CS/HB 919

1	A bill to be entitled
2	An act relating to emergency communications systems;
3	amending s. 365.171, F.S.; redesignating the Florida
4	Emergency Telephone Act as the "Florida Emergency
5	Communications Number E911 State Plan Act"; providing
6	legislative intent; revising the definition of the term
7	"office" to provide for designation of the office by the
8	secretary of the Department of Management Services;
9	revising duties of the office regarding the state plan;
10	revising provisions for content of the plan; designating
11	the secretary as the director of the statewide emergency
12	communications number E911 system; revising authority of
13	the director; directing the Public Service Commission to
14	adopt rules, relating to coin-free 911 calls, to be
15	followed by the telecommunications industry; requiring
16	approval of the office for establishing or expanding an
17	emergency communications number E911 system; removing a
18	provision for existing emergency telephone service;
19	authorizing the secretary of the department to apply for
20	and accept federal funding assistance; removing provisions
21	relating to imposition and collection of the 911 fee and
22	to the indemnification of local telephone companies;
23	removing a penalty for reporting false information that
24	may result in an emergency response; amending s. 365.172,
25	F.S.; redesignating the Wireless Emergency Communications
26	Act as the "Emergency Communications Number E911 Act";
27	providing legislative intent; revising definitions;
28	providing for administration of the fees collected;
29	redesignating the Wireless 911 Board as the E911 Board;
30	revising membership, powers, duties, and responsibilities
31	of the board; redesignating the Wireless E911 Fee as the
32	E911 Fee; requiring a study relating to collecting the fee
33	on the sale of prepaid wireless service; revising
34	provisions for use of revenue collected; providing for
35	certain disbursements; providing for rates and collection
36	from consumers of voice communication services; providing
37	for exceptions to uniform statewide rate; providing for
38	the authorized use of the fees collected; providing for
39	indemnification and limitation of liability for local
40	exchange carriers; providing penalties for the misuse of
41	the E911 system; providing an effective date.
42
43	Be It Enacted by the Legislature of the State of Florida:
44
45	Section 1.  Section 365.171, Florida Statutes, is amended
46	to read:
47	365.171  Emergency Communications telephone Number E911
48	State Plan.-- "911."--
49	(1)  SHORT TITLE.--This section shall be known and cited as
50	the "Florida Emergency Communications Number E911 State Plan
51	Telephone Act."
52	(2)  LEGISLATIVE INTENT.--It is the intent of the
53	Legislature that the communications number "911" shall be the
54	designated emergency communications number. No public safety
55	agency shall advertise or otherwise promote the use of any
56	communications number for emergency response services other than
57	911. It is further the intent of the Legislature to establish
58	and implement and continually update a cohesive statewide
59	emergency communications telephone number E911 "911" plan for
60	enhanced 911 (E911) services which will provide citizens with
61	rapid direct access to public safety agencies by accessing 911
62	dialing the telephone number "911" with the objective of
63	reducing the response time to situations requiring law
64	enforcement, fire, medical, rescue, and other emergency
65	services.
66	(3)  DEFINITIONS.--As used in this section:
67	(a)  "Office" means the Florida Enterprise Information
68	Technology Services Office or other office within the Department
69	of Management Services, as designated by the Secretary of
70	Management Services State Technology Office.
71	(b)  "Local government" means any city, county, or
72	political subdivision of the state and its agencies.
73	(c)  "Public agency" means the state and any city, county,
74	city and county, municipal corporation, chartered organization,
75	public district, or public authority located in whole or in part
76	within this state which provides, or has authority to provide,
77	firefighting, law enforcement, ambulance, medical, or other
78	emergency services.
79	(d)  "Public safety agency" means a functional division of
80	a public agency which provides firefighting, law enforcement,
81	medical, or other emergency services.
82	(4)  STATE PLAN.--The office shall develop, maintain, and
83	implement appropriate modifications for a statewide emergency
84	communications E911 telephone number "911" system plan. The plan
85	shall provide for:
86	(a)  The establishment of the Public agency emergency
87	telephone communications requirements for each entity of local
88	government in the state.
89	(b)  A system to meet specific local government
90	requirements. Such system shall include law enforcement,
91	firefighting, and emergency medical services and may include
92	other emergency services such as poison control, suicide
93	prevention, and emergency management services.
94	(c)  Identification of the mutual aid agreements necessary
95	to obtain an effective E911 "911" system.
96	(d)  A funding provision which shall identify the cost
97	necessary to implement the E911 "911" system.
98	(e)  A firm implementation schedule which shall include the
99	installation of the "911" system in a local community within 24
100	months after the designated agency of the local government gives
101	a firm order to the telephone utility for a "911" system.
102
103	The office shall be responsible for the implementation and
104	coordination of such plan. The office shall adopt any necessary
105	rules and schedules related to public agencies for implementing
106	and coordinating such plan, pursuant to chapter 120. The public
107	agency designated in the plan shall order such system within 6
108	months after publication date of the plan if the public agency
109	is in receipt of funds appropriated by the Legislature for the
110	implementation and maintenance of the "911" system. Any
111	jurisdiction which has utilized local funding as of July 1,
112	1976, to begin the implementation of the state plan as set forth
113	in this section shall be eligible for at least a partial
114	reimbursement of its direct cost when, and if, state funds are
115	available for such reimbursement.
116	(5)  SYSTEM DIRECTOR.--The secretary of the department
117	director of the office or his or her designee is designated as
118	the director of the statewide emergency communications telephone
119	number E911 "911" system and, for the purpose of carrying out
120	the provisions of this section, is authorized to coordinate the
121	activities of the system with state, county, local, and private
122	agencies. The director is authorized to employ not less than
123	five persons, three of whom will be at the professional level,
124	one at the secretarial level, and one to fill a fiscal position,
125	for the purpose of carrying out the provisions of this section.
126	The director in implementing the system shall consult,
127	cooperate, and coordinate with local law enforcement agencies.
128	(6)  REGIONAL SYSTEMS.--Nothing in this section shall be
129	construed to prohibit or discourage the formation of
130	multijurisdictional or regional systems; and any system
131	established pursuant to this section may include the
132	jurisdiction, or any portion thereof, of more than one public
133	agency. It is the goal of the Legislature that E911 service be
134	available throughout the state. Expenditure by counties of the
135	E911 fee authorized and imposed pursuant to s. 365.172 should
136	support this goal to the greatest extent feasible within the
137	context of local service needs and fiscal capability. Nothing in
138	this section shall be construed to prohibit two or more counties
139	from establishing a combined emergency E911 communications
140	service by interlocal agreement and utilizing the fees
141	authorized and imposed by s. 365.172 for such combined E911
142	service.
143	(7)  TELECOMMUNICATIONS TELEPHONE INDUSTRY
144	COORDINATION.--The office shall coordinate with the Florida
145	Public Service Commission, which shall encourage the Florida
146	telecommunications telephone industry to activate facility
147	modification plans for a timely E911 "911" implementation.
148	(8)  COIN TELEPHONES.--The Florida Public Service
149	Commission shall establish rules to be followed by the
150	telecommunications companies telephone utilities in this state
151	designed toward encouraging the provision of coin-free dialing
152	of "911" calls wherever economically practicable and in the
153	public interest.
154	(9)  SYSTEM APPROVAL.--No emergency communications
155	telephone number E911 "911" system shall be established and no
156	present system shall be expanded without prior approval of the
157	office.
158	(10)  COMPLIANCE.--All public agencies shall assist the
159	office in their efforts to carry out the intent of this section,
160	and such agencies shall comply with the developed plan.
161	(11)  EXISTING EMERGENCY TELEPHONE SERVICE.--Any emergency
162	telephone number established by any local government or state
163	agency prior to July 1, 1974, using a number other than "911"
164	shall be changed to "911" on the same implementation schedule
165	provided in paragraph (4)(e).
166	(11)(12)  FEDERAL ASSISTANCE.--The secretary of the
167	department office or his or her designee may apply for and
168	accept federal funding assistance in the development and
169	implementation of a statewide emergency communications E911
170	telephone number "911" system.
171	(13)  "911" FEE.--
172	(a)  Following approval by referendum as set forth in
173	paragraph (b), or following approval by a majority vote of its
174	board of county commissioners, a county may impose a "911" fee
175	to be paid by the local exchange subscribers within its
176	boundaries served by the "911" service. Proceeds from the "911"
177	fee shall be used only for "911" expenditures as set forth in
178	subparagraph 6. The manner of imposing and collecting said
179	payment shall be as follows:
180	1.  At the request of the county subscribing to "911"
181	service, the telephone company shall, insofar as is practicable,
182	bill the "911" fee to the local exchange subscribers served by
183	the "911" service, on an individual access line basis, at a rate
184	not to exceed 50 cents per month per line (up to a maximum of 25
185	access lines per account bill rendered). However, the fee may
186	not be assessed on any pay telephone in this state. A county
187	collecting the fee for the first time may collect the fee for no
188	longer than 36 months without initiating the acquisition of its
189	"911" equipment.
190	2.  Fees collected by the telephone company pursuant to
191	subparagraph 1. shall be returned to the county, less the costs
192	of administration retained pursuant to paragraph (c). The county
193	shall provide a minimum of 90 days' written notice to the
194	telephone company prior to the collection of any "911" fees.
