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; exempting prepaid calling arrangements
41	from application of specified provisions relating to gift
42	certificates and credit memos; authorizing additional
43	positions and providing appropriations; providing an
44	effective date.
45
46	Be It Enacted by the Legislature of the State of Florida:
47
48	Section 1.  Section 365.171, Florida Statutes, is amended
49	to read:
50	365.171  Emergency communications telephone number E911
51	state plan. "911."--
52	(1)  SHORT TITLE.--This section may be shall be known and
53	cited as the "Florida Emergency Communications Number E911 State
54	Plan Telephone Act."
55	(2)  LEGISLATIVE INTENT.--It is the intent of the
56	Legislature that the communications number "911" be the
57	designated emergency communications number. A public safety
58	agency may not advertise or otherwise promote the use of any
59	communications number for emergency response services other than
60	"911." It is further the intent of the Legislature to establish
61	and implement and continually update a cohesive statewide
62	emergency communications telephone number "E911" "911" plan for
63	enhanced 911 services which will provide citizens with rapid
64	direct access to public safety agencies by accessing dialing the
65	telephone number "911" with the objective of reducing the
66	response time to situations requiring law enforcement, fire,
67	medical, rescue, and other emergency services.
68	(3)  DEFINITIONS.--As used in this section, the term:
69	(a)  "Office" means the Technology Program within the
70	Department of Management Services, as designated by the
71	secretary of the department State Technology Office.
72	(b)  "Local government" means any city, county, or
73	political subdivision of the state and its agencies.
74	(c)  "Public agency" means the state and any city, county,
75	city and county, municipal corporation, chartered organization,
76	public district, or public authority located in whole or in part
77	within this state which provides, or has authority to provide,
78	firefighting, law enforcement, ambulance, medical, or other
79	emergency services.
80	(d)  "Public safety agency" means a functional division of
81	a public agency which provides firefighting, law enforcement,
82	medical, or other emergency services.
83	(4)  STATE PLAN.--The office shall develop, maintain, and
84	implement appropriate modifications for a statewide emergency
85	communications E911 telephone number "911" system plan. The plan
86	shall provide for:
87	(a)  The establishment of the public agency emergency
88	telephone communications requirements for each entity of local
89	government in the state.
90	(b)  A system to meet specific local government
91	requirements. Such system shall include law enforcement,
92	firefighting, and emergency medical services and may include
93	other emergency services such as poison control, suicide
94	prevention, and emergency management services.
95	(c)  Identification of the mutual aid agreements necessary
96	to obtain an effective E911 "911" system.
97	(d)  A funding provision that identifies which shall
98	identify the cost necessary to implement the E911 "911" system.
99	(e)  A firm implementation schedule which shall include the
100	installation of the "911" system in a local community within 24
101	months after the designated agency of the local government gives
102	a firm order to the telephone utility for a "911" system.
103
104	The office shall be responsible for the implementation and
105	coordination of such plan. The office shall adopt any necessary
106	rules and schedules related to public agencies for implementing
107	and coordinating the such plan, pursuant to chapter 120. The
108	public agency designated in the plan shall order such system
109	within 6 months after publication date of the plan if the public
110	agency is in receipt of funds appropriated by the Legislature
111	for the implementation and maintenance of the "911" system. Any
112	jurisdiction which has utilized local funding as of July 1,
113	1976, to begin the implementation of the state plan as set forth
114	in this section shall be eligible for at least a partial
115	reimbursement of its direct cost when, and if, state funds are
116	available for such reimbursement.
117	(5)  SYSTEM DIRECTOR.--The secretary of the department
118	director of the office or his or her designee is designated as
119	the director of the statewide emergency communications telephone
120	number E911 "911" system and, for the purpose of carrying out
121	the provisions of this section, is authorized to coordinate the
122	activities of the system with state, county, local, and private
123	agencies. The director is authorized to employ not less than
124	five persons, three of whom will be at the professional level,
125	one at the secretarial level, and one to fill a fiscal position,
126	for the purpose of carrying out the provisions of this section.
127	The director in implementing the system shall consult,
128	cooperate, and coordinate with local law enforcement agencies.
