Senate Bill sb1142e2

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




    SB 1142                                 Second Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to the emergency telephone

  3         system; amending ss. 365.171, 365.172, 365.174,

  4         F.S.; transferring state control over the

  5         Florida Emergency Telephone Act and the

  6         Wireless Emergency Communications Act from the

  7         Department of Management Services to the Office

  8         of State Technology; conforming statutory

  9         references; providing for the "911" fee to be

10         used by certain counties to fund a pilot

11         project for a nonemergency system; amending s.

12         365.173, F.S.; authorizing the State Treasurer

13         to invest moneys in the Wireless Emergency

14         Telephone System Fund; removing requirements

15         that funds be held in escrow; revising the date

16         for submission of the legislative budget

17         request; providing an effective date.

18

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

20

21         Section 1.  Subsections (3), (4), (5), (7), (9), (10),

22  (12), and (13) of section 365.171, Florida Statutes, are

23  amended to read:

24         365.171  Emergency telephone number "911."--

25         (3)  DEFINITIONS.--As used in this section:

26         (a)  "Office" "Department" means the State Technology

27  Office Department of Management Services.

28         (b)  "Local government" means any city, county, or

29  political subdivision of the state and its agencies.

30         (c)  "Public agency" means the state and any city,

31  county, city and county, municipal corporation, chartered


                                  1

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






    SB 1142                                 Second Engrossed (ntc)



  1  organization, public district, or public authority located in

  2  whole or in part within this state which provides, or has

  3  authority to provide, firefighting, law enforcement,

  4  ambulance, medical, or other emergency services.

  5         (d)  "Public safety agency" means a functional division

  6  of a public agency which provides firefighting, law

  7  enforcement, medical, or other emergency services.

  8         (4)  STATE PLAN.--The office department shall develop a

  9  statewide emergency telephone number "911" system plan.  The

10  plan shall provide for:

11         (a)  The establishment of the public agency emergency

12  telephone communications requirements for each entity of local

13  government in the state.

14         (b)  A system to meet specific local government

15  requirements.  Such system shall include law enforcement,

16  firefighting, and emergency medical services and may include

17  other emergency services such as poison control, suicide

18  prevention, and emergency management services.

19         (c)  Identification of the mutual aid agreements

20  necessary to obtain an effective "911" system.

21         (d)  A funding provision which shall identify the cost

22  necessary to implement the "911" system.

23         (e)  A firm implementation schedule which shall include

24  the installation of the "911" system in a local community

25  within 24 months after the designated agency of the local

26  government gives a firm order to the telephone utility for a

27  "911" system.

28

29  The office department shall be responsible for the

30  implementation and coordination of such plan.  The office

31  department shall adopt any necessary rules and schedules


                                  2

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






    SB 1142                                 Second Engrossed (ntc)



  1  related to public agencies for implementing and coordinating

  2  such plan, pursuant to chapter 120.  The public agency

  3  designated in the plan shall order such system within 6 months

  4  after publication date of the plan if the public agency is in

  5  receipt of funds appropriated by the Legislature for the

  6  implementation and maintenance of the "911" system. Any

  7  jurisdiction which has utilized local funding as of July 1,

  8  1976, to begin the implementation of the state plan as set

  9  forth in this section shall be eligible for at least a partial

10  reimbursement of its direct cost when, and if, state funds are

11  available for such reimbursement.

12         (5)  SYSTEM DIRECTOR.--The director secretary of the

13  office department or his or her designee is designated as the

14  director of the statewide emergency telephone number "911"

15  system and, for the purpose of carrying out the provisions of

16  this section, is authorized to coordinate the activities of

17  the system with state, county, local, and private agencies.

18  The director is authorized to employ not less than five

19  persons, three of whom will be at the professional level, one

20  at the secretarial level, and one to fill a fiscal position,

21  for the purpose of carrying out the provisions of this

22  section.  The director in implementing the system shall

23  consult, cooperate, and coordinate with local law enforcement

24  agencies.

25         (7)  TELEPHONE INDUSTRY COORDINATION.--The office

26  department shall coordinate with the Florida Public Service

27  Commission which shall encourage the Florida telephone

28  industry to activate facility modification plans for a timely

29  "911" implementation.