195	3.  Any county that currently has an operational "911"
196	system or that is actively pursuing the implementation of a
197	"911" system shall establish a fund to be used exclusively for
198	receipt and expenditure of "911" fee revenues collected pursuant
199	to this section. All fees placed in said fund, and any interest
200	accrued thereupon, shall be used solely for "911" costs
201	described in subparagraph 6. The money collected and interest
202	earned in this fund shall be appropriated for "911" purposes by
203	the county commissioners and incorporated into the annual county
204	budget. Such fund shall be included within the financial audit
205	performed in accordance with s. 218.39. A report of the audit
206	shall be forwarded to the office within 60 days of its
207	completion. A county may carry forward on an annual basis
208	unspent moneys in the fund for expenditures allowed by this
209	section, or it may reduce its fee. However, in no event shall a
210	county carry forward more than 10 percent of the "911" fee
211	billed for the prior year. The amount of moneys carried forward
212	each year may be accumulated in order to allow for capital
213	improvements described in this subsection. The carryover shall
214	be documented by resolution of the board of county commissioners
215	expressing the purpose of the carryover or by an adopted capital
216	improvement program identifying projected expansion or
217	replacement expenditures for "911" equipment and service
218	features, or both. In no event shall the "911" fee carryover
219	surplus moneys be used for any purpose other than for the "911"
220	equipment, service features, and installation charges authorized
221	in subparagraph 6. Nothing in this section shall prohibit a
222	county from using other sources of revenue for improvements,
223	replacements, or expansions of its "911" system. A county may
224	increase its fee for purposes authorized in this section.
225	However, in no case shall the fee exceed 50 cents per month per
226	line. All current "911" fees shall be reported to the office
227	within 30 days of the start of each county's fiscal period. Any
228	fee adjustment made by a county shall be reported to the office.
229	A county shall give the telephone company a 90-day written
230	notice of such fee adjustment.
231	4.  The telephone company shall have no obligation to take
232	any legal action to enforce collection of the "911" fee. The
233	telephone company shall provide quarterly to the county a list
234	of the names, addresses, and telephone numbers of any and all
235	subscribers who have identified to the telephone company their
236	refusal to pay the "911" fee.
237	5.  The county subscribing to "911" service shall remain
238	liable to the telephone company for any "911" service,
239	equipment, operation, or maintenance charge owed by the county
240	to the telephone company.
241
242	As used in this paragraph, "telephone company" means an exchange
243	telephone service provider of "911" service or equipment to any
244	county within its certificated area.
245	6.  It is the intent of the Legislature that the "911" fee
246	authorized by this section to be imposed by counties will not
247	necessarily provide the total funding required for establishing
248	or providing the "911" service. For purposes of this section,
249	"911" service includes the functions of database management,
250	call taking, location verification, and call transfer. The
251	following costs directly attributable to the establishment
252	and/or provision of "911" service are eligible for expenditure
253	of moneys derived from imposition of the "911" fee authorized by
254	this section: the acquisition, implementation, and maintenance
255	of Public Safety Answering Point (PSAP) equipment and "911"
256	service features, as defined in the Florida Public Service
257	Commission's lawfully approved "911" and related tariffs and/or
258	the acquisition, installation, and maintenance of other "911"
259	equipment, including call answering equipment, call transfer
260	equipment, ANI controllers, ALI controllers, ANI displays, ALI
261	displays, station instruments, "911" telecommunications systems,
262	teleprinters, logging recorders, instant playback recorders,
263	telephone devices for the deaf (TDD) used in the "911" system,
264	PSAP backup power systems, consoles, automatic call
265	distributors, and interfaces (hardware and software) for
266	computer-aided dispatch (CAD) systems; salary and associated
267	expenses for "911" call takers for that portion of their time
268	spent taking and transferring "911" calls; salary and associated
269	expenses for a county to employ a full-time equivalent "911"
270	coordinator position and a full-time equivalent staff assistant
271	position per county for the portion of their time spent
272	administrating the "911" system; training costs for PSAP call
273	takers in the proper methods and techniques used in taking and
274	transferring "911" calls; and expenses required to develop and
275	maintain all information (ALI and ANI databases and other
276	information source repositories) necessary to properly inform
277	call takers as to location address, type of emergency, and other
278	information directly relevant to the "911" call-taking and
279	transferring function. No wireless telephone service provider
280	shall be required to participate in any pilot project or to
281	otherwise implement a nonemergency "311" system or similar
282	nonemergency system. The "911" fee revenues shall not be used to
283	pay for any item not listed, including, but not limited to, any
284	capital or operational costs for emergency responses which occur
285	after the call transfer to the responding public safety entity
286	and the costs for constructing buildings, leasing buildings,
287	maintaining buildings, or renovating buildings, except for those
288	building modifications necessary to maintain the security and
289	environmental integrity of the PSAP and "911" equipment rooms.
290	7.  It is the goal of the Legislature that enhanced "911"
291	service be available throughout the state. Expenditure by
292	counties of the "911" fees authorized by this section should
293	support this goal to the greatest extent feasible within the
294	context of local service needs and fiscal capability. Nothing in
295	this section shall be construed to prohibit two or more counties
296	from establishing a combined emergency "911" telephone service
297	by interlocal agreement and utilizing the "911" fees authorized
298	by this section for such combined "911" service.
299	(b)  If a county elects to obtain approval of a "911" fee
300	by referendum, it shall arrange to place a question on the
301	ballot at the next regular or special election to be held within
302	the county, substantially as follows:
303
304	_____ I am in favor of the "911" emergency telephone system
305	fee.
306	_____ I am against the "911" emergency telephone system
307	fee.
308
309	If a majority of the electors voting on the question approve the
310	fee, it may be imposed by the county.
311	(c)  Any county imposing a "911" fee in accordance with the
312	provisions of this subsection shall allow the telephone company
313	to retain as an administrative fee an amount equal to 1 percent
314	of the total "911" fee collected by the telephone company.
315	(14)  INDEMNIFICATION AND LIMITATION OF LIABILITY.--All
316	local governments are authorized to undertake to indemnify the
317	telephone company against liability in accordance with the
318	telephone company's lawfully filed tariffs. Regardless of any
319	indemnification agreement, a telephone company or commercial
320	mobile radio service provider as defined in s. 364.02 shall not
321	be liable for damages resulting from or in connection with "911"
322	service or identification of the telephone number, address, or
323	name associated with any person accessing "911" service, unless
324	the telephone company or commercial radio service provider acted
325	with malicious purpose or in a manner exhibiting wanton and
326	willful disregard of human rights, safety, or property in
327	providing such services.
328	(12)(15)  CONFIDENTIALITY OF RECORDS.--Any record,
329	recording, or information, or portions thereof, obtained by a
330	public agency or a public safety agency for the purpose of
331	providing services in an emergency and which reveals the name,
332	address, telephone number, or personal information about, or
333	information which may identify any person requesting emergency
334	service or reporting an emergency by accessing an emergency
335	communications E911 telephone number "911" system is
336	confidential and exempt from the provisions of s. 119.07(1) and
337	s. 24(a), Art. I of the State Constitution, except that such
338	record or information may be disclosed to a public safety
339	agency. The exemption applies only to the name, address,
340	telephone number or personal information about, or information
341	which may identify any person requesting emergency services or
342	reporting an emergency while such information is in the custody
343	of the public agency or public safety agency providing emergency
344	services. A telephone company or commercial mobile radio service
345	provider shall not be liable for damages to any person resulting
346	from or in connection with such telephone company's or
347	commercial mobile radio service provider's provision of any
348	lawful assistance to any investigative or law enforcement
349	officer of the State of Florida or political subdivisions
350	thereof, of the United States, or of any other state or
351	political subdivision thereof, in connection with any lawful
352	investigation or other law enforcement activity by such law
353	enforcement officer unless the telephone company or commercial
354	mobile radio service provider acted in a wanton and willful
355	manner.
356	(16)  FALSE "911" CALLS.--Whoever accesses the number "911"
357	for the purpose of making a false alarm or complaint or
358	reporting false information which could result in the emergency
359	response of any public safety agency is guilty of a misdemeanor
360	of the first degree, punishable as provided in s. 775.082 or s.
361	775.083.
362	Section 2.  Section 365.172, Florida Statutes, is amended
363	to read:
364	365.172  Wireless Emergency communications telephone number
365	"E911."--
366	(1)  SHORT TITLE.--This section may be cited as the
367	"Wireless Emergency Communications Number E911 Act."
368	(2)  FINDINGS, PURPOSE, AND LEGISLATIVE INTENT.--The
369	Legislature finds and declares that:
370	(a)  The mobile nature of wireless communications service
371	creates complexities for providing 911 emergency services.
372	(b)  Wireless telephone service providers are required by
373	the Federal Communications Commission to provide wireless
374	enhanced 911 (E911) service in the form of automatic location
375	identification and automatic number identification pursuant to
376	the terms and conditions set forth in an order issued by the
377	Federal Communications Commission.
378	(c)  Wireless telephone service providers and counties that
379	operate 911 and E911 systems require adequate funding to recover
380	the costs of designing, purchasing, installing, testing, and
381	operating enhanced facilities, systems, and services necessary
382	to comply with the requirements for E911 services mandated by
383	the Federal Communications Commission and to maximize the
384	availability of E911 services throughout this state.
385	(d)  The revenues generated by the E911 fee imposed under
386	this section are required to fund the efforts of the counties,
387	the Wireless 911 Board under the State Technology Office, and
388	commercial mobile radio service providers to improve the public
389	health, safety, and welfare and serve a public purpose by
390	providing emergency telephone assistance through wireless
391	communications.
392	(e)  It is necessary and beneficial to levy a fee on
393	wireless services and to create the Wireless 911 Board to
394	administer fee proceeds as provided in this section.
395	(a)(f)  It is the intent of the Legislature to:
396	1.  Establish and implement a comprehensive statewide
397	emergency communications telephone number system that will
398	provide voice communications services users within the state
399	wireless telephone users with rapid direct access to public
400	safety agencies by accessing dialing the telephone number "911."
