Senate Bill sb1198c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 1198

    By the Committee on Communications and Public Utilities; and
    Senator Bennett




    579-2294-07

  1                      A bill to be entitled

  2         An act relating to emergency communications

  3         systems; amending s. 365.171, F.S.;

  4         redesignating the Florida Emergency Telephone

  5         Act as the "Florida Emergency Communications

  6         Number E911 State Plan Act"; providing

  7         legislative intent; redefining the term

  8         "office" to provide for designation of the

  9         Florida Enterprise Information Technology

10         Services Office or another office by the

11         Secretary of Management Services; revising the

12         duties of the office regarding the state E911

13         system plan; revising provisions for content of

14         the plan; designating the secretary as the

15         director of the statewide emergency

16         communications number E911 system; removing a

17         provision authorizing the director to employ

18         certain persons; directing the Public Service

19         Commission to adopt rules relating to coin-free

20         911 calls to be followed by the

21         telecommunications industry; requiring approval

22         of the office for establishing or expanding an

23         emergency communications number E911 system;

24         removing a provision for existing emergency

25         telephone service; authorizing the secretary of

26         the department to apply for and accept federal

27         funding assistance; removing provisions

28         relating to imposition and collection of the

29         911 fee and to the indemnification of local

30         telephone companies; removing a penalty for

31         reporting false information that may result in

                                  1

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1         an emergency response; amending s. 365.172,

 2         F.S.; redesignating the Wireless Emergency

 3         Communications Act as the "Emergency

 4         Communications Number E911 Act"; providing

 5         legislative intent; revising definitions;

 6         providing for administration of the fees

 7         collected; redesignating the Wireless 911 Board

 8         as the E911 Board; revising membership, powers,

 9         duties, and responsibilities of the board;

10         redesignating the Wireless E911 Fee as the E911

11         Fee; requiring a study relating to collecting

12         the fee on the sale of prepaid wireless

13         service; revising provisions for use of revenue

14         collected; providing for certain disbursements;

15         providing for rates and collection from

16         consumers of voice communication services;

17         providing for the authorized use of the fees

18         collected; providing for indemnification and

19         limitation of liability for local exchange

20         carriers; providing penalties for the misuse of

21         the E911 system; authorizing additional

22         positions and providing an appropriation;

23         providing an effective date.

24  

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

26  

27         Section 1.  Section 365.171, Florida Statutes, is

28  amended to read:

29         365.171  Emergency communications telephone number E911

30  state plan. "911."--

31  

                                  2

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1         (1)  SHORT TITLE.--This section may be shall be known

 2  and cited as the "Florida Emergency Communications Number E911

 3  State Plan Telephone Act."

 4         (2)  LEGISLATIVE INTENT.--It is the intent of the

 5  Legislature that the communications number "911" be the

 6  designated emergency communications number. A public safety

 7  agency may not advertise or otherwise promote the use of any

 8  communications number for emergency response services other

 9  than "911." It is further the intent of the Legislature to

10  establish and implement and continually update a cohesive

11  statewide emergency communications telephone number "E911"

12  "911" plan for enhanced 911 services which will provide

13  citizens with rapid direct access to public safety agencies by

14  accessing dialing the telephone number "911" with the

15  objective of reducing the response time to situations

16  requiring law enforcement, fire, medical, rescue, and other

17  emergency services.

18         (3)  DEFINITIONS.--As used in this section, the term:

19         (a)  "Office" means the Florida Enterprise Information

20  Technology Services Office or other office within the

21  Department of Management Services, as designated by the

22  secretary of the department State Technology Office.

23         (b)  "Local government" means any city, county, or

24  political subdivision of the state and its agencies.

25         (c)  "Public agency" means the state and any city,

26  county, city and county, municipal corporation, chartered

27  organization, public district, or public authority located in

28  whole or in part within this state which provides, or has

29  authority to provide, firefighting, law enforcement,

30  ambulance, medical, or other emergency services.

31  

                                  3

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1         (d)  "Public safety agency" means a functional division

 2  of a public agency which provides firefighting, law

 3  enforcement, medical, or other emergency services.

 4         (4)  STATE PLAN.--The office shall develop, maintain,

 5  and implement appropriate modifications for a statewide

 6  emergency communications E911 telephone number "911" system

 7  plan.  The plan shall provide for:

 8         (a)  The establishment of the public agency emergency

 9  telephone communications requirements for each entity of local

10  government in the state.

11         (b)  A system to meet specific local government

12  requirements.  Such system shall include law enforcement,

13  firefighting, and emergency medical services and may include

14  other emergency services such as poison control, suicide

15  prevention, and emergency management services.

16         (c)  Identification of the mutual aid agreements

17  necessary to obtain an effective E911 "911" system.

18         (d)  A funding provision that identifies which shall

19  identify the cost necessary to implement the E911 "911"

20  system.

21         (e)  A firm implementation schedule which shall include

22  the installation of the "911" system in a local community

23  within 24 months after the designated agency of the local

24  government gives a firm order to the telephone utility for a

25  "911" system.

26  

27  The office shall be responsible for the implementation and

28  coordination of such plan.  The office shall adopt any

29  necessary rules and schedules related to public agencies for

30  implementing and coordinating the such plan, pursuant to

31  chapter 120. The public agency designated in the plan shall

                                  4

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  order such system within 6 months after publication date of

 2  the plan if the public agency is in receipt of funds

 3  appropriated by the Legislature for the implementation and

 4  maintenance of the "911" system. Any jurisdiction which has

 5  utilized local funding as of July 1, 1976, to begin the

 6  implementation of the state plan as set forth in this section

 7  shall be eligible for at least a partial reimbursement of its

 8  direct cost when, and if, state funds are available for such

 9  reimbursement.

10         (5)  SYSTEM DIRECTOR.--The secretary of the department

11  director of the office or his or her designee is designated as

12  the director of the statewide emergency communications

13  telephone number E911 "911" system and, for the purpose of

14  carrying out the provisions of this section, is authorized to

15  coordinate the activities of the system with state, county,

16  local, and private agencies.  The director is authorized to

17  employ not less than five persons, three of whom will be at

18  the professional level, one at the secretarial level, and one

19  to fill a fiscal position, for the purpose of carrying out the

20  provisions of this section.  The director in implementing the

21  system shall consult, cooperate, and coordinate with local law

22  enforcement agencies.

23         (6)  REGIONAL SYSTEMS.--Nothing in This section does

24  not shall be construed to prohibit or discourage the formation

25  of multijurisdictional or regional systems; and any system

26  established pursuant to this section may include the

27  jurisdiction, or any portion thereof, of more than one public

28  agency. It is the intent of the Legislature that E911 service

29  be available throughout the state. Expenditure by counties of

30  the E911 fee authorized and imposed under s. 365.172 should

31  support this intent to the greatest extent feasible within the

                                  5

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  context of local service needs and fiscal capability. This

 2  section does not prohibit two or more counties from

 3  establishing a combined emergency E911 communications service

 4  by an interlocal agreement and using the fees authorized and

 5  imposed by s. 365.172 for such combined E911 service.

 6         (7)  TELECOMMUNICATIONS TELEPHONE INDUSTRY

 7  COORDINATION.--The office shall coordinate with the Florida

 8  Public Service Commission which shall encourage the Florida

 9  telecommunications telephone industry to activate facility

10  modification plans for a timely E911 "911" implementation.

11         (8)  COIN TELEPHONES.--The Florida Public Service

12  Commission shall establish rules to be followed by the

13  telecommunications companies telephone utilities in this state

14  designed toward encouraging the provision of coin-free dialing

15  of "911" calls wherever economically practicable and in the

16  public interest.

17         (9)  SYSTEM APPROVAL.--No emergency communications

18  telephone number E911 "911" system shall be established and no

19  present system shall be expanded without prior approval of the

20  office.

21         (10)  COMPLIANCE.--All public agencies shall assist the

22  office in their efforts to carry out the intent of this

23  section, and such agencies shall comply with the developed

24  plan.

25         (11)  EXISTING EMERGENCY TELEPHONE SERVICE.--Any

26  emergency telephone number established by any local government

27  or state agency prior to July 1, 1974, using a number other

28  than "911" shall be changed to "911" on the same

29  implementation schedule provided in paragraph (4)(e).

30         (11)(12)  FEDERAL ASSISTANCE.--The secretary of the

31  department office or his or her designee may apply for and

                                  6

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  accept federal funding assistance in the development and

 2  implementation of a statewide emergency communications

 3  telephone number E911 "911" system.

 4         (13)  "911" FEE.--

 5         (a)  Following approval by referendum as set forth in

 6  paragraph (b), or following approval by a majority vote of its

 7  board of county commissioners, a county may impose a "911" fee

 8  to be paid by the local exchange subscribers within its

 9  boundaries served by the "911" service. Proceeds from the

10  "911" fee shall be used only for "911" expenditures as set

11  forth in subparagraph 6. The manner of imposing and collecting

12  said payment shall be as follows:

13         1.  At the request of the county subscribing to "911"

14  service, the telephone company shall, insofar as is

15  practicable, bill the "911" fee to the local exchange

16  subscribers served by the "911" service, on an individual

17  access line basis, at a rate not to exceed 50 cents per month

18  per line (up to a maximum of 25 access lines per account bill

19  rendered). However, the fee may not be assessed on any pay

20  telephone in this state. A county collecting the fee for the

21  first time may collect the fee for no longer than 36 months

22  without initiating the acquisition of its "911" equipment.

