CS/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; redefining the term "office" to mean
7	the Technology Program within the Department of Management
8	Services; revising the duties of the office regarding the
9	state E911 system plan; revising provisions for content of
10	the plan; designating the secretary as the director of the
11	statewide emergency communications number E911 system;
12	removing a provision authorizing the director to employ
13	certain persons; directing the Public Service Commission
14	to 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 communications services; providing
37	for the authorized use of the fees collected; providing
38	for indemnification and limitation of liability for local
39	exchange carriers; providing penalties for the misuse of
40	the E911 system; authorizing additional positions and
41	providing appropriations; 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 may be shall be known and
50	cited as the "Florida Emergency Communications Number E911 State
51	Plan Telephone Act."
52	(2)  LEGISLATIVE INTENT.--It is the intent of the
53	Legislature that the communications number "911" be the
54	designated emergency communications number. A public safety
55	agency may not 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 services which will provide citizens with rapid
61	direct access to public safety agencies by accessing dialing the
62	telephone number "911" with the objective of reducing the
63	response time to situations requiring law enforcement, fire,
64	medical, rescue, and other emergency services.
65	(3)  DEFINITIONS.--As used in this section, the term:
66	(a)  "Office" means the Technology Program within the
67	Department of Management Services, as designated by the
68	secretary of the department State Technology Office.
69	(b)  "Local government" means any city, county, or
70	political subdivision of the state and its agencies.
71	(c)  "Public agency" means the state and any city, county,
72	city and county, municipal corporation, chartered organization,
73	public district, or public authority located in whole or in part
74	within this state which provides, or has authority to provide,
75	firefighting, law enforcement, ambulance, medical, or other
76	emergency services.
77	(d)  "Public safety agency" means a functional division of
78	a public agency which provides firefighting, law enforcement,
79	medical, or other emergency services.
80	(4)  STATE PLAN.--The office shall develop, maintain, and
81	implement appropriate modifications for a statewide emergency
82	communications E911 telephone number "911" system plan. The plan
83	shall provide for:
84	(a)  The establishment of the public agency emergency
85	telephone communications requirements for each entity of local
86	government in the state.
87	(b)  A system to meet specific local government
88	requirements. Such system shall include law enforcement,
89	firefighting, and emergency medical services and may include
90	other emergency services such as poison control, suicide
91	prevention, and emergency management services.
92	(c)  Identification of the mutual aid agreements necessary
93	to obtain an effective E911 "911" system.
94	(d)  A funding provision that identifies which shall
95	identify the cost necessary to implement the E911 "911" system.
96	(e)  A firm implementation schedule which shall include the
97	installation of the "911" system in a local community within 24
98	months after the designated agency of the local government gives
99	a firm order to the telephone utility for a "911" system.
100
101	The office shall be responsible for the implementation and
102	coordination of such plan. The office shall adopt any necessary
103	rules and schedules related to public agencies for implementing
104	and coordinating the such plan, pursuant to chapter 120. The
105	public agency designated in the plan shall order such system
106	within 6 months after publication date of the plan if the public
107	agency is in receipt of funds appropriated by the Legislature
108	for the implementation and maintenance of the "911" system. Any
109	jurisdiction which has utilized local funding as of July 1,
110	1976, to begin the implementation of the state plan as set forth
111	in this section shall be eligible for at least a partial
112	reimbursement of its direct cost when, and if, state funds are
113	available for such reimbursement.
114	(5)  SYSTEM DIRECTOR.--The secretary of the department
115	director of the office or his or her designee is designated as
116	the director of the statewide emergency communications telephone
117	number E911 "911" system and, for the purpose of carrying out
118	the provisions of this section, is authorized to coordinate the
119	activities of the system with state, county, local, and private
120	agencies. The director is authorized to employ not less than
121	five persons, three of whom will be at the professional level,
122	one at the secretarial level, and one to fill a fiscal position,
123	for the purpose of carrying out the provisions of this section.
124	The director in implementing the system shall consult,
125	cooperate, and coordinate with local law enforcement agencies.
126	(6)  REGIONAL SYSTEMS.--Nothing in This section does not
127	shall be construed to prohibit or discourage the formation of
128	multijurisdictional or regional systems; and any system
129	established pursuant to this section may include the
130	jurisdiction, or any portion thereof, of more than one public
131	agency. It is the intent of the Legislature that E911 service be
132	available throughout the state. Expenditure by counties of the
133	E911 fee authorized and imposed under s. 365.172 should support
134	this intent to the greatest extent feasible within the context
135	of local service needs and fiscal capability. This section does
136	not prohibit two or more counties from establishing a combined
137	emergency E911 communications service by an interlocal agreement
138	and using the fees authorized and imposed by s. 365.172 for such
139	combined E911 service.
140	(7)  TELECOMMUNICATIONS TELEPHONE INDUSTRY
141	COORDINATION.--The office shall coordinate with the Florida
142	Public Service Commission which shall encourage the Florida
143	telecommunications telephone industry to activate facility
144	modification plans for a timely E911 "911" implementation.
145	(8)  COIN TELEPHONES.--The Florida Public Service
146	Commission shall establish rules to be followed by the
147	telecommunications companies telephone utilities in this state
148	designed toward encouraging the provision of coin-free dialing
149	of "911" calls wherever economically practicable and in the
150	public interest.
151	(9)  SYSTEM APPROVAL.--No emergency communications
152	telephone number E911 "911" system shall be established and no
153	present system shall be expanded without prior approval of the
154	office.
155	(10)  COMPLIANCE.--All public agencies shall assist the
156	office in their efforts to carry out the intent of this section,
157	and such agencies shall comply with the developed plan.
158	(11)  EXISTING EMERGENCY TELEPHONE SERVICE.--Any emergency
159	telephone number established by any local government or state
160	agency prior to July 1, 1974, using a number other than "911"
161	shall be changed to "911" on the same implementation schedule
162	provided in paragraph (4)(e).
163	(11)(12)  FEDERAL ASSISTANCE.--The secretary of the
164	department office or his or her designee may apply for and
165	accept federal funding assistance in the development and
166	implementation of a statewide emergency communications telephone
167	number E911 "911" system.
168	(13)  "911" FEE.--
169	(a)  Following approval by referendum as set forth in
170	paragraph (b), or following approval by a majority vote of its
171	board of county commissioners, a county may impose a "911" fee
172	to be paid by the local exchange subscribers within its
173	boundaries served by the "911" service. Proceeds from the "911"
174	fee shall be used only for "911" expenditures as set forth in
175	subparagraph 6. The manner of imposing and collecting said
176	payment shall be as follows:
177	1.  At the request of the county subscribing to "911"
178	service, the telephone company shall, insofar as is practicable,
179	bill the "911" fee to the local exchange subscribers served by
180	the "911" service, on an individual access line basis, at a rate
181	not to exceed 50 cents per month per line (up to a maximum of 25
182	access lines per account bill rendered). However, the fee may
183	not be assessed on any pay telephone in this state. A county
184	collecting the fee for the first time may collect the fee for no
185	longer than 36 months without initiating the acquisition of its
186	"911" equipment.
187	2.  Fees collected by the telephone company pursuant to
188	subparagraph 1. shall be returned to the county, less the costs
189	of administration retained pursuant to paragraph (c). The county
190	shall provide a minimum of 90 days' written notice to the
191	telephone company prior to the collection of any "911" fees.
192	3.  Any county that currently has an operational "911"
193	system or that is actively pursuing the implementation of a
194	"911" system shall establish a fund to be used exclusively for
195	receipt and expenditure of "911" fee revenues collected pursuant
196	to this section. All fees placed in said fund, and any interest
197	accrued thereupon, shall be used solely for "911" costs
198	described in subparagraph 6. The money collected and interest
199	earned in this fund shall be appropriated for "911" purposes by
200	the county commissioners and incorporated into the annual county
201	budget. Such fund shall be included within the financial audit
202	performed in accordance with s. 218.39. A report of the audit
203	shall be forwarded to the office within 60 days of its
204	completion. A county may carry forward on an annual basis
205	unspent moneys in the fund for expenditures allowed by this
206	section, or it may reduce its fee. However, in no event shall a
207	county carry forward more than 10 percent of the "911" fee
208	billed for the prior year. The amount of moneys carried forward
209	each year may be accumulated in order to allow for capital
210	improvements described in this subsection. The carryover shall
211	be documented by resolution of the board of county commissioners
212	expressing the purpose of the carryover or by an adopted capital
213	improvement program identifying projected expansion or
214	replacement expenditures for "911" equipment and service
215	features, or both. In no event shall the "911" fee carryover
216	surplus moneys be used for any purpose other than for the "911"
217	equipment, service features, and installation charges authorized
218	in subparagraph 6. Nothing in this section shall prohibit a
219	county from using other sources of revenue for improvements,
220	replacements, or expansions of its "911" system. A county may
221	increase its fee for purposes authorized in this section.
222	However, in no case shall the fee exceed 50 cents per month per
223	line. All current "911" fees shall be reported to the office
224	within 30 days of the start of each county's fiscal period. Any
225	fee adjustment made by a county shall be reported to the office.
226	A county shall give the telephone company a 90-day written
227	notice of such fee adjustment.
228	4.  The telephone company shall have no obligation to take
229	any legal action to enforce collection of the "911" fee. The
230	telephone company shall provide quarterly to the county a list
231	of the names, addresses, and telephone numbers of any and all
232	subscribers who have identified to the telephone company their
233	refusal to pay the "911" fee.
234	5.  The county subscribing to "911" service shall remain
235	liable to the telephone company for any "911" service,
236	equipment, operation, or maintenance charge owed by the county
237	to the telephone company.