30

31


                                  3

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






    SB 1142                                 Second Engrossed (ntc)



  1         (9)  SYSTEM APPROVAL.--No emergency telephone number

  2  "911" system shall be established and no present system shall

  3  be expanded without prior approval of the office department.

  4         (10)  COMPLIANCE.--All public agencies shall assist the

  5  office department in their efforts to carry out the intent of

  6  this section, and such agencies shall comply with the

  7  developed plan.

  8         (12)  FEDERAL ASSISTANCE.--The secretary of the office

  9  department or his or her designee may apply for and accept

10  federal funding assistance in the development and

11  implementation of a statewide emergency telephone number "911"

12  system.

13         (13)  "911" FEE.--

14         (a)  Following approval by referendum as set forth in

15  paragraph (b), or following approval by a majority vote of its

16  board of county commissioners, a county may impose a "911" fee

17  to be paid by the local exchange subscribers within its

18  boundaries served by the "911" service.  Proceeds from the

19  "911" fee shall be used only for "911" expenditures as set

20  forth in subparagraph 6.  The manner of imposing and

21  collecting said payment shall be as follows:

22         1.  At the request of the county subscribing to "911"

23  service, the telephone company shall, insofar as is

24  practicable, bill the "911" fee to the local exchange

25  subscribers served by the "911" service, on an individual

26  access line basis, at a rate not to exceed 50 cents per month

27  per line (up to a maximum of 25 access lines per account bill

28  rendered).  However, the fee may not be assessed on any pay

29  telephone in this state.  A county collecting the fee for the

30  first time may collect the fee for no longer than 36 months

31  without initiating the acquisition of its "911" equipment.


                                  4

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






    SB 1142                                 Second Engrossed (ntc)



  1         2.  Fees collected by the telephone company pursuant to

  2  subparagraph 1. shall be returned to the county, less the

  3  costs of administration retained pursuant to paragraph (c).

  4  The county shall provide a minimum of 90 days' written notice

  5  to the telephone company prior to the collection of any "911"

  6  fees.

  7         3.  Any county that currently has an operational "911"

  8  system or that is actively pursuing the implementation of a

  9  "911" system shall establish a fund to be used exclusively for

10  receipt and expenditure of "911" fee revenues collected

11  pursuant to this section.  All fees placed in said fund, and

12  any interest accrued thereupon, shall be used solely for "911"

13  costs described in subparagraph 6.  The money collected and

14  interest earned in this fund shall be appropriated for "911"

15  purposes by the county commissioners and incorporated into the

16  annual county budget.  The county shall annually have a

17  financial audit performed on this fund, in accordance with s.

18  11.45.  A report of the audit shall be forwarded to the office

19  department within 60 days of its completion.  A county may

20  carry forward on an annual basis unspent moneys in the fund

21  for expenditures allowed by this section, or it may reduce its

22  fee. However, in no event shall a county carry forward more

23  than 10 percent of the "911" fee billed for the prior year.

24  The amount of moneys carried forward each year may be

25  accumulated in order to allow for capital improvements

26  described in this subsection.  The carryover shall be

27  documented by resolution of the board of county commissioners

28  expressing the purpose of the carryover or by an adopted

29  capital improvement program identifying projected expansion or

30  replacement expenditures for "911" equipment and service

31  features, or both.  In no event shall the "911" fee carryover


                                  5

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






    SB 1142                                 Second Engrossed (ntc)



  1  surplus moneys be used for any purpose other than for the

  2  "911" equipment, service features, and installation charges

  3  authorized in subparagraph 6. Nothing in this section shall

  4  prohibit a county from using other sources of revenue for

  5  improvements, replacements, or expansions of its "911" system.

  6  A county may increase its fee for purposes authorized in this

  7  section. However, in no case shall the fee exceed 50 cents per

  8  month per line.  All current "911" fees shall be reported to

  9  the office department within 30 days of the start of each

10  county's fiscal period. Any fee adjustment made by a county

11  shall be reported to the office department.  A county shall

12  give the telephone company a 90-day written notice of such fee

13  adjustment.