23         2.  Fees collected by the telephone company pursuant to

24  subparagraph 1. shall be returned to the county, less the

25  costs of administration retained pursuant to paragraph (c).

26  The county shall provide a minimum of 90 days' written notice

27  to the telephone company prior to the collection of any "911"

28  fees.

29         3.  Any county that currently has an operational "911"

30  system or that is actively pursuing the implementation of a

31  "911" system shall establish a fund to be used exclusively for

                                  7

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  receipt and expenditure of "911" fee revenues collected

 2  pursuant to this section. All fees placed in said fund, and

 3  any interest accrued thereupon, shall be used solely for "911"

 4  costs described in subparagraph 6. The money collected and

 5  interest earned in this fund shall be appropriated for "911"

 6  purposes by the county commissioners and incorporated into the

 7  annual county budget. Such fund shall be included within the

 8  financial audit performed in accordance with s. 218.39. A

 9  report of the audit shall be forwarded to the office within 60

10  days of its completion. A county may carry forward on an

11  annual basis unspent moneys in the fund for expenditures

12  allowed by this section, or it may reduce its fee. However, in

13  no event shall a county carry forward more than 10 percent of

14  the "911" fee billed for the prior year. The amount of moneys

15  carried forward each year may be accumulated in order to allow

16  for capital improvements described in this subsection. The

17  carryover shall be documented by resolution of the board of

18  county commissioners expressing the purpose of the carryover

19  or by an adopted capital improvement program identifying

20  projected expansion or replacement expenditures for "911"

21  equipment and service features, or both. In no event shall the

22  "911" fee carryover surplus moneys be used for any purpose

23  other than for the "911" equipment, service features, and

24  installation charges authorized in subparagraph 6. Nothing in

25  this section shall prohibit a county from using other sources

26  of revenue for improvements, replacements, or expansions of

27  its "911" system. A county may increase its fee for purposes

28  authorized in this section. However, in no case shall the fee

29  exceed 50 cents per month per line. All current "911" fees

30  shall be reported to the office within 30 days of the start of

31  each county's fiscal period. Any fee adjustment made by a

                                  8

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  county shall be reported to the office. A county shall give

 2  the telephone company a 90-day written notice of such fee

 3  adjustment.

 4         4.  The telephone company shall have no obligation to

 5  take any legal action to enforce collection of the "911" fee.

 6  The telephone company shall provide quarterly to the county a

 7  list of the names, addresses, and telephone numbers of any and

 8  all subscribers who have identified to the telephone company

 9  their refusal to pay the "911" fee.

10         5.  The county subscribing to "911" service shall

11  remain liable to the telephone company for any "911" service,

12  equipment, operation, or maintenance charge owed by the county

13  to the telephone company.

14  

15  As used in this paragraph, "telephone company" means an

16  exchange telephone service provider of "911" service or

17  equipment to any county within its certificated area.

18         6.  It is the intent of the Legislature that the "911"

19  fee authorized by this section to be imposed by counties will

20  not necessarily provide the total funding required for

21  establishing or providing the "911" service. For purposes of

22  this section, "911" service includes the functions of database

23  management, call taking, location verification, and call

24  transfer. The following costs directly attributable to the

25  establishment and/or provision of "911" service are eligible

26  for expenditure of moneys derived from imposition of the "911"

27  fee authorized by this section: the acquisition,

28  implementation, and maintenance of Public Safety Answering

29  Point (PSAP) equipment and "911" service features, as defined

30  in the Florida Public Service Commission's lawfully approved

31  "911" and related tariffs and/or the acquisition,

                                  9

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  installation, and maintenance of other "911" equipment,

 2  including call answering equipment, call transfer equipment,

 3  ANI controllers, ALI controllers, ANI displays, ALI displays,

 4  station instruments, "911" telecommunications systems,

 5  teleprinters, logging recorders, instant playback recorders,

 6  telephone devices for the deaf (TDD) used in the "911" system,

 7  PSAP backup power systems, consoles, automatic call

 8  distributors, and interfaces (hardware and software) for

 9  computer-aided dispatch (CAD) systems; salary and associated

10  expenses for "911" call takers for that portion of their time

11  spent taking and transferring "911" calls; salary and

12  associated expenses for a county to employ a full-time

13  equivalent "911" coordinator position and a full-time

14  equivalent staff assistant position per county for the portion

15  of their time spent administrating the "911" system; training

16  costs for PSAP call takers in the proper methods and

17  techniques used in taking and transferring "911" calls; and

18  expenses required to develop and maintain all information (ALI

19  and ANI databases and other information source repositories)

20  necessary to properly inform call takers as to location

21  address, type of emergency, and other information directly

22  relevant to the "911" call-taking and transferring function.

23  No wireless telephone service provider shall be required to

24  participate in any pilot project or to otherwise implement a

25  nonemergency "311" system or similar nonemergency system. The

26  "911" fee revenues shall not be used to pay for any item not

27  listed, including, but not limited to, any capital or

28  operational costs for emergency responses which occur after

29  the call transfer to the responding public safety entity and

30  the costs for constructing buildings, leasing buildings,

31  maintaining buildings, or renovating buildings, except for

                                  10

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  those building modifications necessary to maintain the

 2  security and environmental integrity of the PSAP and "911"

 3  equipment rooms.

 4         7.  It is the goal of the Legislature that enhanced

 5  "911" service be available throughout the state. Expenditure

 6  by counties of the "911" fees authorized by this section

 7  should support this goal to the greatest extent feasible

 8  within the context of local service needs and fiscal

 9  capability. Nothing in this section shall be construed to

10  prohibit two or more counties from establishing a combined

11  emergency "911" telephone service by interlocal agreement and

12  utilizing the "911" fees authorized by this section for such

13  combined "911" service.

14         (b)  If a county elects to obtain approval of a "911"

15  fee by referendum, it shall arrange to place a question on the

16  ballot at the next regular or special election to be held

17  within the county, substantially as follows:

18  

19         .... I am in favor of the "911" emergency telephone

20  system fee.

21         .... I am against the "911" emergency telephone system

22  fee.

23  

24  If a majority of the electors voting on the question approve

25  the fee, it may be imposed by the county.

26         (c)  Any county imposing a "911" fee in accordance with

27  the provisions of this subsection shall allow the telephone

28  company to retain as an administrative fee an amount equal to

29  1 percent of the total "911" fee collected by the telephone

30  company.

31  

                                  11

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1         (14)  INDEMNIFICATION AND LIMITATION OF LIABILITY.--All

 2  local governments are authorized to undertake to indemnify the

 3  telephone company against liability in accordance with the

 4  telephone company's lawfully filed tariffs. Regardless of any

 5  indemnification agreement, a telephone company or commercial

 6  mobile radio service provider as defined in s. 364.02 shall

 7  not be liable for damages resulting from or in connection with

 8  "911" service or identification of the telephone number,

 9  address, or name associated with any person accessing "911"

10  service, unless the telephone company or commercial radio

11  service provider acted with malicious purpose or in a manner

12  exhibiting wanton and willful disregard of human rights,

13  safety, or property in providing such services.

14         (12)(15)  CONFIDENTIALITY OF RECORDS.--Any record,

15  recording, or information, or portions thereof, obtained by a

16  public agency or a public safety agency for the purpose of

17  providing services in an emergency and which reveals the name,

18  address, telephone number, or personal information about, or

19  information which may identify any person requesting emergency

20  service or reporting an emergency by accessing an emergency

21  communications E911 telephone number "911" system is

22  confidential and exempt from the provisions of s. 119.07(1)

23  and s. 24(a), Art. I of the State Constitution, except that

24  such record or information may be disclosed to a public safety

25  agency. The exemption applies only to the name, address,

26  telephone number or personal information about, or information

27  which may identify any person requesting emergency services or

28  reporting an emergency while such information is in the

29  custody of the public agency or public safety agency providing

30  emergency services. A telecommunications telephone company or

31  commercial mobile radio service provider shall not be liable

                                  12

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  for damages to any person resulting from or in connection with

 2  such telephone company's or commercial mobile radio service

 3  provider's provision of any lawful assistance to any

 4  investigative or law enforcement officer of the State of

 5  Florida or political subdivisions thereof, of the United

 6  States, or of any other state or political subdivision

 7  thereof, in connection with any lawful investigation or other

 8  law enforcement activity by such law enforcement officer

 9  unless the telecommunications telephone company or commercial

10  mobile radio service provider acted in a wanton and willful

11  manner.

12         (16)  FALSE "911" CALLS.--Whoever accesses the number

13  "911" for the purpose of making a false alarm or complaint or

14  reporting false information which could result in the

15  emergency response of any public safety agency is guilty of a

16  misdemeanor of the first degree, punishable as provided in s.

17  775.082 or s. 775.083.

18         Section 2.  Section 365.172, Florida Statutes, is

19  amended to read:

20         365.172  Wireless Emergency communications telephone

21  number "E911."--

22         (1)  SHORT TITLE.--This section may be cited as the

23  "Wireless Emergency Communications Number E911 Act."

24         (2)  FINDINGS, PURPOSE, AND LEGISLATIVE INTENT.--The

25  Legislature finds and declares that:

26         (a)  The mobile nature of wireless communications

27  service creates complexities for providing 911 emergency

28  services.

