Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 1198
                        Barcode 104000
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: FAV             .                    
       03/29/2007 11:43 AM         .                    
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11  The Committee on Communications and Public Utilities (Bennett)
12  recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 365.171, Florida Statutes, is
19  amended to read:
20         365.171  Emergency communications telephone number E911
21  state plan. "911."--
22         (1)  SHORT TITLE.--This section may be shall be known
23  and cited as the "Florida Emergency Communications Number E911
24  State Plan Telephone Act."
25         (2)  LEGISLATIVE INTENT.--It is the intent of the
26  Legislature that the communications number "911" be the
27  designated emergency communications number. A public safety
28  agency may not advertise or otherwise promote the use of any
29  communications number for emergency response services other
30  than "911." It is further the intent of the Legislature to
31  establish and implement and continually update a cohesive
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 statewide emergency communications telephone number "E911" 2 "911" plan for enhanced 911 services which will provide 3 citizens with rapid direct access to public safety agencies by 4 accessing dialing the telephone number "911" with the 5 objective of reducing the response time to situations 6 requiring law enforcement, fire, medical, rescue, and other 7 emergency services. 8 (3) DEFINITIONS.--As used in this section, the term: 9 (a) "Office" means the Florida Enterprise Information 10 Technology Services Office or other office within the 11 Department of Management Services, as designated by the 12 secretary of the department State Technology Office. 13 (b) "Local government" means any city, county, or 14 political subdivision of the state and its agencies. 15 (c) "Public agency" means the state and any city, 16 county, city and county, municipal corporation, chartered 17 organization, public district, or public authority located in 18 whole or in part within this state which provides, or has 19 authority to provide, firefighting, law enforcement, 20 ambulance, medical, or other emergency services. 21 (d) "Public safety agency" means a functional division 22 of a public agency which provides firefighting, law 23 enforcement, medical, or other emergency services. 24 (4) STATE PLAN.--The office shall develop, maintain, 25 and implement appropriate modifications for a statewide 26 emergency communications E911 telephone number "911" system 27 plan. The plan shall provide for: 28 (a) The establishment of the public agency emergency 29 telephone communications requirements for each entity of local 30 government in the state. 31 (b) A system to meet specific local government 2 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 requirements. Such system shall include law enforcement, 2 firefighting, and emergency medical services and may include 3 other emergency services such as poison control, suicide 4 prevention, and emergency management services. 5 (c) Identification of the mutual aid agreements 6 necessary to obtain an effective E911 "911" system. 7 (d) A funding provision that identifies which shall 8 identify the cost necessary to implement the E911 "911" 9 system. 10 (e) A firm implementation schedule which shall include 11 the installation of the "911" system in a local community 12 within 24 months after the designated agency of the local 13 government gives a firm order to the telephone utility for a 14 "911" system. 15 16 The office shall be responsible for the implementation and 17 coordination of such plan. The office shall adopt any 18 necessary rules and schedules related to public agencies for 19 implementing and coordinating the such plan, pursuant to 20 chapter 120. The public agency designated in the plan shall 21 order such system within 6 months after publication date of 22 the plan if the public agency is in receipt of funds 23 appropriated by the Legislature for the implementation and 24 maintenance of the "911" system. Any jurisdiction which has 25 utilized local funding as of July 1, 1976, to begin the 26 implementation of the state plan as set forth in this section 27 shall be eligible for at least a partial reimbursement of its 28 direct cost when, and if, state funds are available for such 29 reimbursement. 30 (5) SYSTEM DIRECTOR.--The secretary of the department 31 director of the office or his or her designee is designated as 3 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 the director of the statewide emergency communications 2 telephone number E911 "911" system and, for the purpose of 3 carrying out the provisions of this section, is authorized to 4 coordinate the activities of the system with state, county, 5 local, and private agencies. The director is authorized to 6 employ no fewer not less than five persons, three of whom 7 shall will be at the professional level, one at the 8 secretarial level, and one to fill a fiscal position, for the 9 purpose of carrying out the provisions of this section. The 10 director in implementing the system shall consult, cooperate, 11 and coordinate with local law enforcement agencies. 12 (6) REGIONAL SYSTEMS.--Nothing in This section does 13 not shall be construed to prohibit or discourage the formation 14 of multijurisdictional or regional systems; and any system 15 established pursuant to this section may include the 16 jurisdiction, or any portion thereof, of more than one public 17 agency. It is the intent of the Legislature that E911 service 18 be available throughout the state. Expenditure by counties of 19 the E911 fee authorized and imposed under s. 365.172 should 20 support this intent to the greatest extent feasible within the 21 context of local service needs and fiscal capability. This 22 section does not prohibit two or more counties from 23 establishing a combined emergency E911 communications service 24 by an interlocal agreement and using the fees authorized and 25 imposed by s. 365.172 for such combined E911 service. 26 (7) TELECOMMUNICATIONS TELEPHONE INDUSTRY 27 COORDINATION.--The office shall coordinate with the Florida 28 Public Service Commission which shall encourage the Florida 29 telecommunications telephone industry to activate facility 30 modification plans for a timely E911 "911" implementation. 31 (8) COIN TELEPHONES.--The Florida Public Service 4 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 Commission shall establish rules to be followed by the 2 telecommunications companies telephone utilities in this state 3 designed toward encouraging the provision of coin-free dialing 4 of "911" calls wherever economically practicable and in the 5 public interest. 6 (9) SYSTEM APPROVAL.--No emergency communications 7 telephone number E911 "911" system shall be established and no 8 present system shall be expanded without prior approval of the 9 office. 10 (10) COMPLIANCE.--All public agencies shall assist the 11 office in their efforts to carry out the intent of this 12 section, and such agencies shall comply with the developed 13 plan. 14 (11) EXISTING EMERGENCY TELEPHONE SERVICE.--Any 15 emergency telephone number established by any local government 16 or state agency prior to July 1, 1974, using a number other 17 than "911" shall be changed to "911" on the same 18 implementation schedule provided in paragraph (4)(e). 19 (11)(12) FEDERAL ASSISTANCE.--The secretary of the 20 department office or his or her designee may apply for and 21 accept federal funding assistance in the development and 22 implementation of a statewide emergency communications 23 telephone number E911 "911" system. 24 (13) "911" FEE.-- 25 (a) Following approval by referendum as set forth in 26 paragraph (b), or following approval by a majority vote of its 27 board of county commissioners, a county may impose a "911" fee 28 to be paid by the local exchange subscribers within its 29 boundaries served by the "911" service. Proceeds from the 30 "911" fee shall be used only for "911" expenditures as set 31 forth in subparagraph 6. The manner of imposing and collecting 5 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 said payment shall be as follows: 2 1. At the request of the county subscribing to "911" 3 service, the telephone company shall, insofar as is 4 practicable, bill the "911" fee to the local exchange 5 subscribers served by the "911" service, on an individual 6 access line basis, at a rate not to exceed 50 cents per month 7 per line (up to a maximum of 25 access lines per account bill 8 rendered). However, the fee may not be assessed on any pay 9 telephone in this state. A county collecting the fee for the 10 first time may collect the fee for no longer than 36 months 11 without initiating the acquisition of its "911" equipment. 12 2. Fees collected by the telephone company pursuant to 13 subparagraph 1. shall be returned to the county, less the 14 costs of administration retained pursuant to paragraph (c). 15 The county shall provide a minimum of 90 days' written notice 16 to the telephone company prior to the collection of any "911" 17 fees. 18 3. Any county that currently has an operational "911" 19 system or that is actively pursuing the implementation of a 20 "911" system shall establish a fund to be used exclusively for 21 receipt and expenditure of "911" fee revenues collected 22 pursuant to this section. All fees placed in said fund, and 23 any interest accrued thereupon, shall be used solely for "911" 24 costs described in subparagraph 6. The money collected and 25 interest earned in this fund shall be appropriated for "911" 26 purposes by the county commissioners and incorporated into the 27 annual county budget. Such fund shall be included within the 28 financial audit performed in accordance with s. 218.39. A 29 report of the audit shall be forwarded to the office within 60 30 days of its completion. A county may carry forward on an 31 annual basis unspent moneys in the fund for expenditures 6 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 allowed by this section, or it may reduce its fee. However, in 2 no event shall a county carry forward more than 10 percent of 3 the "911" fee billed for the prior year. The amount of moneys 4 carried forward each year may be accumulated in order to allow 5 for capital improvements described in this subsection. The 6 carryover shall be documented by resolution of the board of 7 county commissioners expressing the purpose of the carryover 8 or by an adopted capital improvement program identifying 9 projected expansion or replacement expenditures for "911" 10 equipment and service features, or both. In no event shall the 11 "911" fee carryover surplus moneys be used for any purpose 12 other than for the "911" equipment, service features, and 13 installation charges authorized in subparagraph 6. Nothing in 14 this section shall prohibit a county from using other sources 15 of revenue for improvements, replacements, or expansions of 16 its "911" system. A county may increase its fee for purposes 17 authorized in this section. However, in no case shall the fee 18 exceed 50 cents per month per line. All current "911" fees 19 shall be reported to the office within 30 days of the start of 20 each county's fiscal period. Any fee adjustment made by a 21 county shall be reported to the office. A county shall give 22 the telephone company a 90-day written notice of such fee 23 adjustment. 24 4. The telephone company shall have no obligation to 25 take any legal action to enforce collection of the "911" fee. 26 The telephone company shall provide quarterly to the county a 27 list of the names, addresses, and telephone numbers of any and 28 all subscribers who have identified to the telephone company 29 their refusal to pay the "911" fee. 30 5. The county subscribing to "911" service shall 31 remain liable to the telephone company for any "911" service, 7 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 equipment, operation, or maintenance charge owed by the county 2 to the telephone company. 