House Bill hb1379

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    Florida House of Representatives - 2001                HB 1379

        By Representative Flanagan






  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; amending s. 365.173, F.S.;

10         authorizing the State Treasurer to invest

11         moneys in the Wireless Emergency Telephone

12         System Fund; removing requirements that funds

13         be held in escrow; revising the date for

14         submission of the legislative budget request;

15         providing an effective date.

16

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

18

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

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

21  amended to read:

22         365.171  Emergency telephone number "911."--

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

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

25  Office Department of Management Services.

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

27  political subdivision of the state and its agencies.

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

29  county, city and county, municipal corporation, chartered

30  organization, public district, or public authority located in

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

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  1  authority to provide, firefighting, law enforcement,

  2  ambulance, medical, or other emergency services.

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

  4  of a public agency which provides firefighting, law

  5  enforcement, medical, or other emergency services.

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

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

  8  plan shall provide for:

  9         (a)  The establishment of the public agency emergency

10  telephone communications requirements for each entity of local

11  government in the state.

12         (b)  A system to meet specific local government

13  requirements.  Such system shall include law enforcement,

14  firefighting, and emergency medical services and may include

15  other emergency services such as poison control, suicide

16  prevention, and emergency management services.

17         (c)  Identification of the mutual aid agreements

18  necessary to obtain an effective "911" system.

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

20  necessary to implement the "911" system.

21         (e)  A firm implementation schedule which shall include

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

23  within 24 months after the designated agency of the local

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

25  "911" system.

26

27  The office department shall be responsible for the

28  implementation and coordination of such plan.  The office

29  department shall adopt any necessary rules and schedules

30  related to public agencies for implementing and coordinating

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

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

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

  3  receipt of funds appropriated by the Legislature for the

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

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

  6  1976, to begin the implementation of the state plan as set

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

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

  9  available for such reimbursement.

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

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

12  director of the statewide emergency telephone number "911"

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

14  this section, is authorized to coordinate the activities of

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

16  The director is authorized to employ not less than five

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

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

19  for the purpose of carrying out the provisions of this

20  section.  The director in implementing the system shall

21  consult, cooperate, and coordinate with local law enforcement

22  agencies.

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

24  department shall coordinate with the Florida Public Service

25  Commission which shall encourage the Florida telephone

26  industry to activate facility modification plans for a timely

27  "911" implementation.

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

29  "911" system shall be established and no present system shall

30  be expanded without prior approval of the office department.

31

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

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

  3  this section, and such agencies shall comply with the

  4  developed plan.

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

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

  7  federal funding assistance in the development and

  8  implementation of a statewide emergency telephone number "911"

  9  system.

10         (13)  "911" FEE.--

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

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

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

14  to be paid by the local exchange subscribers within its

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

16  "911" fee shall be used only for "911" expenditures as set

17  forth in subparagraph 6.  The manner of imposing and

18  collecting said payment shall be as follows:

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

20  service, the telephone company shall, insofar as is

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

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

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

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

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

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

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

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

29         2.  Fees collected by the telephone company pursuant to

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

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

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

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

  3  fees.

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

  5  system or that is actively pursuing the implementation of a

  6  "911" system shall establish a fund to be used exclusively for

  7  receipt and expenditure of "911" fee revenues collected

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

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

10  costs described in subparagraph 6.  The money collected and

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

12  purposes by the county commissioners and incorporated into the

13  annual county budget.  The county shall annually have a

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

15  11.45.  A report of the audit shall be forwarded to the office

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

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

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

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

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

21  The amount of moneys carried forward each year may be

22  accumulated in order to allow for capital improvements

23  described in this subsection.  The carryover shall be

24  documented by resolution of the board of county commissioners

25  expressing the purpose of the carryover or by an adopted

26  capital improvement program identifying projected expansion or

27  replacement expenditures for "911" equipment and service

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

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

30  "911" equipment, service features, and installation charges

31  authorized in subparagraph 6. Nothing in this section shall

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  1  prohibit a county from using other sources of revenue for

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

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

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

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

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

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

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

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

10  adjustment.

11         4.  The telephone company shall have no obligation to

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

13  The telephone company shall provide quarterly to the county a

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

15  all subscribers who have identified to the telephone company

16  their refusal to pay the "911" fee.

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

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

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

20  to the telephone company.

21

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

23  exchange telephone service provider of "911" service or

24  equipment to any county within its certificated area.

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

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

27  not necessarily provide the total funding required for

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

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

30  management, call taking, location verification, and call

31  transfer.  The following costs directly attributable to the

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

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

  3  fee authorized by this section:  the acquisition,

  4  implementation, and maintenance of Public Safety Answering

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

  6  in the Florida Public Service Commission's lawfully approved

  7  "911" and related tariffs and/or the acquisition,

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

  9  including call answering equipment, call transfer equipment,

10  ANI controllers, ALI controllers, ANI displays, ALI displays,

11  station instruments, "911" telecommunications systems,

12  teleprinters, logging recorders, instant playback recorders,

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

14  PSAP backup power systems, consoles, automatic call

15  distributors, and interfaces (hardware and software) for

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

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

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

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

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

21  equivalent staff assistant position per county for the portion

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

23  costs for PSAP call takers in the proper methods and

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

25  expenses required to develop and maintain all information (ALI

26  and ANI databases and other information source repositories)

27  necessary to properly inform call takers as to location

28  address, type of emergency, and other information directly

29  relevant to the "911" call-taking and transferring function.

