HB 1307 2003
1	A bill to be entitled
2	An act relating to emergency communications; amending s.
3	365.172, F.S.; defining the terms "active prepaid wireless
4	telephone," "mobile telephone number," "prepaid wireless
5	telephone service," and "sufficient positive balance" for
6	purposes of wireless emergency communications; prescribing
7	additional duties of the board of directors of the
8	Wireless 911 Board with respect to 911 and E911 systems;
9	prescribing a method of collecting the wireless E911 fee
10	in instances in which the wireless telephone service to
11	which the surcharge applies is prepaid; providing for
12	colocation of wireless telecommunications facilities;
13	providing for location of such facilities on government
14	buildings; exempting such facilities from certain local
15	government regulation; amending s. 365.173, F.S.;
16	authorizing disbursements from the Wireless Emergency
17	Telephone System Fund for activities of the board of
18	directors of the Wireless 911 Board; creating s. 365.175,
19	F.S.; requiring new private branch exchange telephone
20	systems to have automatic location identification
21	capabilities; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1. Subsection (3), paragraph (a) of subsection
26	(6), and subsection (9) of section 365.172, Florida Statutes,
27	are amended, present subsections (11) and (12) of that section
28	are renumbered as subsections (12) and (13), respectively, and a
29	new subsection (11) is added to that section to read:
30	365.172 Wireless emergency telephone number "E911."--
31	(3) DEFINITIONS.--As used in this section and ss. 365.173
32	and 365.174, the term:
33	(a) "Active prepaid wireless telephone" means a prepaid
34	wireless telephone that has been used by the customer during the
35	month to complete a telephone call for which the customer's card
36	or balance was decremented.
37	(b)(a)"Answering point" means the public safety agency
38	that receives incoming 911 calls and dispatches appropriate
39	public safety agencies to respond to such calls.
40	(c)(b)"Automatic location identification" means the
41	capability of the E911 service which enables the automatic
42	display of information that defines the approximate geographic
43	location of the wireless telephone used to place a 911 call.
44	(d)(c)"Automatic number identification" means the
45	capability of the E911 service which enables the automatic
46	display of the 10-digit service number used to place a 911 call.
47	(e)(d)"Board" means the board of directors of the
48	Wireless 911 Board.
49	(f)(e)"Office" means the State Technology Office.
50	(g)(f)"E911" is the designation for a wireless enhanced
51	911 system or wireless enhanced 911 service that is an emergency
52	telephone system or service that provides a subscriber with
53	wireless 911 service and, in addition, directs 911 calls to
54	appropriate public safety answering points by selective routing
55	based on the geographical location from which the call
56	originated, or as otherwise provided in the state plan under s.
57	365.171, and that provides for automatic number identification
58	and automatic location-identification features in accordance
59	with the requirements of the order.
60	(h)(g)"Fee" means the E911 fee imposed under subsection
61	(8).
62	(i)(h)"Fund" means the Wireless Emergency Telephone
63	System Fund established in s. 365.173 and maintained under this
64	section for the purpose of recovering the costs associated with
65	providing 911 service or E911 service, including the costs of
66	implementing the order.
67	(j)(i)"Local exchange carrier" means an "alternative
68	local exchange telecommunications company" or a "local exchange
69	telecommunications company" as defined in s. 364.02.
70	(k)(j)"Local government" means any municipality, county,
71	or political subdivision or agency of a municipality, county, or
72	political subdivision.
73	(l) "Mobile telephone number" or "MTN" means the telephone
74	number assigned to a wireless telephone at the time of initial
75	activation.
76	(m)(k)"Order" means:
77	1. The following orders and rules of the Federal
78	Communications Commission issued in FCC Docket No. 94-102:
79	a. Order adopted on June 12, 1996, with an effective date
80	of October 1, 1996, the amendments to s. 20.03 and the creation
81	of s. 20.18 of Title 47 of the Code of Federal Regulations
82	adopted by the Federal Communications Commission pursuant to
83	such order.
84	b. Memorandum and Order No. FCC 97-402 adopted on December
85	23, 1997.
86	c. Order No. FCC DA 98-2323 adopted on November 13, 1998.
87	d. Order No. FCC 98-345 adopted December 31, 1998.
88	2. Orders and rules subsequently adopted by the Federal
89	Communications Commission relating to the provision of wireless
90	911 services.
91	(n)(l)"Provider" means a person or entity who provides
92	service and either:
93	1. Is subject to the requirements of the order; or
94	2. Elects to provide wireless 911 service or E911 service
95	in this state.