29         (b)  Wireless telephone service providers are required

30  by the Federal Communications Commission to provide wireless

31  enhanced 911 (E911) service in the form of automatic location

                                  13

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  identification and automatic number identification pursuant to

 2  the terms and conditions set forth in an order issued by the

 3  Federal Communications Commission.

 4         (c)  Wireless telephone service providers and counties

 5  that operate 911 and E911 systems require adequate funding to

 6  recover the costs of designing, purchasing, installing,

 7  testing, and operating enhanced facilities, systems, and

 8  services necessary to comply with the requirements for E911

 9  services mandated by the Federal Communications Commission and

10  to maximize the availability of E911 services throughout this

11  state.

12         (d)  The revenues generated by the E911 fee imposed

13  under this section are required to fund the efforts of the

14  counties, the Wireless 911 Board under the State Technology

15  Office, and commercial mobile radio service providers to

16  improve the public health, safety, and welfare and serve a

17  public purpose by providing emergency telephone assistance

18  through wireless communications.

19         (e)  It is necessary and beneficial to levy a fee on

20  wireless services and to create the Wireless 911 Board to

21  administer fee proceeds as provided in this section.

22         (f)  It is the intent of the Legislature to:

23         (a)1.  Establish and implement a comprehensive

24  statewide emergency telecommunications telephone number system

25  that will provide users of voice communications services

26  within the state wireless telephone users with rapid direct

27  access to public safety agencies by accessing dialing the

28  telephone number "911."

29         (b)2.  Provide funds to counties local governments to

30  pay certain costs associated with their E911 or the cost of

31  installing and operating wireless 911 systems, to contract for

                                  14

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  E911 services, and to reimburse wireless telephone service

 2  providers for costs incurred to provide 911 or E911 enhanced

 3  911 services.

 4         (c)3.  Levy a reasonable fee on users of voice

 5  communications services, unless otherwise provided in this

 6  section, subscribers of wireless telephone service to

 7  accomplish these purposes.

 8         (d)  Provide for an E911 board to administer the fee,

 9  with oversight by the office, in a manner that is

10  competitively and technologically neutral as to all voice

11  communications services providers.

12         (e)  Ensure that the fee established is used

13  exclusively for recovery by wireless providers and by counties

14  of the costs associated with developing and maintaining E911

15  systems and networks in a manner that is competitively and

16  technologically neutral as to all voice communications

17  services providers.

18  

19  It is further the intent of the Legislature that the fee

20  authorized or imposed by this section not necessarily provide

21  the total funding required for establishing or providing E911

22  service.

23         (3)  DEFINITIONS.--Only as used in this section and ss.

24  365.171, 365.173, and 365.174, the term:

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

26  prepaid wireless telephone that has been used by the customer

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

28  customer's card or balance was decremented.

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

30  agency that receives incoming 911 calls and dispatches

31  appropriate public safety agencies to respond to the calls.

                                  15

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1         (b)  "Authorized expenditures" means expenditures of

 2  the fee, as specified in subsection (9).

 3         (c)  "Automatic location identification" means the

 4  capability of the E911 service which enables the automatic

 5  display of information that defines the approximate geographic

 6  location of the wireless telephone, or the location of the

 7  address of the wireline telephone, used to place a 911 call.

 8         (d)  "Automatic number identification" means the

 9  capability of the E911 service which enables the automatic

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

11  call.

12         (e)  "Board" or E911 Board means the board of directors

13  of the E911 Wireless 911 Board established in subsection (5).

14         (f)  "Building permit review" means a review for

15  compliance with building construction standards adopted by the

16  local government under chapter 553 and does not include a

17  review for compliance with land development regulations.

18         (g)  "Collocation" means the situation when a second or

19  subsequent wireless provider uses an existing structure to

20  locate a second or subsequent antennae. The term includes the

21  ground, platform, or roof installation of equipment

22  enclosures, cabinets, or buildings, and cables, brackets, and

23  other equipment associated with the location and operation of

24  the antennae.

25         (h)  "Designed service" means the configuration and

26  manner of deployment of service the wireless provider has

27  designed for an area as part of its network.

28         (i)  "E911" is the designation for an a wireless

29  enhanced 911 system or wireless enhanced 911 service that is

30  an emergency telephone system or service that provides a

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

                                  16

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  911 calls to appropriate public safety answering points by

 2  selective routing based on the geographical location from

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

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

 5  number identification and automatic location-identification

 6  features. E911 service provided by a wireless provider means

 7  E911 as defined in the order in accordance with the

 8  requirements of the order.

 9         (j)  "Existing structure" means a structure that exists

10  at the time an application for permission to place antennae on

11  a structure is filed with a local government. The term

12  includes any structure that can structurally support the

13  attachment of antennae in compliance with applicable codes.

14         (k)  "Fee" means the E911 fee authorized and imposed

15  under subsection (8).

16         (l)  "Fund" means the Wireless Emergency Communications

17  Number E911 Telephone System Fund established in s. 365.173

18  and maintained under this section for the purpose of

19  recovering the costs associated with providing 911 service or

20  E911 service, including the costs of implementing the order.

21  The fund shall be segregated into wireless and nonwireless

22  categories.

23         (m)  "Historic building, structure, site, object, or

24  district" means any building, structure, site, object, or

25  district that has been officially designated as a historic

26  building, historic structure, historic site, historic object,

27  or historic district through a federal, state, or local

28  designation program.

29         (n)  "Land development regulations" means any ordinance

30  enacted by a local government for the regulation of any aspect

31  of development, including an ordinance governing zoning,

                                  17

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  subdivisions, landscaping, tree protection, or signs, the

 2  local government's comprehensive plan, or any other ordinance

 3  concerning any aspect of the development of land. The term

 4  does not include any building construction standard adopted

 5  under and in compliance with chapter 553.

 6         (o)  "Local exchange carrier" means a "competitive

 7  local exchange telecommunications company" or a "local

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

 9         (p)  "Local government" means any municipality, county,

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

11  or political subdivision.

12         (q)  "Medium county" means any county that has a

13  population of 75,000 or more but less than 750,000.

14         (q)(r)  "Mobile telephone number" or "MTN" means the

15  telephone number assigned to a wireless telephone at the time

16  of initial activation.

17         (r)  "Nonwireless category" means the revenues to the

18  fund received from voice communications services providers

19  other than wireless providers.

20         (s)  "Office" means the Florida Enterprise Information

21  Technology Services Office or other office within the

22  Department of Management Services, as designated by the

23  secretary of the department State Technology Office.

24         (t)  "Order" means:

25         1.  The following orders and rules of the Federal

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

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

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

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

30  Regulations adopted by the Federal Communications Commission

31  pursuant to such order.

                                  18

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




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

 2  December 23, 1997.

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

 4  1998.

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

 6         2.  Orders and rules subsequently adopted by the

 7  Federal Communications Commission relating to the provision of

 8  wireless 911 services, including Order Number FCC-05-116,

 9  adopted May 19, 2005.

10         (u)  "Prepaid calling arrangements" has the same

11  meaning as defined in s. 212.05(1)(e) wireless telephone

12  service" means wireless telephone service that is activated in

13  advance by payment for a finite dollar amount of service or

14  for a finite set of minutes that terminate either upon use by

15  a customer and delivery by the wireless provider of an

16  agreed-upon amount of service corresponding to the total

17  dollar amount paid in advance or within a certain period of

18  time following the initial purchase or activation, unless

19  additional payments are made.

20         (v)  "Provider" or "wireless provider" means a person

21  or entity who provides service and either:

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

23         2.  Elects to provide wireless 911 service or E911

24  service in this state.

25         (v)(w)  "Public agency" means the state and any

26  municipality, county, municipal corporation, or other

27  governmental entity, public district, or public authority

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

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

30  ambulance, medical, or other emergency services.

31  

                                  19

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1         (w)(x)  "Public safety agency" means a functional

 2  division of a public agency which provides firefighting, law

 3  enforcement, medical, or other emergency services.

 4         (x)(y)  "Rural county" means any county that has a

 5  population of fewer than 75,000.

 6         (y)  "Service identifier" means the service number,

 7  access line, or other unique subscriber identifier assigned to

 8  a subscriber and established by the Federal Communications

 9  Commission for purposes of routing calls whereby the

10  subscriber has access to the E911 system.

11         (z)  "Service" means "commercial mobile radio service"

12  as provided under ss. 3(27) and 332(d) of the Federal

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

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

15  103-66, August 10, 1993, 107 Stat. 312. The term "service"

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

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

18  including radio-telephone communications used in cellular

19  telephone service; personal communications service; or the

20  functional or competitive equivalent of a radio-telephone

21  communications line used in cellular telephone service, a

22  personal communications service, or a network radio access

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

24  mainly dispatch service in a more localized, noncellular

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

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

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

28         (aa)  "Service number" means the unique 10-digit

29  wireless telephone number assigned to a service subscriber.

30  

31  

                                  20

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1         (bb)  "Sufficient positive balance" means a dollar

 2  amount greater than or equal to the monthly wireless surcharge

 3  amount.

 4         (z)(cc)  "Tower" means any structure designed primarily

 5  to support a wireless provider's antennae.

 6         (aa)  "Voice communications services" means two-way

 7  voice service, through the use of any technology, which

 8  actually provides access to E911 services, and includes

 9  communications services, as defined in s. 202.11, which

10  actually provide access to E911 services and which are

11  required to be included in the provision of E911 services

12  pursuant to orders and rules adopted by the Federal

13  Communications Commission. The term includes

14  voice-over-Internet-protocol service. For the purposes of this

15  section, the term "voice-over-Internet-protocol service" or

16  "VoIP service" means interconnected VoIP services having the

17  following characteristics:

18         1.  The service enables real-time, two-way voice

19  communications;

20         2.  The service requires a broadband connection from

21  the user's locations;

22         3.  The service requires IP-compatible customer

23  premises equipment; and

24         4.  The service offering allows users generally to

25  receive calls that originate on the public switched telephone

26  network and to terminate calls on the public switched

27  telephone network.