401	2.  Provide funds to counties local governments to pay
402	certain costs associated with their the cost of installing and
403	operating wireless 911 or E911 systems and contracting for E911
404	services and to reimburse wireless telephone service providers
405	for costs incurred to provide 911 or E911 enhanced 911 services.
406	3.  Levy a reasonable fee on voice communications services
407	users, unless otherwise provided in this section, subscribers of
408	wireless telephone service to accomplish these purposes.
409	4.  Provide for an E911 Board to administer the fee, with
410	oversight by the office, in a manner that is competitively and
411	technologically neutral as to all voice communications services
412	providers.
413	5.  Ensure that the fee established is used exclusively for
414	recovery by wireless providers and for counties of the costs
415	associated with developing and maintaining E911 systems and
416	networks in a manner that is competitively and technologically
417	neutral as to all voice communications services providers.
418	(b)  It is further the intent of the Legislature that the
419	fee authorized or imposed by this section will not necessarily
420	provide the total funding required for establishing or providing
421	E911 service.
422	(3)  DEFINITIONS.--Only as used in this section and ss.
423	365.171, 365.173, and 365.174, the term:
424	(a)  "Active prepaid wireless telephone" means a prepaid
425	wireless telephone that has been used by the customer during the
426	month to complete a telephone call for which the customer's card
427	or balance was decremented.
428	(a)(b)  "Answering point" means the public safety agency
429	that receives incoming 911 calls and dispatches appropriate
430	public safety agencies to respond to the calls.
431	(b)  "Authorized expenditures" means expenditures of the
432	fee as specified in subsection (9).
433	(c)  "Automatic location identification" means the
434	capability of the E911 service which enables the automatic
435	display of information that defines the approximate geographic
436	location of the wireless telephone or the address location of
437	the wireline telephone used to place a 911 call.
438	(d)  "Automatic number identification" means the capability
439	of the E911 service which enables the automatic display of the
440	10-digit service number used to place a 911 call.
441	(e)  "Board" or "E911 Board" means the board of directors
442	of the E911 Wireless 911 Board established in subsection (5).
443	(f)  "Building permit review" means a review for compliance
444	with building construction standards adopted by the local
445	government under chapter 553 and does not include a review for
446	compliance with land development regulations.
447	(g)  "Collocation" means the situation when a second or
448	subsequent wireless provider uses an existing structure to
449	locate a second or subsequent antennae. The term includes the
450	ground, platform, or roof installation of equipment enclosures,
451	cabinets, or buildings, and cables, brackets, and other
452	equipment associated with the location and operation of the
453	antennae.
454	(h)  "Designed service" means the configuration and manner
455	of deployment of service the wireless provider has designed for
456	an area as part of its network.
457	(i)  "E911" is the designation for an a wireless enhanced
458	911 system or wireless enhanced 911 service that is an emergency
459	telephone system or service that provides a subscriber with
460	wireless 911 service and, in addition, directs 911 calls to
461	appropriate public safety answering points by selective routing
462	based on the geographical location from which the call
463	originated, or as otherwise provided in the state plan under s.
464	365.171, and that provides for automatic number identification
465	and automatic location-identification features in accordance
466	with the requirements of the order. E911 service provided by a
467	wireless provider means E911 as defined in the order.
468	(j)  "Existing structure" means a structure that exists at
469	the time an application for permission to place antennae on a
470	structure is filed with a local government. The term includes
471	any structure that can structurally support the attachment of
472	antennae in compliance with applicable codes.
473	(k)  "Fee" means the E911 fee authorized and imposed under
474	subsection (8).
475	(l)  "Fund" means the Wireless Emergency Communications
476	Number E911 Telephone System Fund established in s. 365.173 and
477	maintained under this section for the purpose of recovering the
478	costs associated with providing 911 service or E911 service,
479	including the costs of implementing the order. The fund shall be
480	segregated into the wireless and nonwireless categories.
481	(m)  "Historic building, structure, site, object, or
482	district" means any building, structure, site, object, or
483	district that has been officially designated as a historic
484	building, historic structure, historic site, historic object, or
485	historic district through a federal, state, or local designation
486	program.
487	(n)  "Land development regulations" means any ordinance
488	enacted by a local government for the regulation of any aspect
489	of development, including an ordinance governing zoning,
490	subdivisions, landscaping, tree protection, or signs, the local
491	government's comprehensive plan, or any other ordinance
492	concerning any aspect of the development of land. The term does
493	not include any building construction standard adopted under and
494	in compliance with chapter 553.
495	(o)  "Local exchange carrier" means a "competitive local
496	exchange telecommunications company" or a "local exchange
497	telecommunications company" as defined in s. 364.02.
498	(p)  "Local government" means any municipality, county, or
499	political subdivision or agency of a municipality, county, or
500	political subdivision.
501	(q)  "Medium county" means any county that has a population
502	of 75,000 or more but less than 750,000.
503	(q)(r)  "Mobile telephone number" or "MTN" means the
504	telephone number assigned to a wireless telephone at the time of
505	initial activation.
506	(r)  "Nonwireless category" means the revenues of the fund
507	received from voice communications services providers other than
508	wireless providers.
509	(s)  "Office" means the Florida Enterprise Information
510	Technology Services Office or other office within the Department
511	of Management Services, as designated by the Secretary of
512	Management Services State Technology Office.
513	(t)  "Order" means:
514	1.  The following orders and rules of the Federal
515	Communications Commission issued in FCC Docket No. 94-102:
516	a.  Order adopted on June 12, 1996, with an effective date
517	of October 1, 1996, the amendments to s. 20.03 and the creation
518	of s. 20.18 of Title 47 of the Code of Federal Regulations
519	adopted by the Federal Communications Commission pursuant to
520	such order.
521	b.  Memorandum and Order No. FCC 97-402 adopted on December
522	23, 1997.
523	c.  Order No. FCC DA 98-2323 adopted on November 13, 1998.
524	d.  Order No. FCC 98-345 adopted December 31, 1998.
525	2.  Orders and rules subsequently adopted by the Federal
526	Communications Commission relating to the provision of wireless
527	911 or E911 services, including Order No. FCC 05-116 adopted May
528	19, 2005.
529	(u)  "Prepaid calling arrangements wireless telephone
530	service" has the same meaning as defined in s.
531	212.05(1)(e)1.a.(I) means wireless telephone service that is
532	activated in advance by payment for a finite dollar amount of
533	service or for a finite set of minutes that terminate either
534	upon use by a customer and delivery by the wireless provider of
535	an agreed-upon amount of service corresponding to the total
536	dollar amount paid in advance or within a certain period of time
537	following the initial purchase or activation, unless additional
538	payments are made.
539	(v)  "Provider" or "wireless provider" means a person or
540	entity who provides service and either:
541	1.  Is subject to the requirements of the order; or
542	2.  Elects to provide wireless 911 service or E911 service
543	in this state.
544	(v)(w)  "Public agency" means the state and any
545	municipality, county, municipal corporation, or other
546	governmental entity, public district, or public authority
547	located in whole or in part within this state which provides, or
548	has authority to provide, firefighting, law enforcement,
549	ambulance, medical, or other emergency services.
550	(w)(x)  "Public safety agency" means a functional division
551	of a public agency which provides firefighting, law enforcement,
552	medical, or other emergency services.
553	(x)(y)  "Rural county" means any county that has a
554	population of fewer than 75,000.
555	(y)  "Service identifier" means the service number, access
556	line, or other unique subscriber identifier assigned to a
557	subscriber and established by the Federal Communications
558	Commission for purposes of routing calls, whereby the subscriber
559	has access to the E911 system.
560	(z)  "Tower" means any structure designed primarily to
561	support a wireless provider's antennae.
562	(aa)  "Voice communications services" means two-way voice
563	service, through the use of any technology, that actually
564	provides access to E911 services, and includes communications
565	services, as defined in s. 202.11, which actually provide access
566	to E911 services and which are required to be included in the
567	provision of E911 services pursuant to orders and rules adopted
568	by the Federal Communications Commission. The term includes
569	voice-over-Internet-protocol service. For the purposes of this
570	section, "Voice-over-Internet-protocol service" or "VoIP
571	service" means interconnected VoIP services bearing the
572	following characteristics:
573	1.  The service enables real-time, two-way voice
574	communications;
575	2.  The service requires a broadband connection from the
576	user's location;
577	3.  The service requires IP-compatible customer premises
578	equipment; and
579	4.  The service offering permits users generally to receive
580	calls that originate on the public switched telephone network
581	and to terminate calls on the public switched telephone network.
582	(bb)  "Voice communications services provider" or
583	"provider" means any person or entity providing voice
584	communications services, except that the term shall not include
585	any person or entity that resells voice communications service
586	and was assessed the fee by its resale supplier.
587	(cc)  "Wireless 911 system" or "wireless 911 service" means
588	an emergency telephone system or service that provides a
589	subscriber with the ability to reach an answering point by
590	accessing the digits "911."
591	(dd)  "Wireless category" means the revenues to the fund
592	received from wireless providers.
593	(ee)  "Wireless communications facility" means any
594	equipment or facility used to provide wireless service and may
595	include, but is not limited to, antennae, towers, equipment
596	enclosures, cabling, antenna brackets, and other such equipment.
597	Placing a wireless communications facility on an existing
598	structure does not cause the existing structure to become a
599	wireless communications facility.
600	(ff)  "Wireless provider" means a person or entity who
601	provides wireless service and either:
602	1.  Is subject to the requirements of the order; or
603	2.  Elects to provide wireless 911 service or E911 service
604	in this state.