96	(o) "Prepaid wireless telephone service" means wireless
97	telephone service that is activated in advance by payment for a
98	finite dollar amount of service or for a finite set of minutes
99	that terminate either upon use by a customer and delivery by the
100	wireless provider of an agreed-upon amount of service
101	corresponding to the total dollar amount paid in advance or
102	within a certain period of time following the initial purchase
103	or activation, unless additional payments are made.
104	(p)(m)"Public agency" means the state and any
105	municipality, county, municipal corporation, or other
106	governmental entity, public district, or public authority
107	located in whole or in part within this state which provides, or
108	has authority to provide, firefighting, law enforcement,
109	ambulance, medical, or other emergency services.
110	(q)(n)"Public safety agency" means a functional division
111	of a public agency which provides firefighting, law enforcement,
112	medical, or other emergency services.
113	(r)(o)"Rural county" means any county that has a
114	population of fewer than 75,000.
115	(s)(p)"Service" means "commercial mobile radio service"
116	as provided under ss. 3(27) and 332(d) of the Federal
117	Telecommunications Act of 1996, 47 U.S.C., ss. 151 et seq., and
118	the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-
119	66, August 10, 1993, 107 Stat. 312. The term "service" includes
120	the term "wireless" and service provided by any wireless real-
121	time two-way wire communication device, including radio-
122	telephone communications used in cellular telephone service;
123	personal communications service; or the functional or
124	competitive equivalent of a radio-telephone communications line
125	used in cellular telephone service, a personal communications
126	service, or a network radio access line. The term does not
127	include wireless providers that offer mainly dispatch service in
128	a more localized, noncellular configuration; providers offering
129	only data, one-way, or stored-voice services on an
130	interconnected basis; providers of air-to-ground services; or
131	public coast stations.
132	(t)(q)"Service number" means the unique 10-digit wireless
133	telephone number assigned to a service subscriber.
134	(u) "Sufficient positive balance" means a dollar amount
135	greater than or equal to the monthly wireless surcharge amount.
136	(v)(r)"Wireless 911 system" or "wireless 911 service"
137	means an emergency telephone system or service that provides a
138	subscriber with the ability to reach an answering point by
139	dialing the digits "911." A wireless 911 system is complementary
140	to a wired 911 system as provided for in s. 365.171.
141	(6) AUTHORITY OF THE BOARD; ANNUAL REPORT.--
142	(a) The board shall:
143	1. Administer the E911 fee.
144	2. Implement, maintain, and oversee the fund.
145	3. Review and oversee the disbursement of the revenues
146	deposited into the fund as provided in s. 365.173. The board may
147	establish a schedule for implementing wireless E911 service by
148	service area, and prioritize disbursements of revenues from the
149	fund to providers and rural counties as provided in s.
150	365.173(2)(b) and (c) pursuant to the schedule, in order to
151	implement E911 services in the most efficient and cost-effective
152	manner.
153	4. Review documentation submitted by providers which
154	reflects current and projected funds derived from the E911 fee,
155	and the expenses incurred and expected to be incurred, in order
156	to comply with the E911 service requirements contained in the
157	order for the purposes of:
158	a. Ensuring that providers receive fair and equitable
159	distributions of funds from the fund.
160	b. Ensuring that providers are not provided disbursements
161	from the fund which exceed the costs of providing E911 service,
162	including the costs of complying with the order.
163	c. Ascertaining the projected costs of compliance with the
164	requirements of the order and projected collections of the E911
165	fee.
166	d. Implementing changes to the allocation percentages or
167	reducing the E911 fee under paragraph (8)(c).
168	5. Review and approve or reject, in whole or in part,
169	applications submitted by providers for recovery of moneys
170	deposited into the fund.
171	6. Hire and retain employees for the purposes of
172	performing administrative functions for the board.
173	7. Make and enter into contracts, pursuant to chapter 287,
174	and execute other instruments necessary or convenient for the
175	exercise of the powers and functions of the board.
176	8. Take all necessary and reasonable steps by July 1,
177	2000, to secure appropriate information and reports from
178	providers and otherwise perform all of the functions that would
179	be performed by an independent accounting firm prior to
180	completing the request-for-proposals process under subsection
181	(7).
182	9. Sue and be sued, and appear and defend in all actions
183	and proceedings, in its corporate name to the same extent as a
184	natural person.
185	10. Adopt, use, and alter a common corporate seal.
186	11. Elect or appoint the officers and agents that are
187	required by the affairs of the board.
188	12. The board may adopt rules under ss. 120.536(1) and
189	120.54 to implement this section and ss. 365.173 and 365.174.
190	13. Provide coordination, support, and technical
191	assistance to counties to promote the deployment of advanced 911
192	and E911 systems in the state.
193	14. Provide coordination and support for educational
194	opportunities related to 911 issues for the 911 community in
195	this state.
196	15. Act as an advocate for issues related to 911 system
197	functions, features, and operations to improve the delivery of
198	911 services to the residents of and visitors to this state.