129	(6)  REGIONAL SYSTEMS.--Nothing in This section does not
130	shall be construed to prohibit or discourage the formation of
131	multijurisdictional or regional systems; and any system
132	established pursuant to this section may include the
133	jurisdiction, or any portion thereof, of more than one public
134	agency. It is the intent of the Legislature that E911 service be
135	available throughout the state. Expenditure by counties of the
136	E911 fee authorized and imposed under s. 365.172 should support
137	this intent to the greatest extent feasible within the context
138	of local service needs and fiscal capability. This section does
139	not prohibit two or more counties from establishing a combined
140	emergency E911 communications service by an interlocal agreement
141	and using the fees authorized and imposed by s. 365.172 for such
142	combined E911 service.
143	(7)  TELECOMMUNICATIONS TELEPHONE INDUSTRY
144	COORDINATION.--The office shall coordinate with the Florida
145	Public Service Commission which shall encourage the Florida
146	telecommunications telephone industry to activate facility
147	modification plans for a timely E911 "911" implementation.
148	(8)  COIN TELEPHONES.--The Florida Public Service
149	Commission shall establish rules to be followed by the
150	telecommunications companies telephone utilities in this state
151	designed toward encouraging the provision of coin-free dialing
152	of "911" calls wherever economically practicable and in the
153	public interest.
154	(9)  SYSTEM APPROVAL.--No emergency communications
155	telephone number E911 "911" system shall be established and no
156	present system shall be expanded without prior approval of the
157	office.
158	(10)  COMPLIANCE.--All public agencies shall assist the
159	office in their efforts to carry out the intent of this section,
160	and such agencies shall comply with the developed plan.
161	(11)  EXISTING EMERGENCY TELEPHONE SERVICE.--Any emergency
162	telephone number established by any local government or state
163	agency prior to July 1, 1974, using a number other than "911"
164	shall be changed to "911" on the same implementation schedule
165	provided in paragraph (4)(e).
166	(11)(12)  FEDERAL ASSISTANCE.--The secretary of the
167	department office or his or her designee may apply for and
168	accept federal funding assistance in the development and
169	implementation of a statewide emergency communications telephone
170	number E911 "911" system.
171	(13)  "911" FEE.--
172	(a)  Following approval by referendum as set forth in
173	paragraph (b), or following approval by a majority vote of its
174	board of county commissioners, a county may impose a "911" fee
175	to be paid by the local exchange subscribers within its
176	boundaries served by the "911" service. Proceeds from the "911"
177	fee shall be used only for "911" expenditures as set forth in
178	subparagraph 6. The manner of imposing and collecting said
179	payment shall be as follows:
180	1.  At the request of the county subscribing to "911"
181	service, the telephone company shall, insofar as is practicable,
182	bill the "911" fee to the local exchange subscribers served by
183	the "911" service, on an individual access line basis, at a rate
184	not to exceed 50 cents per month per line (up to a maximum of 25
185	access lines per account bill rendered). However, the fee may
186	not be assessed on any pay telephone in this state. A county
187	collecting the fee for the first time may collect the fee for no
188	longer than 36 months without initiating the acquisition of its
189	"911" equipment.
190	2.  Fees collected by the telephone company pursuant to
191	subparagraph 1. shall be returned to the county, less the costs
192	of administration retained pursuant to paragraph (c). The county
193	shall provide a minimum of 90 days' written notice to the
194	telephone company prior to the collection of any "911" fees.
195	3.  Any county that currently has an operational "911"
196	system or that is actively pursuing the implementation of a
197	"911" system shall establish a fund to be used exclusively for
198	receipt and expenditure of "911" fee revenues collected pursuant
199	to this section. All fees placed in said fund, and any interest
200	accrued thereupon, shall be used solely for "911" costs
201	described in subparagraph 6. The money collected and interest
202	earned in this fund shall be appropriated for "911" purposes by
203	the county commissioners and incorporated into the annual county
204	budget. Such fund shall be included within the financial audit
205	performed in accordance with s. 218.39. A report of the audit
206	shall be forwarded to the office within 60 days of its
207	completion. A county may carry forward on an annual basis
208	unspent moneys in the fund for expenditures allowed by this
209	section, or it may reduce its fee. However, in no event shall a
210	county carry forward more than 10 percent of the "911" fee
211	billed for the prior year. The amount of moneys carried forward
212	each year may be accumulated in order to allow for capital
213	improvements described in this subsection. The carryover shall
214	be documented by resolution of the board of county commissioners
215	expressing the purpose of the carryover or by an adopted capital
216	improvement program identifying projected expansion or
217	replacement expenditures for "911" equipment and service
218	features, or both. In no event shall the "911" fee carryover
219	surplus moneys be used for any purpose other than for the "911"
220	equipment, service features, and installation charges authorized
221	in subparagraph 6. Nothing in this section shall prohibit a
222	county from using other sources of revenue for improvements,
223	replacements, or expansions of its "911" system. A county may
224	increase its fee for purposes authorized in this section.