3 4 As used in this paragraph, "telephone company" means an 5 exchange telephone service provider of "911" service or 6 equipment to any county within its certificated area. 7 6. It is the intent of the Legislature that the "911" 8 fee authorized by this section to be imposed by counties will 9 not necessarily provide the total funding required for 10 establishing or providing the "911" service. For purposes of 11 this section, "911" service includes the functions of database 12 management, call taking, location verification, and call 13 transfer. The following costs directly attributable to the 14 establishment and/or provision of "911" service are eligible 15 for expenditure of moneys derived from imposition of the "911" 16 fee authorized by this section: the acquisition, 17 implementation, and maintenance of Public Safety Answering 18 Point (PSAP) equipment and "911" service features, as defined 19 in the Florida Public Service Commission's lawfully approved 20 "911" and related tariffs and/or the acquisition, 21 installation, and maintenance of other "911" equipment, 22 including call answering equipment, call transfer equipment, 23 ANI controllers, ALI controllers, ANI displays, ALI displays, 24 station instruments, "911" telecommunications systems, 25 teleprinters, logging recorders, instant playback recorders, 26 telephone devices for the deaf (TDD) used in the "911" system, 27 PSAP backup power systems, consoles, automatic call 28 distributors, and interfaces (hardware and software) for 29 computer-aided dispatch (CAD) systems; salary and associated 30 expenses for "911" call takers for that portion of their time 31 spent taking and transferring "911" calls; salary and 8 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 associated expenses for a county to employ a full-time 2 equivalent "911" coordinator position and a full-time 3 equivalent staff assistant position per county for the portion 4 of their time spent administrating the "911" system; training 5 costs for PSAP call takers in the proper methods and 6 techniques used in taking and transferring "911" calls; and 7 expenses required to develop and maintain all information (ALI 8 and ANI databases and other information source repositories) 9 necessary to properly inform call takers as to location 10 address, type of emergency, and other information directly 11 relevant to the "911" call-taking and transferring function. 12 No wireless telephone service provider shall be required to 13 participate in any pilot project or to otherwise implement a 14 nonemergency "311" system or similar nonemergency system. The 15 "911" fee revenues shall not be used to pay for any item not 16 listed, including, but not limited to, any capital or 17 operational costs for emergency responses which occur after 18 the call transfer to the responding public safety entity and 19 the costs for constructing buildings, leasing buildings, 20 maintaining buildings, or renovating buildings, except for 21 those building modifications necessary to maintain the 22 security and environmental integrity of the PSAP and "911" 23 equipment rooms. 24 7. It is the goal of the Legislature that enhanced 25 "911" service be available throughout the state. Expenditure 26 by counties of the "911" fees authorized by this section 27 should support this goal to the greatest extent feasible 28 within the context of local service needs and fiscal 29 capability. Nothing in this section shall be construed to 30 prohibit two or more counties from establishing a combined 31 emergency "911" telephone service by interlocal agreement and 9 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 utilizing the "911" fees authorized by this section for such 2 combined "911" service. 3 (b) If a county elects to obtain approval of a "911" 4 fee by referendum, it shall arrange to place a question on the 5 ballot at the next regular or special election to be held 6 within the county, substantially as follows: 7 8 .... I am in favor of the "911" emergency telephone 9 system fee. 10 .... I am against the "911" emergency telephone system 11 fee. 12 13 If a majority of the electors voting on the question approve 14 the fee, it may be imposed by the county. 15 (c) Any county imposing a "911" fee in accordance with 16 the provisions of this subsection shall allow the telephone 17 company to retain as an administrative fee an amount equal to 18 1 percent of the total "911" fee collected by the telephone 19 company. 20 (14) INDEMNIFICATION AND LIMITATION OF LIABILITY.--All 21 local governments are authorized to undertake to indemnify the 22 telephone company against liability in accordance with the 23 telephone company's lawfully filed tariffs. Regardless of any 24 indemnification agreement, a telephone company or commercial 25 mobile radio service provider as defined in s. 364.02 shall 26 not be liable for damages resulting from or in connection with 27 "911" service or identification of the telephone number, 28 address, or name associated with any person accessing "911" 29 service, unless the telephone company or commercial radio 30 service provider acted with malicious purpose or in a manner 31 exhibiting wanton and willful disregard of human rights, 10 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 safety, or property in providing such services. 2 (12)(15) CONFIDENTIALITY OF RECORDS.--Any record, 3 recording, or information, or portions thereof, obtained by a 4 public agency or a public safety agency for the purpose of 5 providing services in an emergency and which reveals the name, 6 address, telephone number, or personal information about, or 7 information which may identify any person requesting emergency 8 service or reporting an emergency by accessing an emergency 9 communications E911 telephone number "911" system is 10 confidential and exempt from the provisions of s. 119.07(1) 11 and s. 24(a), Art. I of the State Constitution, except that 12 such record or information may be disclosed to a public safety 13 agency. The exemption applies only to the name, address, 14 telephone number or personal information about, or information 15 which may identify any person requesting emergency services or 16 reporting an emergency while such information is in the 17 custody of the public agency or public safety agency providing 18 emergency services. A telecommunications telephone company or 19 commercial mobile radio service provider shall not be liable 20 for damages to any person resulting from or in connection with 21 such telephone company's or commercial mobile radio service 22 provider's provision of any lawful assistance to any 23 investigative or law enforcement officer of the State of 24 Florida or political subdivisions thereof, of the United 25 States, or of any other state or political subdivision 26 thereof, in connection with any lawful investigation or other 27 law enforcement activity by such law enforcement officer 28 unless the telecommunications telephone company or commercial 29 mobile radio service provider acted in a wanton and willful 30 manner. 31 (16) FALSE "911" CALLS.--Whoever accesses the number 11 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 "911" for the purpose of making a false alarm or complaint or 2 reporting false information which could result in the 3 emergency response of any public safety agency is guilty of a 4 misdemeanor of the first degree, punishable as provided in s. 5 775.082 or s. 775.083. 6 Section 2. Section 365.172, Florida Statutes, is 7 amended to read: 8 365.172 Wireless Emergency communications telephone 9 number "E911."-- 10 (1) SHORT TITLE.--This section may be cited as the 11 "Wireless Emergency Communications Number E911 Act." 12 (2) FINDINGS, PURPOSE, AND LEGISLATIVE INTENT.--The 13 Legislature finds and declares that: 14 (a) The mobile nature of wireless communications 15 service creates complexities for providing 911 emergency 16 services. 17 (b) Wireless telephone service providers are required 18 by the Federal Communications Commission to provide wireless 19 enhanced 911 (E911) service in the form of automatic location 20 identification and automatic number identification pursuant to 21 the terms and conditions set forth in an order issued by the 22 Federal Communications Commission. 23 (c) Wireless telephone service providers and counties 24 that operate 911 and E911 systems require adequate funding to 25 recover the costs of designing, purchasing, installing, 26 testing, and operating enhanced facilities, systems, and 27 services necessary to comply with the requirements for E911 28 services mandated by the Federal Communications Commission and 29 to maximize the availability of E911 services throughout this 30 state. 31 (d) The revenues generated by the E911 fee imposed 12 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 under this section are required to fund the efforts of the 2 counties, the Wireless 911 Board under the State Technology 3 Office, and commercial mobile radio service providers to 4 improve the public health, safety, and welfare and serve a 5 public purpose by providing emergency telephone assistance 6 through wireless communications. 7 (e) It is necessary and beneficial to levy a fee on 8 wireless services and to create the Wireless 911 Board to 9 administer fee proceeds as provided in this section. 10 (f) It is the intent of the Legislature to: 11 (a)1. Establish and implement a comprehensive 12 statewide emergency telecommunications telephone number system 13 that will provide users of voice communications services 14 within the state wireless telephone users with rapid direct 15 access to public safety agencies by accessing dialing the 16 telephone number "911." 17 (b)2. Provide funds to counties local governments to 18 pay certain costs associated with their E911 or the cost of 19 installing and operating wireless 911 systems, to contract for 20 E911 services, and to reimburse wireless telephone service 21 providers for costs incurred to provide 911 or E911 enhanced 22 911 services. 23 (c)3. Levy a reasonable fee on users of voice 24 communications services, unless otherwise provided in this 25 section, subscribers of wireless telephone service to 26 accomplish these purposes. 27 (d) Provide for an E911 board to administer the fee, 28 with oversight by the office, in a manner that is 29 competitively and technologically neutral as to all voice 30 communications services providers. 31 (e) Ensure that the fee established is used 13 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 exclusively for recovery by wireless providers and by counties 2 of the costs associated with developing and maintaining E911 3 systems and networks in a manner that is competitively and 4 technologically neutral as to all voice communications 5 services providers. 6 7 It is further the intent of the Legislature that the fee 8 authorized or imposed by this section not necessarily provide 9 the total funding required for establishing or providing E911 10 service. 11 (3) DEFINITIONS.--Only as used in this section and ss. 12 365.171, 365.173, and 365.174, the term: 13 (a) "Active prepaid wireless telephone" means a 14 prepaid wireless telephone that has been used by the customer 15 during the month to complete a telephone call for which the 16 customer's card or balance was decremented. 17 (a)(b) "Answering point" means the public safety 18 agency that receives incoming 911 calls and dispatches 19 appropriate public safety agencies to respond to the calls. 20 (b) "Authorized expenditures" means expenditures of 21 the fee, as specified in subsection (9). 