199	16. Coordinate input from this state at national forums
200	and associations, to ensure that policies related to 911 systems
201	and services are consistent with the policies of the 911
202	community in this state.
203	17. Work cooperatively with the system director
204	established in s. 365.171(5) to enhance the state of 911
205	services in this state and to provide unified leadership for all
206	911 issues through planning and coordination.
207	18.13.Do all acts and things necessary or convenient to
208	carry out the powers granted in this section, including but not
209	limited to, consideration of emerging technology and related
210	cost savings.
211	(9) MANAGEMENT OF FUNDS.--
212	(a) Each provider, as a part of its monthly billing
213	process, shall collect the fee imposed under subsection (8). The
214	provider may list the fee as a separate entry on each bill, in
215	which case the fee must be identified as a fee for E911
216	services. A provider shall remit the fee only if the fee is paid
217	by the subscriber. If a provider receives a partial payment for
218	a monthly bill from a subscriber, the amount received shall
219	first be applied to the payment due the provider for the
220	provision of telecommunications service.
221	(b) In the case of prepaid wireless telephone service, the
222	monthly wireless 911 surcharge imposed by subsection (8) shall
223	be remitted based upon each prepaid wireless telephone
224	associated with this state, for each wireless service customer
225	that has a sufficient positive balance as of the last day of
226	each month. The surcharge shall be remitted in any manner
227	consistent with the wireless provider's existing operating or
228	technological abilities, such as customer address, location
229	associated with the MTN, or reasonable allocation method based
230	upon other comparable relevant data. The surcharge amount or an
231	equivalent number of minutes may be reduced from the prepaid
232	subscriber's account since a direct billing may not be possible.
233	However, collection of the wireless 911 surcharge in the manner
234	of a reduction of value or minutes from the prepaid subscriber's
235	account does not constitute a reduction in the sales price for
236	purposes of taxes that are collected at the point of sale.
237	(c)(b)A provider is not obligated to take any legal
238	action to enforce collection of the fees for which any
239	subscriber is billed. The provider shall provide to the board
240	each quarter a list of the names, addresses, and service numbers
241	of all subscribers who have indicated to the provider their
242	refusal to pay the fee.
243	(d)(c)Each provider may retain 1 percent of the amount of
244	the fees collected as reimbursement for the administrative costs
245	incurred by the provider to bill, collect, and remit the fee.
246	The remainder shall be delivered to the board and deposited in
247	the fund. The board shall distribute the remainder pursuant to
248	s. 365.173.
249	(e)(d)Each provider shall deliver revenues from the fee
250	to the board within 60 days after the end of the month in which
251	the fee was billed, together with a monthly report of the number
252	of wireless customers whose place of primary use is in each
253	county. A provider may apply to the board for a refund of, or
254	may take a credit for, any fees remitted to the board which are
255	not collected by the provider within 6 months following the
256	month in which the fees are charged off for federal income tax
257	purposes as bad debt. The board may waive the requirement that
258	the fees and number of customers whose place of primary use is
259	in each county be submitted to the board each month and
260	authorize a provider to submit the fees and number of customers
261	quarterly if the provider demonstrates that such waiver is
262	necessary and justified.
263	(f)(e)For purposes of this section, the definitions
264	contained in s. 202.11 and the provisions of s. 202.155 apply in
265	the same manner and to the same extent as such definitions and
266	provisions apply to the taxes levied pursuant to chapter 202 on
267	mobile communications services.
268	(g)(f)As used in this subsection, the term "provider"
269	includes any person or entity that resells wireless service and
270	was not assessed the fee by its resale supplier.
271	(11) FACILITATING E911 SERVICE IMPLEMENTATION.--Effective
272	statewide E911 implementation for the purpose of preserving
273	public health, safety, and welfare of the state's residents,
274	tourists, and traveling public requires that service providers
275	have the ability to locate or colocate wireless
276	telecommunications facilities throughout the state. Without this
277	ability, federal law requirements and the purpose of E911 will
278	not be achieved. Notwithstanding any other law or local
279	ordinance to the contrary:
280	(a) A wireless telecommunications facility located on any
281	state-owned or local-government-owned real property, building,
282	or structure pursuant to a lease with the applicable government,
283	or the actual location or colocation of a wireless
284	telecommunications facility on a state or local government
285	building, is not subject to local zoning regulation. However,
286	construction of the facility is subject to local building
287	regulation.
288	(b) To further facilitate agreements among service
289	providers for colocation of their facilities, any wireless
290	telecommunications facility that is being colocated on an
291	existing facility is not subject to local zoning regulation.
292	However, construction of the facility is subject to local
293	building regulation.
