Senate Bill sb1450c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                    CS for CS for SB 1450

    By the Committees on Comprehensive Planning; Communication and
    Public Utilities; and Senator Bennett




    316-2221-03

  1                      A bill to be entitled

  2         An act relating to emergency communications;

  3         amending s. 365.172, F.S.; defining the terms

  4         "active prepaid wireless telephone," "mobile

  5         telephone number," "prepaid wireless telephone

  6         service," and "sufficient positive balance" for

  7         purposes of wireless emergency communications;

  8         prescribing additional duties of the board of

  9         directors of the Wireless 911 Board with

10         respect to 911 and E911 systems; prescribing a

11         method of collecting the wireless E911 fee in

12         instances in which the wireless telephone

13         service to which the surcharge applies is

14         prepaid; providing for colocation of wireless

15         telecommunications facilities; providing for

16         location of such facilities on government

17         buildings; providing schedules for government

18         response to permit applications; amending s.

19         365.173, F.S.; authorizing disbursements from

20         the Wireless Emergency Telephone System Fund

21         for activities of the board of directors of the

22         Wireless 911 Board; creating s. 365.175, F.S.;

23         requiring new private branch exchange telephone

24         systems to have automatic location

25         identification capabilities; providing an

26         effective date.

27  

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

29  

30         Section 1.  Subsection (3), paragraph (a) of subsection

31  (6), and subsections (7) and (9) of section 365.172, Florida

                                  1

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






    Florida Senate - 2003                    CS for CS for SB 1450
    316-2221-03




 1  Statutes, are amended, present subsections (11) and (12) of

 2  that section are renumbered as subsections (12) and (13),

 3  respectively, and a new subsection (11) is added to that

 4  section to read:

 5         365.172  Wireless emergency telephone number "E911."--

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

 7  365.173 and 365.174, the term:

 8         (a)  "Active prepaid wireless telephone" means a

 9  prepaid wireless telephone that has been used by the customer

10  during the month to complete a telephone call for which the

11  customer's card or balance was decremented.

12         (b)(a)  "Answering point" means the public safety

13  agency that receives incoming 911 calls and dispatches

14  appropriate public safety agencies to respond to such calls.

15         (c)(b)  "Automatic location identification" means the

16  capability of the E911 service which enables the automatic

17  display of information that defines the approximate geographic

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

19         (d)(c)  "Automatic number identification" means the

20  capability of the E911 service which enables the automatic

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

22  call.

23         (e)(d)  "Board" means the board of directors of the

24  Wireless 911 Board.

25         (f)(e)  "Office" means the State Technology Office.

26         (g)(f)  "E911" is the designation for a wireless

27  enhanced 911 system or wireless enhanced 911 service that is

28  an emergency telephone system or service that provides a

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

30  911 calls to appropriate public safety answering points by

31  selective routing based on the geographical location from

                                  2

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






    Florida Senate - 2003                    CS for CS for SB 1450
    316-2221-03




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

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

 3  number identification and automatic location-identification

 4  features in accordance with the requirements of the order.

 5         (h)(g)  "Fee" means the E911 fee imposed under

 6  subsection (8).

 7         (i)(h)  "Fund" means the Wireless Emergency Telephone

 8  System Fund established in s. 365.173 and maintained under

 9  this section for the purpose of recovering the costs

10  associated with providing 911 service or E911 service,

11  including the costs of implementing the order.

12         (j)(i)  "Local exchange carrier" means an "alternative

13  local exchange telecommunications company" or a "local

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

15         (k)(j)  "Local government" means any municipality,

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

17  county, or political subdivision.

18         (l)  "Mobile telephone number" or "MTN" means the

19  telephone number assigned to a wireless telephone at the time

20  of initial activation.

21         (m)(k)  "Order" means:

22         1.  The following orders and rules of the Federal

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

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

25  date of October 1, 1996, the amendments to s. 20.03 and the

26  creation of s. 20.18 of Title 47 of the Code of Federal

27  Regulations adopted by the Federal Communications Commission

28  pursuant to such order.

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

30  December 23, 1997.

31  

                                  3

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






    Florida Senate - 2003                    CS for CS for SB 1450
    316-2221-03




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

 2  1998.

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

 4         2.  Orders and rules subsequently adopted by the

 5  Federal Communications Commission relating to the provision of

 6  wireless 911 services.