238
239	As used in this paragraph, "telephone company" means an exchange
240	telephone service provider of "911" service or equipment to any
241	county within its certificated area.
242	6.  It is the intent of the Legislature that the "911" fee
243	authorized by this section to be imposed by counties will not
244	necessarily provide the total funding required for establishing
245	or providing the "911" service. For purposes of this section,
246	"911" service includes the functions of database management,
247	call taking, location verification, and call transfer. The
248	following costs directly attributable to the establishment
249	and/or provision of "911" service are eligible for expenditure
250	of moneys derived from imposition of the "911" fee authorized by
251	this section: the acquisition, implementation, and maintenance
252	of Public Safety Answering Point (PSAP) equipment and "911"
253	service features, as defined in the Florida Public Service
254	Commission's lawfully approved "911" and related tariffs and/or
255	the acquisition, installation, and maintenance of other "911"
256	equipment, including call answering equipment, call transfer
257	equipment, ANI controllers, ALI controllers, ANI displays, ALI
258	displays, station instruments, "911" telecommunications systems,
259	teleprinters, logging recorders, instant playback recorders,
260	telephone devices for the deaf (TDD) used in the "911" system,
261	PSAP backup power systems, consoles, automatic call
262	distributors, and interfaces (hardware and software) for
263	computer-aided dispatch (CAD) systems; salary and associated
264	expenses for "911" call takers for that portion of their time
265	spent taking and transferring "911" calls; salary and associated
266	expenses for a county to employ a full-time equivalent "911"
267	coordinator position and a full-time equivalent staff assistant
268	position per county for the portion of their time spent
269	administrating the "911" system; training costs for PSAP call
270	takers in the proper methods and techniques used in taking and
271	transferring "911" calls; and expenses required to develop and
272	maintain all information (ALI and ANI databases and other
273	information source repositories) necessary to properly inform
274	call takers as to location address, type of emergency, and other
275	information directly relevant to the "911" call-taking and
276	transferring function. No wireless telephone service provider
277	shall be required to participate in any pilot project or to
278	otherwise implement a nonemergency "311" system or similar
279	nonemergency system. The "911" fee revenues shall not be used to
280	pay for any item not listed, including, but not limited to, any
281	capital or operational costs for emergency responses which occur
282	after the call transfer to the responding public safety entity
283	and the costs for constructing buildings, leasing buildings,
284	maintaining buildings, or renovating buildings, except for those
285	building modifications necessary to maintain the security and
286	environmental integrity of the PSAP and "911" equipment rooms.
287	7.  It is the goal of the Legislature that enhanced "911"
288	service be available throughout the state. Expenditure by
289	counties of the "911" fees authorized by this section should
290	support this goal to the greatest extent feasible within the
291	context of local service needs and fiscal capability. Nothing in
292	this section shall be construed to prohibit two or more counties
293	from establishing a combined emergency "911" telephone service
294	by interlocal agreement and utilizing the "911" fees authorized
295	by this section for such combined "911" service.
296	(b)  If a county elects to obtain approval of a "911" fee
297	by referendum, it shall arrange to place a question on the
298	ballot at the next regular or special election to be held within
299	the county, substantially as follows:
300	_____ I am in favor of the "911" emergency telephone system
301	fee.
302	_____ I am against the "911" emergency telephone system
303	fee.
304
305	If a majority of the electors voting on the question approve the
306	fee, it may be imposed by the county.
307	(c)  Any county imposing a "911" fee in accordance with the
308	provisions of this subsection shall allow the telephone company
309	to retain as an administrative fee an amount equal to 1 percent
310	of the total "911" fee collected by the telephone company.
311	(14)  INDEMNIFICATION AND LIMITATION OF LIABILITY.--All
312	local governments are authorized to undertake to indemnify the
313	telephone company against liability in accordance with the
314	telephone company's lawfully filed tariffs. Regardless of any
315	indemnification agreement, a telephone company or commercial
316	mobile radio service provider as defined in s. 364.02 shall not
317	be liable for damages resulting from or in connection with "911"
318	service or identification of the telephone number, address, or
319	name associated with any person accessing "911" service, unless
320	the telephone company or commercial radio service provider acted
321	with malicious purpose or in a manner exhibiting wanton and
322	willful disregard of human rights, safety, or property in
323	providing such services.
324	(12)(15)  CONFIDENTIALITY OF RECORDS.--Any record,
325	recording, or information, or portions thereof, obtained by a
326	public agency or a public safety agency for the purpose of
327	providing services in an emergency and which reveals the name,
328	address, telephone number, or personal information about, or
329	information which may identify any person requesting emergency
330	service or reporting an emergency by accessing an emergency
331	communications E911 telephone number "911" system is
332	confidential and exempt from the provisions of s. 119.07(1) and
333	s. 24(a), Art. I of the State Constitution, except that such
334	record or information may be disclosed to a public safety
335	agency. The exemption applies only to the name, address,
336	telephone number or personal information about, or information
337	which may identify any person requesting emergency services or
338	reporting an emergency while such information is in the custody
339	of the public agency or public safety agency providing emergency
340	services. A telecommunications telephone company or commercial
341	mobile radio service provider shall not be liable for damages to
342	any person resulting from or in connection with such telephone
343	company's or commercial mobile radio service provider's
344	provision of any lawful assistance to any investigative or law
345	enforcement officer of the State of Florida or political
346	subdivisions thereof, of the United States, or of any other
347	state or political subdivision thereof, in connection with any
348	lawful investigation or other law enforcement activity by such
349	law enforcement officer unless the telecommunications telephone
350	company or commercial mobile radio service provider acted in a
351	wanton and willful manner.
352	(16)  FALSE "911" CALLS.--Whoever accesses the number "911"
353	for the purpose of making a false alarm or complaint or
354	reporting false information which could result in the emergency
355	response of any public safety agency is guilty of a misdemeanor
356	of the first degree, punishable as provided in s. 775.082 or s.
357	775.083.
358	Section 2.  Section 365.172, Florida Statutes, is amended
359	to read:
360	365.172  Wireless Emergency communications telephone number
361	"E911."--
362	(1)  SHORT TITLE.--This section may be cited as the
363	"Wireless Emergency Communications Number E911 Act."
364	(2)  FINDINGS, PURPOSE, AND LEGISLATIVE INTENT.--The
365	Legislature finds and declares that:
366	(a)  The mobile nature of wireless communications service
367	creates complexities for providing 911 emergency services.
368	(b)  Wireless telephone service providers are required by
369	the Federal Communications Commission to provide wireless
370	enhanced 911 (E911) service in the form of automatic location
371	identification and automatic number identification pursuant to
372	the terms and conditions set forth in an order issued by the
373	Federal Communications Commission.
374	(c)  Wireless telephone service providers and counties that
375	operate 911 and E911 systems require adequate funding to recover
376	the costs of designing, purchasing, installing, testing, and
377	operating enhanced facilities, systems, and services necessary
378	to comply with the requirements for E911 services mandated by
379	the Federal Communications Commission and to maximize the
380	availability of E911 services throughout this state.
381	(d)  The revenues generated by the E911 fee imposed under
382	this section are required to fund the efforts of the counties,
383	the Wireless 911 Board under the State Technology Office, and
384	commercial mobile radio service providers to improve the public
385	health, safety, and welfare and serve a public purpose by
386	providing emergency telephone assistance through wireless
387	communications.
388	(e)  It is necessary and beneficial to levy a fee on
389	wireless services and to create the Wireless 911 Board to
390	administer fee proceeds as provided in this section.
391	(f)  It is the intent of the Legislature to:
392	(a)1.  Establish and implement a comprehensive statewide
393	emergency telecommunications telephone number system that will
394	provide users of voice communications services within the state
395	wireless telephone users with rapid direct access to public
396	safety agencies by accessing dialing the telephone number "911."
397	(b)2.  Provide funds to counties local governments to pay
398	certain costs associated with their E911 or the cost of
399	installing and operating wireless 911 systems, to contract for
400	E911 services, and to reimburse wireless telephone service
401	providers for costs incurred to provide 911 or E911 enhanced 911
402	services.
403	(c)3.  Levy a reasonable fee on users of voice
404	communications services, unless otherwise provided in this
405	section, subscribers of wireless telephone service to accomplish
406	these purposes.
407	(d)  Provide for an E911 board to administer the fee, with
408	oversight by the office, in a manner that is competitively and
409	technologically neutral as to all voice communications services
410	providers.
411	(e)  Ensure that the fee established is used exclusively
412	for recovery by wireless providers and by counties for costs
413	associated with developing and maintaining E911 systems and
414	networks in a manner that is competitively and technologically
415	neutral as to all voice communications services providers.
416
417	It is further the intent of the Legislature that the fee
418	authorized or imposed by this section not necessarily provide
419	the total funding required for establishing or providing E911
420	service.
421	(3)  DEFINITIONS.--Only as used in this section and ss.
422	365.171, 365.173, and 365.174, the term:
423	(a)  "Active prepaid wireless telephone" means a prepaid
424	wireless telephone that has been used by the customer during the
425	month to complete a telephone call for which the customer's card
426	or balance was decremented.
427	(a)(b)  "Answering point" means the public safety agency
428	that receives incoming 911 calls and dispatches appropriate
429	public safety agencies to respond to the calls.
430	(b)  "Authorized expenditures" means expenditures of the
431	fee, as specified in subsection (9).
432	(c)  "Automatic location identification" means the
433	capability of the E911 service which enables the automatic
434	display of information that defines the approximate geographic
435	location of the wireless telephone, or the location of the
436	address of the wireline telephone, used to place a 911 call.
437	(d)  "Automatic number identification" means the capability
438	of the E911 service which enables the automatic display of the
439	10-digit service number used to place a 911 call.
