1 | A bill to be entitled |
2 | An act relating to telecommunications services; amending |
3 | s. 365.171, F.S.; providing for the Public Service |
4 | Commission to adopt rules to encourage provision of 311 |
5 | service; revising provisions for expenditure of the 911 |
6 | fee; revising application of certain provisions; revising |
7 | a timeframe for a pilot project; providing for a task |
8 | force to be appointed by the Governor to review technology |
9 | and system enhancements; providing an effective date. |
10 |
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11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
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13 | Section 1. Subsection (8) and paragraph (a) of subsection |
14 | (13) of section 365.171, Florida Statutes, are amended to read: |
15 | 365.171 Emergency telephone number "911."-- |
16 | (8) COIN TELEPHONES.--The Florida Public Service |
17 | Commission shall establish rules to be followed by the telephone |
18 | utilities in this state designed toward encouraging the |
19 | provision of coin-free dialing of "911" calls and paid calls of |
20 | "311" wherever economically practicable and in the public |
21 | interest. |
22 | (13) "911" FEE.-- |
23 | (a) Following approval by referendum as set forth in |
24 | paragraph (b), or following approval by a majority vote of its |
25 | board of county commissioners, a county may impose a "911" fee |
26 | to be paid by the local exchange subscribers within its |
27 | boundaries served by the "911" service. Proceeds from the "911" |
28 | fee shall be used only for "911" expenditures as set forth in |
29 | subparagraph 6. The manner of imposing and collecting said |
30 | payment shall be as follows: |
31 | 1. At the request of the county subscribing to "911" |
32 | service, the telephone company shall, insofar as is practicable, |
33 | bill the "911" fee to the local exchange subscribers served by |
34 | the "911" service, on an individual access line basis, at a rate |
35 | not to exceed 50 cents per month per line (up to a maximum of 25 |
36 | access lines per account bill rendered). However, the fee may |
37 | not be assessed on any pay telephone in this state. A county |
38 | collecting the fee for the first time may collect the fee for no |
39 | longer than 36 months without initiating the acquisition of its |
40 | "911" equipment. |
41 | 2. Fees collected by the telephone company pursuant to |
42 | subparagraph 1. shall be returned to the county, less the costs |
43 | of administration retained pursuant to paragraph (c). The county |
44 | shall provide a minimum of 90 days' written notice to the |
45 | telephone company prior to the collection of any "911" fees. |
46 | 3. Any county that currently has an operational "911" |
47 | system or that is actively pursuing the implementation of a |
48 | "911" system shall establish a fund to be used exclusively for |
49 | receipt and expenditure of "911" fee revenues collected pursuant |
50 | to this section. All fees placed in said fund, and any interest |
51 | accrued thereupon, shall be used solely for "911" costs |
52 | described in subparagraph 6. The money collected and interest |
53 | earned in this fund shall be appropriated for "911" purposes by |
54 | the county commissioners and incorporated into the annual county |
55 | budget. Such fund shall be included within the financial audit |
56 | performed in accordance with s. 218.39. A report of the audit |
57 | shall be forwarded to the office within 60 days of its |
58 | completion. A county may carry forward on an annual basis |
59 | unspent moneys in the fund for expenditures allowed by this |
60 | section, or it may reduce its fee. However, in no event shall a |
61 | county carry forward more than 10 percent of the "911" fee |
62 | billed for the prior year. The amount of moneys carried forward |
63 | each year may be accumulated in order to allow for capital |
64 | improvements described in this subsection. The carryover shall |
65 | be documented by resolution of the board of county commissioners |
66 | expressing the purpose of the carryover or by an adopted capital |
67 | improvement program identifying projected expansion or |
68 | replacement expenditures for "911" equipment and service |
69 | features, or both. In no event shall the "911" fee carryover |
70 | surplus moneys be used for any purpose other than for the "911" |
71 | equipment, service features, and installation charges authorized |
72 | in subparagraph 6. Nothing in this section shall prohibit a |
73 | county from using other sources of revenue for improvements, |
74 | replacements, or expansions of its "911" system. A county may |
75 | increase its fee for purposes authorized in this section. |
76 | However, in no case shall the fee exceed 50 cents per month per |
77 | line. All current "911" fees shall be reported to the office |
78 | within 30 days of the start of each county's fiscal period. Any |
79 | fee adjustment made by a county shall be reported to the office. |
80 | A county shall give the telephone company a 90-day written |
81 | notice of such fee adjustment. |
82 | 4. The telephone company shall have no obligation to take |
83 | any legal action to enforce collection of the "911" fee. The |
84 | telephone company shall provide quarterly to the county a list |
85 | of the names, addresses, and telephone numbers of any and all |