28         (bb)  "Voice communications services provider" or

29  "provider" means any person or entity providing voice

30  communications services, except that the term does not include

31  

                                  21

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  any person or entity that resells voice communications service

 2  and was assessed the fee by its resale supplier.

 3         (cc)  "Wireless 911 system" or "wireless 911 service"

 4  means an emergency telephone system or service that provides a

 5  subscriber with the ability to reach an answering point by

 6  accessing the digits "911."

 7         (dd)  "Wireless category" means the revenues to the

 8  fund received from a wireless provider.

 9         (ee)(dd)  "Wireless communications facility" means any

10  equipment or facility used to provide service and may include,

11  but is not limited to, antennae, towers, equipment enclosures,

12  cabling, antenna brackets, and other such equipment. Placing a

13  wireless communications facility on an existing structure does

14  not cause the existing structure to become a wireless

15  communications facility.

16         (ff)  "Wireless provider" means a person who provides

17  wireless service and:

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

19         2.  Elects to provide wireless 911 service or E911

20  service in this state.

21         (gg)  "Wireless service" means "commercial mobile radio

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

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

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

25  103-66, August 10, 1993, 107 Stat. 312. The term includes

26  service provided by any wireless real-time two-way wire

27  communication device, including radio-telephone communications

28  used in cellular telephone service; personal communications

29  service; or the functional or competitive equivalent of a

30  radio-telephone communications line used in cellular telephone

31  service, a personal communications service, or a network radio

                                  22

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  access line. The term does not include wireless providers that

 2  offer mainly dispatch service in a more localized, noncellular

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

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

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

 6         (ee)  "Wireless 911 system" or "wireless 911 service"

 7  means an emergency telephone system or service that provides a

 8  subscriber with the ability to reach an answering point by

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

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

11  365.171.

12         (4)  POWERS AND DUTIES OF THE OFFICE.--The office shall

13  oversee the administration of the fee authorized and imposed

14  on subscribers of voice communications services statewide E911

15  service under subsection (8).

16         (5)  THE E911 WIRELESS 911 BOARD.--

17         (a)  The E911 Wireless 911 Board is established to

18  administer, with oversight by the office, the fee imposed

19  under subsection (8), including receiving revenues derived

20  from the fee; distributing portions of the such revenues to

21  wireless providers, counties, and the office; accounting for

22  receipts, distributions, and income derived by the funds

23  maintained in the fund; and providing annual reports to the

24  Governor and the Legislature for submission by the office on

25  amounts collected and expended, the purposes for which

26  expenditures have been made, and the status of wireless E911

27  service in this state. In order to advise and assist the

28  office in carrying out the purposes of this section, the

29  board, which shall have the power of a body corporate, has

30  shall have the powers enumerated in subsection (6).

31  

                                  23

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1         (b)  The board shall consist of nine seven members, one

 2  of whom must be the system director designated under s.

 3  365.171(5), or his or her designee, who shall serve as the

 4  chair of the board. The remaining eight six members of the

 5  board shall be appointed by the Governor and must be composed

 6  of four three county 911 coordinators, consisting of a

 7  representative from a rural county, a representative from a

 8  medium county, a representative from a large county, and an

 9  at-large representative recommended by the Florida Association

10  of Counties in consultation with the county 911 coordinators;

11  two local exchange carrier members, one of which must be the

12  local exchange carrier having the greatest number of access

13  lines in the state; and two three members from the wireless

14  telecommunications industry recommended by the Florida

15  Telecommunications Industry Association in consultation with

16  the wireless telecommunications industry. In recommending

17  members from the wireless telecommunications industry,

18  consideration must be given to wireless providers who are not

19  affiliated with local exchange carriers. Not more than one

20  member may be appointed to represent any single provider on

21  the board.

22         (c)  The system director, designated under s.

23  365.171(5), or his or her designee, must be a permanent member

24  of the board. Each of the remaining eight six members of the

25  board shall be appointed to a 4-year term and may not be

26  appointed to more than two successive terms. However, for the

27  purpose of staggering terms, two of the original board members

28  shall be appointed to terms of 4 years, two shall be appointed

29  to terms of 3 years, and four two shall be appointed to terms

30  of 2 years, as designated by the Governor. A vacancy on the

31  

                                  24

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  board shall be filled in the same manner as the original

 2  appointment.

 3         (d)  The first vacancy in a wireless provider

 4  representative position occurring after July 1, 2007, must be

 5  filled by appointment of a local exchange company

 6  representative. Until the appointment is made, there shall be

 7  only one local exchange company representative serving on the

 8  board, notwithstanding any other provision to the contrary.

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

10         (a)  The board shall:

11         1.  Administer the E911 fee.

12         2.  Implement, maintain, and oversee the fund.

13         3.  Review and oversee the disbursement of the revenues

14  deposited into the fund as provided in s. 365.173.

15         a.  The board may establish a schedule for implementing

16  wireless E911 service by service area, and prioritize

17  disbursements of revenues from the fund to providers and rural

18  counties as provided in s. 365.173(2)(c) s. 365.173(2)(b) and

19  (f) (c) pursuant to the schedule, in order to implement E911

20  services in the most efficient and cost-effective manner.

21         b.  Revenues in the wireless category collected and

22  deposited into the fund for distribution as provided in s.

23  365.173(2)(b), but which have not been disbursed because sworn

24  invoices as required by s. 365.173(2)(c) s. 365.173(2)(b) have

25  not been submitted to the board, may be used utilized by the

26  board as needed to provide grants to rural counties and loans

27  to medium counties that are not eligible to receive grants

28  under s. 365.173(2)(f) for the purpose of upgrading E911

29  systems. The counties must use the funds only for capital

30  expenditures directly attributable to establishing and

31  provisioning E911 services, which may include next-generation

                                  25

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  deployment. Grants provided to rural counties would be in

 2  addition to disbursements provided under s. 365.173(2)(c).

 3  Loans provided to medium counties shall be based on county

 4  hardship criteria as determined and approved by the board.

 5  Revenues utilized for this purpose shall be fully repaid to

 6  the fund in a manner and under a timeframe as determined and

 7  approved by the board. The board shall take all actions within

 8  its authority to ensure that county recipients of such grants

 9  use and loans utilize these funds only for the purpose under

10  which they have been provided and may take any actions within

11  its authority to secure county repayment of grant and loan

12  revenues upon determination that the funds were not used

13  utilized for the purpose under which they were provided.

14         c.  The board shall reimburse all costs of a wireless

15  provider before taking any action to transfer additional

16  funds.

17         d.  After taking the action required in this

18  subparagraph, the board may review and, with all members

19  participating in the vote, adjust the percentage allocations

20  or adjust the amount of the fee, or both, under paragraph

21  (8)(h), and, if the board determines that the revenues in the

22  wireless category exceed the amount needed to reimburse

23  wireless providers for the cost to implement E911 services,

24  the board may transfer revenue to the counties from the

25  existing funds within the wireless category. The board shall

26  disburse the funds equitably to all counties using a timeframe

27  and distribution methodology established by the board.

28         e.  By September 1, 2007, the board shall authorize the

29  transfer of up to $15 million to the county category of the

30  fund from existing money within the wireless category of the

31  fund established under s. 365.173(1). The money shall be

                                  26

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  disbursed equitably to all of the counties using a timeframe

 2  and distribution methodology established by the board before

 3  September 1, 2007, in order to prevent a loss to the counties

 4  in the ordinary and expected time value of money caused by any

 5  timing delay in remittance to the counties of wireline fees

 6  caused by the one-time transfer of collecting wireline fees by

 7  the counties to the board. All funds used from the

 8  carryforward must be returned to the fund from the actual

 9  remittance by the nonwireless category.

10         4.  Review documentation submitted by wireless

11  providers which reflects current and projected funds derived

12  from the E911 fee, and the expenses incurred and expected to

13  be incurred, in order to comply with the E911 service

14  requirements contained in the order for the purposes of:

15         a.  Ensuring that wireless providers receive fair and

16  equitable distributions of funds from the fund.

17         b.  Ensuring that wireless providers are not provided

18  disbursements from the fund which exceed the costs of

19  providing E911 service, including the costs of complying with

20  the order.

21         c.  Ascertaining the projected costs of compliance with

22  the requirements of the order and projected collections of the

23  E911 fee.

24         d.  Implementing changes to the allocation percentages

25  or adjusting reducing the E911 fee under paragraph (8)(i)

26  (8)(c).

27         5.  Meet monthly in the most efficient and

28  cost-effective manner, including telephonically when

29  practical, for the business to be conducted, to review and

30  approve or reject, in whole or in part, applications submitted

31  by wireless providers for recovery of moneys deposited into

                                  27

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  the wireless category, and to authorize the transfer of, and

 2  distribute, the fee allocation to the counties fund.

 3         6.  Hire and retain employees, which may include an

 4  independent executive director who shall possess experience in

 5  the area of telecommunications and emergency 911 issues, for

 6  the purposes of performing the technical and administrative

 7  functions for the board.

 8         7.  Make and enter into contracts, pursuant to chapter

 9  287, and execute other instruments necessary or convenient for

10  the exercise of the powers and functions of the board.

11         8.  Take all necessary and reasonable steps by July 1,

12  2000, to secure appropriate information and reports from

13  providers and otherwise perform all of the functions that

14  would be performed by an independent accounting firm prior to

15  completing the request-for-proposals process under subsection

16  (7).