 7         (n)(l)  "Provider" means a person or entity who

 8  provides service and either:

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

10         2.  Elects to provide wireless 911 service or E911

11  service in this state.

12         (o)  "Prepaid wireless telephone service" means

13  wireless telephone service that is activated in advance by

14  payment for a finite dollar amount of service or for a finite

15  set of minutes that terminate either upon use by a customer

16  and delivery by the wireless provider of an agreed-upon amount

17  of service corresponding to the total dollar amount paid in

18  advance or within a certain period of time following the

19  initial purchase or activation, unless additional payments are

20  made.

21         (p)(m)  "Public agency" means the state and any

22  municipality, county, municipal corporation, or other

23  governmental entity, public district, or public authority

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

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

26  ambulance, medical, or other emergency services.

27         (q)(n)  "Public safety agency" means a functional

28  division of a public agency which provides firefighting, law

29  enforcement, medical, or other emergency services.

30         (r)(o)  "Rural county" means any county that has a

31  population of fewer than 75,000.

                                  4

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






    Florida Senate - 2003                    CS for CS for SB 1450
    316-2221-03




 1         (s)(p)  "Service" means "commercial mobile radio

 2  service" as provided under ss. 3(27) and 332(d) of the Federal

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

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

 5  103-66, August 10, 1993, 107 Stat. 312. The term "service"

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

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

 8  including radio-telephone communications used in cellular

 9  telephone service; personal communications service; or the

10  functional or competitive equivalent of a radio-telephone

11  communications line used in cellular telephone service, a

12  personal communications service, or a network radio access

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

14  mainly dispatch service in a more localized, noncellular

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

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

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

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

19  wireless telephone number assigned to a service subscriber.

20         (u)  "Sufficient positive balance" means a dollar

21  amount greater than or equal to the monthly wireless surcharge

22  amount.

23         (v)(r)  "Wireless 911 system" or "wireless 911 service"

24  means an emergency telephone system or service that provides a

25  subscriber with the ability to reach an answering point by

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

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

28  365.171.

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

30         (a)  The board shall:

31         1.  Administer the E911 fee.

                                  5

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






    Florida Senate - 2003                    CS for CS for SB 1450
    316-2221-03




 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 technical and administrative functions for the

31  board.

                                  6

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






    Florida Senate - 2003                    CS for CS for SB 1450
    316-2221-03




 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. 120.536(1) and

17  120.54 to implement this section and ss. 365.173 and 365.174.

18         13.  Provide coordination, support, and technical

19  assistance to counties to promote the deployment of advanced

20  911 and E911 systems in the state.

21         14.  Provide coordination and support for educational

22  opportunities related to 911 issues for the 911 community in

23  this state.

24         15.  Act as an advocate for issues related to 911

25  system functions, features, and operations to improve the

26  delivery of 911 services to the residents of and visitors to

27  this state.

28         16.  Coordinate input from this state at national

29  forums and associations, to ensure that policies related to

30  911 systems and services are consistent with the policies of

31  the 911 community in this state.

                                  7

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






    Florida Senate - 2003                    CS for CS for SB 1450
    316-2221-03




 1         17.  Work cooperatively with the system director

 2  established in s. 365.171(5) to enhance the state of 911

 3  services in this state and to provide unified leadership for

 4  all 911 issues through planning and coordination.

 5         18.13.  Do all acts and things necessary or convenient

 6  to carry out the powers granted in this section, including but

 7  not limited to, consideration of emerging technology and

 8  related cost savings.

 9         (7)  REQUEST FOR PROPOSALS FOR INDEPENDENT ACCOUNTING

10  FIRM.--

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

12  provided in chapter 287 for the purpose of retaining an

13  independent accounting firm. The independent accounting firm

14  shall perform all material administrative and accounting tasks

15  and functions required for administering the E911 fee. The

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

17  to:

18         1.  A description of the scope and general requirements

19  of the services requested.

20         2.  A description of the specific accounting and

21  reporting services required for administering the fund,

22  including processing checks and distributing funds as directed

23  by the board under s. 365.173.

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

25  proposer, including the proposer's background and

26  qualifications and the proposed cost of the services to be

27  provided.

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

29  requests for proposals which must include the statewide 911

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

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

                                  8

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






    Florida Senate - 2003                    CS for CS for SB 1450
    316-2221-03




 1  whom represents the wireless telecommunications industry. The

 2  review committee shall review the proposals received by the

 3  board and recommend an independent accounting firm to the

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

 5  committee, each member of the review committee shall verify

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

 7  directly or indirectly, with potential proposers which

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

 9  on the committee.