225	However, in no case shall the fee exceed 50 cents per month per
226	line. All current "911" fees shall be reported to the office
227	within 30 days of the start of each county's fiscal period. Any
228	fee adjustment made by a county shall be reported to the office.
229	A county shall give the telephone company a 90-day written
230	notice of such fee adjustment.
231	4.  The telephone company shall have no obligation to take
232	any legal action to enforce collection of the "911" fee. The
233	telephone company shall provide quarterly to the county a list
234	of the names, addresses, and telephone numbers of any and all
235	subscribers who have identified to the telephone company their
236	refusal to pay the "911" fee.
237	5.  The county subscribing to "911" service shall remain
238	liable to the telephone company for any "911" service,
239	equipment, operation, or maintenance charge owed by the county
240	to the telephone company.
241
242	As used in this paragraph, "telephone company" means an exchange
243	telephone service provider of "911" service or equipment to any
244	county within its certificated area.
245	6.  It is the intent of the Legislature that the "911" fee
246	authorized by this section to be imposed by counties will not
247	necessarily provide the total funding required for establishing
248	or providing the "911" service. For purposes of this section,
249	"911" service includes the functions of database management,
250	call taking, location verification, and call transfer. The
251	following costs directly attributable to the establishment
252	and/or provision of "911" service are eligible for expenditure
253	of moneys derived from imposition of the "911" fee authorized by
254	this section: the acquisition, implementation, and maintenance
255	of Public Safety Answering Point (PSAP) equipment and "911"
256	service features, as defined in the Florida Public Service
257	Commission's lawfully approved "911" and related tariffs and/or
258	the acquisition, installation, and maintenance of other "911"
259	equipment, including call answering equipment, call transfer
260	equipment, ANI controllers, ALI controllers, ANI displays, ALI
261	displays, station instruments, "911" telecommunications systems,
262	teleprinters, logging recorders, instant playback recorders,
263	telephone devices for the deaf (TDD) used in the "911" system,
264	PSAP backup power systems, consoles, automatic call
265	distributors, and interfaces (hardware and software) for
266	computer-aided dispatch (CAD) systems; salary and associated
267	expenses for "911" call takers for that portion of their time
268	spent taking and transferring "911" calls; salary and associated
269	expenses for a county to employ a full-time equivalent "911"
270	coordinator position and a full-time equivalent staff assistant
271	position per county for the portion of their time spent
272	administrating the "911" system; training costs for PSAP call
273	takers in the proper methods and techniques used in taking and
274	transferring "911" calls; and expenses required to develop and
275	maintain all information (ALI and ANI databases and other
276	information source repositories) necessary to properly inform
277	call takers as to location address, type of emergency, and other
278	information directly relevant to the "911" call-taking and
279	transferring function. No wireless telephone service provider
280	shall be required to participate in any pilot project or to
281	otherwise implement a nonemergency "311" system or similar
282	nonemergency system. The "911" fee revenues shall not be used to
283	pay for any item not listed, including, but not limited to, any
284	capital or operational costs for emergency responses which occur
285	after the call transfer to the responding public safety entity
286	and the costs for constructing buildings, leasing buildings,
287	maintaining buildings, or renovating buildings, except for those
288	building modifications necessary to maintain the security and
289	environmental integrity of the PSAP and "911" equipment rooms.
290	7.  It is the goal of the Legislature that enhanced "911"
291	service be available throughout the state. Expenditure by
292	counties of the "911" fees authorized by this section should
293	support this goal to the greatest extent feasible within the
294	context of local service needs and fiscal capability. Nothing in
295	this section shall be construed to prohibit two or more counties
296	from establishing a combined emergency "911" telephone service
297	by interlocal agreement and utilizing the "911" fees authorized
298	by this section for such combined "911" service.