605	(gg)(z)  "Wireless service" means "commercial mobile radio
606	service" as provided under ss. 3(27) and 332(d) of the Federal
607	Telecommunications Act of 1996, 47 U.S.C., ss. 151 et seq., and
608	the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-
609	66, August 10, 1993, 107 Stat. 312. The term "service" includes
610	the term "wireless" and service provided by any wireless real-
611	time two-way wire communication device, including radio-
612	telephone communications used in cellular telephone service;
613	personal communications service; or the functional or
614	competitive equivalent of a radio-telephone communications line
615	used in cellular telephone service, a personal communications
616	service, or a network radio access line. The term does not
617	include wireless providers that offer mainly dispatch service in
618	a more localized, noncellular configuration; providers offering
619	only data, one-way, or stored-voice services on an
620	interconnected basis; providers of air-to-ground services; or
621	public coast stations.
622	(aa)  "Service number" means the unique 10-digit wireless
623	telephone number assigned to a service subscriber.
624	(bb)  "Sufficient positive balance" means a dollar amount
625	greater than or equal to the monthly wireless surcharge amount.
626	(cc)  "Tower" means any structure designed primarily to
627	support a wireless provider's antennae.
628	(dd)  "Wireless communications facility" means any
629	equipment or facility used to provide service and may include,
630	but is not limited to, antennae, towers, equipment enclosures,
631	cabling, antenna brackets, and other such equipment. Placing a
632	wireless communications facility on an existing structure does
633	not cause the existing structure to become a wireless
634	communications facility.
635	(ee)  "Wireless 911 system" or "wireless 911 service" means
636	an emergency telephone system or service that provides a
637	subscriber with the ability to reach an answering point by
638	dialing the digits "911." A wireless 911 system is complementary
639	to a wired 911 system as provided for in s. 365.171.
640	(4)  POWERS AND DUTIES OF THE OFFICE.--The office shall
641	oversee the administration of the fee authorized and imposed on
642	subscribers of voice communications services statewide E911
643	service under subsection (8).
644	(5)  THE E911 WIRELESS 911 BOARD.--
645	(a)  The E911 Wireless 911 Board is established to
646	administer, with oversight by the office, the fee imposed under
647	subsection (8), including receiving revenues derived from the
648	fee; distributing portions of such revenues to wireless
649	providers, counties, and the office; accounting for receipts,
650	distributions, and income derived by the funds maintained in the
651	fund; and providing annual reports to the Governor and the
652	Legislature for submission by the office on amounts collected
653	and expended, the purposes for which expenditures have been
654	made, and the status of wireless E911 service in this state. In
655	order to advise and assist the office in carrying out the
656	purposes of this section, the board, which shall have the power
657	of a body corporate, shall have the powers enumerated in
658	subsection (6).
659	(b)  The board shall consist of nine seven members, one of
660	whom must be the system director designated under s. 365.171(5),
661	or his or her designee, who shall serve as the chair of the
662	board. The remaining eight six members of the board shall be
663	appointed by the Governor and must be composed of four three
664	county 911 coordinators, consisting of a rural, medium, and
665	large county representative and an at-large representative,
666	recommended by the Florida Association of Counties in
667	consultation with the county 911 coordinators, and two local
668	exchange carrier members, one of which shall be the local
669	exchange carrier with the greatest number of access lines in the
670	state, and two three members from the wireless
671	telecommunications industry recommended by the Florida
672	Telecommunications Industry Association in consultation with the
673	wireless telecommunications industry. In recommending members
674	from the wireless telecommunications industry, consideration
675	shall be given to wireless providers who are not affiliated with
676	local exchange carriers. Not more than one member may be
677	appointed to represent any single provider on the board.
678	(c)  The system director designated under s. 365.171(5), or
679	his or her designee, must be a permanent member of the board.
680	Each of the remaining eight six members of the board shall be
681	appointed to a 4-year term and may not be appointed to more than
682	two successive terms. However, for the purpose of staggering
683	terms, two of the original board members shall be appointed to
684	terms of 4 years, two shall be appointed to terms of 3 years,
685	and four two shall be appointed to terms of 2 years, as
686	designated by the Governor. A vacancy on the board shall be
687	filled in the same manner as the original appointment.
688	(d)  The first vacancy in a wireless provider
689	representative position occurring after July 1, 2007, shall be
690	filled by appointment of a local exchange company
691	representative. Until such an appointment is made, there shall
692	be only one local exchange company representative serving on the
693	board, notwithstanding any other provision to the contrary.
694	(6)  AUTHORITY OF THE BOARD; ANNUAL REPORT.--
695	(a)  The board shall:
696	1.  Administer the E911 fee.
697	2.  Implement, maintain, and oversee the fund.
698	3.  Review and oversee the disbursement of the revenues
699	deposited into the fund as provided in s. 365.173.
700	a.  The board may establish a schedule for implementing
701	wireless E911 service by service area, and prioritize
702	disbursements of revenues from the fund to providers and rural
703	counties as provided in s. 365.173(2)(d)(b) and (g) (c) pursuant
704	to the schedule, in order to implement E911 services in the most
705	efficient and cost-effective manner.
706	b.  Revenues in the wireless category collected and
707	deposited into the fund for distribution as provided in s.
708	365.173(2)(b), but which have not been disbursed because sworn
709	invoices as required by s. 365.173(2)(d)(b) have not been
710	submitted to the board, may be utilized by the board as needed
711	to provide grants to rural counties and loans to medium counties
712	that are not eligible to receive grants pursuant to s.
713	365.173(2)(g), for the purpose of upgrading E911 systems. The
714	counties shall use such funds only for capital expenditures
715	directly attributable to the establishment or provision of E911
716	service, which may include next generation deployment. Grants
717	provided to rural counties would be in addition to disbursements
718	provided under s. 365.173(2)(c). Loans provided to medium
719	counties shall be based on county hardship criteria as
720	determined and approved by the board. Revenues utilized for this
721	purpose shall be fully repaid to the fund in a manner and under
722	a timeframe as determined and approved by the board. The board
723	shall take all actions within its authority to ensure that
724	county recipients of such grants and loans utilize these funds
725	only for the purpose under which they have been provided and may
726	take any actions within its authority to secure county repayment
727	of grant and loan revenues upon determination that the funds
728	were not utilized for the purpose under which they were
729	provided.
730	c.  The board shall reimburse all wireless provider costs
731	before taking any action to transfer additional funds.
732	d.  After taking the action required in this subparagraph,
733	the board may review and, with all members participating in the
734	vote, adjust the percentage allocations or adjust the amount of
735	the fee, or both, pursuant to paragraph (8)(h) and, in the event
736	the board determines that the revenues in the wireless category
737	exceed the amount needed to reimburse wireless providers for
738	costs to implement E911 services, the board may authorize the
739	transfer to the counties of funds from the existing funds within
740	the wireless category. The board shall disburse the funds
741	equitably to all counties pursuant to a timeframe and
742	distribution methodology as established by the board.
743	e.  By no later than September 1, 2007, the board shall
744	authorize the transfer of up to $15 million to the county
745	category of the fund from existing funds within the wireless
746	category of the fund, established pursuant to s. 365.173(1). The
747	funds shall then be disbursed equitably to all of the counties,
748	pursuant to a timeframe and distribution methodology as
749	established by the board prior to September 1, 2007, in order to
750	prevent a loss to the counties in the ordinary and expected time
751	value of money caused by any timing delay in remittance to the
752	counties of wireline fees caused by the one-time transition of
753	wireline collection of fees from the counties to the board. All
754	funds used from the carryforward shall be returned to the fund
755	from the actual remittance by the nonwireless category.
756	4.  Review documentation submitted by wireless providers
757	which reflects current and projected funds derived from the E911
758	fee, and the expenses incurred and expected to be incurred, in
759	order to comply with the E911 service requirements contained in
760	the order for the purposes of:
761	a.  Ensuring that wireless providers receive fair and
762	equitable distributions of funds from the fund.
763	b.  Ensuring that wireless providers are not provided
764	disbursements from the fund which exceed the costs of providing
765	E911 service, including the costs of complying with the order.
766	c.  Ascertaining the projected costs of compliance with the
767	requirements of the order and projected collections of the E911
768	fee.
769	d.  Implementing changes to the allocation percentages or
770	adjusting reducing the E911 fee under paragraph (8)(i)(c).
771	5.  Meet monthly in the most efficient and cost-effective
772	manner, including telephonically where practical for the
773	business to be conducted, to review and approve or reject, in
774	whole or in part, applications submitted by wireless providers
775	for recovery of moneys deposited into the wireless category, and
776	to authorize the transfer of, and distribute, the fee allocation
777	to the counties fund.
778	6.  Hire and retain employees, which may include an
779	independent executive director who shall possess experience in
780	the area of telecommunications and emergency E911 911 issues,
781	for the purposes of performing the technical and administrative
782	functions for the board.
783	7.  Make and enter into contracts, pursuant to chapter 287,
784	and execute other instruments necessary or convenient for the
785	exercise of the powers and functions of the board.
786	8.  Take all necessary and reasonable steps by July 1,
787	2000, to secure appropriate information and reports from
788	providers and otherwise perform all of the functions that would
789	be performed by an independent accounting firm prior to
790	completing the request-for-proposals process under subsection
791	(7).
792	8.9.  Sue and be sued, and appear and defend in all actions
793	and proceedings, in its corporate name to the same extent as a
794	natural person.
795	9.10.  Adopt, use, and alter a common corporate seal.
796	10.11.  Elect or appoint the officers and agents that are
797	required by the affairs of the board.
798	11.12.  The board may adopt rules under ss. 120.536(1) and
799	120.54 to implement this section and ss. 365.173 and 365.174.
800	12.13.  Provide coordination, support, and technical
801	assistance to counties to promote the deployment of advanced 911
802	and E911 systems in the state.