30  The "911" fee revenues shall not be used to pay for any item

31  not listed, including, but not limited to, any capital or

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  1  operational costs for emergency responses which occur after

  2  the call transfer to the responding public safety entity and

  3  the costs for constructing buildings, leasing buildings,

  4  maintaining buildings, or renovating buildings, except for

  5  those building modifications necessary to maintain the

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

  7  equipment rooms.

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

  9  "911" service be available throughout the state.  Expenditure

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

11  should support this goal to the greatest extent feasible

12  within the context of local service needs and fiscal

13  capability. Nothing in this section shall be construed to

14  prohibit two or more counties from establishing a combined

15  emergency "911" telephone service by interlocal agreement and

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

17  combined "911" service.

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

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

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

21  within the county, substantially as follows:

22

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

24  system fee.

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

26  fee.

27

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

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

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

31  the provisions of this subsection shall allow the telephone

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

  2  1 percent of the total "911" fee collected by the telephone

  3  company.

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

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

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

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

  8         365.172  Wireless emergency telephone number "E911."--

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

10  Legislature finds and declares that:

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

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

13  counties, the Wireless 911 Board under the State Technology

14  Office Department of Management Services, and commercial

15  mobile radio service providers to improve the public health,

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

17  emergency telephone assistance through wireless

18  communications.

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

20  365.173 and 365.174, the term:

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

22  Office Department of Management Services.

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

24  office department shall oversee the administration of the fee

25  imposed on subscribers of statewide E911 service under

26  subsection (8).

27         (5)  THE WIRELESS 911 BOARD.--

28         (a)  The Wireless 911 Board is established to

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

30  imposed under subsection (8), including receiving revenues

31  derived from the fee; distributing portions of such revenues

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

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

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

  4  Governor and the Legislature for submission by the office

  5  department on amounts collected and expended, the purposes for

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

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

  8  office department in carrying out the purposes of this

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

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

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

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

13  prepare a report for submission by the office department to

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

15  the House of Representatives which reflects, for the

16  immediately preceding calendar year, the quarterly and annual

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

18  for which disbursements of moneys from the fund have been

19  made, and the availability and status of implementation of

20  E911 service in this state.

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

22  and complete a study for submission by the office department

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

24  of the House of Representatives which addresses:

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

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

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

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

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

30  allocation percentages set forth in s. 365.173 should be

31

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

  2  so, a recommended adjustment to the E911 fee.

  3         3.  Any other issues related to providing wireless E911

  4  services.

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

  6  Florida Statutes, are amended to read:

  7         365.173  Wireless Emergency Telephone System Fund.--

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

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

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

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

12  the Wireless Emergency Telephone System Fund, a fund created

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

14  State Treasurer pursuant to s. 18.125 Department of Management

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

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

17  Department of Management Services for the purposes provided in

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

19  215.20.

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

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

22  distributed and used only as follows:

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

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

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

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

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

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

29         2.  Costs to comply with the requirements for E911

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

31  the order.

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  1

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

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

  4  county by the board during a calendar year for expenditures

  5  for capital outlay, capital improvements, or equipment

  6  replacement, if such expenditures are made for the purposes

  7  specified in this paragraph.

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

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

10  in response to sworn invoices submitted to the board by

11  providers to reimburse such providers for the actual costs

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

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

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

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

16  necessary data, hardware, and software required to provide

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

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

19  costs and expenses incurred for the purposes of managing,

20  administering, and overseeing the receipts and disbursements

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

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

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

24  providers pursuant to this paragraph. Beginning in state

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

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

27  capital and operating expenses for which it anticipates that

28  it will seek reimbursement under this paragraph during the

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

30  board shall submit to the Legislature its legislative budget

31  request for funds to be allocated to providers under this

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  1  paragraph during the ensuing state fiscal year. The budget

  2  request shall be based on the information submitted by the

  3  providers and estimated surcharge revenues. Distributions of

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

  5  nondiscriminatory. If the total amount of moneys requested by

  6  providers pursuant to invoices submitted to the board and

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

  8  month, providers that have invoices approved for payment shall

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

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

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

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

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

14  requested by providers pursuant to invoices submitted to the

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

16  fund.

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

18  monthly distributions to rural counties for the purpose of

19  providing facilities and network and service enhancements and

20  assistance for the 911 or E911 systems operated by rural

21  counties and for the provision of reimbursable loans and

22  grants by the office department to rural counties for

23  upgrading 911 systems.

24

25  The Legislature recognizes that the wireless E911 fee

26  authorized under s. 365.172 will not necessarily provide the

27  total funding required for establishing or providing the 911

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

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

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

31  Statutes, is amended to read:

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  1         365.174  Proprietary confidential business

  2  information.--

  3         (1)  All proprietary confidential business information

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

  5  including the name and billing or service addresses of service

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

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

  8  of the State Constitution. Statistical abstracts of

  9  information collected by the board or the office department

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

11  not identify or allow identification of subscribers or their

12  service numbers or of revenues attributable to any provider.

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

14  law.

15

16            *****************************************

17                          SENATE SUMMARY

18    Transfers state control over the Florida Emergency
      Telephone Act and the Wireless Emergency Communications
19    Act from the Department of Management Services to the
      Office of State Technology. Removes the requirement that
20    moneys in the Wireless Emergency Telephone System Fund be
      held in escrow in insured, interest-bearing accounts and
21    provides for investment of the moneys by the State
      Treasurer. Changes the date for submission of the
22    legislative budget request of the Wireless 911 Board.

23

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