17         8.9.  Sue and be sued, and appear and defend in all

18  actions and proceedings, in its corporate name to the same

19  extent as a natural person.

20         9.10.  Adopt, use, and alter a common corporate seal.

21         10.11.  Elect or appoint the officers and agents that

22  are required by the affairs of the board.

23         11.12.  The board may adopt rules under ss. 120.536(1)

24  and 120.54 to implement this section and ss. 365.173 and

25  365.174.

26         12.13.  Provide coordination, support, and technical

27  assistance to counties to promote the deployment of advanced

28  911 and E911 systems in the state.

29         13.14.  Provide coordination and support for

30  educational opportunities related to E911 911 issues for the

31  E911 911 community in this state.

                                  28

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1         14.15.  Act as an advocate for issues related to E911

 2  911 system functions, features, and operations to improve the

 3  delivery of E911 911 services to the residents of and visitors

 4  to this state.

 5         15.16.  Coordinate input from this state at national

 6  forums and associations, to ensure that policies related to

 7  E911 911 systems and services are consistent with the policies

 8  of the E911 911 community in this state.

 9         16.17.  Work cooperatively with the system director

10  established in s. 365.171(5) to enhance the state of E911 911

11  services in this state and to provide unified leadership for

12  all E911 911 issues through planning and coordination.

13         17.18.  Do all acts and things necessary or convenient

14  to carry out the powers granted in this section in a manner

15  that is competitively and technologically neutral as to all

16  voice communications services providers, including, but not

17  limited to, consideration of emerging technology and related

18  cost savings, while taking into account embedded costs in

19  current systems.

20         18.19.  Have the authority to secure the services of an

21  independent, private attorney via invitation to bid, request

22  for proposals, invitation to negotiate, or professional

23  contracts for legal services already established at the

24  Division of Purchasing of the Department of Management

25  Services.

26         (b)  Board members shall serve without compensation;

27  however, members are entitled to per diem and travel expenses

28  as provided in s. 112.061.

29         (c)  By February 28 of each year, the board shall

30  prepare a report for submission by the office to the Governor,

31  the President of the Senate, and the Speaker of the House of

                                  29

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  Representatives which addresses for the immediately preceding

 2  calendar year: reflects, for the immediately preceding

 3  calendar year, the quarterly and annual receipts and

 4  disbursements of moneys in the fund, the purposes for which

 5  disbursements of moneys from the fund have been made, and the

 6  availability and status of implementation of E911 service in

 7  this state.

 8         (d)  By February 28, 2001, the board shall undertake

 9  and complete a study for submission by the office to the

10  Governor, the President of the Senate, and the Speaker of the

11  House of Representatives which addresses:

12         1.  The annual receipts, including the total amount of

13  E911 fee revenues collected by each provider, the total

14  disbursements of money in the fund, including the amount of

15  fund-reimbursed expenses incurred by each wireless provider to

16  comply with the order, and the amount of moneys on deposit in

17  the fund, all as of December 1, 2000.

18         2.  Whether the amount of the E911 fee and the

19  allocation percentages set forth in s. 365.173 have been or

20  should be adjusted to comply with the requirements of the

21  order or other provisions of this chapter, and the reasons for

22  making or not making, if so, a recommended adjustment to the

23  E911 fee.

24         3.  Any other issues related to providing wireless E911

25  services.

26         4.  The status of E911 services in this state.

27         (7)  REQUEST FOR PROPOSALS FOR INDEPENDENT ACCOUNTING

28  FIRM.--

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

30  provided in chapter 287 for the purpose of retaining an

31  independent accounting firm. The independent accounting firm

                                  30

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  shall perform all material administrative and accounting tasks

 2  and functions required for administering the E911 fee. The

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

 4  to:

 5         1.  A description of the scope and general requirements

 6  of the services requested.

 7         2.  A description of the specific accounting and

 8  reporting services required for administering the fund,

 9  including processing checks and distributing funds as directed

10  by the board under s. 365.173.

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

12  proposer, including the proposer's background and

13  qualifications and the proposed cost of the services to be

14  provided.

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

16  requests for proposals which must include the statewide E911

17  911 system director designated under s. 365.171(5), or his or

18  her designee, and two members of the board, one of whom is a

19  county 911 coordinator and one of whom represents a voice

20  communications services provider the wireless

21  telecommunications industry. The review committee shall review

22  the proposals received by the board and recommend an

23  independent accounting firm to the board for final selection.

24  By agreeing to serve on the review committee, each member of

25  the review committee shall verify that he or she does not have

26  any interest or employment, directly or indirectly, with

27  potential proposers which conflicts in any manner or degree

28  with his or her performance on the committee.

29         (c)  After July 1, 2004, the board may secure the

30  services of an independent accounting firm via invitation to

31  bid, request for proposals, invitation to negotiate, or

                                  31

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  professional contracts already established at the Division of

 2  Purchasing, Department of Management Services, for certified

 3  public accounting firms, or the board may hire and retain

 4  professional accounting staff to accomplish these functions.

 5         (8)  WIRELESS E911 FEE.--

 6         (a)  Each voice communications services home service

 7  provider shall collect the a monthly fee described in this

 8  subsection imposed on each customer whose place of primary use

 9  is within this state. Each provider, as part of its monthly

10  billing process, shall bill the fee as follows. The fee shall

11  not be assessed on any pay telephone in the state.

12         1.  Each local exchange carrier shall bill the fee to

13  the local exchange subscribers on a service-identifier basis,

14  up to a maximum of 25 access lines per account bill rendered.

15         2.  Except in the case of prepaid wireless service,

16  each wireless provider shall bill the fee to a subscriber on a

17  per-service-identifier basis for service identifiers whose

18  primary place of use is within this state. Before July 1,

19  2009, the fee shall not be assessed on or collected from a

20  provider with respect to an end user's service if that end

21  user's service is a prepaid calling arrangement that is

22  subject to s. 212.05(1)(e).

23         a.  The board shall conduct a study to determine

24  whether it is feasible to collect E911 fees from the sale of

25  prepaid wireless service. If, based on the findings of the

26  study, the board determines that a fee should not be collected

27  from the sale of prepaid wireless service, it shall report its

28  findings and recommendation to the Governor, the President of

29  the Senate, and the Speaker of the House of Representatives by

30  December 31, 2008. If the board determines that a fee should

31  

                                  32

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  be collected from the sale of prepaid wireless service, the

 2  board shall collect the fee beginning July 1, 2009.

 3         b.  For purposes of this section, the term:

 4         (I)  "Prepaid wireless service" means the right to

 5  access telecommunications services that must be paid for in

 6  advance and is sold in predetermined units or dollars enabling

 7  the originator to make calls such that the number of units or

 8  dollars declines with use in a known amount.

 9         (II)  "Prepaid wireless service providers" includes

10  those persons who sell prepaid wireless service regardless of

11  its form, either as a retailer or reseller.

12         c.  The study must include an evaluation of methods by

13  which E911 fees may be collected from end users and purchasers

14  of prepaid wireless service on an equitable, efficient,

15  competitively neutral, and nondiscriminatory basis and must

16  consider whether the collection of fees on prepaid wireless

17  service would constitute an efficient use of public funds

18  given the technological and practical considerations of

19  collecting the fee based on the varying methodologies prepaid

20  wireless service providers and their agents use in marketing

21  prepaid wireless service.

22         d.  The study must include a review and evaluation of

23  the collection of E911 fees on prepaid wireless service at the

24  point of sale within the state. This evaluation must be

25  consistent with the collection principles of end user charges

26  such as those in s. 212.05(1)(e).

27         e.  No later than 90 days after this section becomes

28  law, the board shall require all prepaid wireless service

29  providers, including resellers, to provide the board with

30  information that the board determines is necessary to

31  discharge its duties under this section, including information

                                  33

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  necessary for its recommendation, such as total retail and

 2  reseller prepaid wireless service sales.

 3         f.  All subscriber information provided by a prepaid

 4  wireless service provider in response to a request from the

 5  board while conducting this study is subject to s. 365.174.

 6         g.  The study shall be conducted by an entity competent

 7  and knowledgeable in matters of state taxation policy if the

 8  board does not possess that expertise. The study must be paid

 9  from the moneys distributed to the board for administrative

10  purposes under s. 365.173(2)(e) but may not exceed $250,000.

11         3.  All voice communications services providers not

12  addressed under subparagraphs 1. and 2. shall bill the fee on

13  a per-service-identifier basis for service identifiers whose

14  primary place of use is within the state up to a maximum of 25

15  service identifiers for each account bill rendered.

16  

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

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

19  E911 services. A provider shall remit the fee to the board

20  only if the fee is paid by the subscriber. If a provider

21  receives a partial payment for a monthly bill from a

22  subscriber, the amount received shall first be applied to the

23  payment due the provider for providing voice communications

24  service.

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

26  action to enforce collection of the fees for which any

27  subscriber is billed. A county subscribing to 911 service

28  remains liable to the provider delivering the 911 service or

29  equipment for any 911 service, equipment, operation, or

30  maintenance charge owed by the county to the provider.

31  

                                  34

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1         (c)  For purposes of this section, the state and local

 2  governments are not subscribers customers.

 3         (d)  Each provider may retain 1 percent of the amount

 4  of the fees collected as reimbursement for the administrative

 5  costs incurred by the provider to bill, collect, and remit the

 6  fee. The remainder shall be delivered to the board and

 7  deposited by the board into the fund. The board shall

 8  distribute the remainder pursuant to s. 365.173.

