, $9,729,720 for distribution to 911 service

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    SB 178                                         First Engrossed



  1  providers, and $374,220 for Department of Management Services

  2  administrative costs.

  3         Section 3.  If any provision of this act or the

  4  application thereof to any person or circumstance is held

  5  invalid, the invalidity shall not affect other provisions or

  6  applications of the act which can be given effect without the

  7  invalid provision or application, and to this end the

  8  provisions of this act are declared severable.

  9         Section 4.  This act shall take effect July 1, 1999.

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