440	(e)  "Board" or "E911 Board" means the board of directors
441	of the E911 Wireless 911 Board established in subsection (5).
442	(f)  "Building permit review" means a review for compliance
443	with building construction standards adopted by the local
444	government under chapter 553 and does not include a review for
445	compliance with land development regulations.
446	(g)  "Collocation" means the situation when a second or
447	subsequent wireless provider uses an existing structure to
448	locate a second or subsequent antennae. The term includes the
449	ground, platform, or roof installation of equipment enclosures,
450	cabinets, or buildings, and cables, brackets, and other
451	equipment associated with the location and operation of the
452	antennae.
453	(h)  "Designed service" means the configuration and manner
454	of deployment of service the wireless provider has designed for
455	an area as part of its network.
456	(i)  "E911" is the designation for an a wireless enhanced
457	911 system or wireless enhanced 911 service that is an emergency
458	telephone system or service that provides a subscriber with
459	wireless 911 service and, in addition, directs 911 calls to
460	appropriate public safety answering points by selective routing
461	based on the geographical location from which the call
462	originated, or as otherwise provided in the state plan under s.
463	365.171, and that provides for automatic number identification
464	and automatic location-identification features. E911 service
465	provided by a wireless provider means E911 as defined in the
466	order in accordance with the requirements of the order.
467	(j)  "Existing structure" means a structure that exists at
468	the time an application for permission to place antennae on a
469	structure is filed with a local government. The term includes
470	any structure that can structurally support the attachment of
471	antennae in compliance with applicable codes.
472	(k)  "Fee" means the E911 fee authorized and imposed under
473	subsection (8).
474	(l)  "Fund" means the Wireless Emergency Communications
475	Number E911 Telephone System Fund established in s. 365.173 and
476	maintained under this section for the purpose of recovering the
477	costs associated with providing 911 service or E911 service,
478	including the costs of implementing the order. The fund shall be
479	segregated into wireless and nonwireless categories.
480	(m)  "Historic building, structure, site, object, or
481	district" means any building, structure, site, object, or
482	district that has been officially designated as a historic
483	building, historic structure, historic site, historic object, or
484	historic district through a federal, state, or local designation
485	program.
486	(n)  "Land development regulations" means any ordinance
487	enacted by a local government for the regulation of any aspect
488	of development, including an ordinance governing zoning,
489	subdivisions, landscaping, tree protection, or signs, the local
490	government's comprehensive plan, or any other ordinance
491	concerning any aspect of the development of land. The term does
492	not include any building construction standard adopted under and
493	in compliance with chapter 553.
494	(o)  "Local exchange carrier" means a "competitive local
495	exchange telecommunications company" or a "local exchange
496	telecommunications company" as defined in s. 364.02.
497	(p)  "Local government" means any municipality, county, or
498	political subdivision or agency of a municipality, county, or
499	political subdivision.
500	(q)  "Medium county" means any county that has a population
501	of 75,000 or more but less than 750,000.
502	(r)  "Mobile telephone number" or "MTN" means the telephone
503	number assigned to a wireless telephone at the time of initial
504	activation.
505	(s)  "Nonwireless category" means the revenues to the fund
506	received from voice communications services providers other than
507	wireless providers.
508	(t)(s)  "Office" means the Technology Program within the
509	Department of Management Services, as designated by the
510	secretary of the department State Technology Office.
511	(u)(t)  "Order" means:
512	1.  The following orders and rules of the Federal
513	Communications Commission issued in FCC Docket No. 94-102:
514	a.  Order adopted on June 12, 1996, with an effective date
515	of October 1, 1996, the amendments to s. 20.03 and the creation
516	of s. 20.18 of Title 47 of the Code of Federal Regulations
517	adopted by the Federal Communications Commission pursuant to
518	such order.
519	b.  Memorandum and Order No. FCC 97-402 adopted on December
520	23, 1997.
521	c.  Order No. FCC DA 98-2323 adopted on November 13, 1998.
522	d.  Order No. FCC 98-345 adopted December 31, 1998.
523	2.  Orders and rules subsequently adopted by the Federal
524	Communications Commission relating to the provision of wireless
525	911 services, including Order Number FCC-05-116, adopted May 19,
526	2005.
527	(v)(u)  "Prepaid calling arrangements" has the same meaning
528	as defined in s. 212.05(1)(e) wireless telephone service" means
529	wireless telephone service that is activated in advance by
530	payment for a finite dollar amount of service or for a finite
531	set of minutes that terminate either upon use by a customer and
532	delivery by the wireless provider of an agreed-upon amount of
533	service corresponding to the total dollar amount paid in advance
534	or within a certain period of time following the initial
535	purchase or activation, unless additional payments are made.
536	(v)  "Provider" or "wireless provider" means a person or
537	entity who provides service and either:
538	1.  Is subject to the requirements of the order; or
539	2.  Elects to provide wireless 911 service or E911 service
540	in this state.
541	(w)  "Public agency" means the state and any municipality,
542	county, municipal corporation, or other governmental entity,
543	public district, or public authority located in whole or in part
544	within this state which provides, or has authority to provide,
545	firefighting, law enforcement, ambulance, medical, or other
546	emergency services.
547	(x)  "Public safety agency" means a functional division of
548	a public agency which provides firefighting, law enforcement,
549	medical, or other emergency services.
550	(y)  "Rural county" means any county that has a population
551	of fewer than 75,000.
552	(z)  "Service identifier" means the service number, access
553	line, or other unique subscriber identifier assigned to a
554	subscriber and established by the Federal Communications
555	Commission for purposes of routing calls whereby the subscriber
556	has access to the E911 system.
557	(z)  "Service" means "commercial mobile radio service" as
558	provided under ss. 3(27) and 332(d) of the Federal
559	Telecommunications Act of 1996, 47 U.S.C., ss. 151 et seq., and
560	the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-
561	66, August 10, 1993, 107 Stat. 312. The term "service" includes
562	the term "wireless" and service provided by any wireless real-
563	time two-way wire communication device, including radio-
564	telephone communications used in cellular telephone service;
565	personal communications service; or the functional or
566	competitive equivalent of a radio-telephone communications line
567	used in cellular telephone service, a personal communications
568	service, or a network radio access line. The term does not
569	include wireless providers that offer mainly dispatch service in
570	a more localized, noncellular configuration; providers offering
571	only data, one-way, or stored-voice services on an
572	interconnected basis; providers of air-to-ground services; or
573	public coast stations.
574	(aa)  "Service number" means the unique 10-digit wireless
575	telephone number assigned to a service subscriber.
576	(bb)  "Sufficient positive balance" means a dollar amount
577	greater than or equal to the monthly wireless surcharge amount.
578	(aa)(cc)  "Tower" means any structure designed primarily to
579	support a wireless provider's antennae.
580	(bb)  "Voice communications services" means two-way voice
581	service, through the use of any technology, which actually
582	provides access to E911 services, and includes communications
583	services, as defined in s. 202.11, which actually provide access
584	to E911 services and which are required to be included in the
585	provision of E911 services pursuant to orders and rules adopted
586	by the Federal Communications Commission. The term includes
587	voice-over-Internet-protocol service. For the purposes of this
588	section, the term "voice-over-Internet-protocol service" or
589	"VoIP service" means interconnected VoIP services having the
590	following characteristics:
591	1.  The service enables real-time, two-way voice
592	communications;
593	2.  The service requires a broadband connection from the
594	user's locations;
595	3.  The service requires IP-compatible customer premises
596	equipment; and
597	4.  The service offering allows users generally to receive
598	calls that originate on the public switched telephone network
599	and to terminate calls on the public switched telephone network.
600	(cc)  "Voice communications services provider" or
601	"provider" means any person or entity providing voice
602	communications services, except that the term does not include
603	any person or entity that resells voice communications service
604	and was assessed the fee by its resale supplier.
605	(dd)  "Wireless 911 system" or "wireless 911 service" means
606	an emergency telephone system or service that provides a
607	subscriber with the ability to reach an answering point by
608	accessing the digits "911."
609	(ee)  "Wireless category" means the revenues to the fund
610	received from a wireless provider.
611	(ff)(dd)  "Wireless communications facility" means any
612	equipment or facility used to provide service and may include,
613	but is not limited to, antennae, towers, equipment enclosures,
614	cabling, antenna brackets, and other such equipment. Placing a
615	wireless communications facility on an existing structure does
616	not cause the existing structure to become a wireless
617	communications facility.
618	(gg)  "Wireless provider" means a person who provides
619	wireless service and:
620	1.  Is subject to the requirements of the order; or
621	2.  Elects to provide wireless 911 service or E911 service
622	in this state.
623	(hh)  "Wireless service" means "commercial mobile radio
624	service" as provided under ss. 3(27) and 332(d) of the Federal
625	Telecommunications Act of 1996, 47 U.S.C., ss. 151 et seq., and
626	the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-
627	66, August 10, 1993, 107 Stat. 312. The term includes service
628	provided by any wireless real-time two-way wire communication
629	device, including radio-telephone communications used in
630	cellular telephone service; personal communications service; or
631	the functional or competitive equivalent of a radio-telephone
632	communications line used in cellular telephone service, a
633	personal communications service, or a network radio access line.
634	The term does not include wireless providers that offer mainly
635	dispatch service in a more localized, noncellular configuration;
636	providers offering only data, one-way, or stored-voice services
637	on an interconnected basis; providers of air-to-ground services;
638	or public coast stations.
639	(ee)  "Wireless 911 system" or "wireless 911 service" means
640	an emergency telephone system or service that provides a
641	subscriber with the ability to reach an answering point by
642	dialing the digits "911." A wireless 911 system is complementary
643	to a wired 911 system as provided for in s. 365.171.