803	13.14.  Provide coordination and support for educational
804	opportunities related to E911 911 issues for the E911 911
805	community in this state.
806	14.15.  Act as an advocate for issues related to E911 911
807	system functions, features, and operations to improve the
808	delivery of E911 911 services to the residents of and visitors
809	to this state.
810	15.16.  Coordinate input from this state at national forums
811	and associations, to ensure that policies related to E911 911
812	systems and services are consistent with the policies of the
813	E911 911 community in this state.
814	16.17.  Work cooperatively with the system director
815	established in s. 365.171(5) to enhance the state of E911 911
816	services in this state and to provide unified leadership for all
817	E911 911 issues through planning and coordination.
818	17.18.  Do all acts and things necessary or convenient to
819	carry out the powers granted in this section in a manner that is
820	competitively and technologically neutral as to all voice
821	communications services providers, including but not limited to,
822	consideration of emerging technology and related cost savings,
823	while taking into account embedded costs in current systems.
824	18.19.  Have the authority to secure the services of an
825	independent, private attorney via invitation to bid, request for
826	proposals, invitation to negotiate, or professional contracts
827	for legal services already established at the Division of
828	Purchasing of the Department of Management Services.
829	(b)  Board members shall serve without compensation;
830	however, members are entitled to per diem and travel expenses as
831	provided in s. 112.061.
832	(c)  By February 28 of each year, the board shall prepare a
833	report for submission by the office to the Governor, the
834	President of the Senate, and the Speaker of the House of
835	Representatives which reflects, for the immediately preceding
836	calendar year, the quarterly and annual receipts and
837	disbursements of moneys in the fund, the purposes for which
838	disbursements of moneys from the fund have been made, and the
839	availability and status of implementation of E911 service in
840	this state.
841	(d)  By February 28, 2001, the board shall undertake and
842	complete a study for submission by the office to the Governor,
843	the President of the Senate, and the Speaker of the House of
844	Representatives which addresses, for the immediately preceding
845	calendar year:
846	1.  The annual receipts, including the total amount of E911
847	fee revenues collected by each provider, the total disbursements
848	of moneys in the fund, including the amount of fund-reimbursed
849	expenses incurred by each wireless provider to comply with the
850	order, and the amount of moneys on deposit in the fund, all as
851	of December 1, 2000.
852	2.  Whether the amount of the E911 fee and the allocation
853	percentages set forth in s. 365.173 have been or should be
854	adjusted to comply with the requirements of the order and other
855	provisions of this chapter, and the reasons for making or
856	refraining from making, if so, a recommended adjustment to the
857	E911 fee.
858	3.  Any other issues related to providing wireless E911
859	services.
860	4.  The status of E911 services in this state.
861	(7)  REQUEST FOR PROPOSALS FOR INDEPENDENT ACCOUNTING
862	FIRM.--
863	(a)  The board shall issue a request for proposals as
864	provided in chapter 287 for the purpose of retaining an
865	independent accounting firm. The independent accounting firm
866	shall perform all material administrative and accounting tasks
867	and functions required for administering the E911 fee. The
868	request for proposals must include, but need not be limited to:
869	1.  A description of the scope and general requirements of
870	the services requested.
871	2.  A description of the specific accounting and reporting
872	services required for administering the fund, including
873	processing checks and distributing funds as directed by the
874	board under s. 365.173.
875	3.  A description of information to be provided by the
876	proposer, including the proposer's background and qualifications
877	and the proposed cost of the services to be provided.
878	(b)  The board shall establish a committee to review
879	requests for proposals which must include the statewide E911 911
880	system director designated under s. 365.171(5), or his or her
881	designee, and two members of the board, one of whom is a county
882	911 coordinator and one of whom represents a voice
883	communications services provider the wireless telecommunications
884	industry. The review committee shall review the proposals
885	received by the board and recommend an independent accounting
886	firm to the board for final selection. By agreeing to serve on
887	the review committee, each member of the review committee shall
888	verify that he or she does not have any interest or employment,
889	directly or indirectly, with potential proposers which conflicts
890	in any manner or degree with his or her performance on the
891	committee.
892	(c)  After July 1, 2004, the board may secure the services
893	of an independent accounting firm via invitation to bid, request
894	for proposals, invitation to negotiate, or professional
895	contracts already established at the Division of Purchasing,
896	Department of Management Services, for certified public
897	accounting firms, or the board may hire and retain professional
898	accounting staff to accomplish these functions.
899	(8)  WIRELESS E911 FEE.--
900	(a)  Each voice communications services home service
901	provider shall collect the fee as described in this subsection a
902	monthly fee imposed on each customer whose place of primary use
903	is within this state. Each provider, as part of its monthly
904	billing process, shall bill the fee as follows. The fee shall
905	not be assessed on any pay telephone in the state.
906	1.  Each local exchange carrier shall bill the fee to the
907	local exchange subscribers on a service identifier basis, up to
908	a maximum of 25 access lines per account bill rendered.
909	2.  Except in the case of prepaid wireless service, each
910	wireless provider shall bill the fee to the subscribers on a
911	per-service-identifier basis for service identifiers whose
912	primary place of use is within this state. Prior to July 1,
913	2009, the fee shall not be assessed on or collected from a
914	provider with respect to an end user's service if that end
915	user's service is a prepaid calling arrangement that is subject
916	to the provisions of s. 212.05(1)(e).
917	a.  The board shall conduct a study to determine the
918	feasibility of collecting E911 fees on the sale of prepaid
919	wireless services. If, based on the findings of the study, the
920	board determines that the prohibition contained in this
921	subparagraph should be extended, it shall report its findings
922	and recommendation to the Governor, the President of the Senate,
923	and the Speaker of the House of Representatives by December 31,
924	2008. If the board determines the prohibition should not be
925	extended, it shall implement the recommendation of the study
926	effective July 1, 2009.
927	b.  For purposes of this section, "prepaid wireless
928	service" means the right to access telecommunications services,
929	which must be paid for in advance and which enables the
930	origination of calls, that are sold in predetermined units or
931	dollars of which the number declines with use in a known amount.
932	For purposes of this section, "prepaid wireless service
933	providers" shall include those entities that sell prepaid
934	wireless service regardless of its form, either as a retailer or
935	reseller.
936	c.  The study shall include an evaluation of methods by
937	which E911 fees may be collected from end users and purchasers
938	of prepaid wireless services on an equitable, efficient,
939	competitively neutral and nondiscriminatory basis and shall
940	consider whether the collection of fees on prepaid wireless
941	services would constitute an efficient use of public funds,
942	given the technological and practical considerations of
943	collecting the fee based on the varying methodologies prepaid
944	wireless service providers and their agents utilize in marketing
945	prepaid wireless service.
946	d.  The study shall include a review and evaluation of the
947	collection of E911 fees on prepaid wireless services at the
948	point of sale within the state. This evaluation must be
949	consistent with the collection principles of end user charges
950	such as those in s. 212.05(1)(e).
951	e.  Not later than 90 days after the effective date of this
952	act, the board shall require all prepaid wireless service
953	providers, including resellers, to provide to the board the
954	information that the board determines is necessary to discharge
955	its duties under this section, including information such as
956	total retail and reseller prepaid wireless service sales,
957	necessary for its recommendations.
958	f.  All subscriber information provided by a prepaid
959	wireless service provider in response to a request from the
960	board while conducting this study is subject to the provisions
961	of s. 365.174.
962	g.  The study shall be conducted by an entity competent and
963	knowledgeable in matters of state taxation policy if the board
964	does not possess that expertise. Any study shall be paid for
965	from the moneys distributed to the board for administrative
966	purposes pursuant to s. 365.173(2)(f) and shall not exceed
967	$250,000 in cost.
968	3.  All voice communications services providers not
969	addressed under subparagraphs 1. and 2. shall bill the fee on a
970	per-service-identifier basis for service identifiers whose
971	primary place of use is within the state, up to a maximum of 25
972	service identifiers per account bill rendered.
973
974	The provider may list the fee as a separate entry on each bill,
975	in which case the fee must be identified as a fee for E911
976	services. A provider is required to remit the fee to the board
977	only if the fee is paid by the subscriber. If a provider
978	receives a partial payment for a monthly bill from a subscriber,
979	the amount received shall first be applied to the payment due
980	the provider for the provision of voice communications service.
981	(b)  A provider is not obligated to take any legal action
982	to enforce collection of the fees for which any subscriber is
983	billed. A county subscribing to 911 service shall remain liable
984	to the provider providing to the county any 911 service or
985	equipment for any 911 service, equipment, operation, or
986	maintenance charge owed by the county to the provider.
987	(c)  For purposes of this section, the state and local
988	governments are not subscribers customers.
989	(d)  Each provider may retain 1 percent of the amount of
990	the fees collected as reimbursement for the administrative costs
991	incurred by the provider to bill, collect, and remit the fee.
992	The remainder shall be delivered to the board and deposited by
993	the board into the fund. The board shall distribute the
994	remainder pursuant to s. 365.173.
995	(e)  Effective September 1, 2007, voice communications
996	services providers billing the fee to subscribers shall begin
997	to, and thereafter shall, deliver revenues from the fee to the
998	board within 60 days after the end of the month in which the fee
999	was billed, together with a monthly report of the number of
1000	service identifiers in each county. Each wireless provider and
1001	other applicable provider identified in subparagraph (a)3. shall
1002	report the number of service identifiers for subscribers whose
1003	place of primary use is in each county. All provider subscriber
1004	information provided to the board is subject to the provisions
1005	of s. 365.174. If a provider chooses to remit any fee amounts to
1006	the board before they are paid by the subscribers, a provider
1007	may apply to the board for a refund of, or may take a credit
1008	for, any such fees remitted to the board which are not collected
1009	by the provider within 6 months following the month in which the
1010	fees are charged off for federal income tax purposes as bad
1011	debt.