22 (c) "Automatic location identification" means the 23 capability of the E911 service which enables the automatic 24 display of information that defines the approximate geographic 25 location of the wireless telephone, or the location of the 26 address of the wireline telephone, used to place a 911 call. 27 (d) "Automatic number identification" means the 28 capability of the E911 service which enables the automatic 29 display of the 10-digit service number used to place a 911 30 call. 31 (e) "Board" or E911 Board means the board of directors 14 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 of the E911 Wireless 911 Board established in subsection (5). 2 (f) "Building permit review" means a review for 3 compliance with building construction standards adopted by the 4 local government under chapter 553 and does not include a 5 review for compliance with land development regulations. 6 (g) "Collocation" means the situation when a second or 7 subsequent wireless provider uses an existing structure to 8 locate a second or subsequent antennae. The term includes the 9 ground, platform, or roof installation of equipment 10 enclosures, cabinets, or buildings, and cables, brackets, and 11 other equipment associated with the location and operation of 12 the antennae. 13 (h) "Designed service" means the configuration and 14 manner of deployment of service the wireless provider has 15 designed for an area as part of its network. 16 (i) "E911" is the designation for an a wireless 17 enhanced 911 system or wireless enhanced 911 service that is 18 an emergency telephone system or service that provides a 19 subscriber with wireless 911 service and, in addition, directs 20 911 calls to appropriate public safety answering points by 21 selective routing based on the geographical location from 22 which the call originated, or as otherwise provided in the 23 state plan under s. 365.171, and that provides for automatic 24 number identification and automatic location-identification 25 features. E911 service provided by a wireless provider means 26 E911 as defined in the order in accordance with the 27 requirements of the order. 28 (j) "Existing structure" means a structure that exists 29 at the time an application for permission to place antennae on 30 a structure is filed with a local government. The term 31 includes any structure that can structurally support the 15 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 attachment of antennae in compliance with applicable codes. 2 (k) "Fee" means the E911 fee authorized and imposed 3 under subsection (8). 4 (l) "Fund" means the Wireless Emergency Communications 5 Number E911 Telephone System Fund established in s. 365.173 6 and maintained under this section for the purpose of 7 recovering the costs associated with providing 911 service or 8 E911 service, including the costs of implementing the order. 9 The fund shall be segregated into wireless and nonwireless 10 categories. 11 (m) "Historic building, structure, site, object, or 12 district" means any building, structure, site, object, or 13 district that has been officially designated as a historic 14 building, historic structure, historic site, historic object, 15 or historic district through a federal, state, or local 16 designation program. 17 (n) "Land development regulations" means any ordinance 18 enacted by a local government for the regulation of any aspect 19 of development, including an ordinance governing zoning, 20 subdivisions, landscaping, tree protection, or signs, the 21 local government's comprehensive plan, or any other ordinance 22 concerning any aspect of the development of land. The term 23 does not include any building construction standard adopted 24 under and in compliance with chapter 553. 25 (o) "Local exchange carrier" means a "competitive 26 local exchange telecommunications company" or a "local 27 exchange telecommunications company" as defined in s. 364.02. 28 (p) "Local government" means any municipality, county, 29 or political subdivision or agency of a municipality, county, 30 or political subdivision. 31 (q) "Medium county" means any county that has a 16 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 population of 75,000 or more but less than 750,000. 2 (q)(r) "Mobile telephone number" or "MTN" means the 3 telephone number assigned to a wireless telephone at the time 4 of initial activation. 5 (r) "Nonwireless category" means the revenues to the 6 fund received from voice communications services providers 7 other than wireless providers. 8 (s) "Office" means the Florida Enterprise Information 9 Technology Services Office or other office within the 10 Department of Management Services, as designated by the 11 secretary of the department State Technology Office. 12 (t) "Order" means: 13 1. The following orders and rules of the Federal 14 Communications Commission issued in FCC Docket No. 94-102: 15 a. Order adopted on June 12, 1996, with an effective 16 date of October 1, 1996, the amendments to s. 20.03 and the 17 creation of s. 20.18 of Title 47 of the Code of Federal 18 Regulations adopted by the Federal Communications Commission 19 pursuant to such order. 20 b. Memorandum and Order No. FCC 97-402 adopted on 21 December 23, 1997. 22 c. Order No. FCC DA 98-2323 adopted on November 13, 23 1998. 24 d. Order No. FCC 98-345 adopted December 31, 1998. 25 2. Orders and rules subsequently adopted by the 26 Federal Communications Commission relating to the provision of 27 wireless 911 services, including Order Number FCC-05-116, 28 adopted May 19, 2005. 29 (u) "Prepaid calling arrangements" has the same 30 meaning as defined in s. 212.05(1)(e) wireless telephone 31 service" means wireless telephone service that is activated in 17 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 advance by payment for a finite dollar amount of service or 2 for a finite set of minutes that terminate either upon use by 3 a customer and delivery by the wireless provider of an 4 agreed-upon amount of service corresponding to the total 5 dollar amount paid in advance or within a certain period of 6 time following the initial purchase or activation, unless 7 additional payments are made. 8 (v) "Provider" or "wireless provider" means a person 9 or entity who provides service and either: 10 1. Is subject to the requirements of the order; or 11 2. Elects to provide wireless 911 service or E911 12 service in this state. 13 (v)(w) "Public agency" means the state and any 14 municipality, county, municipal corporation, or other 15 governmental entity, public district, or public authority 16 located in whole or in part within this state which provides, 17 or has authority to provide, firefighting, law enforcement, 18 ambulance, medical, or other emergency services. 19 (w)(x) "Public safety agency" means a functional 20 division of a public agency which provides firefighting, law 21 enforcement, medical, or other emergency services. 22 (x)(y) "Rural county" means any county that has a 23 population of fewer than 75,000. 24 (y) "Service identifier" means the service number, 25 access line, or other unique subscriber identifier assigned to 26 a subscriber and established by the Federal Communications 27 Commission for purposes of routing calls whereby the 28 subscriber has access to the E911 system. 29 (z) "Service" means "commercial mobile radio service" 30 as provided under ss. 3(27) and 332(d) of the Federal 31 Telecommunications Act of 1996, 47 U.S.C., ss. 151 et seq., 18 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 and the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 2 103-66, August 10, 1993, 107 Stat. 312. The term "service" 3 includes the term "wireless" and service provided by any 4 wireless real-time two-way wire communication device, 5 including radio-telephone communications used in cellular 6 telephone service; personal communications service; or the 7 functional or competitive equivalent of a radio-telephone 8 communications line used in cellular telephone service, a 9 personal communications service, or a network radio access 10 line. The term does not include wireless providers that offer 11 mainly dispatch service in a more localized, noncellular 12 configuration; providers offering only data, one-way, or 13 stored-voice services on an interconnected basis; providers of 14 air-to-ground services; or public coast stations. 15 (aa) "Service number" means the unique 10-digit 16 wireless telephone number assigned to a service subscriber. 17 (bb) "Sufficient positive balance" means a dollar 18 amount greater than or equal to the monthly wireless surcharge 19 amount. 20 (z)(cc) "Tower" means any structure designed primarily 21 to support a wireless provider's antennae. 22 (aa) "Voice communications services" means two-way 23 voice service, through the use of any technology, which 24 actually provides access to E911 services. The term includes 25 voice-over-Internet-protocol service. For the purposes of this 26 section, the term "voice-over-Internet-protocol service" or 27 "VoIP service" means interconnected VoIP services having the 28 following characteristics: 29 1. The service enables real-time, two-way voice 30 communications; 31 2. The service requires a broadband connection from 19 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 the user's locations; 2 3. The service requires IP-compatible customer 3 premises equipment; and 4 4. The service offering allows users generally to 5 receive calls that originate on the public switched telephone 6 network and to terminate calls on the public switched 7 telephone network. 8 (bb) "Voice communications services provider" or 9 "provider" means any person or entity providing voice 10 communications services, except that the term does not include 11 any person or entity that resells voice communications service 12 and was assessed the fee by its resale supplier. 13 (cc) "Wireless 911 system" or "wireless 911 service" 14 means an emergency telephone system or service that provides a 15 subscriber with the ability to reach an answering point by 16 dialing the digits "911." 17 (dd) "Wireless category" means the revenues to the 18 fund received from a wireless provider. 19 (ee)(dd) "Wireless communications facility" means any 20 equipment or facility used to provide service and may include, 21 but is not limited to, antennae, towers, equipment enclosures, 22 cabling, antenna brackets, and other such equipment. Placing a 23 wireless communications facility on an existing structure does 24 not cause the existing structure to become a wireless 25 communications facility. 26 (ff) "Wireless provider" means a person who provides 27 wireless service and: 28 1. Is subject to the requirements of the order; or 29 2. Elects to provide wireless 911 service or E911 30 service in this state. 31 (gg) "Wireless service" means "commercial mobile radio 20 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 service" as provided under ss. 3(27) and 332(d) of the Federal 2 Telecommunications Act of 1996, 47 U.S.C., ss. 151 et seq., 3 and the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 4 103-66, August 10, 1993, 107 Stat. 312. The term includes 5 service provided by any wireless real-time two-way wire 6 communication device, including radio-telephone communications 7 used in cellular telephone service; personal communications 8 service; or the functional or competitive equivalent of a 9 radio-telephone communications line used in cellular telephone 10 service, a personal communications service, or a network radio 11 access line. The term does not include wireless providers that 12 offer mainly dispatch service in a more localized, noncellular 13 configuration; providers offering only data, one-way, or 14 stored-voice services on an interconnected basis; providers of 15 air-to-ground services; or public coast stations. 16 (ee) "Wireless 911 system" or "wireless 911 service" 17 means an emergency telephone system or service that provides a 18 subscriber with the ability to reach an answering point by 19 dialing the digits "911." A wireless 911 system is 20 complementary to a wired 911 system as provided for in s. 21 365.171. 22 (4) POWERS AND DUTIES OF THE OFFICE.