644	(4)  POWERS AND DUTIES OF THE OFFICE.--The office shall
645	oversee the administration of the fee authorized and imposed on
646	subscribers of voice communications services statewide E911
647	service under subsection (8).
648	(5)  THE E911 WIRELESS 911 BOARD.--
649	(a)  The E911 Wireless 911 Board is established to
650	administer, with oversight by the office, the fee imposed under
651	subsection (8), including receiving revenues derived from the
652	fee; distributing portions of the such revenues to wireless
653	providers, counties, and the office; accounting for receipts,
654	distributions, and income derived by the funds maintained in the
655	fund; and providing annual reports to the Governor and the
656	Legislature for submission by the office on amounts collected
657	and expended, the purposes for which expenditures have been
658	made, and the status of wireless E911 service in this state. In
659	order to advise and assist the office in carrying out the
660	purposes of this section, the board, which shall have the power
661	of a body corporate, has shall have the powers enumerated in
662	subsection (6).
663	(b)  The board shall consist of nine seven members, one of
664	whom must be the system director designated under s. 365.171(5),
665	or his or her designee, who shall serve as the chair of the
666	board. The remaining eight six members of the board shall be
667	appointed by the Governor and must be composed of four three
668	county 911 coordinators, consisting of a representative from a
669	rural county, a representative from a medium county, a
670	representative from a large county, and an at-large
671	representative recommended by the Florida Association of
672	Counties in consultation with the county 911 coordinators; two
673	local exchange carrier members, one of which must be the local
674	exchange carrier having the greatest number of access lines in
675	the state; and two three members from the wireless
676	telecommunications industry recommended by the Florida
677	Telecommunications Industry Association in consultation with the
678	wireless telecommunications industry. In recommending members
679	from the wireless telecommunications industry, consideration
680	must be given to wireless providers who are not affiliated with
681	local exchange carriers. Not more than one member may be
682	appointed to represent any single provider on the board.
683	(c)  The system director, designated under s. 365.171(5),
684	or his or her designee, must be a permanent member of the board.
685	Each of the remaining eight six members of the board shall be
686	appointed to a 4-year term and may not be appointed to more than
687	two successive terms. However, for the purpose of staggering
688	terms, two of the original board members shall be appointed to
689	terms of 4 years, two shall be appointed to terms of 3 years,
690	and four two shall be appointed to terms of 2 years, as
691	designated by the Governor. A vacancy on the board shall be
692	filled in the same manner as the original appointment.
693	(d)  The first vacancy in a wireless provider
694	representative position occurring after July 1, 2007, must be
695	filled by appointment of a local exchange company
696	representative. Until the appointment is made, there shall be
697	only one local exchange company representative serving on the
698	board, notwithstanding any other provision to the contrary.
699	(6)  AUTHORITY OF THE BOARD; ANNUAL REPORT.--
700	(a)  The board shall:
701	1.  Administer the E911 fee.
702	2.  Implement, maintain, and oversee the fund.
703	3.  Review and oversee the disbursement of the revenues
704	deposited into the fund as provided in s. 365.173.
705	a.  The board may establish a schedule for implementing
706	wireless E911 service by service area, and prioritize
707	disbursements of revenues from the fund to providers and rural
708	counties as provided in s. 365.173(2)(d) s. 365.173(2)(b) and
709	(g) (c) pursuant to the schedule, in order to implement E911
710	services in the most efficient and cost-effective manner.
711	b.  Revenues in the fund collected and deposited into the
712	fund for distribution as provided in s. 365.173(2)(b), but which
713	have not been disbursed because sworn invoices as required by s.
714	365.173(2)(d) s. 365.173(2)(b) have not been submitted to the
715	board, may be used utilized by the board as needed to provide
716	grants to rural counties and loans to medium counties for the
717	purpose of upgrading E911 systems. The counties must use the
718	funds only for capital expenditures directly attributable to
719	establishing and provisioning E911 services, which may include
720	next-generation deployment. Prior to the distribution of grants,
721	the board shall provide 90 days' written notice to all counties
722	and publish electronically an approved application process.
723	County grant applications shall be prioritized based on the
724	availability of funds, current system life expectancy, system
725	replacement needs, and Phase II compliance per the Federal
726	Communications Commission. No grants will be available to any
727	county for next-generation deployment until all counties are
728	Phase II complete. Grants provided to rural counties would be in
729	addition to disbursements provided under s. 365.173(2)(c). Loans
730	provided to medium counties shall be based on county hardship
731	criteria as determined and approved by the board. Revenues
732	utilized for this purpose shall be fully repaid to the fund in a
733	manner and under a timeframe as determined and approved by the
734	board. The board shall take all actions within its authority to
735	ensure that county recipients of such grants use and loans
736	utilize these funds only for the purpose under which they have
737	been provided and may take any actions within its authority to
738	secure county repayment of grant and loan revenues upon
739	determination that the funds were not used utilized for the
740	purpose under which they were provided.
741	c.  The board shall reimburse all costs of a wireless
742	provider in accordance with s. 365.173(2)(d) before taking any
743	action to transfer additional funds.
744	d.  By September 1, 2007, the board shall authorize the
745	transfer of up to $15 million to the counties from existing
746	money within the fund established under s. 365.173(1). The money
747	shall be disbursed equitably to all of the counties using a
748	timeframe and distribution methodology established by the board
749	before September 1, 2007, in order to prevent a loss to the
750	counties in the ordinary and expected time value of money caused
751	by any timing delay in remittance to the counties of wireline
752	fees caused by the one-time transfer of collecting wireline fees
753	by the counties to the board. All disbursements for this purpose
754	must be returned to the fund from future remittances by the
755	nonwireless category.
756	e.  After taking the action required in sub-subparagraphs
757	a.-d., the board may review and, with all members participating
758	in the vote, adjust the percentage allocations or adjust the
759	amount of the fee, or both, under paragraph (8)(h), and, if the
760	board determines that the revenues in the wireless category
761	exceed the amount needed to reimburse wireless providers for the
762	cost to implement E911 services, the board may transfer revenue
763	to the counties from the existing funds within the wireless
764	category. The board shall disburse the funds equitably to all
765	counties using a timeframe and distribution methodology
766	established by the board.
767	4.  Review documentation submitted by wireless providers
768	which reflects current and projected funds derived from the E911
769	fee, and the expenses incurred and expected to be incurred, in
770	order to comply with the E911 service requirements contained in
771	the order for the purposes of:
772	a.  Ensuring that wireless providers receive fair and
773	equitable distributions of funds from the fund.
774	b.  Ensuring that wireless providers are not provided
775	disbursements from the fund which exceed the costs of providing
776	E911 service, including the costs of complying with the order.
777	c.  Ascertaining the projected costs of compliance with the
778	requirements of the order and projected collections of the E911
779	fee.
780	d.  Implementing changes to the allocation percentages or
781	adjusting reducing the E911 fee under paragraph (8)(i) (8)(c).
782	5.  Meet monthly in the most efficient and cost-effective
783	manner, including telephonically when practical, for the
784	business to be conducted, to review and approve or reject, in
785	whole or in part, applications submitted by wireless providers
786	for recovery of moneys deposited into the wireless category, and
787	to authorize the transfer of, and distribute, the fee allocation
788	to the counties fund.
789	6.  Hire and retain employees, which may include an
790	independent executive director who shall possess experience in
791	the area of telecommunications and emergency 911 issues, for the
792	purposes of performing the technical and administrative
793	functions for the board.
794	7.  Make and enter into contracts, pursuant to chapter 287,
795	and execute other instruments necessary or convenient for the
796	exercise of the powers and functions of the board.
797	8.  Take all necessary and reasonable steps by July 1,
798	2000, to secure appropriate information and reports from
799	providers and otherwise perform all of the functions that would
800	be performed by an independent accounting firm prior to
801	completing the request-for-proposals process under subsection
802	(7).
803	8.9.  Sue and be sued, and appear and defend in all actions
804	and proceedings, in its corporate name to the same extent as a
805	natural person.
806	9.10.  Adopt, use, and alter a common corporate seal.
807	10.11.  Elect or appoint the officers and agents that are
808	required by the affairs of the board.
809	11.12.  The board may adopt rules under ss. 120.536(1) and
810	120.54 to implement this section and ss. 365.173 and 365.174.
811	12.13.  Provide coordination, support, and technical
812	assistance to counties to promote the deployment of advanced 911
813	and E911 systems in the state.
814	13.14.  Provide coordination and support for educational
815	opportunities related to E911 911 issues for the E911 911
816	community in this state.
817	14.15.  Act as an advocate for issues related to E911 911
818	system functions, features, and operations to improve the
819	delivery of E911 911 services to the residents of and visitors
820	to this state.
821	15.16.  Coordinate input from this state at national forums
822	and associations, to ensure that policies related to E911 911
823	systems and services are consistent with the policies of the
824	E911 911 community in this state.
825	16.17.  Work cooperatively with the system director
826	established in s. 365.171(5) to enhance the state of E911 911
827	services in this state and to provide unified leadership for all
828	E911 911 issues through planning and coordination.
829	17.18.  Do all acts and things necessary or convenient to
830	carry out the powers granted in this section in a manner that is
831	competitively and technologically neutral as to all voice
832	communications services providers, including, but not limited
833	to, consideration of emerging technology and related cost
834	savings, while taking into account embedded costs in current
835	systems.
836	18.19.  Have the authority to secure the services of an
837	independent, private attorney via invitation to bid, request for
838	proposals, invitation to negotiate, or professional contracts
839	for legal services already established at the Division of
840	Purchasing of the Department of Management Services.
841	(b)  Board members shall serve without compensation;
842	however, members are entitled to per diem and travel expenses as
843	provided in s. 112.061.