1012	(f)  The rate of the fee shall be set by the board
1013	considering the factors identified in paragraphs (h) and (i) but
1014	shall not exceed 50 cents per month per each service identifier
1015	number, beginning August 1, 1999. The fee shall apply uniformly
1016	and be imposed throughout the state, except for those counties
1017	that, prior to July 1, 2007, have adopted an ordinance or
1018	resolution establishing a fee less than 50 cents per month per
1019	access line. In those counties, the ordinance-established fee
1020	may be changed only to the uniform statewide rate no sooner than
1021	30 days after notification is made by the county's board of
1022	county commissioners to the board.
1023	(g)(b)  It is the intent of the Legislature that all
1024	revenue from the fee be used as specified in s. 365.173(2)(a)-
1025	(f). The fee is established to ensure full recovery for
1026	providers and for counties, over a reasonable period, of the
1027	costs associated with developing and maintaining an E911 system
1028	on a technologically and competitively neutral basis.
1029	(h)  No later than November 1, 2007, the board may adjust
1030	the allocation percentages for distribution of the fund as
1031	provided in s. 365.173. In setting the percentages and in
1032	considering any adjustments to the fee, the board shall consider
1033	the following:
1034	1.  The revenues currently allocated for wireless service
1035	provider costs for implementing E911 service and projected costs
1036	for implementing E911 service, including recurring costs for
1037	Phase I and Phase II and the impact of new technologies;
1038	2.  The appropriate level of funding needed to fund the
1039	rural grant program provided for in s. 365.173(2)(g); and
1040	3.  The need to fund statewide, regional, and county
1041	programs or initiatives to assist counties not eligible to
1042	receive funds pursuant to s. 365.173(2)(g) with systems that
1043	would reduce their overall costs.
1044	(i)(c)  After July 1, 2001, The board may adjust the
1045	allocation percentages provided in s. 365.173 or adjust reduce
1046	the amount of the fee, or both, if necessary to ensure full cost
1047	recovery or prevent overrecovery of costs incurred in the
1048	provision of E911 service, including costs incurred or projected
1049	to be incurred to comply with the order. Any new allocation
1050	percentages or reduced or increased fee may not be adjusted for
1051	1 year. The fee may not exceed 50 cents per month per each
1052	service identifier number. The board-established fee, and any
1053	board adjustment of the fee, shall be uniform throughout the
1054	state, except for the counties identified in paragraph (f). No
1055	less than 90 days prior to the effective date of any adjustment
1056	to the fee, the board shall provide written notice of the
1057	adjusted fee amount and effective date to each voice
1058	communications services provider from which the board is then
1059	receiving the fee.
1060	(j)(d)  State and local taxes do not apply to the fee.
1061	(k)(e)  A local government may not levy the fee or any
1062	additional fee on wireless providers or subscribers for the
1063	provision of E911 service.
1064	(l)  For purposes of this section, the definitions
1065	contained in s. 202.11 and the provisions of s. 202.155 apply in
1066	the same manner and to the same extent as such definitions and
1067	provisions apply to the taxes levied pursuant to chapter 202 on
1068	mobile communications services.
1069	(9)  AUTHORIZED EXPENDITURES OF E911 FEE.--For purposes of
1070	this section, E911 service includes the functions of database
1071	management, call taking, location verification, and call
1072	transfer. The following costs directly attributable to the
1073	establishment or provision of E911 service and contracting for
1074	E911 services are eligible for expenditure of moneys derived
1075	from imposition of the fee authorized by this section: the
1076	acquisition, implementation, and maintenance of Public Safety
1077	Answering Point (PSAP) equipment and E911 service features, as
1078	defined in the Florida Public Service Commission's lawfully
1079	approved 911 and E911 and related tariffs or the acquisition,
1080	installation, and maintenance of other E911 equipment, including
1081	call answering equipment, call transfer equipment, ANI
1082	controllers, ALI controllers, ANI displays, ALI displays,
1083	station instruments, E911 telecommunications systems, visual
1084	call information and storage devices, recording equipment,
1085	telephone devices and other equipment for the hearing impaired
1086	used in the E911 system, PSAP backup power systems, consoles,
1087	automatic call distributors, interfaces (hardware and software)
1088	for computer-aided dispatch (CAD) systems, integrated computer-
1089	aided dispatch systems for that portion of the systems used for
1090	E911 call taking, and network clocks; salary and associated
1091	expenses for E911 call takers for that portion of their time
1092	spent taking and transferring E911 calls; salary and associated
1093	expenses for a county to employ a full-time equivalent E911
1094	coordinator position and a full-time equivalent mapping or
1095	geographical data position and a staff assistant position per
1096	county for the portion of their time spent administrating the
1097	E911 system; training costs for PSAP call takers, supervisors,
1098	and managers in the proper methods and techniques used in taking
1099	and transferring E911 calls; costs to train and educate PSAP
1100	employees regarding E911 service or E911 equipment; and expenses
1101	required to develop and maintain all information (ALI and ANI
1102	databases and other information source repositories) necessary
1103	to properly inform call takers as to location address, type of
1104	emergency, and other information directly relevant to the E911
1105	call-taking and transferring function. Moneys derived from the
1106	imposition of the fee may also be used for next generation E911
1107	network services, next generation E911 database services, next
1108	generation E911 equipment, and wireless E911 routing systems.
1109	The fee revenues shall not be used to pay for any item not
1110	listed, including, but not limited to, any capital or
1111	operational costs for emergency responses which occur after the
1112	call transfer to the responding public safety entity and the
1113	costs for constructing buildings, leasing buildings, maintaining
1114	buildings, or renovating buildings, except for those building
1115	modifications necessary to maintain the security and
1116	environmental integrity of the PSAP and E911 equipment rooms.
1117	(10)  LIABILITY OF COUNTIES.--The county subscribing to 911
1118	service shall remain liable to the local exchange carrier for
1119	any 911 service, equipment, operation, or maintenance charge
1120	owed by the county to the local exchange carrier. As used in
1121	this subsection, "local exchange carrier" means a local exchange
1122	telecommunications service provider of 911 service or equipment
1123	to any county within its certificated area.
1124	(9)  MANAGEMENT OF FUNDS.--
1125	(a)  Each provider, as a part of its monthly billing
1126	process, shall collect the fee imposed under subsection (8). The
1127	provider may list the fee as a separate entry on each bill, in
1128	which case the fee must be identified as a fee for E911
1129	services. A provider shall remit the fee only if the fee is paid
1130	by the subscriber. If a provider receives a partial payment for
1131	a monthly bill from a subscriber, the amount received shall
1132	first be applied to the payment due the provider for the
1133	provision of telecommunications service.
1134	(b)  In the case of prepaid wireless telephone service, the
1135	monthly wireless 911 surcharge imposed by subsection (8) shall
1136	be remitted based upon each prepaid wireless telephone
1137	associated with this state, for each wireless service customer
1138	that has a sufficient positive balance as of the last day of
1139	each month. The surcharge shall be remitted in any manner
1140	consistent with the wireless provider's existing operating or
1141	technological abilities, such as customer address, location
1142	associated with the MTN, or reasonable allocation method based
1143	upon other comparable relevant data. The surcharge amount or an
1144	equivalent number of minutes may be reduced from the prepaid
1145	subscriber's account since a direct billing may not be possible.
1146	However, collection of the wireless 911 surcharge in the manner
1147	of a reduction of value or minutes from the prepaid subscriber's
1148	account does not constitute a reduction in the sales price for
1149	purposes of taxes that are collected at the point of sale.
1150	(c)  A provider is not obligated to take any legal action
1151	to enforce collection of the fees for which any subscriber is
1152	billed. The provider shall provide to the board each quarter a
1153	list of the names, addresses, and service numbers of all
1154	subscribers who have indicated to the provider their refusal to
1155	pay the fee.
1156	(d)  Each provider may retain 1 percent of the amount of
1157	the fees collected as reimbursement for the administrative costs
1158	incurred by the provider to bill, collect, and remit the fee.
1159	The remainder shall be delivered to the board and deposited in
1160	the fund. The board shall distribute the remainder pursuant to
1161	s. 365.173.
1162	(e)  Each provider shall deliver revenues from the fee to
1163	the board within 60 days after the end of the month in which the
1164	fee was billed, together with a monthly report of the number of
1165	wireless customers whose place of primary use is in each county.
1166	A provider may apply to the board for a refund of, or may take a
1167	credit for, any fees remitted to the board which are not
1168	collected by the provider within 6 months following the month in
1169	which the fees are charged off for federal income tax purposes
1170	as bad debt. The board may waive the requirement that the fees
1171	and number of customers whose place of primary use is in each
1172	county be submitted to the board each month and authorize a
1173	provider to submit the fees and number of customers quarterly if
1174	the provider demonstrates that such waiver is necessary and
1175	justified.
1176	(f)  For purposes of this section, the definitions
1177	contained in s. 202.11 and the provisions of s. 202.155 apply in
1178	the same manner and to the same extent as such definitions and
1179	provisions apply to the taxes levied pursuant to chapter 202 on
1180	mobile communications services.
1181	(g)  As used in this subsection, the term "provider"
1182	includes any person or entity that resells wireless service and
1183	was not assessed the fee by its resale supplier.
1184	(10)  PROVISION OF SERVICES.--In accordance with the order,
1185	a provider is not required to provide E911 service until:
1186	(a)  The provider receives a request in writing for such
1187	service from the county 911 coordinator and the affected
1188	answering point is capable of receiving and using the data
1189	elements associated with the service.