14         4.  The telephone company shall have no obligation to

15  take any legal action to enforce collection of the "911" fee.

16  The telephone company shall provide quarterly to the county a

17  list of the names, addresses, and telephone numbers of any and

18  all subscribers who have identified to the telephone company

19  their refusal to pay the "911" fee.

20         5.  The county subscribing to "911" service shall

21  remain liable to the telephone company for any "911" service,

22  equipment, operation, or maintenance charge owed by the county

23  to the telephone company.

24

25  As used in this paragraph, "telephone company" means an

26  exchange telephone service provider of "911" service or

27  equipment to any county within its certificated area.

28         6.  It is the intent of the Legislature that the "911"

29  fee authorized by this section to be imposed by counties will

30  not necessarily provide the total funding required for

31  establishing or providing the "911" service.  For purposes of


                                  6

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






    SB 1142                                 Second Engrossed (ntc)



  1  this section, "911" service includes the functions of database

  2  management, call taking, location verification, and call

  3  transfer.  The following costs directly attributable to the

  4  establishment and/or provision of "911" service are eligible

  5  for expenditure of moneys derived from imposition of the "911"

  6  fee authorized by this section:  the acquisition,

  7  implementation, and maintenance of Public Safety Answering

  8  Point (PSAP) equipment and "911" service features, as defined

  9  in the Florida Public Service Commission's lawfully approved

10  "911" and related tariffs and/or the acquisition,

11  installation, and maintenance of other "911" equipment,

12  including call answering equipment, call transfer equipment,

13  ANI controllers, ALI controllers, ANI displays, ALI displays,

14  station instruments, "911" telecommunications systems,

15  teleprinters, logging recorders, instant playback recorders,

16  telephone devices for the deaf (TDD) used in the "911" system,

17  PSAP backup power systems, consoles, automatic call

18  distributors, and interfaces (hardware and software) for

19  computer-aided dispatch (CAD) systems; salary and associated

20  expenses for "911" call takers for that portion of their time

21  spent taking and transferring "911" calls; salary and

22  associated expenses for a county to employ a full-time

23  equivalent "911" coordinator position and a full-time

24  equivalent staff assistant position per county for the portion

25  of their time spent administrating the "911" system; training

26  costs for PSAP call takers in the proper methods and

27  techniques used in taking and transferring "911" calls; and

28  expenses required to develop and maintain all information (ALI

29  and ANI databases and other information source repositories)

30  necessary to properly inform call takers as to location

31  address, type of emergency, and other information directly


                                  7

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






    SB 1142                                 Second Engrossed (ntc)



  1  relevant to the "911" call-taking and transferring function;

  2  and, in a county defined in s. 125.011(1), such expenses

  3  related to a nonemergency "311" system, or similar

  4  nonemergency system, which improves the overall efficiency of

  5  an existing "911" system or reduces "911" emergency response

  6  time for a 2-year pilot project that ends June 30, 2003.

  7  However, no wireless telephone service provider shall be

  8  required to participate in this pilot project or to otherwise

  9  implement a nonemergency "311" system or similar nonemergency

10  system. The "911" fee revenues shall not be used to pay for

11  any item not listed, including, but not limited to, any

12  capital or operational costs for emergency responses which

13  occur after the call transfer to the responding public safety

14  entity and the costs for constructing buildings, leasing

15  buildings, maintaining buildings, or renovating buildings,

16  except for those building modifications necessary to maintain

17  the security and environmental integrity of the PSAP and "911"

18  equipment rooms.

19         7.  It is the goal of the Legislature that enhanced

20  "911" service be available throughout the state.  Expenditure

21  by counties of the "911" fees authorized by this section

22  should support this goal to the greatest extent feasible

23  within the context of local service needs and fiscal

24  capability. Nothing in this section shall be construed to

25  prohibit two or more counties from establishing a combined

26  emergency "911" telephone service by interlocal agreement and

27  utilizing the "911" fees authorized by this section for such

28  combined "911" service.

29         (b)  If a county elects to obtain approval of a "911"

30  fee by referendum, it shall arrange to place a question on the

31


                                  8

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






    SB 1142                                 Second Engrossed (ntc)



  1  ballot at the next regular or special election to be held

  2  within the county, substantially as follows:

  3

  4         .... I am in favor of the "911" emergency telephone

  5  system fee.