--The office shall 23 oversee the administration of the fee authorized and imposed 24 on subscribers of voice communications services statewide E911 25 service under subsection (8). 26 (5) THE E911 WIRELESS 911 BOARD.-- 27 (a) The E911 Wireless 911 Board is established to 28 administer, with oversight by the office, the fee imposed 29 under subsection (8), including receiving revenues derived 30 from the fee; distributing portions of the such revenues to 31 wireless providers, counties, and the office; accounting for 21 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 receipts, distributions, and income derived by the funds 2 maintained in the fund; and providing annual reports to the 3 Governor and the Legislature for submission by the office on 4 amounts collected and expended, the purposes for which 5 expenditures have been made, and the status of wireless E911 6 service in this state. In order to advise and assist the 7 office in carrying out the purposes of this section, the 8 board, which shall have the power of a body corporate, has 9 shall have the powers enumerated in subsection (6). 10 (b) The board shall consist of nine seven members, one 11 of whom must be the system director designated under s. 12 365.171(5), or his or her designee, who shall serve as the 13 chair of the board. The remaining eight six members of the 14 board shall be appointed by the Governor and must be composed 15 of four three county 911 coordinators, consisting of a 16 representative from a rural county, a representative from a 17 medium county, a representative from a large county, and an 18 at-large representative recommended by the Florida Association 19 of Counties in consultation with the county 911 coordinators; 20 two local exchange carrier members, one of which must be the 21 local exchange carrier having the greatest number of access 22 lines in the state; and two three members from the wireless 23 telecommunications industry recommended by the Florida 24 Telecommunications Industry Association in consultation with 25 the wireless telecommunications industry. In recommending 26 members from the wireless telecommunications industry, 27 consideration must be given to wireless providers who are not 28 affiliated with local exchange carriers. Not more than one 29 member may be appointed to represent any single provider on 30 the board. 31 (c) The system director, designated under s. 22 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 365.171(5), or his or her designee, must be a permanent member 2 of the board. Each of the remaining eight six members of the 3 board shall be appointed to a 4-year term and may not be 4 appointed to more than two successive terms. However, for the 5 purpose of staggering terms, two of the original board members 6 shall be appointed to terms of 4 years, two shall be appointed 7 to terms of 3 years, and four two shall be appointed to terms 8 of 2 years, as designated by the Governor. A vacancy on the 9 board shall be filled in the same manner as the original 10 appointment. 11 (d) The first vacancy in a wireless provider 12 representative position occurring after July 1, 2007, must be 13 filled by appointment of a local exchange company 14 representative. Until the appointment is made, there shall be 15 only one local exchange company representative serving on the 16 board, notwithstanding any other provision to the contrary. 17 (6) AUTHORITY OF THE BOARD; ANNUAL REPORT.-- 18 (a) The board shall: 19 1. Administer the E911 fee. 20 2. Implement, maintain, and oversee the fund. 21 3. Review and oversee the disbursement of the revenues 22 deposited into the fund as provided in s. 365.173. 23 a. The board may establish a schedule for implementing 24 wireless E911 service by service area, and prioritize 25 disbursements of revenues from the fund to providers and rural 26 counties as provided in s. 365.173(2)(c) s. 365.173(2)(b) and 27 (f)(c) pursuant to the schedule, in order to implement 28 E911 services in the most efficient and cost-effective manner. 29 b. Revenues in the wireless category collected and 30 deposited into the fund for distribution as provided in s. 31 365.173(2)(b), but which have not been disbursed because sworn 23 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 invoices as required by s. 365.173(2)(c) s. 365.173(2)(b) have 2 not been submitted to the board, may be used utilized by the 3 board as needed to provide grants to rural counties and loans 4 to medium counties that are not eligible to receive grants 5 under s. 365.173(2)(f) for the purpose of upgrading E911 6 systems. The counties must use the funds only for capital 7 expenditures directly attributable to establishing and 8 provisioning E911 services, which may include next-generation 9 deployment. Grants provided to rural counties would be in 10 addition to disbursements provided under s. 365.173(2)(c). 11 Loans provided to medium counties shall be based on county 12 hardship criteria as determined and approved by the board. 13 Revenues utilized for this purpose shall be fully repaid to 14 the fund in a manner and under a timeframe as determined and 15 approved by the board. The board shall take all actions within 16 its authority to ensure that county recipients of such grants 17 use and loans utilize these funds only for the purpose under 18 which they have been provided and may take any actions within 19 its authority to secure county repayment of grant and loan 20 revenues upon determination that the funds were not used 21 utilized for the purpose under which they were provided. 22 c. The board shall reimburse all costs of a wireless 23 provider before taking any action to transfer additional 24 funds. 25 d. After taking the action required in this 26 subparagraph, the board may review and, with all members 27 participating in the vote, adjust the percentage allocations 28 or adjust the amount of the fee, or both, under paragraph 29 (8)(h), and, if the board determines that the revenues in the 30 wireless category exceed the amount needed to reimburse 31 wireless providers for the cost to implement E911 services, 24 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 the board may transfer revenue to the counties from the 2 existing funds within the wireless category. The board shall 3 disburse the funds equitably to all counties using a timeframe 4 and distribution methodology established by the board. 5 e. By September 1, 2007, the board shall authorize the 6 transfer of up to $15 million to the county category of the 7 fund from existing money within the wireless category of the 8 fund established under s. 365.173(1). The money shall be 9 disbursed equitably to all of the counties using a timeframe 10 and distribution methodology established by the board before 11 September 1, 2007. All funds used from the carryforward must 12 be returned to the fund from the actual remittance by each 13 nonwireless category. 14 4. Review documentation submitted by wireless 15 providers which reflects current and projected funds derived 16 from the E911 fee, and the expenses incurred and expected to 17 be incurred, in order to comply with the E911 service 18 requirements contained in the order for the purposes of: 19 a. Ensuring that wireless providers receive fair and 20 equitable distributions of funds from the fund. 21 b. Ensuring that wireless providers are not provided 22 disbursements from the fund which exceed the costs of 23 providing E911 service, including the costs of complying with 24 the order. 25 c. Ascertaining the projected costs of compliance with 26 the requirements of the order and projected collections of the 27 E911 fee. 28 d. Implementing changes to the allocation percentages 29 or adjusting reducing the E911 fee under paragraph (8)(i) 30 (8)(c). 31 5. Meet monthly in the most efficient and 25 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 cost-effective manner, including telephonically when 2 practical, for the business to be conducted, to review and 3 approve or reject, in whole or in part, applications submitted 4 by wireless providers for recovery of moneys deposited into 5 the wireless category, and to authorize the transfer of, and 6 distribute, the fee allocation to the counties fund. 7 6. Hire and retain employees, which may include an 8 independent executive director who shall possess experience in 9 the area of telecommunications and emergency 911 issues, for 10 the purposes of performing the technical and administrative 11 functions for the board. 12 7. Make and enter into contracts, pursuant to chapter 13 287, and execute other instruments necessary or convenient for 14 the exercise of the powers and functions of the board. 15 8. Take all necessary and reasonable steps by July 1, 16 2000, to secure appropriate information and reports from 17 providers and otherwise perform all of the functions that 18 would be performed by an independent accounting firm prior to 19 completing the request-for-proposals process under subsection 20 (7). 21 8.9. Sue and be sued, and appear and defend in all 22 actions and proceedings, in its corporate name to the same 23 extent as a natural person. 24 9.10. Adopt, use, and alter a common corporate seal. 25 10.11. Elect or appoint the officers and agents that 26 are required by the affairs of the board. 27 11.12. The board may adopt rules under ss. 120.536(1) 28 and 120.54 to implement this section and ss. 365.173 and 29 365.174. 30 12.13. Provide coordination, support, and technical 31 assistance to counties to promote the deployment of advanced 26 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 911 and E911 systems in the state. 2 13.14. Provide coordination and support for 3 educational opportunities related to E911 911 issues for the 4 E911 911 community in this state. 5 14.15. Act as an advocate for issues related to E911 6 911 system functions, features, and operations to improve the 7 delivery of E911 911 services to the residents of and visitors 8 to this state. 9 15.16. Coordinate input from this state at national 10 forums and associations, to ensure that policies related to 11 E911 911 systems and services are consistent with the policies 12 of the E911 911 community in this state. 13 16.17. Work cooperatively with the system director 14 established in s. 365.171(5) to enhance the state of E911 911 15 services in this state and to provide unified leadership for 16 all E911 911 issues through planning and coordination. 17 17.18. Do all acts and things necessary or convenient 18 to carry out the powers granted in this section in a manner 19 that is competitively and technologically neutral as to all 20 voice communications services providers, including, but not 21 limited to, consideration of emerging technology and related 22 cost savings, while taking into account embedded costs in 23 current systems. 24 18.19. Have the authority to secure the services of an 25 independent, private attorney via invitation to bid, request 26 for proposals, invitation to negotiate, or professional 27 contracts for legal services already established at the 28 Division of Purchasing of the Department of Management 29 Services. 30 (b) Board members shall serve without compensation; 31 however, members are entitled to per diem and travel expenses 27 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 as provided in s. 112.061. 2 (c) By February 28 of each year, the board shall 3 prepare a report for submission by the office to the Governor, 4 the President of the Senate, and the Speaker of the House of 5 Representatives which addresses for the immediately preceding 6 calendar year: reflects, for the immediately preceding 7 calendar year, the quarterly and annual receipts and 8 disbursements of moneys in the fund, the purposes for which 9 disbursements of moneys from the fund have been made, and the 10 availability and status of implementation of E911 service in 11 this state. 