1190	(b)  Funds are available under s. 365.173(2)(b).
1191	(c)  The local exchange carrier is able to support the E911
1192	system.
1193	(d)  The service area has been scheduled for implementation
1194	of E911 service by the board pursuant to subparagraph (6)(a)3.
1195	If a county's 911 coordinator requests E911 service from a
1196	provider, the coordinator shall also request E911 service from
1197	all other providers in the area in a nondiscriminatory and fair
1198	manner.
1199	(11)  FACILITATING E911 SERVICE IMPLEMENTATION.--To balance
1200	the public need for reliable E911 services through reliable
1201	wireless systems and the public interest served by governmental
1202	zoning and land development regulations and notwithstanding any
1203	other law or local ordinance to the contrary, the following
1204	standards shall apply to a local government's actions, as a
1205	regulatory body, in the regulation of the placement,
1206	construction, or modification of a wireless communications
1207	facility. This subsection shall not, however, be construed to
1208	waive or alter the provisions of s. 286.011 or s. 286.0115. For
1209	the purposes of this subsection only, "local government" shall
1210	mean any municipality or county and any agency of a municipality
1211	or county only. The term "local government" does not, however,
1212	include any airport, as defined by s. 330.27(2), even if it is
1213	owned or controlled by or through a municipality, county, or
1214	agency of a municipality or county. Further, notwithstanding
1215	anything in this section to the contrary, this subsection does
1216	not apply to or control a local government's actions as a
1217	property or structure owner in the use of any property or
1218	structure owned by such entity for the placement, construction,
1219	or modification of wireless communications facilities. In the
1220	use of property or structures owned by the local government,
1221	however, a local government may not use its regulatory authority
1222	so as to avoid compliance with, or in a manner that does not
1223	advance, the provisions of this subsection.
1224	(a)  Collocation among wireless providers is encouraged by
1225	the state.
1226	1.a.  Collocations on towers, including nonconforming
1227	towers, that meet the requirements in sub-sub-subparagraphs (I),
1228	(II), and (III), are subject to only building permit review,
1229	which may include a review for compliance with this
1230	subparagraph. Such collocations are not subject to any design or
1231	placement requirements of the local government's land
1232	development regulations in effect at the time of the collocation
1233	that are more restrictive than those in effect at the time of
1234	the initial antennae placement approval, to any other portion of
1235	the land development regulations, or to public hearing review.
1236	This sub-subparagraph shall not preclude a public hearing for
1237	any appeal of the decision on the collocation application.
1238	(I)  The collocation does not increase the height of the
1239	tower to which the antennae are to be attached, measured to the
1240	highest point of any part of the tower or any existing antenna
1241	attached to the tower;
1242	(II)  The collocation does not increase the ground space
1243	area, commonly known as the compound, approved in the site plan
1244	for equipment enclosures and ancillary facilities; and
1245	(III)  The collocation consists of antennae, equipment
1246	enclosures, and ancillary facilities that are of a design and
1247	configuration consistent with all applicable regulations,
1248	restrictions, or conditions, if any, applied to the initial
1249	antennae placed on the tower and to its accompanying equipment
1250	enclosures and ancillary facilities and, if applicable, applied
1251	to the tower supporting the antennae. Such regulations may
1252	include the design and aesthetic requirements, but not
1253	procedural requirements, other than those authorized by this
1254	section, of the local government's land development regulations
1255	in effect at the time the initial antennae placement was
1256	approved.
1257	b.  Except for a historic building, structure, site,
1258	object, or district, or a tower included in sub-subparagraph a.,
1259	collocations on all other existing structures that meet the
1260	requirements in sub-sub-subparagraphs (I)-(IV) shall be subject
1261	to no more than building permit review, and an administrative
1262	review for compliance with this subparagraph. Such collocations
1263	are not subject to any portion of the local government's land
1264	development regulations not addressed herein, or to public
1265	hearing review. This sub-subparagraph shall not preclude a
1266	public hearing for any appeal of the decision on the collocation
1267	application.
1268	(I)  The collocation does not increase the height of the
1269	existing structure to which the antennae are to be attached,
1270	measured to the highest point of any part of the structure or
1271	any existing antenna attached to the structure;
1272	(II)  The collocation does not increase the ground space
1273	area, otherwise known as the compound, if any, approved in the
1274	site plan for equipment enclosures and ancillary facilities;
1275	(III)  The collocation consists of antennae, equipment
1276	enclosures, and ancillary facilities that are of a design and
1277	configuration consistent with any applicable structural or
1278	aesthetic design requirements and any requirements for location
1279	on the structure, but not prohibitions or restrictions on the
1280	placement of additional collocations on the existing structure
1281	or procedural requirements, other than those authorized by this
1282	section, of the local government's land development regulations
1283	in effect at the time of the collocation application; and
1284	(IV)  The collocation consists of antennae, equipment
1285	enclosures, and ancillary facilities that are of a design and
1286	configuration consistent with all applicable restrictions or
1287	conditions, if any, that do not conflict with sub-sub-
1288	subparagraph (III) and were applied to the initial antennae
1289	placed on the structure and to its accompanying equipment
1290	enclosures and ancillary facilities and, if applicable, applied
1291	to the structure supporting the antennae.
1292	c.  Regulations, restrictions, conditions, or permits of
1293	the local government, acting in its regulatory capacity, that
1294	limit the number of collocations or require review processes
1295	inconsistent with this subsection shall not apply to
1296	collocations addressed in this subparagraph.
1297	d.  If only a portion of the collocation does not meet the
1298	requirements of this subparagraph, such as an increase in the
1299	height of the proposed antennae over the existing structure
1300	height or a proposal to expand the ground space approved in the
1301	site plan for the equipment enclosure, where all other portions
1302	of the collocation meet the requirements of this subparagraph,
1303	that portion of the collocation only may be reviewed under the
1304	local government's regulations applicable to an initial
1305	placement of that portion of the facility, including, but not
1306	limited to, its land development regulations, and within the
1307	review timeframes of subparagraph (d)2., and the rest of the
1308	collocation shall be reviewed in accordance with this
1309	subparagraph. A collocation proposal under this subparagraph
1310	that increases the ground space area, otherwise known as the
1311	compound, approved in the original site plan for equipment
1312	enclosures and ancillary facilities by no more than a cumulative
1313	amount of 400 square feet or 50 percent of the original compound
1314	size, whichever is greater, shall, however, require no more than
1315	administrative review for compliance with the local government's
1316	regulations, including, but not limited to, land development
1317	regulations review, and building permit review, with no public
1318	hearing review. This sub-subparagraph shall not preclude a
1319	public hearing for any appeal of the decision on the collocation
1320	application.
1321	2.  If a collocation does not meet the requirements of
1322	subparagraph 1., the local government may review the application
1323	under the local government's regulations, including, but not
1324	limited to, land development regulations, applicable to the
1325	placement of initial antennae and their accompanying equipment
1326	enclosure and ancillary facilities.
1327	3.  If a collocation meets the requirements of subparagraph
1328	1., the collocation shall not be considered a modification to an
1329	existing structure or an impermissible modification of a
1330	nonconforming structure.
1331	4.  The owner of the existing tower on which the proposed
1332	antennae are to be collocated shall remain responsible for
1333	compliance with any applicable condition or requirement of a
1334	permit or agreement, or any applicable condition or requirement
1335	of the land development regulations to which the existing tower
1336	had to comply at the time the tower was permitted, including any
1337	aesthetic requirements, provided the condition or requirement is
1338	not inconsistent with this paragraph.
1339	5.  An existing tower, including a nonconforming tower, may
1340	be structurally modified in order to permit collocation or may
1341	be replaced through no more than administrative review and
1342	building permit review, and is not subject to public hearing
1343	review, if the overall height of the tower is not increased and,
1344	if a replacement, the replacement tower is a monopole tower or,
1345	if the existing tower is a camouflaged tower, the replacement
1346	tower is a like-camouflaged tower. This subparagraph shall not
1347	preclude a public hearing for any appeal of the decision on the
1348	application.
1349	(b)1.  A local government's land development and
1350	construction regulations for wireless communications facilities
1351	and the local government's review of an application for the
1352	placement, construction, or modification of a wireless
1353	communications facility shall only address land development or
1354	zoning issues. In such local government regulations or review,
1355	the local government may not require information on or evaluate
1356	a wireless provider's business decisions about its service,
1357	customer demand for its service, or quality of its service to or
1358	from a particular area or site, unless the wireless provider
1359	voluntarily offers this information to the local government. In
1360	such local government regulations or review, a local government
1361	may not require information on or evaluate the wireless
1362	provider's designed service unless the information or materials
1363	are directly related to an identified land development or zoning
1364	issue or unless the wireless provider voluntarily offers the
1365	information. Information or materials directly related to an
1366	identified land development or zoning issue may include, but are
1367	not limited to, evidence that no existing structure can
1368	reasonably be used for the antennae placement instead of the
1369	construction of a new tower, that residential areas cannot be
1370	served from outside the residential area, as addressed in
1371	subparagraph 3., or that the proposed height of a new tower or
1372	initial antennae placement or a proposed height increase of a
1373	modified tower, replacement tower, or collocation is necessary
1374	to provide the provider's designed service. Nothing in this
1375	paragraph shall limit the local government from reviewing any
1376	applicable land development or zoning issue addressed in its
1377	adopted regulations that does not conflict with this section,
1378	including, but not limited to, aesthetics, landscaping, land use
1379	based location priorities, structural design, and setbacks.
1380	2.  Any setback or distance separation required of a tower
1381	may not exceed the minimum distance necessary, as determined by
1382	the local government, to satisfy the structural safety or
1383	aesthetic concerns that are to be protected by the setback or
1384	distance separation.