  6         .... I am against the "911" emergency telephone system

  7  fee.

  8

  9  If a majority of the electors voting on the question approve

10  the fee, it may be imposed by the county.

11         (c)  Any county imposing a "911" fee in accordance with

12  the provisions of this subsection shall allow the telephone

13  company to retain as an administrative fee an amount equal to

14  1 percent of the total "911" fee collected by the telephone

15  company.

16         Section 2.  Paragraph (d) of subsection (2), paragraph

17  (e) of subsection (3), subsection (4), paragraph (a) of

18  subsection (5), and paragraphs (c) and (d) of subsection (6)

19  of section 365.172, Florida Statutes, are amended to read:

20         365.172  Wireless emergency telephone number "E911."--

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

22  Legislature finds and declares that:

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

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

25  counties, the Wireless 911 Board under the State Technology

26  Office Department of Management Services, and commercial

27  mobile radio service providers to improve the public health,

28  safety, and welfare and serve a public purpose by providing

29  emergency telephone assistance through wireless

30  communications.

31


                                  9

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






    SB 1142                                 Second Engrossed (ntc)



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

  2  365.173 and 365.174, the term:

  3         (e)  "Office" "Department" means the State Technology

  4  Office Department of Management Services.

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

  6  office department shall oversee the administration of the fee

  7  imposed on subscribers of statewide E911 service under

  8  subsection (8).

  9         (5)  THE WIRELESS 911 BOARD.--

10         (a)  The Wireless 911 Board is established to

11  administer, with oversight by the office department, the fee

12  imposed under subsection (8), including receiving revenues

13  derived from the fee; distributing portions of such revenues

14  to providers, counties, and the office department; accounting

15  for receipts, distributions, and income derived by the funds

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

17  Governor and the Legislature for submission by the office

18  department on amounts collected and expended, the purposes for

19  which expenditures have been made, and the status of wireless

20  E911 service in this state. In order to advise and assist the

21  office department in carrying out the purposes of this

22  section, the board, which shall have the power of a body

23  corporate, shall have the powers enumerated in subsection (6).

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

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

26  prepare a report for submission by the office department to

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

28  the House of Representatives which reflects, for the

29  immediately preceding calendar year, the quarterly and annual

30  receipts and disbursements of moneys in the fund, the purposes

31  for which disbursements of moneys from the fund have been


                                  10

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






    SB 1142                                 Second Engrossed (ntc)



  1  made, and the availability and status of implementation of

  2  E911 service in this state.

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

  4  and complete a study for submission by the office department

  5  to the Governor, the President of the Senate, and the Speaker

  6  of the House of Representatives which addresses:

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

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

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

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

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

12  allocation percentages set forth in s. 365.173 should be

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

14  so, a recommended adjustment to the E911 fee.

15         3.  Any other issues related to providing wireless E911

16  services.

17         Section 3.  Subsections (1) and (2) of section 365.173,

18  Florida Statutes, are amended to read:

19         365.173  Wireless Emergency Telephone System Fund.--

20         (1)  All revenues derived from the E911 fee levied on

21  subscribers under s. 365.172 must be paid into the State

22  Treasury on or before the 15th day of each month. Such moneys

23  must be accounted for in a special fund to be designated as

24  the Wireless Emergency Telephone System Fund, a fund created

25  in the State Technology Office and must be invested by the

26  State Treasurer pursuant to s. 18.125 Department of Management

27  Services as an insured, interest-bearing account. All moneys

28  in such fund are to be expended by the State Technology Office

29  Department of Management Services for the purposes provided in

30  this section and s. 365.172. These funds are not subject to s.

31  215.20.


                                  11

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






    SB 1142                                 Second Engrossed (ntc)



  1         (2)  Subject to any modifications approved by the board

  2  pursuant to s. 365.172(8)(c), the moneys in the fund shall be

  3  distributed and used only as follows:

  4         (a)  Forty-four percent of the moneys shall be held in

  5  escrow in an insured, interest-bearing account and distributed

  6  each month to counties, based on the total number of wireless

  7  subscriber billing addresses in each county, for payment of:

  8         1.  Recurring costs of providing 911 or E911 service,

  9  as provided by s. 365.171(13)(a)6.