10         (c)  After July 1, 2004, the board may hire an

11  independent accounting firm by invitation to bid, request for

12  proposals, invitation to negotiate, or professional contracts

13  previously established at the Division of Purchasing,

14  Department of Management Services, for certified public

15  accounting firms, or the board may hire and retain

16  professional accounting staff to accomplish these functions.

17         (9)  MANAGEMENT OF FUNDS.--

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

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

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

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

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

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

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

25  received shall first be applied to the payment due the

26  provider for the provision of telecommunications service.

27         (b)  In the case of prepaid wireless telephone service,

28  the monthly wireless 911 surcharge imposed by subsection (8)

29  shall be remitted based upon each prepaid wireless telephone

30  associated with this state, for each wireless service customer

31  that has a sufficient positive balance as of the last day of

                                  9

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






    Florida Senate - 2003                    CS for CS for SB 1450
    316-2221-03




 1  each month. The surcharge shall be remitted in any manner

 2  consistent with the wireless provider's existing operating or

 3  technological abilities, such as customer address, location

 4  associated with the MTN, or reasonable allocation method based

 5  upon other comparable relevant data. The surcharge amount or

 6  an equivalent number of minutes may be reduced from the

 7  prepaid subscriber's account since a direct billing may not be

 8  possible. However, collection of the wireless 911 surcharge in

 9  the manner of a reduction of value or minutes from the prepaid

10  subscriber's account does not constitute a reduction in the

11  sales price for purposes of taxes that are collected at the

12  point of sale.

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

14  action to enforce collection of the fees for which any

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

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

17  numbers of all subscribers who have indicated to the provider

18  their refusal to pay the fee.

19         (d)(c)  Each provider may retain 1 percent of the

20  amount of the fees collected as reimbursement for the

21  administrative costs incurred by the provider to bill,

22  collect, and remit the fee. The remainder shall be delivered

23  to the board and deposited in the fund. The board shall

24  distribute the remainder pursuant to s. 365.173.

25         (e)(d)  Each provider shall deliver revenues from the

26  fee to the board within 60 days after the end of the month in

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

28  the number of wireless customers whose place of primary use is

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

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

31  which are not collected by the provider within 6 months

                                  10

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






    Florida Senate - 2003                    CS for CS for SB 1450
    316-2221-03




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

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

 3  the requirement that the fees and number of customers whose

 4  place of primary use is in each county be submitted to the

 5  board each month and authorize a provider to submit the fees

 6  and number of customers quarterly if the provider demonstrates

 7  that such waiver is necessary and justified.

 8         (f)(e)  For purposes of this section, the definitions

 9  contained in s. 202.11 and the provisions of s. 202.155 apply

10  in the same manner and to the same extent as such definitions

11  and provisions apply to the taxes levied pursuant to chapter

12  202 on mobile communications services.

13         (g)(f)  As used in this subsection, the term "provider"

14  includes any person or entity that resells wireless service

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

16         (11)  FACILITATING E911 SERVICE

17  IMPLEMENTATION.--Notwithstanding any other law or local

18  ordinance to the contrary:

19         (a)  Colocation among wireless telephone service

20  providers is encouraged by the state. To further facilitate

21  agreements among providers for colocation of their facilities,

22  any antennae and related equipment to service the antennae

23  which is being colocated on an existing above-ground structure

24  is not subject to land development regulation pursuant to s.

25  163.3202, provided the height of the existing structure is not

26  increased. However, construction of the antennae and related

27  equipment is subject to local building regulations and any

28  existing permits for such property, buildings, or structures.

29  Nothing in this subsection relieves the permitholder for or

30  owner of the existing structure from compliance with any

31  

                                  11

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






    Florida Senate - 2003                    CS for CS for SB 1450
    316-2221-03




 1  applicable condition or requirement of a permit, land

 2  development regulation, or law.

 3         (b)  Local governments shall not require providers to

 4  provide evidence of a wireless communications facility's

 5  compliance with federal regulations; however, local

 6  governments shall receive evidence of proper federal licensure

 7  from any provider, upon request.