 9         (e)  Effective September 1, 2007, voice communications

10  services providers billing the fee to subscribers shall

11  deliver revenues from the fee to the board within 60 days

12  after the end of the month in which the fee was billed,

13  together with a monthly report of the number of service

14  identifiers in each county. Each wireless provider and other

15  applicable provider identified in subparagraph (a)3. shall

16  report the number of service identifiers for subscribers whose

17  place of primary use is in each county. All provider

18  subscriber information provided to the board is subject to s.

19  365.174. If a provider chooses to remit any fee amounts to the

20  board before they are paid by the subscribers, a provider may

21  apply to the board for a refund of, or may take a credit for,

22  any such fees remitted to the board which are not collected by

23  the provider within 6 months following the month in which the

24  fees are charged off for federal income tax purposes as bad

25  debt.

26         (f)  The rate of the fee shall be set by the board

27  after considering the factors set forth in paragraphs (h) and

28  (i), but may not exceed shall be 50 cents per month per each

29  service identifier number, beginning August 1, 1999. The fee

30  shall apply uniformly and be imposed throughout the state,

31  except for those counties that, before July 1, 2007, had

                                  35

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  adopted an ordinance or resolution establishing a fee less

 2  than 50 cents per month per access line. In those counties the

 3  fee established by ordinance may be changed only to the

 4  uniform statewide rate no sooner than 30 days after

 5  notification is made by the county's board of county

 6  commissioners to the board.

 7         (g)  It is the intent of the Legislature that all

 8  revenue from the fee be used as specified in s.

 9  365.173(2)(a)-(h).

10         (h)  No later than November 1, 2007, the board may

11  adjust the allocation percentages for distribution of the fund

12  as provided in s. 365.173. When setting the percentages and

13  contemplating any adjustments to the fee, the board shall

14  consider the following:

15         1.  The revenues currently allocated for wireless

16  service provider costs for implementing E911 service and

17  projected costs for implementing E911 service, including

18  recurring costs for Phase I and Phase II and the effect of new

19  technologies;

20         2.  The appropriate level of funding needed to fund the

21  rural grant program provided for in s. 365.173(2)(f); and

22         3.  The need to fund statewide, regional, and county

23  programs or initiatives to assist counties that are not

24  eligible to receive funds under s. 365.173(2)(f) with systems

25  that would reduce their overall costs.

26         (b)  The fee is established to ensure full recovery for

27  providers and for counties, over a reasonable period, of the

28  costs associated with developing and maintaining an E911

29  system on a technologically and competitively neutral basis.

30         (i)(c)  After July 1, 2001, The board may adjust the

31  allocation percentages or adjust provided in s. 365.173 or

                                  36

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  reduce the amount of the fee, or both, if necessary to ensure

 2  full cost recovery or prevent overrecovery of costs incurred

 3  in the provision of E911 service, including costs incurred or

 4  projected to be incurred to comply with the order. Any new

 5  allocation percentages or reduced or increased fee may not be

 6  adjusted for 1 year. The fee may not exceed 50 cents per month

 7  per each service identifier number. The board-established fee,

 8  and any board-adjustment of the fee, shall be uniform

 9  throughout the state, except for the counties identified in

10  paragraph (f). No less than 90 days before the effective date

11  of any adjustment to the fee, the board shall provide written

12  notice of the adjusted fee amount and effective date to each

13  voice communications services provider from which the board is

14  then receiving the fee.

15         (j)(d)  State and local taxes do not apply to the fee.

16         (k)(e)  A local government may not levy the fee or any

17  additional fee on wireless providers or subscribers for the

18  provision of E911 service.

19         (l)  For purposes of this section, the definitions

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

21  in the same manner and to the same extent as the definitions

22  and provisions apply to the taxes levied under chapter 202 on

23  mobile communications services.

24         (9)  AUTHORIZED EXPENDITURES OF E911 FEE.--

25         (a)  For purposes of this section, E911 service

26  includes the functions of database management, call taking,

27  location verification, and call transfer.

28         (b)  All costs directly attributable to the

29  establishment or provision of E911 service and contracting for

30  E911 services are eligible for expenditure of moneys derived

31  from imposition of the fee authorized by this section. These

                                  37

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  costs include the acquisition, implementation, and maintenance

 2  of Public Safety Answering Point (PSAP) equipment and E911

 3  service features, as defined in the Public Service

 4  Commission's lawfully approved 911 and E911 and related

 5  tariffs or the acquisition, installation, and maintenance of

 6  other E911 equipment, including call answering equipment, call

 7  transfer equipment, ANI controllers, ALI controllers, ANI

 8  displays, ALI displays, station instruments, E911

 9  telecommunications systems, visual call information and

10  storage devices, recording equipment, telephone devices and

11  other equipment for the hearing impaired used in the E911

12  system, PSAP backup power systems, consoles, automatic call

13  distributors, and interfaces, including hardware and software,

14  for computer-aided dispatch (CAD) systems, integrated CAD

15  systems for that portion of the systems used for E911 call

16  taking, network clocks, salary and associated expenses for

17  E911 call takers for that portion of their time spent taking

18  and transferring E911 calls, salary and associated expenses

19  for a county to employ a full-time equivalent E911 coordinator

20  position and a full-time equivalent mapping or geographical

21  data position and a staff assistant position per county for

22  the portion of their time spent administrating the E911

23  system, training costs for PSAP call takers, supervisors, and

24  managers in the proper methods and techniques used in taking

25  and transferring E911 calls, costs to train and educate PSAP

26  employees regarding E911 service or E911 equipment, and

27  expenses required to develop and maintain all information,

28  including ALI and ANI databases and other information source

29  repositories, necessary to properly inform calltakers as to

30  location address, type of emergency, and other information

31  directly relevant to the E911 call-taking and transferring

                                  38

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  function. Moneys derived from the fee may also be used for

 2  next-generation E911 network services, next-generation E911

 3  database services, next-generation E911 equipment, and

 4  wireless E911 routing systems.

 5         (c)  The moneys may not be used to pay for any item not

 6  listed in this subsection, including, but not limited to, any

 7  capital or operational costs for emergency responses which

 8  occur after the call transfer to the responding public safety

 9  entity and the costs for constructing, leasing, maintaining,

10  or renovating buildings, except for those building

11  modifications necessary to maintain the security and

12  environmental integrity of the PSAP and E911 equipment rooms.

13         (10)  LIABILITY OF COUNTIES.--A county subscribing to

14  911 service remains liable to the local exchange carrier for

15  any 911 service, equipment, operation, or maintenance charge

16  owed by the county to the local exchange carrier. As used in

17  this subsection, the term "local exchange carrier" means a

18  local exchange telecommunications service provider of 911

19  service or equipment to any county within its certificated

20  area.

21         (11)  INDEMNIFICATION AND LIMITATION OF

22  LIABILITY.--Local governments are authorized to undertake to

23  indemnify local exchange carriers against liability in

24  accordance with the lawfully filed tariffs of the company.

25  Notwithstanding an indemnification agreement, a voice

26  communications services provider is not liable for damages

27  resulting from or in connection with 911 or E911 service, or

28  for identification of the telephone number, or address, or

29  name associated with any person accessing 911 or E911 service,

30  unless the voice communications services provider acted with

31  malicious purpose or in a manner exhibiting wanton and willful

                                  39

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  disregard of the rights, safety, or property of a person when

 2  providing such services. A voice communications services

 3  provider is not liable for damages to any person resulting

 4  from or in connection with the provider's provision of any

 5  lawful assistance to any investigative or law enforcement

 6  officer of the United States, this state, or a political

 7  subdivision thereof, or of any other state or political

 8  subdivision thereof, in connection with any lawful

 9  investigation or other law enforcement activity by such law

10  enforcement officer.

11         (9)  MANAGEMENT OF FUNDS.--

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

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

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

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

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

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

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

19  received shall first be applied to the payment due the

20  provider for the provision of telecommunications service.

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

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

23  shall be remitted based upon each prepaid wireless telephone

24  associated with this state, for each wireless service customer

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

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

27  consistent with the wireless provider's existing operating or

28  technological abilities, such as customer address, location

29  associated with the MTN, or reasonable allocation method based

30  upon other comparable relevant data. The surcharge amount or

31  an equivalent number of minutes may be reduced from the

                                  40

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




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

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

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

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

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

 6  point of sale.

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

 8  action to enforce collection of the fees for which any

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

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

11  numbers of all subscribers who have indicated to the provider

12  their refusal to pay the fee.

13         (d)  Each provider may retain 1 percent of the amount

14  of the fees collected as reimbursement for the administrative

15  costs incurred by the provider to bill, collect, and remit the

16  fee. The remainder shall be delivered to the board and

17  deposited in the fund. The board shall distribute the

18  remainder pursuant to s. 365.173.

19         (e)  Each provider shall deliver revenues from the fee

20  to the board within 60 days after the end of the month in

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

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

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

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

25  which are not collected by the provider within 6 months

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

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

28  the requirement that the fees and number of customers whose

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

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

31  

                                  41

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  and number of customers quarterly if the provider demonstrates

 2  that such waiver is necessary and justified.

 3         (f)  For purposes of this section, the definitions

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

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

 6  and provisions apply to the taxes levied pursuant to chapter

 7  202 on mobile communications services.

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

 9  includes any person or entity that resells wireless service

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

11         (10)  PROVISION OF SERVICES.--In accordance with the

12  order, a provider is not required to provide E911 service

13  until:

14         (a)  The provider receives a request in writing for

15  such service from the county 911 coordinator and the affected

16  answering point is capable of receiving and using the data

17  elements associated with the service.