12 (d) By February 28, 2001, the board shall undertake 13 and complete a study for submission by the office to the 14 Governor, the President of the Senate, and the Speaker of the 15 House of Representatives which addresses: 16 1. The annual receipts, including the total amount of 17 E911 fee revenues collected by each provider, the total 18 disbursements of money in the fund, including the amount of 19 fund-reimbursed expenses incurred by each wireless provider to 20 comply with the order, and the amount of moneys on deposit in 21 the fund, all as of December 1, 2000. 22 2. Whether the amount of the E911 fee and the 23 allocation percentages set forth in s. 365.173 have been or 24 should be adjusted to comply with the requirements of the 25 order or other provisions of this chapter, and the reasons for 26 making or not making, if so, a recommended adjustment to the 27 E911 fee. 28 3. Any other issues related to providing wireless E911 29 services. 30 4. The status of E911 services in this state. 31 (7) REQUEST FOR PROPOSALS FOR INDEPENDENT ACCOUNTING 28 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 FIRM.-- 2 (a) The board shall issue a request for proposals as 3 provided in chapter 287 for the purpose of retaining an 4 independent accounting firm. The independent accounting firm 5 shall perform all material administrative and accounting tasks 6 and functions required for administering the E911 fee. The 7 request for proposals must include, but need not be limited 8 to: 9 1. A description of the scope and general requirements 10 of the services requested. 11 2. A description of the specific accounting and 12 reporting services required for administering the fund, 13 including processing checks and distributing funds as directed 14 by the board under s. 365.173. 15 3. A description of information to be provided by the 16 proposer, including the proposer's background and 17 qualifications and the proposed cost of the services to be 18 provided. 19 (b) The board shall establish a committee to review 20 requests for proposals which must include the statewide E911 21 911 system director designated under s. 365.171(5), or his or 22 her designee, and two members of the board, one of whom is a 23 county 911 coordinator and one of whom represents a voice 24 communications services provider the wireless 25 telecommunications industry. The review committee shall review 26 the proposals received by the board and recommend an 27 independent accounting firm to the board for final selection. 28 By agreeing to serve on the review committee, each member of 29 the review committee shall verify that he or she does not have 30 any interest or employment, directly or indirectly, with 31 potential proposers which conflicts in any manner or degree 29 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 with his or her performance on the committee. 2 (c) After July 1, 2004, the board may secure the 3 services of an independent accounting firm via invitation to 4 bid, request for proposals, invitation to negotiate, or 5 professional contracts already established at the Division of 6 Purchasing, Department of Management Services, for certified 7 public accounting firms, or the board may hire and retain 8 professional accounting staff to accomplish these functions. 9 (8) WIRELESS E911 FEE.-- 10 (a) Each voice communications services home service 11 provider shall collect the a monthly fee described in this 12 subsection imposed on each customer whose place of primary use 13 is within this state. Each provider, as part of its monthly 14 billing process, shall bill the fee as follows. The fee shall 15 not be assessed on any pay telephone in the state. 16 1. Each local exchange carrier shall bill the fee to 17 the local exchange subscribers on a service-identifier basis, 18 up to a maximum of 25 access lines per account bill rendered. 19 2. Except in the case of prepaid wireless service, 20 each wireless provider shall bill the fee to a subscriber on a 21 per-service-identifier basis for service identifiers whose 22 primary place of use is within this state. Before July 1, 23 2009, the fee shall not be assessed on or collected from a 24 provider with respect to an end user's service if that end 25 user's service is a prepaid calling arrangement that is 26 subject to s. 212.05(1)(e). 27 a. The board shall conduct a study to determine 28 whether it is feasible to collect E911 fees from the sale of 29 prepaid wireless service. If, based on the findings of the 30 study, the board determines that a fee should not be collected 31 from the sale of prepaid wireless service, it shall report its 30 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 findings and recommendation to the Governor, the President of 2 the Senate, and the Speaker of the House of Representatives by 3 December 31, 2008. If the board determines that a fee should 4 be collected from the sale of prepaid wireless service, the 5 board shall collect the fee beginning July 1, 2009. 6 b. For purposes of this section, the term: 7 (I) "Prepaid wireless service" means the right to 8 access telecommunications services that must be paid for in 9 advance and is sold in predetermined units or dollars enabling 10 the originator to make calls such that the number of units or 11 dollars declines with use in a known amount. 12 (II) "Prepaid wireless service providers" includes 13 those persons who sell prepaid wireless service regardless of 14 its form, either as a retailer or reseller. 15 c. The study must include an evaluation of methods by 16 which E911 fees may be collected from end users and purchasers 17 of prepaid wireless service on an equitable, efficient, 18 competitively neutral, and nondiscriminatory basis and must 19 consider whether the collection of fees on prepaid wireless 20 service would constitute an efficient use of public funds 21 given the technological and practical considerations of 22 collecting the fee based on the varying methodologies prepaid 23 wireless service providers and their agents use in marketing 24 prepaid wireless service. 25 d. The study must include a review and evaluation of 26 the collection of E911 fees on prepaid wireless service at the 27 point of sale within the state. This evaluation must be 28 consistent with the collection principles of end user charges 29 such as those in s. 212.05(1)(e). 30 e. No later than 90 days after this section becomes 31 law, the board shall require all prepaid wireless service 31 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 providers, including resellers, to provide the board with 2 information that the board determines is necessary to 3 discharge its duties under this section, including information 4 necessary for its recommendation, such as total retail and 5 reseller prepaid wireless service sales. 6 f. All subscriber information provided by a prepaid 7 wireless service provider in response to a request from the 8 board while conducting this study is subject to s. 365.174. 9 g. The study shall be conducted by an entity competent 10 and knowledgeable in matters of state taxation policy if the 11 board does not possess that expertise. The study must be paid 12 from the moneys distributed to the board for administrative 13 purposes under s. 365.173(2)(e) but may not exceed $250,000. 14 3. All voice communications services providers not 15 addressed under subparagraphs 1. and 2. shall bill the fee on 16 a per-service-identifier basis for service identifiers whose 17 primary place of use is within the state up to a maximum of 25 18 service identifiers for each account bill rendered. 19 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 to the board 23 only if the fee is paid by the subscriber. If a provider 24 receives a partial payment for a monthly bill from a 25 subscriber, the amount received shall first be applied to the 26 payment due the provider for providing voice communications 27 service. 28 (b) A provider is not obligated to take any legal 29 action to enforce collection of the fees for which any 30 subscriber is billed. A county subscribing to 911 service 31 remains liable to the provider delivering the 911 service or 32 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 equipment for any 911 service, equipment, operation, or 2 maintenance charge owed by the county to the provider. 3 (c) For purposes of this section, the state and local 4 governments are not subscribers customers. 5 (d) Each provider may retain 1 percent of the amount 6 of the fees collected as reimbursement for the administrative 7 costs incurred by the provider to bill, collect, and remit the 8 fee. The remainder shall be delivered to the board and 9 deposited by the board into the fund. The board shall 10 distribute the remainder pursuant to s. 365.173. 11 (e) Effective September 1, 2007, voice communications 12 services providers billing the fee to subscribers shall 13 deliver revenues from the fee to the board within 60 days 14 after the end of the month in which the fee was billed, 15 together with a monthly report of the number of service 16 identifiers in each county. Each wireless provider and other 17 applicable provider identified in subparagraph (a)3. shall 18 report the number of service identifiers for subscribers whose 19 place of primary use is in each county. All provider 20 subscriber information provided to the board is subject to s. 21 365.174. If a provider chooses to remit any fee amounts to the 22 board before they are paid by the subscribers, a provider may 23 apply to the board for a refund of, or may take a credit for, 24 any such fees remitted to the board which are not collected by 25 the provider within 6 months following the month in which the 26 fees are charged off for federal income tax purposes as bad 27 debt. 28 (f) The rate of the fee shall be set by the board 29 after considering the factors set forth in paragraphs (h) and 30 (i), but may not exceed shall be 50 cents per month per each 31 service identifier number, beginning August 1, 1999. The fee 33 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 shall apply uniformly and be imposed throughout the state, 2 except for those counties that, before July 1, 2007, had 3 adopted an ordinance or resolution establishing a fee less 4 than 50 cents per month per access line. In those counties, 5 the ordinance-established fee shall apply until changed by the 6 board but not before August 31, 2008. On or after September 1, 7 2008, the board may adjust the level of the fee for all such 8 counties to the uniform statewide fee level. 9 (g) It is the intent of the Legislature that all 10 revenue from the fee be used as specified in s. 11 365.173(2)(a)-(h). 12 (h) No later than November 1, 2007, the board may 13 adjust the allocation percentages for distribution of the fund 14 as provided in s. 365.173. When setting the percentages and 15 contemplating any adjustments to the fee, the board shall 16 consider the following: 17 1. The revenues currently allocated for wireless 18 service provider costs for implementing E911 service and 19 projected costs for implementing E911 service, including 20 recurring costs for Phase I and Phase II and the effect of new 21 technologies; 22 2. The appropriate level of funding needed to fund the 23 rural grant program provided for in s. 365.173(2)(g); and 24 3. The need to fund statewide, regional, and county 25 programs or initiatives to assist counties that are not 26 eligible to receive funds under s. 365.173(2)(g) with systems 27 that would reduce their overall costs. 28 (b) The fee is established to ensure full recovery for 29 providers and for counties, over a reasonable period, of the 30 costs associated with developing and maintaining an E911 31 system on a technologically and competitively neutral basis. 