299	(b)  If a county elects to obtain approval of a "911" fee
300	by referendum, it shall arrange to place a question on the
301	ballot at the next regular or special election to be held within
302	the county, substantially as follows:
303	_____ I am in favor of the "911" emergency telephone system
304	fee.
305	_____ I am against the "911" emergency telephone system
306	fee.
307
308	If a majority of the electors voting on the question approve the
309	fee, it may be imposed by the county.
310	(c)  Any county imposing a "911" fee in accordance with the
311	provisions of this subsection shall allow the telephone company
312	to retain as an administrative fee an amount equal to 1 percent
313	of the total "911" fee collected by the telephone company.
314	(14)  INDEMNIFICATION AND LIMITATION OF LIABILITY.--All
315	local governments are authorized to undertake to indemnify the
316	telephone company against liability in accordance with the
317	telephone company's lawfully filed tariffs. Regardless of any
318	indemnification agreement, a telephone company or commercial
319	mobile radio service provider as defined in s. 364.02 shall not
320	be liable for damages resulting from or in connection with "911"
321	service or identification of the telephone number, address, or
322	name associated with any person accessing "911" service, unless
323	the telephone company or commercial radio service provider acted
324	with malicious purpose or in a manner exhibiting wanton and
325	willful disregard of human rights, safety, or property in
326	providing such services.
327	(12)(15)  CONFIDENTIALITY OF RECORDS.--Any record,
328	recording, or information, or portions thereof, obtained by a
329	public agency or a public safety agency for the purpose of
330	providing services in an emergency and which reveals the name,
331	address, telephone number, or personal information about, or
332	information which may identify any person requesting emergency
333	service or reporting an emergency by accessing an emergency
334	communications E911 telephone number "911" system is
335	confidential and exempt from the provisions of s. 119.07(1) and
336	s. 24(a), Art. I of the State Constitution, except that such
337	record or information may be disclosed to a public safety
338	agency. The exemption applies only to the name, address,
339	telephone number or personal information about, or information
340	which may identify any person requesting emergency services or
341	reporting an emergency while such information is in the custody
342	of the public agency or public safety agency providing emergency
343	services. A telecommunications telephone company or commercial
344	mobile radio service provider shall not be liable for damages to
345	any person resulting from or in connection with such telephone
346	company's or commercial mobile radio service provider's
347	provision of any lawful assistance to any investigative or law
348	enforcement officer of the State of Florida or political
349	subdivisions thereof, of the United States, or of any other
350	state or political subdivision thereof, in connection with any
351	lawful investigation or other law enforcement activity by such
352	law enforcement officer unless the telecommunications telephone
353	company or commercial mobile radio service provider acted in a
354	wanton and willful manner.
355	(16)  FALSE "911" CALLS.--Whoever accesses the number "911"
356	for the purpose of making a false alarm or complaint or
357	reporting false information which could result in the emergency
358	response of any public safety agency is guilty of a misdemeanor
359	of the first degree, punishable as provided in s. 775.082 or s.
360	775.083.
361	Section 2.  Section 365.172, Florida Statutes, is amended
362	to read:
363	365.172  Wireless Emergency communications telephone number
364	"E911."--
365	(1)  SHORT TITLE.--This section may be cited as the
366	"Wireless Emergency Communications Number E911 Act."
367	(2)  FINDINGS, PURPOSE, AND LEGISLATIVE INTENT.--The
368	Legislature finds and declares that:
369	(a)  The mobile nature of wireless communications service
370	creates complexities for providing 911 emergency services.
371	(b)  Wireless telephone service providers are required by
372	the Federal Communications Commission to provide wireless
373	enhanced 911 (E911) service in the form of automatic location
374	identification and automatic number identification pursuant to
375	the terms and conditions set forth in an order issued by the
376	Federal Communications Commission.
377	(c)  Wireless telephone service providers and counties that
378	operate 911 and E911 systems require adequate funding to recover
379	the costs of designing, purchasing, installing, testing, and
380	operating enhanced facilities, systems, and services necessary
381	to comply with the requirements for E911 services mandated by
382	the Federal Communications Commission and to maximize the
383	availability of E911 services throughout this state.