844	(c)  By February 28 of each year, the board shall prepare a
845	report for submission by the office to the Governor, the
846	President of the Senate, and the Speaker of the House of
847	Representatives which addresses for the immediately preceding
848	calendar year: reflects, for the immediately preceding calendar
849	year, the quarterly and annual receipts and disbursements of
850	moneys in the fund, the purposes for which disbursements of
851	moneys from the fund have been made, and the availability and
852	status of implementation of E911 service in this state.
853	(d)  By February 28, 2001, the board shall undertake and
854	complete a study for submission by the office to the Governor,
855	the President of the Senate, and the Speaker of the House of
856	Representatives which addresses:
857	1.  The annual receipts, including the total amount of E911
858	fee revenues collected by each provider, the total disbursements
859	of money in the fund, including the amount of fund-reimbursed
860	expenses incurred by each wireless provider to comply with the
861	order, and the amount of moneys on deposit in the fund, all as
862	of December 1, 2000.
863	2.  Whether the amount of the E911 fee and the allocation
864	percentages set forth in s. 365.173 have been or should be
865	adjusted to comply with the requirements of the order or other
866	provisions of this chapter, and the reasons for making or not
867	making, if so, a recommended adjustment to the E911 fee.
868	3.  Any other issues related to providing wireless E911
869	services.
870	4.  The status of E911 services in this state.
871	(7)  REQUEST FOR PROPOSALS FOR INDEPENDENT ACCOUNTING
872	FIRM.--
873	(a)  The board shall issue a request for proposals as
874	provided in chapter 287 for the purpose of retaining an
875	independent accounting firm. The independent accounting firm
876	shall perform all material administrative and accounting tasks
877	and functions required for administering the E911 fee. The
878	request for proposals must include, but need not be limited to:
879	1.  A description of the scope and general requirements of
880	the services requested.
881	2.  A description of the specific accounting and reporting
882	services required for administering the fund, including
883	processing checks and distributing funds as directed by the
884	board under s. 365.173.
885	3.  A description of information to be provided by the
886	proposer, including the proposer's background and qualifications
887	and the proposed cost of the services to be provided.
888	(b)  The board shall establish a committee to review
889	requests for proposals which must include the statewide E911 911
890	system director designated under s. 365.171(5), or his or her
891	designee, and two members of the board, one of whom is a county
892	911 coordinator and one of whom represents a voice
893	communications services provider the wireless telecommunications
894	industry. The review committee shall review the proposals
895	received by the board and recommend an independent accounting
896	firm to the board for final selection. By agreeing to serve on
897	the review committee, each member of the review committee shall
898	verify that he or she does not have any interest or employment,
899	directly or indirectly, with potential proposers which conflicts
900	in any manner or degree with his or her performance on the
901	committee.
902	(c)  After July 1, 2004, the board may secure the services
903	of an independent accounting firm via invitation to bid, request
904	for proposals, invitation to negotiate, or professional
905	contracts already established at the Division of Purchasing,
906	Department of Management Services, for certified public
907	accounting firms, or the board may hire and retain professional
908	accounting staff to accomplish these functions.
909	(8)  WIRELESS E911 FEE.--
910	(a)  Each voice communications services home service
911	provider shall collect the a monthly fee described in this
912	subsection imposed on each customer whose place of primary use
913	is within this state. Each provider, as part of its monthly
914	billing process, shall bill the fee as follows. The fee shall
915	not be assessed on any pay telephone in the state.
916	1.  Each local exchange carrier shall bill the fee to the
917	local exchange subscribers on a service-identifier basis, up to
918	a maximum of 25 access lines per account bill rendered.
919	2.  Except in the case of prepaid wireless service, each
920	wireless provider shall bill the fee to a subscriber on a per-
921	service-identifier basis for service identifiers whose primary
922	place of use is within this state. Before July 1, 2009, the fee
923	shall not be assessed on or collected from a provider with
924	respect to an end user's service if that end user's service is a
925	prepaid calling arrangement that is subject to s. 212.05(1)(e).
926	a.  The board shall conduct a study to determine whether it
927	is feasible to collect E911 fees from the sale of prepaid
928	wireless service. If, based on the findings of the study, the
929	board determines that a fee should not be collected from the
930	sale of prepaid wireless service, it shall report its findings
931	and recommendation to the Governor, the President of the Senate,
932	and the Speaker of the House of Representatives by December 31,
933	2008. If the board determines that a fee should be collected
934	from the sale of prepaid wireless service, the board shall
935	collect the fee beginning July 1, 2009.
936	b.  For purposes of this section, the term:
937	(I)  "Prepaid wireless service" means the right to access
938	telecommunications services that must be paid for in advance and
939	is sold in predetermined units or dollars enabling the
940	originator to make calls such that the number of units or
941	dollars declines with use in a known amount.
942	(II)  "Prepaid wireless service providers" includes those
943	persons who sell prepaid wireless service regardless of its
944	form, either as a retailer or reseller.
945	c.  The study must include an evaluation of methods by
946	which E911 fees may be collected from end users and purchasers
947	of prepaid wireless service on an equitable, efficient,
948	competitively neutral, and nondiscriminatory basis and must
949	consider whether the collection of fees on prepaid wireless
950	service would constitute an efficient use of public funds given
951	the technological and practical considerations of collecting the
952	fee based on the varying methodologies prepaid wireless service
953	providers and their agents use in marketing prepaid wireless
954	service.
955	d.  The study must include a review and evaluation of the
956	collection of E911 fees on prepaid wireless service at the point
957	of sale within the state. This evaluation must be consistent
958	with the collection principles of end user charges such as those
959	in s. 212.05(1)(e).
960	e.  No later than 90 days after this section becomes law,
961	the board shall require all prepaid wireless service providers,
962	including resellers, to provide the board with information that
963	the board determines is necessary to discharge its duties under
964	this section, including information necessary for its
965	recommendation, such as total retail and reseller prepaid
966	wireless service sales.
967	f.  All subscriber information provided by a prepaid
968	wireless service provider in response to a request from the
969	board while conducting this study is subject to s. 365.174.
970	g.  The study shall be conducted by an entity competent and
971	knowledgeable in matters of state taxation policy if the board
972	does not possess that expertise. The study must be paid from the
973	moneys distributed to the board for administrative purposes
974	under s. 365.173(2)(f) but may not exceed $250,000.
975	3.  All voice communications services providers not
976	addressed under subparagraphs 1. and 2. shall bill the fee on a
977	per-service-identifier basis for service identifiers whose
978	primary place of use is within the state up to a maximum of 25
979	service identifiers for each account bill rendered.
980
981	The provider may list the fee as a separate entry on each bill,
982	in which case the fee must be identified as a fee for E911
983	services. A provider shall remit the fee to the board only if
984	the fee is paid by the subscriber. If a provider receives a
985	partial payment for a monthly bill from a subscriber, the amount
986	received shall first be applied to the payment due the provider
987	for providing voice communications service.
988	(b)  A provider is not obligated to take any legal action
989	to enforce collection of the fees for which any subscriber is
990	billed. A county subscribing to 911 service remains liable to
991	the provider delivering the 911 service or equipment for any 911
992	service, equipment, operation, or maintenance charge owed by the
993	county to the provider.
994	(c)  For purposes of this section, the state and local
995	governments are not subscribers customers.
996	(d)  Each provider may retain 1 percent of the amount of
997	the fees collected as reimbursement for the administrative costs
998	incurred by the provider to bill, collect, and remit the fee.
999	The remainder shall be delivered to the board and deposited by
1000	the board into the fund. The board shall distribute the
1001	remainder pursuant to s. 365.173.
1002	(e)  Effective September 1, 2007, voice communications
1003	services providers billing the fee to subscribers shall deliver
1004	revenues from the fee to the board within 60 days after the end
1005	of the month in which the fee was billed, together with a
1006	monthly report of the number of service identifiers in each
1007	county. Each wireless provider and other applicable provider
1008	identified in subparagraph (a)3. shall report the number of
1009	service identifiers for subscribers whose place of primary use
1010	is in each county. All provider subscriber information provided
1011	to the board is subject to s. 365.174. If a provider chooses to
1012	remit any fee amounts to the board before they are paid by the
1013	subscribers, a provider may apply to the board for a refund of,
1014	or may take a credit for, any such fees remitted to the board
1015	which are not collected by the provider within 6 months
1016	following the month in which the fees are charged off for
1017	federal income tax purposes as bad debt.
1018	(f)  The rate of the fee shall be set by the board after
1019	considering the factors set forth in paragraphs (h) and (i), but
1020	may not exceed 50 cents per month per each service identifier
1021	number, beginning August 1, 1999. The fee shall apply uniformly
1022	and be imposed throughout the state, except for those counties
1023	that, before July 1, 2007, had adopted an ordinance or
1024	resolution establishing a fee less than 50 cents per month per
1025	access line. In those counties the fee established by ordinance
1026	may be changed only to the uniform statewide rate no sooner than
1027	30 days after notification is made by the county's board of
1028	county commissioners to the board.
1029	(g)  It is the intent of the Legislature that all revenue
1030	from the fee be used as specified in s. 365.173(2)(a)-(i).
1031	(h)  No later than November 1, 2007, the board may adjust
1032	the allocation percentages for distribution of the fund as
1033	provided in s. 365.173. When setting the percentages and
1034	contemplating any adjustments to the fee, the board shall
1035	consider the following:
1036	1.  The revenues currently allocated for wireless service
1037	provider costs for implementing E911 service and projected costs
1038	for implementing E911 service, including recurring costs for
1039	Phase I and Phase II and the effect of new technologies;
1040	2.  The appropriate level of funding needed to fund the
1041	rural grant program provided for in s. 365.173(2)(g); and
1042	3.  The need to fund statewide, regional, and county grants
1043	in accordance with sub-subparagraph (6)(a)3.b.