18         (b)  Funds are available under s. 365.173(2)(b).

19         (c)  The local exchange carrier is able to support the

20  E911 system.

21         (d)  The service area has been scheduled for

22  implementation of E911 service by the board pursuant to

23  subparagraph (6)(a)3. If a county's 911 coordinator requests

24  E911 service from a provider, the coordinator shall also

25  request E911 service from all other providers in the area in a

26  nondiscriminatory and fair manner.

27         (12)(11)  FACILITATING E911 SERVICE IMPLEMENTATION.--To

28  balance the public need for reliable E911 services through

29  reliable wireless systems and the public interest served by

30  governmental zoning and land development regulations and

31  notwithstanding any other law or local ordinance to the

                                  42

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  contrary, the following standards shall apply to a local

 2  government's actions, as a regulatory body, in the regulation

 3  of the placement, construction, or modification of a wireless

 4  communications facility. This subsection shall not, however,

 5  be construed to waive or alter the provisions of s. 286.011 or

 6  s. 286.0115. For the purposes of this subsection only, "local

 7  government" shall mean any municipality or county and any

 8  agency of a municipality or county only. The term "local

 9  government" does not, however, include any airport, as defined

10  by s. 330.27(2), even if it is owned or controlled by or

11  through a municipality, county, or agency of a municipality or

12  county. Further, notwithstanding anything in this section to

13  the contrary, this subsection does not apply to or control a

14  local government's actions as a property or structure owner in

15  the use of any property or structure owned by such entity for

16  the placement, construction, or modification of wireless

17  communications facilities. In the use of property or

18  structures owned by the local government, however, a local

19  government may not use its regulatory authority so as to avoid

20  compliance with, or in a manner that does not advance, the

21  provisions of this subsection.

22         (a)  Collocation among wireless providers is encouraged

23  by the state.

24         1.a.  Collocations on towers, including nonconforming

25  towers, that meet the requirements in sub-sub-subparagraphs

26  (I), (II), and (III), are subject to only building permit

27  review, which may include a review for compliance with this

28  subparagraph. Such collocations are not subject to any design

29  or placement requirements of the local government's land

30  development regulations in effect at the time of the

31  collocation that are more restrictive than those in effect at

                                  43

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  the time of the initial antennae placement approval, to any

 2  other portion of the land development regulations, or to

 3  public hearing review. This sub-subparagraph shall not

 4  preclude a public hearing for any appeal of the decision on

 5  the collocation application.

 6         (I)  The collocation does not increase the height of

 7  the tower to which the antennae are to be attached, measured

 8  to the highest point of any part of the tower or any existing

 9  antenna attached to the tower;

10         (II)  The collocation does not increase the ground

11  space area, commonly known as the compound, approved in the

12  site plan for equipment enclosures and ancillary facilities;

13  and

14         (III)  The collocation consists of antennae, equipment

15  enclosures, and ancillary facilities that are of a design and

16  configuration consistent with all applicable regulations,

17  restrictions, or conditions, if any, applied to the initial

18  antennae placed on the tower and to its accompanying equipment

19  enclosures and ancillary facilities and, if applicable,

20  applied to the tower supporting the antennae. Such regulations

21  may include the design and aesthetic requirements, but not

22  procedural requirements, other than those authorized by this

23  section, of the local government's land development

24  regulations in effect at the time the initial antennae

25  placement was approved.

26         b.  Except for a historic building, structure, site,

27  object, or district, or a tower included in sub-subparagraph

28  a., collocations on all other existing structures that meet

29  the requirements in sub-sub-subparagraphs (I)-(IV) shall be

30  subject to no more than building permit review, and an

31  administrative review for compliance with this subparagraph.

                                  44

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  Such collocations are not subject to any portion of the local

 2  government's land development regulations not addressed

 3  herein, or to public hearing review. This sub-subparagraph

 4  shall not preclude a public hearing for any appeal of the

 5  decision on the collocation application.

 6         (I)  The collocation does not increase the height of

 7  the existing structure to which the antennae are to be

 8  attached, measured to the highest point of any part of the

 9  structure or any existing antenna attached to the structure;

10         (II)  The collocation does not increase the ground

11  space area, otherwise known as the compound, if any, approved

12  in the site plan for equipment enclosures and ancillary

13  facilities;

14         (III)  The collocation consists of antennae, equipment

15  enclosures, and ancillary facilities that are of a design and

16  configuration consistent with any applicable structural or

17  aesthetic design requirements and any requirements for

18  location on the structure, but not prohibitions or

19  restrictions on the placement of additional collocations on

20  the existing structure or procedural requirements, other than

21  those authorized by this section, of the local government's

22  land development regulations in effect at the time of the

23  collocation application; and

24         (IV)  The collocation consists of antennae, equipment

25  enclosures, and ancillary facilities that are of a design and

26  configuration consistent with all applicable restrictions or

27  conditions, if any, that do not conflict with

28  sub-sub-subparagraph (III) and were applied to the initial

29  antennae placed on the structure and to its accompanying

30  equipment enclosures and ancillary facilities and, if

31  applicable, applied to the structure supporting the antennae.

                                  45

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1         c.  Regulations, restrictions, conditions, or permits

 2  of the local government, acting in its regulatory capacity,

 3  that limit the number of collocations or require review

 4  processes inconsistent with this subsection shall not apply to

 5  collocations addressed in this subparagraph.

 6         d.  If only a portion of the collocation does not meet

 7  the requirements of this subparagraph, such as an increase in

 8  the height of the proposed antennae over the existing

 9  structure height or a proposal to expand the ground space

10  approved in the site plan for the equipment enclosure, where

11  all other portions of the collocation meet the requirements of

12  this subparagraph, that portion of the collocation only may be

13  reviewed under the local government's regulations applicable

14  to an initial placement of that portion of the facility,

15  including, but not limited to, its land development

16  regulations, and within the review timeframes of subparagraph

17  (d)2., and the rest of the collocation shall be reviewed in

18  accordance with this subparagraph. A collocation proposal

19  under this subparagraph that increases the ground space area,

20  otherwise known as the compound, approved in the original site

21  plan for equipment enclosures and ancillary facilities by no

22  more than a cumulative amount of 400 square feet or 50 percent

23  of the original compound size, whichever is greater, shall,

24  however, require no more than administrative review for

25  compliance with the local government's regulations, including,

26  but not limited to, land development regulations review, and

27  building permit review, with no public hearing review. This

28  sub-subparagraph shall not preclude a public hearing for any

29  appeal of the decision on the collocation application.

30         2.  If a collocation does not meet the requirements of

31  subparagraph 1., the local government may review the

                                  46

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  application under the local government's regulations,

 2  including, but not limited to, land development regulations,

 3  applicable to the placement of initial antennae and their

 4  accompanying equipment enclosure and ancillary facilities.

 5         3.  If a collocation meets the requirements of

 6  subparagraph 1., the collocation shall not be considered a

 7  modification to an existing structure or an impermissible

 8  modification of a nonconforming structure.

 9         4.  The owner of the existing tower on which the

10  proposed antennae are to be collocated shall remain

11  responsible for compliance with any applicable condition or

12  requirement of a permit or agreement, or any applicable

13  condition or requirement of the land development regulations

14  to which the existing tower had to comply at the time the

15  tower was permitted, including any aesthetic requirements,

16  provided the condition or requirement is not inconsistent with

17  this paragraph.

18         5.  An existing tower, including a nonconforming tower,

19  may be structurally modified in order to permit collocation or

20  may be replaced through no more than administrative review and

21  building permit review, and is not subject to public hearing

22  review, if the overall height of the tower is not increased

23  and, if a replacement, the replacement tower is a monopole

24  tower or, if the existing tower is a camouflaged tower, the

25  replacement tower is a like-camouflaged tower. This

26  subparagraph shall not preclude a public hearing for any

27  appeal of the decision on the application.

28         (b)1.  A local government's land development and

29  construction regulations for wireless communications

30  facilities and the local government's review of an application

31  for the placement, construction, or modification of a wireless

                                  47

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  communications facility shall only address land development or

 2  zoning issues. In such local government regulations or review,

 3  the local government may not require information on or

 4  evaluate a wireless provider's business decisions about its

 5  service, customer demand for its service, or quality of its

 6  service to or from a particular area or site, unless the

 7  wireless provider voluntarily offers this information to the

 8  local government. In such local government regulations or

 9  review, a local government may not require information on or

10  evaluate the wireless provider's designed service unless the

11  information or materials are directly related to an identified

12  land development or zoning issue or unless the wireless

13  provider voluntarily offers the information. Information or

14  materials directly related to an identified land development

15  or zoning issue may include, but are not limited to, evidence

16  that no existing structure can reasonably be used for the

17  antennae placement instead of the construction of a new tower,

18  that residential areas cannot be served from outside the

19  residential area, as addressed in subparagraph 3., or that the

20  proposed height of a new tower or initial antennae placement

21  or a proposed height increase of a modified tower, replacement

22  tower, or collocation is necessary to provide the provider's

23  designed service. Nothing in this paragraph shall limit the

24  local government from reviewing any applicable land

25  development or zoning issue addressed in its adopted

26  regulations that does not conflict with this section,

27  including, but not limited to, aesthetics, landscaping, land

28  use based location priorities, structural design, and

29  setbacks.