34 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 (i)(c) After July 1, 2001, The board may adjust the 2 allocation percentages or adjust provided in s. 365.173 or 3 reduce the amount of the fee, or both, if necessary to ensure 4 full cost recovery or prevent overrecovery of costs incurred 5 in the provision of E911 service, including costs incurred or 6 projected to be incurred to comply with the order. Any new 7 allocation percentages or reduced or increased fee may not be 8 adjusted for 1 year. The fee may not exceed 50 cents per month 9 per each service identifier number. The board-established fee, 10 and any board-adjustment of the fee, shall be uniform 11 throughout the state, except for the counties identified in 12 paragraph (f). No less than 90 days before the effective date 13 of any adjustment to the fee, the board shall provide written 14 notice of the adjusted fee amount and effective date to each 15 voice communications services provider from which the board is 16 then receiving the fee. 17 (j)(d) State and local taxes do not apply to the fee. 18 (k)(e) A local government may not levy the fee or any 19 additional fee on wireless providers or subscribers for the 20 provision of E911 service. 21 (l) For purposes of this section, the definitions 22 contained in s. 202.11 and the provisions of s. 202.155 apply 23 in the same manner and to the same extent as the definitions 24 and provisions apply to the taxes levied under chapter 202 on 25 mobile communications services. 26 (9) AUTHORIZED EXPENDITURES OF E911 FEE.-- 27 (a) For purposes of this section, E911 service 28 includes the functions of database management, call taking, 29 location verification, and call transfer. 30 (b) All costs directly attributable to the 31 establishment or provision of E911 service and contracting for 35 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 E911 services are eligible for expenditure of moneys derived 2 from imposition of the fee authorized by this section. These 3 costs include the acquisition, implementation, and maintenance 4 of Public Safety Answering Point (PSAP) equipment and E911 5 service features, as defined in the Public Service 6 Commission's lawfully approved 911 and E911 and related 7 tariffs or the acquisition, installation, and maintenance of 8 other E911 equipment, including call answering equipment, call 9 transfer equipment, ANI controllers, ALI controllers, ANI 10 displays, ALI displays, station instruments, E911 11 telecommunications systems, visual call information and 12 storage devices, recording equipment, telephone devices and 13 other equipment for the hearing impaired used in the E911 14 system, PSAP backup power systems, consoles, automatic call 15 distributors, and interfaces, including hardware and software, 16 for computer-aided dispatch (CAD) systems, integrated CAD 17 systems for that portion of the systems used for E911 call 18 taking, network clocks, salary and associated expenses for 19 E911 call takers for that portion of their time spent taking 20 and transferring E911 calls, salary and associated expenses 21 for a county to employ a full-time equivalent E911 coordinator 22 position and a full-time equivalent mapping or geographical 23 data position and a staff assistant position per county for 24 the portion of their time spent administrating the E911 25 system, training costs for PSAP call takers, supervisors, and 26 managers in the proper methods and techniques used in taking 27 and transferring E911 calls, costs to train and educate PSAP 28 employees regarding E911 service or E911 equipment, and 29 expenses required to develop and maintain all information, 30 including ALI and ANI databases and other information source 31 repositories, necessary to properly inform calltakers as to 36 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 location address, type of emergency, and other information 2 directly relevant to the E911 call-taking and transferring 3 function. Moneys derived from the fee may also be used for 4 next-generation E911 network services, next-generation E911 5 database services, next-generation E911 equipment, and 6 wireless E911 routing systems. 7 (c) The moneys may not be used to pay for any item not 8 listed in this subsection, including, but not limited to, any 9 capital or operational costs for emergency responses which 10 occur after the call transfer to the responding public safety 11 entity and the costs for constructing, leasing, maintaining, 12 or renovating buildings, except for those building 13 modifications necessary to maintain the security and 14 environmental integrity of the PSAP and E911 equipment rooms. 15 (10) LIABILITY OF COUNTIES.--A county subscribing to 16 911 service remains liable to the local exchange carrier for 17 any 911 service, equipment, operation, or maintenance charge 18 owed by the county to the local exchange carrier. As used in 19 this subsection, the term "local exchange carrier" means a 20 local exchange telecommunications service provider of 911 21 service or equipment to any county within its certificated 22 area. 23 (11) INDEMNIFICATION AND LIMITATION OF 24 LIABILITY.--Local governments are authorized to undertake to 25 indemnify local exchange carriers against liability in 26 accordance with the lawfully filed tariffs of the company. 27 Notwithstanding an indemnification agreement, a voice 28 communications services provider is not liable for damages 29 resulting from or in connection with 911 or E911 service, of 30 for identification of the telephone number, or address, or 31 name associated with any person accessing 911 or E911 service, 37 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 unless the voice communications services provider acted with 2 malicious purpose or in a manner exhibiting wanton and willful 3 disregard of the rights, safety, or property of a person when 4 providing such services. A voice communications services 5 provider is not liable for damages to any person resulting 6 from or in connection with the provider's provision of any 7 lawful assistance to any investigative or law enforcement 8 officer of the United States, this state, or a political 9 subdivision thereof, or of any other state or political 10 subdivision thereof, in connection with any lawful 11 investigation or other law enforcement activity by such law 12 enforcement officer. 13 (9) MANAGEMENT OF FUNDS.-- 14 (a) Each provider, as a part of its monthly billing 15 process, shall collect the fee imposed under subsection (8). 16 The provider may list the fee as a separate entry on each 17 bill, in which case the fee must be identified as a fee for 18 E911 services. A provider shall remit the fee only if the fee 19 is paid by the subscriber. If a provider receives a partial 20 payment for a monthly bill from a subscriber, the amount 21 received shall first be applied to the payment due the 22 provider for the provision of telecommunications service. 23 (b) In the case of prepaid wireless telephone service, 24 the monthly wireless 911 surcharge imposed by subsection (8) 25 shall be remitted based upon each prepaid wireless telephone 26 associated with this state, for each wireless service customer 27 that has a sufficient positive balance as of the last day of 28 each month. The surcharge shall be remitted in any manner 29 consistent with the wireless provider's existing operating or 30 technological abilities, such as customer address, location 31 associated with the MTN, or reasonable allocation method based 38 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 upon other comparable relevant data. The surcharge amount or 2 an equivalent number of minutes may be reduced from the 3 prepaid subscriber's account since a direct billing may not be 4 possible. However, collection of the wireless 911 surcharge in 5 the manner of a reduction of value or minutes from the prepaid 6 subscriber's account does not constitute a reduction in the 7 sales price for purposes of taxes that are collected at the 8 point of sale. 9 (c) A provider is not obligated to take any legal 10 action to enforce collection of the fees for which any 11 subscriber is billed. The provider shall provide to the board 12 each quarter a list of the names, addresses, and service 13 numbers of all subscribers who have indicated to the provider 14 their refusal to pay the fee. 15 (d) Each provider may retain 1 percent of the amount 16 of the fees collected as reimbursement for the administrative 17 costs incurred by the provider to bill, collect, and remit the 18 fee. The remainder shall be delivered to the board and 19 deposited in the fund. The board shall distribute the 20 remainder pursuant to s. 365.173. 21 (e) Each provider shall deliver revenues from the fee 22 to the board within 60 days after the end of the month in 23 which the fee was billed, together with a monthly report of 24 the number of wireless customers whose place of primary use is 25 in each county. A provider may apply to the board for a refund 26 of, or may take a credit for, any fees remitted to the board 27 which are not collected by the provider within 6 months 28 following the month in which the fees are charged off for 29 federal income tax purposes as bad debt. The board may waive 30 the requirement that the fees and number of customers whose 31 place of primary use is in each county be submitted to the 39 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 board each month and authorize a provider to submit the fees 2 and number of customers quarterly if the provider demonstrates 3 that such waiver is necessary and justified. 4 (f) For purposes of this section, the definitions 5 contained in s. 202.11 and the provisions of s. 202.155 apply 6 in the same manner and to the same extent as such definitions 7 and provisions apply to the taxes levied pursuant to chapter 8 202 on mobile communications services. 9 (g) As used in this subsection, the term "provider" 10 includes any person or entity that resells wireless service 11 and was not assessed the fee by its resale supplier. 12 (10) PROVISION OF SERVICES.--In accordance with the 13 order, a provider is not required to provide E911 service 14 until: 15 (a) The provider receives a request in writing for 16 such service from the county 911 coordinator and the affected 17 answering point is capable of receiving and using the data 18 elements associated with the service. 19 (b) Funds are available under s. 365.173(2)(b). 20 (c) The local exchange carrier is able to support the 21 E911 system. 22 (d) The service area has been scheduled for 23 implementation of E911 service by the board pursuant to 24 subparagraph (6)(a)3. If a county's 911 coordinator requests 25 E911 service from a provider, the coordinator shall also 26 request E911 service from all other providers in the area in a 27 nondiscriminatory and fair manner. 28 (12)(11) FACILITATING E911 SERVICE IMPLEMENTATION.--To 29 balance the public need for reliable E911 services through 30 reliable wireless systems and the public interest served by 31 governmental zoning and land development regulations and 40 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 notwithstanding any other law or local ordinance to the 2 contrary, the following standards shall apply to a local 3 government's actions, as a regulatory body, in the regulation 4 of the placement, construction, or modification of a wireless 5 communications facility. This subsection shall not, however, 6 be construed to waive or alter the provisions of s. 286.011 or 7 s. 286.0115. For the purposes of this subsection only, "local 8 government" shall mean any municipality or county and any 9 agency of a municipality or county only. The term "local 10 government" does not, however, include any airport, as defined 11 by s. 330.27(2), even if it is owned or controlled by or 12 through a municipality, county, or agency of a municipality or 13 county. Further, notwithstanding anything in this section to 14 the contrary, this subsection does not apply to or control a 15 local government's actions as a property or structure owner in 16 the use of any property or structure owned by such entity for 17 the placement, construction, or modification of wireless 18 communications facilities. In the use of property or 19 structures owned by the local government, however, a local 20 government may not use its regulatory authority so as to avoid 21 compliance with, or in a manner that does not advance, the 22 provisions of this subsection. 