1044	(b)  The fee is established to ensure full recovery for
1045	providers and for counties, over a reasonable period, of the
1046	costs associated with developing and maintaining an E911 system
1047	on a technologically and competitively neutral basis.
1048	(i)(c)  After July 1, 2001, The board may adjust the
1049	allocation percentages or adjust provided in s. 365.173 or
1050	reduce the amount of the fee, or both, if necessary to ensure
1051	full cost recovery or prevent overrecovery of costs incurred in
1052	the provision of E911 service, including costs incurred or
1053	projected to be incurred to comply with the order. Any new
1054	allocation percentages or reduced or increased fee may not be
1055	adjusted for 1 year. The fee may not exceed 50 cents per month
1056	per each service identifier number. The board-established fee,
1057	and any board adjustment of the fee, shall be uniform throughout
1058	the state, except for the counties identified in paragraph (f).
1059	No less than 90 days before the effective date of any adjustment
1060	to the fee, the board shall provide written notice of the
1061	adjusted fee amount and effective date to each voice
1062	communications services provider from which the board is then
1063	receiving the fee.
1064	(j)(d)  State and local taxes do not apply to the fee.
1065	(k)(e)  A local government may not levy the fee or any
1066	additional fee on wireless providers or subscribers for the
1067	provision of E911 service.
1068	(l)  For purposes of this section, the definitions
1069	contained in s. 202.11 and the provisions of s. 202.155 apply in
1070	the same manner and to the same extent as the definitions and
1071	provisions apply to the taxes levied under chapter 202 on mobile
1072	communications services.
1073	(9)  AUTHORIZED EXPENDITURES OF E911 FEE.--
1074	(a)  For purposes of this section, E911 service includes
1075	the functions of database management, call taking, location
1076	verification, and call transfer.
1077	(b)  All costs directly attributable to the establishment
1078	or provision of E911 service and contracting for E911 services
1079	are eligible for expenditure of moneys derived from imposition
1080	of the fee authorized by this section. These costs include the
1081	acquisition, implementation, and maintenance of Public Safety
1082	Answering Point (PSAP) equipment and E911 service features, as
1083	defined in the Public Service Commission's lawfully approved 911
1084	and E911 and related tariffs or the acquisition, installation,
1085	and maintenance of other E911 equipment, including call
1086	answering equipment, call transfer equipment, ANI controllers,
1087	ALI controllers, ANI displays, ALI displays, station
1088	instruments, E911 telecommunications systems, visual call
1089	information and storage devices, recording equipment, telephone
1090	devices and other equipment for the hearing impaired used in the
1091	E911 system, PSAP backup power systems, consoles, automatic call
1092	distributors, and interfaces, including hardware and software,
1093	for computer-aided dispatch (CAD) systems, integrated CAD
1094	systems for that portion of the systems used for E911 call
1095	taking, network clocks, salary and associated expenses for E911
1096	call takers for that portion of their time spent taking and
1097	transferring E911 calls, salary and associated expenses for a
1098	county to employ a full-time equivalent E911 coordinator
1099	position and a full-time equivalent mapping or geographical data
1100	position and a staff assistant position per county for the
1101	portion of their time spent administrating the E911 system,
1102	training costs for PSAP call takers, supervisors, and managers
1103	in the proper methods and techniques used in taking and
1104	transferring E911 calls, costs to train and educate PSAP
1105	employees regarding E911 service or E911 equipment, and expenses
1106	required to develop and maintain all information, including ALI
1107	and ANI databases and other information source repositories,
1108	necessary to properly inform calltakers as to location address,
1109	type of emergency, and other information directly relevant to
1110	the E911 call-taking and transferring function. Moneys derived
1111	from the fee may also be used for next-generation E911 network
1112	services, next-generation E911 database services, next-
1113	generation E911 equipment, and wireless E911 routing systems.
1114	(c)  The moneys may not be used to pay for any item not
1115	listed in this subsection, including, but not limited to, any
1116	capital or operational costs for emergency responses which occur
1117	after the call transfer to the responding public safety entity
1118	and the costs for constructing, leasing, maintaining, or
1119	renovating buildings, except for those building modifications
1120	necessary to maintain the security and environmental integrity
1121	of the PSAP and E911 equipment rooms.
1122	(10)  LIABILITY OF COUNTIES.--A county subscribing to 911
1123	service remains liable to the local exchange carrier for any 911
1124	service, equipment, operation, or maintenance charge owed by the
1125	county to the local exchange carrier. As used in this
1126	subsection, the term "local exchange carrier" means a local
1127	exchange telecommunications service provider of 911 service or
1128	equipment to any county within its certificated area.
1129	(11)  INDEMNIFICATION AND LIMITATION OF LIABILITY.--Local
1130	governments are authorized to undertake to indemnify local
1131	exchange carriers against liability in accordance with the
1132	lawfully filed tariffs of the company. Notwithstanding an
1133	indemnification agreement, a voice communications services
1134	provider is not liable for damages resulting from or in
1135	connection with 911 or E911 service, or for identification of
1136	the telephone number, or address, or name associated with any
1137	person accessing 911 or E911 service, unless the voice
1138	communications services provider acted with malicious purpose or
1139	in a manner exhibiting wanton and willful disregard of the
1140	rights, safety, or property of a person when providing such
1141	services. A voice communications services provider is not liable
1142	for damages to any person resulting from or in connection with
1143	the provider's provision of any lawful assistance to any
1144	investigative or law enforcement officer of the United States,
1145	this state, or a political subdivision thereof, or of any other
1146	state or political subdivision thereof, in connection with any
1147	lawful investigation or other law enforcement activity by such
1148	law enforcement officer.
1149	(9)  MANAGEMENT OF FUNDS.--
1150	(a)  Each provider, as a part of its monthly billing
1151	process, shall collect the fee imposed under subsection (8). The
1152	provider may list the fee as a separate entry on each bill, in
1153	which case the fee must be identified as a fee for E911
1154	services. A provider shall remit the fee only if the fee is paid
1155	by the subscriber. If a provider receives a partial payment for
1156	a monthly bill from a subscriber, the amount received shall
1157	first be applied to the payment due the provider for the
1158	provision of telecommunications service.
1159	(b)  In the case of prepaid wireless telephone service, the
1160	monthly wireless 911 surcharge imposed by subsection (8) shall
1161	be remitted based upon each prepaid wireless telephone
1162	associated with this state, for each wireless service customer
1163	that has a sufficient positive balance as of the last day of
1164	each month. The surcharge shall be remitted in any manner
1165	consistent with the wireless provider's existing operating or
1166	technological abilities, such as customer address, location
1167	associated with the MTN, or reasonable allocation method based
1168	upon other comparable relevant data. The surcharge amount or an
1169	equivalent number of minutes may be reduced from the prepaid
1170	subscriber's account since a direct billing may not be possible.
1171	However, collection of the wireless 911 surcharge in the manner
1172	of a reduction of value or minutes from the prepaid subscriber's
1173	account does not constitute a reduction in the sales price for
1174	purposes of taxes that are collected at the point of sale.
1175	(c)  A provider is not obligated to take any legal action
1176	to enforce collection of the fees for which any subscriber is
1177	billed. The provider shall provide to the board each quarter a
1178	list of the names, addresses, and service numbers of all
1179	subscribers who have indicated to the provider their refusal to
1180	pay the fee.
1181	(d)  Each provider may retain 1 percent of the amount of
1182	the fees collected as reimbursement for the administrative costs
1183	incurred by the provider to bill, collect, and remit the fee.
1184	The remainder shall be delivered to the board and deposited in
1185	the fund. The board shall distribute the remainder pursuant to
1186	s. 365.173.
1187	(e)  Each provider shall deliver revenues from the fee to
1188	the board within 60 days after the end of the month in which the
1189	fee was billed, together with a monthly report of the number of
1190	wireless customers whose place of primary use is in each county.
1191	A provider may apply to the board for a refund of, or may take a
1192	credit for, any fees remitted to the board which are not
1193	collected by the provider within 6 months following the month in
1194	which the fees are charged off for federal income tax purposes
1195	as bad debt. The board may waive the requirement that the fees
1196	and number of customers whose place of primary use is in each
1197	county be submitted to the board each month and authorize a
1198	provider to submit the fees and number of customers quarterly if
1199	the provider demonstrates that such waiver is necessary and
1200	justified.
1201	(f)  For purposes of this section, the definitions
1202	contained in s. 202.11 and the provisions of s. 202.155 apply in
1203	the same manner and to the same extent as such definitions and
1204	provisions apply to the taxes levied pursuant to chapter 202 on
1205	mobile communications services.
1206	(g)  As used in this subsection, the term "provider"
1207	includes any person or entity that resells wireless service and
1208	was not assessed the fee by its resale supplier.
1209	(10)  PROVISION OF SERVICES.--In accordance with the order,
1210	a provider is not required to provide E911 service until:
1211	(a)  The provider receives a request in writing for such
1212	service from the county 911 coordinator and the affected
1213	answering point is capable of receiving and using the data
1214	elements associated with the service.
1215	(b)  Funds are available under s. 365.173(2)(b).
1216	(c)  The local exchange carrier is able to support the E911
1217	system.
1218	(d)  The service area has been scheduled for implementation
1219	of E911 service by the board pursuant to subparagraph (6)(a)3.
1220	If a county's 911 coordinator requests E911 service from a
1221	provider, the coordinator shall also request E911 service from
1222	all other providers in the area in a nondiscriminatory and fair
1223	manner.