384	(d)  The revenues generated by the E911 fee imposed under
385	this section are required to fund the efforts of the counties,
386	the Wireless 911 Board under the State Technology Office, and
387	commercial mobile radio service providers to improve the public
388	health, safety, and welfare and serve a public purpose by
389	providing emergency telephone assistance through wireless
390	communications.
391	(e)  It is necessary and beneficial to levy a fee on
392	wireless services and to create the Wireless 911 Board to
393	administer fee proceeds as provided in this section.
394	(f)  It is the intent of the Legislature to:
395	(a)1.  Establish and implement a comprehensive statewide
396	emergency telecommunications telephone number system that will
397	provide users of voice communications services within the state
398	wireless telephone users with rapid direct access to public
399	safety agencies by accessing dialing the telephone number "911."
400	(b)2.  Provide funds to counties local governments to pay
401	certain costs associated with their E911 or the cost of
402	installing and operating wireless 911 systems, to contract for
403	E911 services, and to reimburse wireless telephone service
404	providers for costs incurred to provide 911 or E911 enhanced 911
405	services.
406	(c)3.  Levy a reasonable fee on users of voice
407	communications services, unless otherwise provided in this
408	section, subscribers of wireless telephone service to accomplish
409	these purposes.
410	(d)  Provide for an E911 board to administer the fee, with
411	oversight by the office, in a manner that is competitively and
412	technologically neutral as to all voice communications services
413	providers.
414	(e)  Ensure that the fee established is used exclusively
415	for recovery by wireless providers and by counties for costs
416	associated with developing and maintaining E911 systems and
417	networks in a manner that is competitively and technologically
418	neutral as to all voice communications services providers.
419
420	It is further the intent of the Legislature that the fee
421	authorized or imposed by this section not necessarily provide
422	the total funding required for establishing or providing E911
423	service.
424	(3)  DEFINITIONS.--Only as used in this section and ss.
425	365.171, 365.173, and 365.174, the term:
426	(a)  "Active prepaid wireless telephone" means a prepaid
427	wireless telephone that has been used by the customer during the
428	month to complete a telephone call for which the customer's card
429	or balance was decremented.
430	(a)(b)  "Answering point" means the public safety agency
431	that receives incoming 911 calls and dispatches appropriate
432	public safety agencies to respond to the calls.
433	(b)  "Authorized expenditures" means expenditures of the
434	fee, as specified in subsection (9).
435	(c)  "Automatic location identification" means the
436	capability of the E911 service which enables the automatic
437	display of information that defines the approximate geographic
438	location of the wireless telephone, or the location of the
439	address of the wireline telephone, used to place a 911 call.
440	(d)  "Automatic number identification" means the capability
441	of the E911 service which enables the automatic display of the
442	10-digit service number used to place a 911 call.
443	(e)  "Board" or "E911 Board" means the board of directors
444	of the E911 Wireless 911 Board established in subsection (5).
445	(f)  "Building permit review" means a review for compliance
446	with building construction standards adopted by the local
447	government under chapter 553 and does not include a review for
448	compliance with land development regulations.
449	(g)  "Collocation" means the situation when a second or
450	subsequent wireless provider uses an existing structure to
451	locate a second or subsequent antennae. The term includes the
452	ground, platform, or roof installation of equipment enclosures,
453	cabinets, or buildings, and cables, brackets, and other
454	equipment associated with the location and operation of the
455	antennae.
456	(h)  "Designed service" means the configuration and manner
457	of deployment of service the wireless provider has designed for
458	an area as part of its network.
459	(i)  "E911" is the designation for an a wireless enhanced
460	911 system or wireless enhanced 911 service that is an emergency
461	telephone system or service that provides a subscriber with
462	wireless 911 service and, in addition, directs 911 calls to
463	appropriate public safety answering points by selective routing
464	based on the geographical location from which the call
465	originated, or as otherwise provided in the state plan under s.
466	365.171, and that provides for automatic number identification
467	and automatic location-identification features. E911 service
468	provided by a wireless provider means E911 as defined in the
469	order in accordance with the requirements of the order.
470	(j)  "Existing structure" means a structure that exists at
471	the time an application for permission to place antennae on a
472	structure is filed with a local government. The term includes
473	any structure that can structurally support the attachment of
474	antennae in compliance with applicable codes.
475	(k)  "Fee" means the E911 fee authorized and imposed under
476	subsection (8).