23 (a) Collocation among wireless providers is encouraged 24 by the state. 25 1.a. Collocations on towers, including nonconforming 26 towers, that meet the requirements in sub-sub-subparagraphs 27 (I), (II), and (III), are subject to only building permit 28 review, which may include a review for compliance with this 29 subparagraph. Such collocations are not subject to any design 30 or placement requirements of the local government's land 31 development regulations in effect at the time of the 41 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 collocation that are more restrictive than those in effect at 2 the time of the initial antennae placement approval, to any 3 other portion of the land development regulations, or to 4 public hearing review. This sub-subparagraph shall not 5 preclude a public hearing for any appeal of the decision on 6 the collocation application. 7 (I) The collocation does not increase the height of 8 the tower to which the antennae are to be attached, measured 9 to the highest point of any part of the tower or any existing 10 antenna attached to the tower; 11 (II) The collocation does not increase the ground 12 space area, commonly known as the compound, approved in the 13 site plan for equipment enclosures and ancillary facilities; 14 and 15 (III) The collocation consists of antennae, equipment 16 enclosures, and ancillary facilities that are of a design and 17 configuration consistent with all applicable regulations, 18 restrictions, or conditions, if any, applied to the initial 19 antennae placed on the tower and to its accompanying equipment 20 enclosures and ancillary facilities and, if applicable, 21 applied to the tower supporting the antennae. Such regulations 22 may include the design and aesthetic requirements, but not 23 procedural requirements, other than those authorized by this 24 section, of the local government's land development 25 regulations in effect at the time the initial antennae 26 placement was approved. 27 b. Except for a historic building, structure, site, 28 object, or district, or a tower included in sub-subparagraph 29 a., collocations on all other existing structures that meet 30 the requirements in sub-sub-subparagraphs (I)-(IV) shall be 31 subject to no more than building permit review, and an 42 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 administrative review for compliance with this subparagraph. 2 Such collocations are not subject to any portion of the local 3 government's land development regulations not addressed 4 herein, or to public hearing review. This sub-subparagraph 5 shall not preclude a public hearing for any appeal of the 6 decision on the collocation application. 7 (I) The collocation does not increase the height of 8 the existing structure to which the antennae are to be 9 attached, measured to the highest point of any part of the 10 structure or any existing antenna attached to the structure; 11 (II) The collocation does not increase the ground 12 space area, otherwise known as the compound, if any, approved 13 in the site plan for equipment enclosures and ancillary 14 facilities; 15 (III) The collocation consists of antennae, equipment 16 enclosures, and ancillary facilities that are of a design and 17 configuration consistent with any applicable structural or 18 aesthetic design requirements and any requirements for 19 location on the structure, but not prohibitions or 20 restrictions on the placement of additional collocations on 21 the existing structure or procedural requirements, other than 22 those authorized by this section, of the local government's 23 land development regulations in effect at the time of the 24 collocation application; and 25 (IV) The collocation consists of antennae, equipment 26 enclosures, and ancillary facilities that are of a design and 27 configuration consistent with all applicable restrictions or 28 conditions, if any, that do not conflict with 29 sub-sub-subparagraph (III) and were applied to the initial 30 antennae placed on the structure and to its accompanying 31 equipment enclosures and ancillary facilities and, if 43 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 applicable, applied to the structure supporting the antennae. 2 c. Regulations, restrictions, conditions, or permits 3 of the local government, acting in its regulatory capacity, 4 that limit the number of collocations or require review 5 processes inconsistent with this subsection shall not apply to 6 collocations addressed in this subparagraph. 7 d. If only a portion of the collocation does not meet 8 the requirements of this subparagraph, such as an increase in 9 the height of the proposed antennae over the existing 10 structure height or a proposal to expand the ground space 11 approved in the site plan for the equipment enclosure, where 12 all other portions of the collocation meet the requirements of 13 this subparagraph, that portion of the collocation only may be 14 reviewed under the local government's regulations applicable 15 to an initial placement of that portion of the facility, 16 including, but not limited to, its land development 17 regulations, and within the review timeframes of subparagraph 18 (d)2., and the rest of the collocation shall be reviewed in 19 accordance with this subparagraph. A collocation proposal 20 under this subparagraph that increases the ground space area, 21 otherwise known as the compound, approved in the original site 22 plan for equipment enclosures and ancillary facilities by no 23 more than a cumulative amount of 400 square feet or 50 percent 24 of the original compound size, whichever is greater, shall, 25 however, require no more than administrative review for 26 compliance with the local government's regulations, including, 27 but not limited to, land development regulations review, and 28 building permit review, with no public hearing review. This 29 sub-subparagraph shall not preclude a public hearing for any 30 appeal of the decision on the collocation application. 31 2. If a collocation does not meet the requirements of 44 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 subparagraph 1., the local government may review the 2 application under the local government's regulations, 3 including, but not limited to, land development regulations, 4 applicable to the placement of initial antennae and their 5 accompanying equipment enclosure and ancillary facilities. 6 3. If a collocation meets the requirements of 7 subparagraph 1., the collocation shall not be considered a 8 modification to an existing structure or an impermissible 9 modification of a nonconforming structure. 10 4. The owner of the existing tower on which the 11 proposed antennae are to be collocated shall remain 12 responsible for compliance with any applicable condition or 13 requirement of a permit or agreement, or any applicable 14 condition or requirement of the land development regulations 15 to which the existing tower had to comply at the time the 16 tower was permitted, including any aesthetic requirements, 17 provided the condition or requirement is not inconsistent with 18 this paragraph. 19 5. An existing tower, including a nonconforming tower, 20 may be structurally modified in order to permit collocation or 21 may be replaced through no more than administrative review and 22 building permit review, and is not subject to public hearing 23 review, if the overall height of the tower is not increased 24 and, if a replacement, the replacement tower is a monopole 25 tower or, if the existing tower is a camouflaged tower, the 26 replacement tower is a like-camouflaged tower. This 27 subparagraph shall not preclude a public hearing for any 28 appeal of the decision on the application. 29 (b)1. A local government's land development and 30 construction regulations for wireless communications 31 facilities and the local government's review of an application 45 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 for the placement, construction, or modification of a wireless 2 communications facility shall only address land development or 3 zoning issues. In such local government regulations or review, 4 the local government may not require information on or 5 evaluate a wireless provider's business decisions about its 6 service, customer demand for its service, or quality of its 7 service to or from a particular area or site, unless the 8 wireless provider voluntarily offers this information to the 9 local government. In such local government regulations or 10 review, a local government may not require information on or 11 evaluate the wireless provider's designed service unless the 12 information or materials are directly related to an identified 13 land development or zoning issue or unless the wireless 14 provider voluntarily offers the information. Information or 15 materials directly related to an identified land development 16 or zoning issue may include, but are not limited to, evidence 17 that no existing structure can reasonably be used for the 18 antennae placement instead of the construction of a new tower, 19 that residential areas cannot be served from outside the 20 residential area, as addressed in subparagraph 3., or that the 21 proposed height of a new tower or initial antennae placement 22 or a proposed height increase of a modified tower, replacement 23 tower, or collocation is necessary to provide the provider's 24 designed service. Nothing in this paragraph shall limit the 25 local government from reviewing any applicable land 26 development or zoning issue addressed in its adopted 27 regulations that does not conflict with this section, 28 including, but not limited to, aesthetics, landscaping, land 29 use based location priorities, structural design, and 30 setbacks. 31 2. Any setback or distance separation required of a 46 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 tower may not exceed the minimum distance necessary, as 2 determined by the local government, to satisfy the structural 3 safety or aesthetic concerns that are to be protected by the 4 setback or distance separation. 5 3. A local government may exclude the placement of 6 wireless communications facilities in a residential area or 7 residential zoning district but only in a manner that does not 8 constitute an actual or effective prohibition of the 9 provider's service in that residential area or zoning 10 district. If a wireless provider demonstrates to the 11 satisfaction of the local government that the provider cannot 12 reasonably provide its service to the residential area or zone 13 from outside the residential area or zone, the municipality or 14 county and provider shall cooperate to determine an 15 appropriate location for a wireless communications facility of 16 an appropriate design within the residential area or zone. The 17 local government may require that the wireless provider 18 reimburse the reasonable costs incurred by the local 19 government for this cooperative determination. An application 20 for such cooperative determination shall not be considered an 21 application under paragraph (d). 22 4. A local government may impose a reasonable fee on 23 applications to place, construct, or modify a wireless 24 communications facility only if a similar fee is imposed on 25 applicants seeking other similar types of zoning, land use, or 26 building permit review. A local government may impose fees for 27 the review of applications for wireless communications 28 facilities by consultants or experts who conduct code 29 compliance review for the local government but any fee is 30 limited to specifically identified reasonable expenses 31 incurred in the review. A local government may impose 47 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 reasonable surety requirements to ensure the removal of 2 wireless communications facilities that are no longer being 3 used. 4 5. A local government may impose design requirements, 5 such as requirements for designing towers to support 6 collocation or aesthetic requirements, except as otherwise 7 limited in this section, but shall not impose or require 8 information on compliance with building code type standards 9 for the construction or modification of wireless 10 communications facilities beyond those adopted by the local 11 government under chapter 553 and that apply to all similar 12 types of construction. 