1224	(12)(11)  FACILITATING E911 SERVICE IMPLEMENTATION.--To
1225	balance the public need for reliable E911 services through
1226	reliable wireless systems and the public interest served by
1227	governmental zoning and land development regulations and
1228	notwithstanding any other law or local ordinance to the
1229	contrary, the following standards shall apply to a local
1230	government's actions, as a regulatory body, in the regulation of
1231	the placement, construction, or modification of a wireless
1232	communications facility. This subsection shall not, however, be
1233	construed to waive or alter the provisions of s. 286.011 or s.
1234	286.0115. For the purposes of this subsection only, "local
1235	government" shall mean any municipality or county and any agency
1236	of a municipality or county only. The term "local government"
1237	does not, however, include any airport, as defined by s.
1238	330.27(2), even if it is owned or controlled by or through a
1239	municipality, county, or agency of a municipality or county.
1240	Further, notwithstanding anything in this section to the
1241	contrary, this subsection does not apply to or control a local
1242	government's actions as a property or structure owner in the use
1243	of any property or structure owned by such entity for the
1244	placement, construction, or modification of wireless
1245	communications facilities. In the use of property or structures
1246	owned by the local government, however, a local government may
1247	not use its regulatory authority so as to avoid compliance with,
1248	or in a manner that does not advance, the provisions of this
1249	subsection.
1250	(a)  Collocation among wireless providers is encouraged by
1251	the state.
1252	1.a.  Collocations on towers, including nonconforming
1253	towers, that meet the requirements in sub-sub-subparagraphs (I),
1254	(II), and (III), are subject to only building permit review,
1255	which may include a review for compliance with this
1256	subparagraph. Such collocations are not subject to any design or
1257	placement requirements of the local government's land
1258	development regulations in effect at the time of the collocation
1259	that are more restrictive than those in effect at the time of
1260	the initial antennae placement approval, to any other portion of
1261	the land development regulations, or to public hearing review.
1262	This sub-subparagraph shall not preclude a public hearing for
1263	any appeal of the decision on the collocation application.
1264	(I)  The collocation does not increase the height of the
1265	tower to which the antennae are to be attached, measured to the
1266	highest point of any part of the tower or any existing antenna
1267	attached to the tower;
1268	(II)  The collocation does not increase the ground space
1269	area, commonly known as the compound, approved in the site plan
1270	for equipment enclosures and ancillary facilities; and
1271	(III)  The collocation consists of antennae, equipment
1272	enclosures, and ancillary facilities that are of a design and
1273	configuration consistent with all applicable regulations,
1274	restrictions, or conditions, if any, applied to the initial
1275	antennae placed on the tower and to its accompanying equipment
1276	enclosures and ancillary facilities and, if applicable, applied
1277	to the tower supporting the antennae. Such regulations may
1278	include the design and aesthetic requirements, but not
1279	procedural requirements, other than those authorized by this
1280	section, of the local government's land development regulations
1281	in effect at the time the initial antennae placement was
1282	approved.
1283	b.  Except for a historic building, structure, site,
1284	object, or district, or a tower included in sub-subparagraph a.,
1285	collocations on all other existing structures that meet the
1286	requirements in sub-sub-subparagraphs (I)-(IV) shall be subject
1287	to no more than building permit review, and an administrative
1288	review for compliance with this subparagraph. Such collocations
1289	are not subject to any portion of the local government's land
1290	development regulations not addressed herein, or to public
1291	hearing review. This sub-subparagraph shall not preclude a
1292	public hearing for any appeal of the decision on the collocation
1293	application.
1294	(I)  The collocation does not increase the height of the
1295	existing structure to which the antennae are to be attached,
1296	measured to the highest point of any part of the structure or
1297	any existing antenna attached to the structure;
1298	(II)  The collocation does not increase the ground space
1299	area, otherwise known as the compound, if any, approved in the
1300	site plan for equipment enclosures and ancillary facilities;
1301	(III)  The collocation consists of antennae, equipment
1302	enclosures, and ancillary facilities that are of a design and
1303	configuration consistent with any applicable structural or
1304	aesthetic design requirements and any requirements for location
1305	on the structure, but not prohibitions or restrictions on the
1306	placement of additional collocations on the existing structure
1307	or procedural requirements, other than those authorized by this
1308	section, of the local government's land development regulations
1309	in effect at the time of the collocation application; and
1310	(IV)  The collocation consists of antennae, equipment
1311	enclosures, and ancillary facilities that are of a design and
1312	configuration consistent with all applicable restrictions or
1313	conditions, if any, that do not conflict with sub-sub-
1314	subparagraph (III) and were applied to the initial antennae
1315	placed on the structure and to its accompanying equipment
1316	enclosures and ancillary facilities and, if applicable, applied
1317	to the structure supporting the antennae.
1318	c.  Regulations, restrictions, conditions, or permits of
1319	the local government, acting in its regulatory capacity, that
1320	limit the number of collocations or require review processes
1321	inconsistent with this subsection shall not apply to
1322	collocations addressed in this subparagraph.
1323	d.  If only a portion of the collocation does not meet the
1324	requirements of this subparagraph, such as an increase in the
1325	height of the proposed antennae over the existing structure
1326	height or a proposal to expand the ground space approved in the
1327	site plan for the equipment enclosure, where all other portions
1328	of the collocation meet the requirements of this subparagraph,
1329	that portion of the collocation only may be reviewed under the
1330	local government's regulations applicable to an initial
1331	placement of that portion of the facility, including, but not
1332	limited to, its land development regulations, and within the
1333	review timeframes of subparagraph (d)2., and the rest of the
1334	collocation shall be reviewed in accordance with this
1335	subparagraph. A collocation proposal under this subparagraph
1336	that increases the ground space area, otherwise known as the
1337	compound, approved in the original site plan for equipment
1338	enclosures and ancillary facilities by no more than a cumulative
1339	amount of 400 square feet or 50 percent of the original compound
1340	size, whichever is greater, shall, however, require no more than
1341	administrative review for compliance with the local government's
1342	regulations, including, but not limited to, land development
1343	regulations review, and building permit review, with no public
1344	hearing review. This sub-subparagraph shall not preclude a
1345	public hearing for any appeal of the decision on the collocation
1346	application.
1347	2.  If a collocation does not meet the requirements of
1348	subparagraph 1., the local government may review the application
1349	under the local government's regulations, including, but not
1350	limited to, land development regulations, applicable to the
1351	placement of initial antennae and their accompanying equipment
1352	enclosure and ancillary facilities.
1353	3.  If a collocation meets the requirements of subparagraph
1354	1., the collocation shall not be considered a modification to an
1355	existing structure or an impermissible modification of a
1356	nonconforming structure.
1357	4.  The owner of the existing tower on which the proposed
1358	antennae are to be collocated shall remain responsible for
1359	compliance with any applicable condition or requirement of a
1360	permit or agreement, or any applicable condition or requirement
1361	of the land development regulations to which the existing tower
1362	had to comply at the time the tower was permitted, including any
1363	aesthetic requirements, provided the condition or requirement is
1364	not inconsistent with this paragraph.
1365	5.  An existing tower, including a nonconforming tower, may
1366	be structurally modified in order to permit collocation or may
1367	be replaced through no more than administrative review and
1368	building permit review, and is not subject to public hearing
1369	review, if the overall height of the tower is not increased and,
1370	if a replacement, the replacement tower is a monopole tower or,
1371	if the existing tower is a camouflaged tower, the replacement
1372	tower is a like-camouflaged tower. This subparagraph shall not
1373	preclude a public hearing for any appeal of the decision on the
1374	application.
1375	(b)1.  A local government's land development and
1376	construction regulations for wireless communications facilities
1377	and the local government's review of an application for the
1378	placement, construction, or modification of a wireless
1379	communications facility shall only address land development or
1380	zoning issues. In such local government regulations or review,
1381	the local government may not require information on or evaluate
1382	a wireless provider's business decisions about its service,
1383	customer demand for its service, or quality of its service to or
1384	from a particular area or site, unless the wireless provider
1385	voluntarily offers this information to the local government. In
1386	such local government regulations or review, a local government
1387	may not require information on or evaluate the wireless
1388	provider's designed service unless the information or materials
1389	are directly related to an identified land development or zoning
1390	issue or unless the wireless provider voluntarily offers the
1391	information. Information or materials directly related to an
1392	identified land development or zoning issue may include, but are
1393	not limited to, evidence that no existing structure can
1394	reasonably be used for the antennae placement instead of the
1395	construction of a new tower, that residential areas cannot be
1396	served from outside the residential area, as addressed in
1397	subparagraph 3., or that the proposed height of a new tower or
1398	initial antennae placement or a proposed height increase of a
1399	modified tower, replacement tower, or collocation is necessary
1400	to provide the provider's designed service. Nothing in this
1401	paragraph shall limit the local government from reviewing any
1402	applicable land development or zoning issue addressed in its
1403	adopted regulations that does not conflict with this section,
1404	including, but not limited to, aesthetics, landscaping, land use
1405	based location priorities, structural design, and setbacks.
1406	2.  Any setback or distance separation required of a tower
1407	may not exceed the minimum distance necessary, as determined by
1408	the local government, to satisfy the structural safety or
1409	aesthetic concerns that are to be protected by the setback or
1410	distance separation.