294	(c) Any additional wireless telecommunications facility
295	required at an existing site needed to comply with E911 is not
296	subject to any local zoning regulation.
297	(d) An existing wireless telecommunications facility's
298	height may be increased by 10 percent from the original
299	permitted height without the increase being subject to local
300	zoning regulation. However, the increase is subject to
301	applicable federal regulation.
302	(e) Local governments shall not require service providers
303	to provide evidence of a wireless telecommunications facility's
304	compliance with federal regulations.
305	(f) The Department of Management Services shall negotiate,
306	in the name of the state, leases for wireless telecommunications
307	facilities that provide access to state-owned property not
308	acquired for transportation purposes, and the Department of
309	Transportation shall negotiate, in the name of the state, leases
310	for wireless telecommunications facilities that provide access
311	to property acquired for state rights-of-way.
312	Section 2. Paragraph (b) of subsection (2) of section
313	365.173, Florida Statutes, is amended to read:
314	365.173 Wireless Emergency Telephone System Fund.--
315	(2) Subject to any modifications approved by the board
316	pursuant to s. 365.172(8)(c), the moneys in the fund shall be
317	distributed and used only as follows:
318	(b) Fifty-four percent of the moneys shall be distributed
319	in response to sworn invoices submitted to the board by
320	providers to reimburse such providers for the actual costs
321	incurred to provide 911 or E911 service, including the costs of
322	complying with the order. Such costs include costs and expenses
323	incurred by providers to design, purchase, lease, program,
324	install, test, upgrade, operate, and maintain all necessary
325	data, hardware, and software required to provide E911 service.
326	Up to 2 percent of the funds allocated to providers shall be
327	retained by the board to be applied to costs and expenses
328	incurred for the purposes of managing, administering, and
329	overseeing the receipts and disbursements from the fund and
330	other activities as defined in s. 365.172(6). Any funds retained
331	for such purposes in a calendar year which are not applied to
332	such costs and expenses by March 31 of the following year shall
333	be distributed to providers pursuant to this paragraph.
334	Beginning in state fiscal year 2000-2001, each provider shall
335	submit to the board, by August 1 of each year, a detailed
336	estimate of the capital and operating expenses for which it
337	anticipates that it will seek reimbursement under this paragraph
338	during the ensuing state fiscal year. By September 15 of each
339	year, the board shall submit to the Legislature its legislative
340	budget request for funds to be allocated to providers under this
341	paragraph during the ensuing state fiscal year. The budget
342	request shall be based on the information submitted by the
343	providers and estimated surcharge revenues. Distributions of
344	moneys in the fund by the board to providers must be fair and
345	nondiscriminatory. If the total amount of moneys requested by
346	providers pursuant to invoices submitted to the board and
347	approved for payment exceeds the amount in the fund in any
348	month, providers that have invoices approved for payment shall
349	receive a pro rata share of moneys in the fund and the balance
350	of the payments shall be carried over to the following month or
351	months until all of the approved payments are made. The board
352	may adopt rules necessary to address the manner in which pro
353	rata distributions are made when the total amount of funds
354	requested by providers pursuant to invoices submitted to the
355	board exceeds the total amount of moneys on deposit in the fund.
356
357	The Legislature recognizes that the wireless E911 fee authorized
358	under s. 365.172 will not necessarily provide the total funding
359	required for establishing or providing the 911 service. It is
360	the intent of the Legislature that all revenue from the fee be
361	used as specified in s. 365.171(13)(a)6.
362	Section 3. Section 365.175, Florida Statutes, is created
363	to read:
364	365.175 Emergency Telephone Number 911 Private Branch
365	Exchange/Private Switch Automatic Location Identification.--
366	(1) DEFINITIONS.--As used in this section, the term:
367	(a) "Automatic Location Identification" or "ALI" means the
368	automatic display at the Public Safety Answering Point (PSAP) of
369	the caller's telephone number, the address or location of the
370	telephone, and supplementary emergency services information.
371	(b) "Automatic Location Identification (ALI) Retrieval"
372	means the process of querying the 9-1-1 database for ALI
373	records.
374	(c) "Automatic Number Identification (ANI)" means the
375	telephone number associated with the access line from which a
376	call originates.
377	(d) "Private Branch Exchange" or "PBX" means a private
378	telephone system that is connected to the Public Switched
379	Telephone Network (PSTN).
380	(e) "Private Switch ALI (PSA)" means a service option
381	which provides enhanced 9-1-1 features for telephone stations
382	behind private switches. E. g. PBXs.
383	(2) REQUIRED ALI CAPABILITY.--Each PBX system installed
384	after January 1, 2004, must be capable of providing automatic
385	location identification to the station level.
386	Section 4. This act shall take effect July 1, 2003.
387