477	(l)  "Fund" means the Wireless Emergency Communications
478	Number E911 Telephone System Fund established in s. 365.173 and
479	maintained under this section for the purpose of recovering the
480	costs associated with providing 911 service or E911 service,
481	including the costs of implementing the order. The fund shall be
482	segregated into wireless and nonwireless categories.
483	(m)  "Historic building, structure, site, object, or
484	district" means any building, structure, site, object, or
485	district that has been officially designated as a historic
486	building, historic structure, historic site, historic object, or
487	historic district through a federal, state, or local designation
488	program.
489	(n)  "Land development regulations" means any ordinance
490	enacted by a local government for the regulation of any aspect
491	of development, including an ordinance governing zoning,
492	subdivisions, landscaping, tree protection, or signs, the local
493	government's comprehensive plan, or any other ordinance
494	concerning any aspect of the development of land. The term does
495	not include any building construction standard adopted under and
496	in compliance with chapter 553.
497	(o)  "Local exchange carrier" means a "competitive local
498	exchange telecommunications company" or a "local exchange
499	telecommunications company" as defined in s. 364.02.
500	(p)  "Local government" means any municipality, county, or
501	political subdivision or agency of a municipality, county, or
502	political subdivision.
503	(q)  "Medium county" means any county that has a population
504	of 75,000 or more but less than 750,000.
505	(r)  "Mobile telephone number" or "MTN" means the telephone
506	number assigned to a wireless telephone at the time of initial
507	activation.
508	(s)  "Nonwireless category" means the revenues to the fund
509	received from voice communications services providers other than
510	wireless providers.
511	(t)(s)  "Office" means the Technology Program within the
512	Department of Management Services, as designated by the
513	secretary of the department State Technology Office.
514	(u)(t)  "Order" means:
515	1.  The following orders and rules of the Federal
516	Communications Commission issued in FCC Docket No. 94-102:
517	a.  Order adopted on June 12, 1996, with an effective date
518	of October 1, 1996, the amendments to s. 20.03 and the creation
519	of s. 20.18 of Title 47 of the Code of Federal Regulations
520	adopted by the Federal Communications Commission pursuant to
521	such order.
522	b.  Memorandum and Order No. FCC 97-402 adopted on December
523	23, 1997.
524	c.  Order No. FCC DA 98-2323 adopted on November 13, 1998.
525	d.  Order No. FCC 98-345 adopted December 31, 1998.
526	2.  Orders and rules subsequently adopted by the Federal
527	Communications Commission relating to the provision of wireless
528	911 services, including Order Number FCC-05-116, adopted May 19,
529	2005.
530	(v)(u)  "Prepaid calling arrangements" has the same meaning
531	as defined in s. 212.05(1)(e) wireless telephone service" means
532	wireless telephone service that is activated in advance by
533	payment for a finite dollar amount of service or for a finite
534	set of minutes that terminate either upon use by a customer and
535	delivery by the wireless provider of an agreed-upon amount of
536	service corresponding to the total dollar amount paid in advance
537	or within a certain period of time following the initial
538	purchase or activation, unless additional payments are made.
539	(v)  "Provider" or "wireless provider" means a person or
540	entity who provides service and either:
541	1.  Is subject to the requirements of the order; or
542	2.  Elects to provide wireless 911 service or E911 service
543	in this state.
544	(w)  "Public agency" means the state and any municipality,
545	county, municipal corporation, or other governmental entity,
546	public district, or public authority located in whole or in part
547	within this state which provides, or has authority to provide,
548	firefighting, law enforcement, ambulance, medical, or other
549	emergency services.
550	(x)  "Public safety agency" means a functional division of
551	a public agency which provides firefighting, law enforcement,
552	medical, or other emergency services.
553	(y)  "Rural county" means any county that has a population
554	of fewer than 75,000.
555	(z)  "Service identifier" means the service number, access
556	line, or other unique subscriber identifier assigned to a
557	subscriber and established by the Federal Communications
558	Commission for purposes of routing calls whereby the subscriber
559	has access to the E911 system.