1385	3.  A local government may exclude the placement of
1386	wireless communications facilities in a residential area or
1387	residential zoning district but only in a manner that does not
1388	constitute an actual or effective prohibition of the provider's
1389	service in that residential area or zoning district. If a
1390	wireless provider demonstrates to the satisfaction of the local
1391	government that the provider cannot reasonably provide its
1392	service to the residential area or zone from outside the
1393	residential area or zone, the municipality or county and
1394	provider shall cooperate to determine an appropriate location
1395	for a wireless communications facility of an appropriate design
1396	within the residential area or zone. The local government may
1397	require that the wireless provider reimburse the reasonable
1398	costs incurred by the local government for this cooperative
1399	determination. An application for such cooperative determination
1400	shall not be considered an application under paragraph (d).
1401	4.  A local government may impose a reasonable fee on
1402	applications to place, construct, or modify a wireless
1403	communications facility only if a similar fee is imposed on
1404	applicants seeking other similar types of zoning, land use, or
1405	building permit review. A local government may impose fees for
1406	the review of applications for wireless communications
1407	facilities by consultants or experts who conduct code compliance
1408	review for the local government but any fee is limited to
1409	specifically identified reasonable expenses incurred in the
1410	review. A local government may impose reasonable surety
1411	requirements to ensure the removal of wireless communications
1412	facilities that are no longer being used.
1413	5.  A local government may impose design requirements, such
1414	as requirements for designing towers to support collocation or
1415	aesthetic requirements, except as otherwise limited in this
1416	section, but shall not impose or require information on
1417	compliance with building code type standards for the
1418	construction or modification of wireless communications
1419	facilities beyond those adopted by the local government under
1420	chapter 553 and that apply to all similar types of construction.
1421	(c)  Local governments may not require wireless providers
1422	to provide evidence of a wireless communications facility's
1423	compliance with federal regulations, except evidence of
1424	compliance with applicable Federal Aviation Administration
1425	requirements under 14 C.F.R. s. 77, as amended, and evidence of
1426	proper Federal Communications Commission licensure, or other
1427	evidence of Federal Communications Commission authorized
1428	spectrum use, but may request the Federal Communications
1429	Commission to provide information as to a wireless provider's
1430	compliance with federal regulations, as authorized by federal
1431	law.
1432	(d)1.  A local government shall grant or deny each properly
1433	completed application for a collocation under subparagraph (a)1.
1434	based on the application's compliance with the local
1435	government's applicable regulations, as provided for in
1436	subparagraph (a)1. and consistent with this subsection, and
1437	within the normal timeframe for a similar building permit review
1438	but in no case later than 45 business days after the date the
1439	application is determined to be properly completed in accordance
1440	with this paragraph.
1441	2.  A local government shall grant or deny each properly
1442	completed application for any other wireless communications
1443	facility based on the application's compliance with the local
1444	government's applicable regulations, including but not limited
1445	to land development regulations, consistent with this subsection
1446	and within the normal timeframe for a similar type review but in
1447	no case later than 90 business days after the date the
1448	application is determined to be properly completed in accordance
1449	with this paragraph.
1450	3.a.  An application is deemed submitted or resubmitted on
1451	the date the application is received by the local government. If
1452	the local government does not notify the applicant in writing
1453	that the application is not completed in compliance with the
1454	local government's regulations within 20 business days after the
1455	date the application is initially submitted or additional
1456	information resubmitted, the application is deemed, for
1457	administrative purposes only, to be properly completed and
1458	properly submitted. However, the determination shall not be
1459	deemed as an approval of the application. If the application is
1460	not completed in compliance with the local government's
1461	regulations, the local government shall so notify the applicant
1462	in writing and the notification must indicate with specificity
1463	any deficiencies in the required documents or deficiencies in
1464	the content of the required documents which, if cured, make the
1465	application properly completed. Upon resubmission of information
1466	to cure the stated deficiencies, the local government shall
1467	notify the applicant, in writing, within the normal timeframes
1468	of review, but in no case longer than 20 business days after the
1469	additional information is submitted, of any remaining
1470	deficiencies that must be cured. Deficiencies in document type
1471	or content not specified by the local government do not make the
1472	application incomplete. Notwithstanding this sub-subparagraph,
1473	if a specified deficiency is not properly cured when the
1474	applicant resubmits its application to comply with the notice of
1475	deficiencies, the local government may continue to request the
1476	information until such time as the specified deficiency is
1477	cured. The local government may establish reasonable timeframes
1478	within which the required information to cure the application
1479	deficiency is to be provided or the application will be
1480	considered withdrawn or closed.
1481	b.  If the local government fails to grant or deny a
1482	properly completed application for a wireless communications
1483	facility within the timeframes set forth in this paragraph, the
1484	application shall be deemed automatically approved and the
1485	applicant may proceed with placement of the facilities without
1486	interference or penalty. The timeframes specified in
1487	subparagraph 2. may be extended only to the extent that the
1488	application has not been granted or denied because the local
1489	government's procedures generally applicable to all other
1490	similar types of applications require action by the governing
1491	body and such action has not taken place within the timeframes
1492	specified in subparagraph 2. Under such circumstances, the local
1493	government must act to either grant or deny the application at
1494	its next regularly scheduled meeting or, otherwise, the
1495	application is deemed to be automatically approved.
1496	c.  To be effective, a waiver of the timeframes set forth
1497	in this paragraph must be voluntarily agreed to by the applicant
1498	and the local government. A local government may request, but
1499	not require, a waiver of the timeframes by the applicant, except
1500	that, with respect to a specific application, a one-time waiver
1501	may be required in the case of a declared local, state, or
1502	federal emergency that directly affects the administration of
1503	all permitting activities of the local government.
1504	(e)  The replacement of or modification to a wireless
1505	communications facility, except a tower, that results in a
1506	wireless communications facility not readily discernibly
1507	different in size, type, and appearance when viewed from ground
1508	level from surrounding properties, and the replacement or
1509	modification of equipment that is not visible from surrounding
1510	properties, all as reasonably determined by the local
1511	government, are subject to no more than applicable building
1512	permit review.
1513	(f)  Any other law to the contrary notwithstanding, the
1514	Department of Management Services shall negotiate, in the name
1515	of the state, leases for wireless communications facilities that
1516	provide access to state government-owned property not acquired
1517	for transportation purposes, and the Department of
1518	Transportation shall negotiate, in the name of the state, leases
1519	for wireless communications facilities that provide access to
1520	property acquired for state rights-of-way. On property acquired
1521	for transportation purposes, leases shall be granted in
1522	accordance with s. 337.251. On other state government-owned
1523	property, leases shall be granted on a space available, first-
1524	come, first-served basis. Payments required by state government
1525	under a lease must be reasonable and must reflect the market
1526	rate for the use of the state government-owned property. The
1527	Department of Management Services and the Department of
1528	Transportation are authorized to adopt rules for the terms and
1529	conditions and granting of any such leases.
1530	(g)  If any person adversely affected by any action, or
1531	failure to act, or regulation, or requirement of a local
1532	government in the review or regulation of the wireless
1533	communication facilities files an appeal or brings an
1534	appropriate action in a court or venue of competent
1535	jurisdiction, following the exhaustion of all administrative
1536	remedies, the matter shall be considered on an expedited basis.
1537	(12)  INDEMNIFICATION AND LIMITATION OF LIABILITY.--All
1538	local governments are authorized to undertake to indemnify the
1539	local exchange carriers against liability in accordance with the
1540	companies' lawfully filed tariffs. Regardless of any
1541	indemnification agreement, a voice communications services
1542	provider shall not be liable for damages resulting from or in
1543	connection with 911 or E911 service or identification of the
1544	telephone number, address, or name associated with any person
1545	accessing 911 or E911 service, unless the provider acted with
1546	malicious purpose or in a manner exhibiting wanton and willful
1547	disregard of human rights, safety, or property in providing such
1548	services. A voice communications services provider shall not be
1549	liable for damages to any person resulting from or in connection
1550	with such provider's provision of any lawful assistance to any
1551	investigative or law enforcement officer of the State of Florida
1552	or political subdivisions thereof, of the United States, or of
1553	any other state or political subdivision thereof, in connection
1554	with any lawful investigation or other law enforcement activity
1555	by such law enforcement officer unless the provider acted in a
1556	wanton and willful manner.
1557	(13)(12)  MISUSE OF WIRELESS 911 OR E911 SYSTEM;
1558	PENALTY.--Every 911 and E911 service must be used solely for
1559	emergency communications by the public. Any person who accesses
1560	the number 911 for the purpose of making a false alarm or
1561	complaint or reporting false information which could result in
1562	the emergency response of any public safety agency, or who
1563	knowingly uses or attempts to use such service for a purpose
1564	other than obtaining public safety assistance, or who knowingly
1565	uses or attempts to use such service in an effort to avoid any
1566	charge for service, commits a misdemeanor of the first degree,
1567	punishable as provided in s. 775.082 or s. 775.083. After being
1568	convicted of unauthorized use of such service four times, a
1569	person who continues to engage in such unauthorized use commits
1570	a felony of the third degree, punishable as provided in s.
1571	775.082, s. 775.083, or s. 775.084. In addition, if the value of
1572	the service or the service charge obtained in a manner
1573	prohibited by this subsection exceeds $100, the person
1574	committing the offense commits a felony of the third degree,
1575	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1576	(14)(13)  STATE LAW NOT PREEMPTED.--This section and ss.
1577	365.173 and 365.174 do not alter any state law that otherwise
1578	regulates voice communications services providers of
1579	telecommunications service.
1580	Section 3.  This act shall take effect upon becoming a law.

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