10         2.  Costs to comply with the requirements for E911

11  service contained in the order and any future rules related to

12  the order.

13

14  A county may carry forward, for up to 3 successive calendar

15  years, up to 30 percent of the total funds disbursed to the

16  county by the board during a calendar year for expenditures

17  for capital outlay, capital improvements, or equipment

18  replacement, if such expenditures are made for the purposes

19  specified in this paragraph.

20         (b)  Fifty-four percent of the moneys shall be held in

21  escrow in an insured, interest-bearing account and distributed

22  in response to sworn invoices submitted to the board by

23  providers to reimburse such providers for the actual costs

24  incurred to provide 911 or E911 service, including the costs

25  of complying with the order. Such costs include costs and

26  expenses incurred by providers to design, purchase, lease,

27  program, install, test, upgrade, operate, and maintain all

28  necessary data, hardware, and software required to provide

29  E911 service. Up to 2 percent of the funds allocated to

30  providers shall be retained by the board to be applied to

31  costs and expenses incurred for the purposes of managing,


                                  12

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






    SB 1142                                 Second Engrossed (ntc)



  1  administering, and overseeing the receipts and disbursements

  2  from the fund. Any funds retained for such purposes in a

  3  calendar year which are not applied to such costs and expenses

  4  by March 31 of the following year shall be distributed to

  5  providers pursuant to this paragraph. Beginning in state

  6  fiscal year 2000-2001, each provider shall submit to the

  7  board, by August 1 of each year, a detailed estimate of the

  8  capital and operating expenses for which it anticipates that

  9  it will seek reimbursement under this paragraph during the

10  ensuing state fiscal year. By September 15 1 of each year, the

11  board shall submit to the Legislature its legislative budget

12  request for funds to be allocated to providers under this

13  paragraph during the ensuing state fiscal year. The budget

14  request shall be based on the information submitted by the

15  providers and estimated surcharge revenues. Distributions of

16  moneys in the fund by the board to providers must be fair and

17  nondiscriminatory. If the total amount of moneys requested by

18  providers pursuant to invoices submitted to the board and

19  approved for payment exceeds the amount in the fund in any

20  month, providers that have invoices approved for payment shall

21  receive a pro rata share of moneys in the fund and the balance

22  of the payments shall be carried over to the following month

23  or months until all of the approved payments are made. The

24  board may adopt rules necessary to address the manner in which

25  pro rata distributions are made when the total amount of funds

26  requested by providers pursuant to invoices submitted to the

27  board exceeds the total amount of moneys on deposit in the

28  fund.

29         (c)  Two percent of the moneys shall be used to make

30  monthly distributions to rural counties for the purpose of

31  providing facilities and network and service enhancements and


                                  13

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






    SB 1142                                 Second Engrossed (ntc)



  1  assistance for the 911 or E911 systems operated by rural

  2  counties and for the provision of reimbursable loans and

  3  grants by the office department to rural counties for

  4  upgrading 911 systems.

  5

  6  The Legislature recognizes that the wireless E911 fee

  7  authorized under s. 365.172 will not necessarily provide the

  8  total funding required for establishing or providing the 911

  9  service. It is the intent of the Legislature that all revenue

10  from the fee be used as specified in s. 365.171(13)(a)6.

11         Section 4.  Subsection (1) of section 365.174, Florida

12  Statutes, is amended to read:

13         365.174  Proprietary confidential business

14  information.--

15         (1)  All proprietary confidential business information

16  submitted by a provider to the board or the office department,

17  including the name and billing or service addresses of service

18  subscribers, and trade secrets as defined by s. 812.081, is

19  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

20  of the State Constitution. Statistical abstracts of

21  information collected by the board or the office department

22  may be released or published, but only in a manner that does

23  not identify or allow identification of subscribers or their

24  service numbers or of revenues attributable to any provider.

25         Section 5.  This act shall take effect upon becoming a

26  law.

27

28

29

30

31


                                  14

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