86 | subscribers who have identified to the telephone company their |
87 | refusal to pay the "911" fee. |
88 | 5. The county subscribing to "911" service shall remain |
89 | liable to the telephone company for any "911" service, |
90 | equipment, operation, or maintenance charge owed by the county |
91 | to the telephone company. |
92 |
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93 | As used in this paragraph, "telephone company" means an exchange |
94 | telephone service provider of "911" service or equipment to any |
95 | county within its certificated area. |
96 | 6. It is the intent of the Legislature that the "911" fee |
97 | authorized by this section to be imposed by counties will not |
98 | necessarily provide the total funding required for establishing |
99 | or providing the "911" service. For purposes of this section, |
100 | "911" service includes the functions of database management, |
101 | call taking, location verification, and call transfer. The |
102 | following costs directly attributable to the establishment |
103 | and/or provision of "911" service are eligible for expenditure |
104 | of moneys derived from imposition of the "911" fee authorized by |
105 | this section: the acquisition, implementation, and maintenance |
106 | of Public Safety Answering Point (PSAP) equipment and "911" |
107 | service features, as defined in the Florida Public Service |
108 | Commission's lawfully approved "911" and related tariffs and/or |
109 | the acquisition, installation, and maintenance of other "911" |
110 | equipment, including call answering equipment, call transfer |
111 | equipment, ANI controllers, ALI controllers, ANI displays, ALI |
112 | displays, station instruments, "911" telecommunications systems, |
113 | teleprinters, logging recorders, instant playback recorders, |
114 | telephone devices for the deaf (TDD) used in the "911" system, |
115 | PSAP backup power systems, consoles, automatic call |
116 | distributors, and interfaces (hardware and software) for |
117 | computer-aided dispatch (CAD) systems; salary and associated |
118 | expenses for "911" call takers for that portion of their time |
119 | spent taking and transferring "911" calls; salary and associated |
120 | expenses for a county to employ a full-time equivalent "911" |
121 | coordinator position and a full-time equivalent staff assistant |
122 | position per county for the portion of their time spent |
123 | administrating the "911" system; training costs for PSAP call |
124 | takers in the proper methods and techniques used in taking and |
125 | transferring "911" calls; expenses required to develop and |
126 | maintain all information (ALI and ANI databases and other |
127 | information source repositories) necessary to properly inform |
128 | call takers as to location address, type of emergency, and other |
129 | information directly relevant to the "911" call-taking and |
130 | transferring function; other expenses that improve the overall |
131 | call-taking efficiency of an existing "911" system or reduce |
132 | "911" emergency call processing time; and, in a county with a |
133 | population exceeding 750,000 defined in s. 125.011(1), such |
134 | expenses related to a nonemergency "311" system, or similar |
135 | nonemergency system, which improves the overall call-taking |
136 | efficiency of an existing "911" system or reduces "911" call |
137 | processing emergency response time for a 2-year pilot project |
138 | that ends June 30, 2006 2003. However, no wireless telephone |
139 | service provider shall be required to participate in this pilot |
140 | project or to otherwise implement a nonemergency "311" system or |
141 | similar nonemergency system. The "911" fee revenues shall not be |
142 | used to pay for any item not listed, including, but not limited |
143 | to, any capital or operational costs for emergency responses |
144 | which occur after the call transfer to the responding public |
145 | safety entity and the costs for constructing buildings, leasing |
146 | buildings, maintaining buildings, or renovating buildings, |
147 | except for those building modifications necessary to maintain |
148 | the security and environmental integrity of the PSAP and "911" |
149 | equipment rooms. The Governor shall appoint a task force, |
150 | consisting of members from existing "911" operations centers and |
151 | "911" coordinators, local government, and industry |
152 | representatives as nonvoting members, to review the latest |
153 | enhancements in technology or systems with the potential to |
154 | improve the overall efficiency of an existing "911" system or |
155 | reduce "911" call processing times. |
156 | 7. It is the goal of the Legislature that enhanced "911" |
157 | service be available throughout the state. Expenditure by |
158 | counties of the "911" fees authorized by this section should |
159 | support this goal to the greatest extent feasible within the |
160 | context of local service needs and fiscal capability. Nothing in |
161 | this section shall be construed to prohibit two or more counties |
162 | from establishing a combined emergency "911" telephone service |
163 | by interlocal agreement and utilizing the "911" fees authorized |
164 | by this section for such combined "911" service. |
165 | Section 2. This act shall take effect upon becoming a law. |