 8         (c)1.  A local government shall grant or deny a

 9  properly completed application for a permit, including permits

10  under paragraph (a), for the colocation of a wireless

11  communications facility on property, buildings, or structures

12  within the local government's jurisdiction within 30 business

13  days after the date the properly completed application is

14  submitted in accordance with the applicable local government

15  application procedures, provided that such permit complies

16  with applicable federal regulations and applicable local land

17  development or zoning regulations. Local building regulations

18  shall apply.

19         2.  A local government shall grant or deny a properly

20  completed application for a permit for the siting of a new

21  wireless tower or antenna on property, buildings, or

22  structures within the local government's jurisdiction within

23  75 business days after the date the properly completed

24  application is submitted in accordance with the applicable

25  local government application procedures, provided that such

26  permit complies with applicable federal regulations and

27  applicable local land development or zoning regulations. Local

28  building regulations shall apply:

29         3.  The local government shall notify the permit

30  applicant within 15 business days after the date the

31  application is submitted as to whether the application is, for

                                  12

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






    Florida Senate - 2003                    CS for CS for SB 1450
    316-2221-03




 1  administrative purposes only, properly completed and has been

 2  properly submitted; however, such determination shall not be

 3  deemed as an approval of the application. Such notification

 4  shall indicate with specificity any deficiencies that, if

 5  cured, shall make the application properly completed. If the

 6  local government fails to grant or deny a properly completed

 7  application for a permit which has been properly submitted

 8  within the timeframes set forth in this paragraph, the permit

 9  shall be deemed automatically approved and a provider may

10  proceed with placement of such facilities without interference

11  or penalty. To be effective, a waiver of the timeframes set

12  forth in this paragraph must be voluntarily agreed to by all

13  affected parties. A local government may request, but not

14  require, a waiver of the timeframes by an entity seeking a

15  permit, except that, with respect to a specific permit, a

16  one-time waiver of no more than 45 business days may be

17  required in the case of a declared local, state, or federal

18  emergency that directly affects permitting activities.

19         (d)  Any additional wireless communications facilities,

20  such as cables, adjacent accessory structures, or adjacent

21  accessory equipment used in the provision of cellular,

22  enhanced specialized mobile radio, or personal communications

23  services, required within the existing secured equipment

24  compound at an existing site needed to comply with the federal

25  Phase II E911 shall be deemed a permitted use or activity.

26  Local building and land development regulations shall apply.

27         (e)  Any other provision of law to the contrary

28  notwithstanding, the Department of Management Services shall

29  negotiate, in the name of the state, leases for wireless

30  communications facilities that provide access to state

31  government-owned property not acquired for transportation

                                  13

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






    Florida Senate - 2003                    CS for CS for SB 1450
    316-2221-03




 1  purposes, and the Department of Transportation shall

 2  negotiate, in the name of the state, leases or permits for

 3  wireless communications facilities that provide access to

 4  property acquired for state rights-of-way. On property

 5  acquired for transportation purposes, leases, or permits shall

 6  be granted in accordance with s. 337.251. On other state

 7  government-owned property, leases or permits shall be granted

 8  on a space available, first-come first-served basis. Payments

 9  required by state government under a lease or permit must be

10  reasonable and must reflect the market rate for the use of the

11  state government-owned property. The Department of Management

12  Services and the Department of Transportation are authorized

13  to adopt rules for the terms and conditions and granting of

14  any such leases or permits.

15         (f)  By September 1, 2003, each county shall provide a

16  map to the E911 wireless board showing any area where a

17  communications tower is not a permitted use pursuant to the

18  county's regulations. Any wireless telephone service provider

19  may report to the board no later than November 30,2003,

20  whether any of the areas reported to the board contain

21  potential wireless communications facilities location sites

22  necessary to provide the needed coverage for compliance with

23  federal Phase II E911 requirements using its own network. In

24  the annual report due to the Governor and the Legislature by

25  February 28, 2004, the board shall include a section

26  identifying areas where wireless communications facilities

27  needed for compliance with federal Phase II E911 requirements

28  using a provider's own network are prohibited by county

29  regulation.

30         Section 2.  Paragraph (b) of subsection (2) of section

31  365.173, Florida Statutes, is amended to read:

                                  14

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






    Florida Senate - 2003                    CS for CS for SB 1450
    316-2221-03




 1         365.173  Wireless Emergency Telephone System Fund.--

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

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

 4  distributed and used only as follows:

 5         (b)  Fifty-four percent of the moneys shall be

 6  distributed in response to sworn invoices submitted to the

 7  board by providers to reimburse such providers for the actual

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

 9  costs of complying with the order. Such costs include costs

10  and expenses incurred by providers to design, purchase, lease,

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

12  necessary data, hardware, and software required to provide

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

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

15  costs and expenses incurred for the purposes of managing,

16  administering, and overseeing the receipts and disbursements

17  from the fund and other activities as defined in s.