1411	3.  A local government may exclude the placement of
1412	wireless communications facilities in a residential area or
1413	residential zoning district but only in a manner that does not
1414	constitute an actual or effective prohibition of the provider's
1415	service in that residential area or zoning district. If a
1416	wireless provider demonstrates to the satisfaction of the local
1417	government that the provider cannot reasonably provide its
1418	service to the residential area or zone from outside the
1419	residential area or zone, the municipality or county and
1420	provider shall cooperate to determine an appropriate location
1421	for a wireless communications facility of an appropriate design
1422	within the residential area or zone. The local government may
1423	require that the wireless provider reimburse the reasonable
1424	costs incurred by the local government for this cooperative
1425	determination. An application for such cooperative determination
1426	shall not be considered an application under paragraph (d).
1427	4.  A local government may impose a reasonable fee on
1428	applications to place, construct, or modify a wireless
1429	communications facility only if a similar fee is imposed on
1430	applicants seeking other similar types of zoning, land use, or
1431	building permit review. A local government may impose fees for
1432	the review of applications for wireless communications
1433	facilities by consultants or experts who conduct code compliance
1434	review for the local government but any fee is limited to
1435	specifically identified reasonable expenses incurred in the
1436	review. A local government may impose reasonable surety
1437	requirements to ensure the removal of wireless communications
1438	facilities that are no longer being used.
1439	5.  A local government may impose design requirements, such
1440	as requirements for designing towers to support collocation or
1441	aesthetic requirements, except as otherwise limited in this
1442	section, but shall not impose or require information on
1443	compliance with building code type standards for the
1444	construction or modification of wireless communications
1445	facilities beyond those adopted by the local government under
1446	chapter 553 and that apply to all similar types of construction.
1447	(c)  Local governments may not require wireless providers
1448	to provide evidence of a wireless communications facility's
1449	compliance with federal regulations, except evidence of
1450	compliance with applicable Federal Aviation Administration
1451	requirements under 14 C.F.R. s. 77, as amended, and evidence of
1452	proper Federal Communications Commission licensure, or other
1453	evidence of Federal Communications Commission authorized
1454	spectrum use, but may request the Federal Communications
1455	Commission to provide information as to a wireless provider's
1456	compliance with federal regulations, as authorized by federal
1457	law.
1458	(d)1.  A local government shall grant or deny each properly
1459	completed application for a collocation under subparagraph (a)1.
1460	based on the application's compliance with the local
1461	government's applicable regulations, as provided for in
1462	subparagraph (a)1. and consistent with this subsection, and
1463	within the normal timeframe for a similar building permit review
1464	but in no case later than 45 business days after the date the
1465	application is determined to be properly completed in accordance
1466	with this paragraph.
1467	2.  A local government shall grant or deny each properly
1468	completed application for any other wireless communications
1469	facility based on the application's compliance with the local
1470	government's applicable regulations, including but not limited
1471	to land development regulations, consistent with this subsection
1472	and within the normal timeframe for a similar type review but in
1473	no case later than 90 business days after the date the
1474	application is determined to be properly completed in accordance
1475	with this paragraph.
1476	3.a.  An application is deemed submitted or resubmitted on
1477	the date the application is received by the local government. If
1478	the local government does not notify the applicant in writing
1479	that the application is not completed in compliance with the
1480	local government's regulations within 20 business days after the
1481	date the application is initially submitted or additional
1482	information resubmitted, the application is deemed, for
1483	administrative purposes only, to be properly completed and
1484	properly submitted. However, the determination shall not be
1485	deemed as an approval of the application. If the application is
1486	not completed in compliance with the local government's
1487	regulations, the local government shall so notify the applicant
1488	in writing and the notification must indicate with specificity
1489	any deficiencies in the required documents or deficiencies in
1490	the content of the required documents which, if cured, make the
1491	application properly completed. Upon resubmission of information
1492	to cure the stated deficiencies, the local government shall
1493	notify the applicant, in writing, within the normal timeframes
1494	of review, but in no case longer than 20 business days after the
1495	additional information is submitted, of any remaining
1496	deficiencies that must be cured. Deficiencies in document type
1497	or content not specified by the local government do not make the
1498	application incomplete. Notwithstanding this sub-subparagraph,
1499	if a specified deficiency is not properly cured when the
1500	applicant resubmits its application to comply with the notice of
1501	deficiencies, the local government may continue to request the
1502	information until such time as the specified deficiency is
1503	cured. The local government may establish reasonable timeframes
1504	within which the required information to cure the application
1505	deficiency is to be provided or the application will be
1506	considered withdrawn or closed.
1507	b.  If the local government fails to grant or deny a
1508	properly completed application for a wireless communications
1509	facility within the timeframes set forth in this paragraph, the
1510	application shall be deemed automatically approved and the
1511	applicant may proceed with placement of the facilities without
1512	interference or penalty. The timeframes specified in
1513	subparagraph 2. may be extended only to the extent that the
1514	application has not been granted or denied because the local
1515	government's procedures generally applicable to all other
1516	similar types of applications require action by the governing
1517	body and such action has not taken place within the timeframes
1518	specified in subparagraph 2. Under such circumstances, the local
1519	government must act to either grant or deny the application at
1520	its next regularly scheduled meeting or, otherwise, the
1521	application is deemed to be automatically approved.
1522	c.  To be effective, a waiver of the timeframes set forth
1523	in this paragraph must be voluntarily agreed to by the applicant
1524	and the local government. A local government may request, but
1525	not require, a waiver of the timeframes by the applicant, except
1526	that, with respect to a specific application, a one-time waiver
1527	may be required in the case of a declared local, state, or
1528	federal emergency that directly affects the administration of
1529	all permitting activities of the local government.
1530	(e)  The replacement of or modification to a wireless
1531	communications facility, except a tower, that results in a
1532	wireless communications facility not readily discernibly
1533	different in size, type, and appearance when viewed from ground
1534	level from surrounding properties, and the replacement or
1535	modification of equipment that is not visible from surrounding
1536	properties, all as reasonably determined by the local
1537	government, are subject to no more than applicable building
1538	permit review.
1539	(f)  Any other law to the contrary notwithstanding, the
1540	Department of Management Services shall negotiate, in the name
1541	of the state, leases for wireless communications facilities that
1542	provide access to state government-owned property not acquired
1543	for transportation purposes, and the Department of
1544	Transportation shall negotiate, in the name of the state, leases
1545	for wireless communications facilities that provide access to
1546	property acquired for state rights-of-way. On property acquired
1547	for transportation purposes, leases shall be granted in
1548	accordance with s. 337.251. On other state government-owned
1549	property, leases shall be granted on a space available, first-
1550	come, first-served basis. Payments required by state government
1551	under a lease must be reasonable and must reflect the market
1552	rate for the use of the state government-owned property. The
1553	Department of Management Services and the Department of
1554	Transportation are authorized to adopt rules for the terms and
1555	conditions and granting of any such leases.
1556	(g)  If any person adversely affected by any action, or
1557	failure to act, or regulation, or requirement of a local
1558	government in the review or regulation of the wireless
1559	communication facilities files an appeal or brings an
1560	appropriate action in a court or venue of competent
1561	jurisdiction, following the exhaustion of all administrative
1562	remedies, the matter shall be considered on an expedited basis.
1563	(13)(12)  MISUSE OF WIRELESS 911 OR E911 SYSTEM;
1564	PENALTY.--911 and E911 service must be used solely for emergency
1565	communications by the public. Any person who accesses the number
1566	911 for the purpose of making a false alarm or complaint or
1567	reporting false information that could result in the emergency
1568	response of any public safety agency; any person who knowingly
1569	uses or attempts to use such service for a purpose other than
1570	obtaining public safety assistance;, or any person who knowingly
1571	uses or attempts to use such service in an effort to avoid any
1572	charge for service, commits a misdemeanor of the first degree,
1573	punishable as provided in s. 775.082 or s. 775.083. After being
1574	convicted of unauthorized use of such service four times, a
1575	person who continues to engage in such unauthorized use commits
1576	a felony of the third degree, punishable as provided in s.
1577	775.082, s. 775.083, or s. 775.084. In addition, if the value of
1578	the service or the service charge obtained in a manner
1579	prohibited by this subsection exceeds $100, the person
1580	committing the offense commits a felony of the third degree,
1581	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1582	(14)(13)  STATE LAW NOT PREEMPTED.--This section and ss.
1583	365.173 and 365.174 do not alter any state law that otherwise
1584	regulates voice communications services providers of
1585	telecommunications service.
1586	Section 3.  Two and one-half full-time equivalent positions
1587	are authorized with an associated salary rate of 151,278, and
1588	the sum of $561,834 in recurring funds is appropriated for the
1589	2007-2008 fiscal year from the Emergency Communications Number
1590	E911 System Fund of the Department of Management Services from
1591	revenue received pursuant to s. 365.173, Florida Statutes, for
1592	expenditures related to the creation of the statewide E911
1593	board.
1594	Section 4.  For the 2007-2008 fiscal year, the sum of $56
1595	million in recurring funds is appropriated from the Emergency
1596	Communications Number E911 System Fund in the Department of
1597	Management Services to provide for the distribution of
1598	nonwireless fees to counties.
1599	Section 5.  For the 2007-2008 fiscal year, the sum of
1600	$12,541,000 in recurring funds is appropriated from the
1601	Emergency Communications Number E911 System Fund in the
1602	Department of Management Services to provide for an increase in
1603	the distribution to counties for wireless fees.
1604	Section 6.  For the 2007-2008 fiscal year, the sum of $25
1605	million in nonrecurring funds is appropriated from the Emergency
1606	Communications Number E911 System Fund and placed in reserve in
1607	the Department of Management Services to provide grants to
1608	counties pursuant to s. 365.172(6)(a)3.b., Florida Statutes. The
1609	department is authorized to request the release of funds
1610	pursuant to the provisions in chapter 216, Florida Statutes.
1611	Section 7.  This act shall take effect upon becoming a law.

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