30         2.  Any setback or distance separation required of a

31  tower may not exceed the minimum distance necessary, as

                                  48

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  determined by the local government, to satisfy the structural

 2  safety or aesthetic concerns that are to be protected by the

 3  setback or distance separation.

 4         3.  A local government may exclude the placement of

 5  wireless communications facilities in a residential area or

 6  residential zoning district but only in a manner that does not

 7  constitute an actual or effective prohibition of the

 8  provider's service in that residential area or zoning

 9  district. If a wireless provider demonstrates to the

10  satisfaction of the local government that the provider cannot

11  reasonably provide its service to the residential area or zone

12  from outside the residential area or zone, the municipality or

13  county and provider shall cooperate to determine an

14  appropriate location for a wireless communications facility of

15  an appropriate design within the residential area or zone. The

16  local government may require that the wireless provider

17  reimburse the reasonable costs incurred by the local

18  government for this cooperative determination. An application

19  for such cooperative determination shall not be considered an

20  application under paragraph (d).

21         4.  A local government may impose a reasonable fee on

22  applications to place, construct, or modify a wireless

23  communications facility only if a similar fee is imposed on

24  applicants seeking other similar types of zoning, land use, or

25  building permit review. A local government may impose fees for

26  the review of applications for wireless communications

27  facilities by consultants or experts who conduct code

28  compliance review for the local government but any fee is

29  limited to specifically identified reasonable expenses

30  incurred in the review. A local government may impose

31  reasonable surety requirements to ensure the removal of

                                  49

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  wireless communications facilities that are no longer being

 2  used.

 3         5.  A local government may impose design requirements,

 4  such as requirements for designing towers to support

 5  collocation or aesthetic requirements, except as otherwise

 6  limited in this section, but shall not impose or require

 7  information on compliance with building code type standards

 8  for the construction or modification of wireless

 9  communications facilities beyond those adopted by the local

10  government under chapter 553 and that apply to all similar

11  types of construction.

12         (c)  Local governments may not require wireless

13  providers to provide evidence of a wireless communications

14  facility's compliance with federal regulations, except

15  evidence of compliance with applicable Federal Aviation

16  Administration requirements under 14 C.F.R. s. 77, as amended,

17  and evidence of proper Federal Communications Commission

18  licensure, or other evidence of Federal Communications

19  Commission authorized spectrum use, but may request the

20  Federal Communications Commission to provide information as to

21  a wireless provider's compliance with federal regulations, as

22  authorized by federal law.

23         (d)1.  A local government shall grant or deny each

24  properly completed application for a collocation under

25  subparagraph (a)1. based on the application's compliance with

26  the local government's applicable regulations, as provided for

27  in subparagraph (a)1. and consistent with this subsection, and

28  within the normal timeframe for a similar building permit

29  review but in no case later than 45 business days after the

30  date the application is determined to be properly completed in

31  accordance with this paragraph.

                                  50

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1         2.  A local government shall grant or deny each

 2  properly completed application for any other wireless

 3  communications facility based on the application's compliance

 4  with the local government's applicable regulations, including

 5  but not limited to land development regulations, consistent

 6  with this subsection and within the normal timeframe for a

 7  similar type review but in no case later than 90 business days

 8  after the date the application is determined to be properly

 9  completed in accordance with this paragraph.

10         3.a.  An application is deemed submitted or resubmitted

11  on the date the application is received by the local

12  government. If the local government does not notify the

13  applicant in writing that the application is not completed in

14  compliance with the local government's regulations within 20

15  business days after the date the application is initially

16  submitted or additional information resubmitted, the

17  application is deemed, for administrative purposes only, to be

18  properly completed and properly submitted. However, the

19  determination shall not be deemed as an approval of the

20  application. If the application is not completed in compliance

21  with the local government's regulations, the local government

22  shall so notify the applicant in writing and the notification

23  must indicate with specificity any deficiencies in the

24  required documents or deficiencies in the content of the

25  required documents which, if cured, make the application

26  properly completed. Upon resubmission of information to cure

27  the stated deficiencies, the local government shall notify the

28  applicant, in writing, within the normal timeframes of review,

29  but in no case longer than 20 business days after the

30  additional information is submitted, of any remaining

31  deficiencies that must be cured. Deficiencies in document type

                                  51

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  or content not specified by the local government do not make

 2  the application incomplete. Notwithstanding this

 3  sub-subparagraph, if a specified deficiency is not properly

 4  cured when the applicant resubmits its application to comply

 5  with the notice of deficiencies, the local government may

 6  continue to request the information until such time as the

 7  specified deficiency is cured. The local government may

 8  establish reasonable timeframes within which the required

 9  information to cure the application deficiency is to be

10  provided or the application will be considered withdrawn or

11  closed.

12         b.  If the local government fails to grant or deny a

13  properly completed application for a wireless communications

14  facility within the timeframes set forth in this paragraph,

15  the application shall be deemed automatically approved and the

16  applicant may proceed with placement of the facilities without

17  interference or penalty. The timeframes specified in

18  subparagraph 2. may be extended only to the extent that the

19  application has not been granted or denied because the local

20  government's procedures generally applicable to all other

21  similar types of applications require action by the governing

22  body and such action has not taken place within the timeframes

23  specified in subparagraph 2. Under such circumstances, the

24  local government must act to either grant or deny the

25  application at its next regularly scheduled meeting or,

26  otherwise, the application is deemed to be automatically

27  approved.

28         c.  To be effective, a waiver of the timeframes set

29  forth in this paragraph must be voluntarily agreed to by the

30  applicant and the local government. A local government may

31  request, but not require, a waiver of the timeframes by the

                                  52

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1  applicant, except that, with respect to a specific

 2  application, a one-time waiver may be required in the case of

 3  a declared local, state, or federal emergency that directly

 4  affects the administration of all permitting activities of the

 5  local government.

 6         (e)  The replacement of or modification to a wireless

 7  communications facility, except a tower, that results in a

 8  wireless communications facility not readily discernibly

 9  different in size, type, and appearance when viewed from

10  ground level from surrounding properties, and the replacement

11  or modification of equipment that is not visible from

12  surrounding properties, all as reasonably determined by the

13  local government, are subject to no more than applicable

14  building permit review.

15         (f)  Any other law to the contrary notwithstanding, the

16  Department of Management Services shall negotiate, in the name

17  of the state, leases for wireless communications facilities

18  that provide access to state government-owned property not

19  acquired for transportation purposes, and the Department of

20  Transportation shall negotiate, in the name of the state,

21  leases for wireless communications facilities that provide

22  access to property acquired for state rights-of-way. On

23  property acquired for transportation purposes, leases shall be

24  granted in accordance with s. 337.251. On other state

25  government-owned property, leases shall be granted on a space

26  available, first-come, first-served basis. Payments required

27  by state government under a lease must be reasonable and must

28  reflect the market rate for the use of the state

29  government-owned property. The Department of Management

30  Services and the Department of Transportation are authorized

31  

                                  53

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 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  

                                  54

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1         (14)(13)  STATE LAW NOT PREEMPTED.--This section and

 2  ss. 365.173 and 365.174 do not alter any state law that

 3  otherwise regulates voice communications services providers of

 4  telecommunications service.

 5         Section 3.  Two and one-half full-time equivalent

 6  positions are authorized with an associated salary rate of

 7  $151,278, and the sum of $561,834 in recurring funds is

 8  appropriated for the 2007-2008 fiscal year from the Emergency

 9  Communications Number E911 System Fund of the Department of

10  Management Services from revenue received pursuant to s.

11  365.173, Florida Statutes, for expenditures related to the

12  creation of the statewide E911 board.

13         Section 4.  This act shall take effect upon becoming a

14  law.

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  55

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






    Florida Senate - 2007                           CS for SB 1198
    579-2294-07




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1198

 3                                 

 4  The committee substitute makes the following changes:

 5  -Revises definitions of the terms "automatic location
    identification," "automatic number identification," "service
 6  identifier," "voice communications services," and deletes the
    definition of "medium county." The definition of "voice
 7  communications services" includes non-voice services such as
    data (text), video and relay service for the deaf and hard of
 8  hearing that provide access to E911 services.

 9  -Revises the Board membership by identifying specific types of
    county coordinators to be on the board.
10  
    -Deletes segregated references to counties that can receive
11  grants, applies to all counties; deletes references to loans.

12  -Revises the provision on addressing overages in the wireless
    account; changes the procedure to require all members to
13  participate in the vote to make adjustments to the percentages
    and amounts of the fee; if excess revenues still exist allows
14  transfer to counties; also sets an amount and time limit for
    authorized transfer.
15  
    -Requires the Board to also include in a report its rationale
16  for adjustments to the fee or allocation percentages.

17  -Changes the wireless E911 fee provisions. Requires a study to
    determine if and how prepaid wireless services can be charged
18  a 911 fee; also limits the fee for other voice communications
    services providers to up to a maximum of 25 service
19  identifiers for each account bill rendered.

20  -Adds that all provider subscriber information provided to the
    Board is subject to s. 365.174, F.S, which relates to
21  proprietary confidential business information.

22  -Clarifies that the Board is authorized to set the rate of the
    fee after considering specified factors; clarifies and revises
23  the provision that addresses counties that have 911 fees less
    than 50 cents; modifies dates when the Board must set
24  allocation percentages; adds affects of new technologies as a
    criteria to be used for considering adjustments to the fee.
25  
    -Revises the list of 911 cost causers and uses for the 911
26  funds; deletes the provision relating to "311" or other
    nonemergency pilot systems.
27  
    -Makes technical and conforming changes.
28  

29  

30  

31  

                                  56

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