18  365.172(6). Any funds retained for such purposes in a calendar

19  year which are not applied to such costs and expenses by March

20  31 of the following year shall be distributed to providers

21  pursuant to this paragraph. Beginning in state fiscal year

22  2000-2001, each provider shall submit to the board, by August

23  1 of each year, a detailed estimate of the capital and

24  operating expenses for which it anticipates that it will seek

25  reimbursement under this paragraph during the ensuing state

26  fiscal year. By September 15 of each year, the board shall

27  submit to the Legislature its legislative budget request for

28  funds to be allocated to providers under this paragraph during

29  the ensuing state fiscal year. The budget request shall be

30  based on the information submitted by the providers and

31  estimated surcharge revenues. Distributions of moneys in the

                                  15

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






    Florida Senate - 2003                    CS for CS for SB 1450
    316-2221-03




 1  fund by the board to providers must be fair and

 2  nondiscriminatory. If the total amount of moneys requested by

 3  providers pursuant to invoices submitted to the board and

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

 5  month, providers that have invoices approved for payment shall

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

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

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

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

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

11  requested by providers pursuant to invoices submitted to the

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

13  fund.

14  

15  The Legislature recognizes that the wireless E911 fee

16  authorized under s. 365.172 will not necessarily provide the

17  total funding required for establishing or providing the 911

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

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

20         Section 3.  Section 365.175, Florida Statutes, is

21  created to read:

22         365.175  Emergency Telephone Number 911 Private Branch

23  Exchange/Private Switch Automatic Location Identification.--

24         (1)  DEFINITIONS.--As used in this section, the term:

25         (a)  "Automatic Location Identification" or "ALI" means

26  the automatic display at the Public Safety Answering Point

27  (PSAP) of the caller's telephone number, the address or

28  location of the telephone, and supplementary emergency

29  services information.

30  

31  

                                  16

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






    Florida Senate - 2003                    CS for CS for SB 1450
    316-2221-03




 1         (b)  "Automatic Location Identification (ALI)

 2  Retrieval" means the process of querying the 9-1-1 database

 3  for ALI records.

 4         (c)  "Automatic Number Identification (ANI)" means the

 5  telephone number associated with the access line from which a

 6  call originates.

 7         (d)  "Private Branch Exchange" or "PBX" means a private

 8  telephone system that is connected to the Public Switched

 9  Telephone Network (PSTN).

10         (e)  "Private Switch ALI (PSA)" means a service option

11  which provides enhanced 9-1-1 features for telephone stations

12  behind private switches. E. g. PBXs.

13         (2)  REQUIRED ALI CAPABILITY.--Each PBX system

14  installed after January 1, 2004, must be capable of providing

15  automatic location identification to the station level.

16         Section 4.  This act shall take effect July 1, 2003.

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  17

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






    Florida Senate - 2003                    CS for CS for SB 1450
    316-2221-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                            CS/SB 1450

 3                                 

 4  This CS differs from bill as filed in the following ways:

 5  *    It limits the applicability of the new proposed siting
         provisions to wireless antennas and related equipment,
 6       rather than any telecommunications facility;

 7  *    Under certain conditions, it exempts antennas from land
         development regulation, rather than local zoning
 8       regulation;

 9  *    Increases from 15 to 45 days the limit of a one-time
         waiver from the deadline for approving or denying a
10       permit;

11  *    Specifies that leases or permits acquired for
         transportation purposes must be granted according to s.
12       337.251, F.S., which governs how DOT leases property to
         public or private entities;
13  
    *    Authorizes, rather than requires, DOT & DMS to adopt
14       rules;

15  *    Deletes the provision that exempts, under certain
         conditions, the siting of a facility on state owned
16       property from local zoning requirements;

17  *    Requires counties to provide a map to the E911 wireless
         board showing areas where a communications tower is not a
18       permitted use, allows service providers to respond that
         constructing facilities in such areas may be necessary to
19       comply with federal Phase II E911 requirements, and
         requires the E911 wireless board to report this
20       information to the Governor and Legislature by February
         28, 2004, in their annual report; and
21  
    *    Contains a number of stylist changes.
22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  18

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