| 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 | 
  | 
| 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. |