13 (c) Local governments may not require wireless 14 providers to provide evidence of a wireless communications 15 facility's compliance with federal regulations, except 16 evidence of compliance with applicable Federal Aviation 17 Administration requirements under 14 C.F.R. s. 77, as amended, 18 and evidence of proper Federal Communications Commission 19 licensure, or other evidence of Federal Communications 20 Commission authorized spectrum use, but may request the 21 Federal Communications Commission to provide information as to 22 a wireless provider's compliance with federal regulations, as 23 authorized by federal law. 24 (d)1. A local government shall grant or deny each 25 properly completed application for a collocation under 26 subparagraph (a)1. based on the application's compliance with 27 the local government's applicable regulations, as provided for 28 in subparagraph (a)1. and consistent with this subsection, and 29 within the normal timeframe for a similar building permit 30 review but in no case later than 45 business days after the 31 date the application is determined to be properly completed in 48 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 accordance with this paragraph. 2 2. A local government shall grant or deny each 3 properly completed application for any other wireless 4 communications facility based on the application's compliance 5 with the local government's applicable regulations, including 6 but not limited to land development regulations, consistent 7 with this subsection and within the normal timeframe for a 8 similar type review but in no case later than 90 business days 9 after the date the application is determined to be properly 10 completed in accordance with this paragraph. 11 3.a. An application is deemed submitted or resubmitted 12 on the date the application is received by the local 13 government. If the local government does not notify the 14 applicant in writing that the application is not completed in 15 compliance with the local government's regulations within 20 16 business days after the date the application is initially 17 submitted or additional information resubmitted, the 18 application is deemed, for administrative purposes only, to be 19 properly completed and properly submitted. However, the 20 determination shall not be deemed as an approval of the 21 application. If the application is not completed in compliance 22 with the local government's regulations, the local government 23 shall so notify the applicant in writing and the notification 24 must indicate with specificity any deficiencies in the 25 required documents or deficiencies in the content of the 26 required documents which, if cured, make the application 27 properly completed. Upon resubmission of information to cure 28 the stated deficiencies, the local government shall notify the 29 applicant, in writing, within the normal timeframes of review, 30 but in no case longer than 20 business days after the 31 additional information is submitted, of any remaining 49 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 deficiencies that must be cured. Deficiencies in document type 2 or content not specified by the local government do not make 3 the application incomplete. Notwithstanding this 4 sub-subparagraph, if a specified deficiency is not properly 5 cured when the applicant resubmits its application to comply 6 with the notice of deficiencies, the local government may 7 continue to request the information until such time as the 8 specified deficiency is cured. The local government may 9 establish reasonable timeframes within which the required 10 information to cure the application deficiency is to be 11 provided or the application will be considered withdrawn or 12 closed. 13 b. If the local government fails to grant or deny a 14 properly completed application for a wireless communications 15 facility within the timeframes set forth in this paragraph, 16 the application shall be deemed automatically approved and the 17 applicant may proceed with placement of the facilities without 18 interference or penalty. The timeframes specified in 19 subparagraph 2. may be extended only to the extent that the 20 application has not been granted or denied because the local 21 government's procedures generally applicable to all other 22 similar types of applications require action by the governing 23 body and such action has not taken place within the timeframes 24 specified in subparagraph 2. Under such circumstances, the 25 local government must act to either grant or deny the 26 application at its next regularly scheduled meeting or, 27 otherwise, the application is deemed to be automatically 28 approved. 29 c. To be effective, a waiver of the timeframes set 30 forth in this paragraph must be voluntarily agreed to by the 31 applicant and the local government. A local government may 50 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 request, but not require, a waiver of the timeframes by the 2 applicant, except that, with respect to a specific 3 application, a one-time waiver may be required in the case of 4 a declared local, state, or federal emergency that directly 5 affects the administration of all permitting activities of the 6 local government. 7 (e) The replacement of or modification to a wireless 8 communications facility, except a tower, that results in a 9 wireless communications facility not readily discernibly 10 different in size, type, and appearance when viewed from 11 ground level from surrounding properties, and the replacement 12 or modification of equipment that is not visible from 13 surrounding properties, all as reasonably determined by the 14 local government, are subject to no more than applicable 15 building permit review. 16 (f) Any other law to the contrary notwithstanding, the 17 Department of Management Services shall negotiate, in the name 18 of the state, leases for wireless communications facilities 19 that provide access to state government-owned property not 20 acquired for transportation purposes, and the Department of 21 Transportation shall negotiate, in the name of the state, 22 leases for wireless communications facilities that provide 23 access to property acquired for state rights-of-way. On 24 property acquired for transportation purposes, leases shall be 25 granted in accordance with s. 337.251. On other state 26 government-owned property, leases shall be granted on a space 27 available, first-come, first-served basis. Payments required 28 by state government under a lease must be reasonable and must 29 reflect the market rate for the use of the state 30 government-owned property. The Department of Management 31 Services and the Department of Transportation are authorized 51 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 to adopt rules for the terms and conditions and granting of 2 any such leases. 3 (g) If any person adversely affected by any action, or 4 failure to act, or regulation, or requirement of a local 5 government in the review or regulation of the wireless 6 communication facilities files an appeal or brings an 7 appropriate action in a court or venue of competent 8 jurisdiction, following the exhaustion of all administrative 9 remedies, the matter shall be considered on an expedited 10 basis. 11 (13)(12) MISUSE OF WIRELESS 911 OR E911 SYSTEM; 12 PENALTY.--911 and E911 service must be used solely for 13 emergency communications by the public. Any person who 14 accesses the number 911 for the purpose of making a false 15 alarm or complaint or reporting false information that could 16 result in the emergency response of any public safety agency; 17 any person who knowingly uses or attempts to use such service 18 for a purpose other than obtaining public safety assistance;, 19 or any person who knowingly uses or attempts to use such 20 service in an effort to avoid any charge for service, commits 21 a misdemeanor of the first degree, punishable as provided in 22 s. 775.082 or s. 775.083. After being convicted of 23 unauthorized use of such service four times, a person who 24 continues to engage in such unauthorized use commits a felony 25 of the third degree, punishable as provided in s. 775.082, s. 26 775.083, or s. 775.084. In addition, if the value of the 27 service or the service charge obtained in a manner prohibited 28 by this subsection exceeds $100, the person committing the 29 offense commits a felony of the third degree, punishable as 30 provided in s. 775.082, s. 775.083, or s. 775.084. 31 (14)(13) STATE LAW NOT PREEMPTED.--This section and 52 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 ss. 365.173 and 365.174 do not alter any state law that 2 otherwise regulates voice communications services providers of 3 telecommunications service. 4 Section 3. This act shall take effect upon becoming a 5 law. 6 7 8 ================ T I T L E A M E N D M E N T =============== 9 And the title is amended as follows: 10 Delete everything before the enacting clause 11 12 and insert: 13 A bill to be entitled 14 An act relating to emergency communications 15 systems; amending s. 365.171, F.S.; 16 redesignating the Florida Emergency Telephone 17 Act as the "Florida Emergency Communications 18 Number E911 State Plan Act"; providing 19 legislative intent; redefining the term 20 "office" to provide for designation of the 21 Florida Enterprise Information Technology 22 Services Office or another office by the 23 Secretary of Management Services; revising the 24 duties of the office regarding the state E911 25 system plan; revising provisions for content of 26 the plan; designating the secretary as the 27 director of the statewide emergency 28 communications number E911 system; directing 29 the Public Service Commission to adopt rules 30 relating to coin-free 911 calls to be followed 31 by the telecommunications industry; requiring 53 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 approval of the office for establishing or 2 expanding an emergency communications number 3 E911 system; removing a provision for existing 4 emergency telephone service; authorizing the 5 secretary of the department to apply for and 6 accept federal funding assistance; removing 7 provisions relating to imposition and 8 collection of the 911 fee and to the 9 indemnification of local telephone companies; 10 removing a penalty for reporting false 11 information that may result in an emergency 12 response; amending s. 365.172, F.S.; 13 redesignating the Wireless Emergency 14 Communications Act as the "Emergency 15 Communications Number E911 Act"; providing 16 legislative intent; revising definitions; 17 providing for administration of the fees 18 collected; redesignating the Wireless 911 Board 19 as the E911 Board; revising membership, powers, 20 duties, and responsibilities of the board; 21 redesignating the Wireless E911 Fee as the E911 22 Fee; requiring a study relating to collecting 23 the fee on the sale of prepaid wireless 24 service; revising provisions for use of revenue 25 collected; providing for certain disbursements; 26 providing for rates and collection from 27 consumers of voice communication services; 28 providing for the authorized use of the fees 29 collected; providing for indemnification and 30 limitation of liability for local exchange 31 carriers; providing penalties for the misuse of 54 4:50 PM 03/12/07 s1198d-cu21-tk9
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 104000 1 the E911 system; providing an effective date. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 55 4:50 PM 03/12/07 s1198d-cu21-tk9