560	(z)  "Service" means "commercial mobile radio service" as
561	provided under ss. 3(27) and 332(d) of the Federal
562	Telecommunications Act of 1996, 47 U.S.C., ss. 151 et seq., and
563	the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-
564	66, August 10, 1993, 107 Stat. 312. The term "service" includes
565	the term "wireless" and service provided by any wireless real-
566	time two-way wire communication device, including radio-
567	telephone communications used in cellular telephone service;
568	personal communications service; or the functional or
569	competitive equivalent of a radio-telephone communications line
570	used in cellular telephone service, a personal communications
571	service, or a network radio access line. The term does not
572	include wireless providers that offer mainly dispatch service in
573	a more localized, noncellular configuration; providers offering
574	only data, one-way, or stored-voice services on an
575	interconnected basis; providers of air-to-ground services; or
576	public coast stations.
577	(aa)  "Service number" means the unique 10-digit wireless
578	telephone number assigned to a service subscriber.
579	(bb)  "Sufficient positive balance" means a dollar amount
580	greater than or equal to the monthly wireless surcharge amount.
581	(aa)(cc)  "Tower" means any structure designed primarily to
582	support a wireless provider's antennae.
583	(bb)  "Voice communications services" means two-way voice
584	service, through the use of any technology, which actually
585	provides access to E911 services, and includes communications
586	services, as defined in s. 202.11, which actually provide access
587	to E911 services and which are required to be included in the
588	provision of E911 services pursuant to orders and rules adopted
589	by the Federal Communications Commission. The term includes
590	voice-over-Internet-protocol service. For the purposes of this
591	section, the term "voice-over-Internet-protocol service" or
592	"VoIP service" means interconnected VoIP services having the
593	following characteristics:
594	1.  The service enables real-time, two-way voice
595	communications;
596	2.  The service requires a broadband connection from the
597	user's locations;
598	3.  The service requires IP-compatible customer premises
599	equipment; and
600	4.  The service offering allows users generally to receive
601	calls that originate on the public switched telephone network
602	and to terminate calls on the public switched telephone network.
603	(cc)  "Voice communications services provider" or
604	"provider" means any person or entity providing voice
605	communications services, except that the term does not include
606	any person or entity that resells voice communications service
607	and was assessed the fee by its resale supplier.
608	(dd)  "Wireless 911 system" or "wireless 911 service" means
609	an emergency telephone system or service that provides a
610	subscriber with the ability to reach an answering point by
611	accessing the digits "911."
612	(ee)  "Wireless category" means the revenues to the fund
613	received from a wireless provider.
614	(ff)(dd)  "Wireless communications facility" means any
615	equipment or facility used to provide service and may include,
616	but is not limited to, antennae, towers, equipment enclosures,
617	cabling, antenna brackets, and other such equipment. Placing a
618	wireless communications facility on an existing structure does
619	not cause the existing structure to become a wireless
620	communications facility.
621	(gg)  "Wireless provider" means a person who provides
622	wireless service and:
623	1.  Is subject to the requirements of the order; or
624	2.  Elects to provide wireless 911 service or E911 service
625	in this state.
626	(hh)  "Wireless service" means "commercial mobile radio
627	service" as provided under ss. 3(27) and 332(d) of the Federal
628	Telecommunications Act of 1996, 47 U.S.C., ss. 151 et seq., and
629	the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-
630	66, August 10, 1993, 107 Stat. 312. The term includes service
631	provided by any wireless real-time two-way wire communication
632	device, including radio-telephone communications used in
633	cellular telephone service; personal communications service; or
634	the functional or competitive equivalent of a radio-telephone
635	communications line used in cellular telephone service, a
636	personal communications service, or a network radio access line.
637	The term does not include wireless providers that offer mainly
638	dispatch service in a more localized, noncellular configuration;
639	providers offering only data, one-way, or stored-voice services
640	on an interconnected basis; providers of air-to-ground services;
641	or public coast stations.
642	(ee)  "Wireless 911 system" or "wireless 911 service" means
643	an emergency telephone system or service that provides a
644	subscriber with the ability to reach an answering point by
645	dialing the digits "911." A wireless 911 system is complementary
646	to a wired 911 system as provided for in s. 365.171.
647	(4)  POWERS AND DUTIES OF THE OFFICE.--The office shall
648	oversee the administration of the fee authorized and imposed on
649	subscribers of voice communications services statewide E911
650	service under subsection (8).
651	(5)  THE E911 WIRELESS 911 BOARD.--
652	(a)  The E911 Wireless 911 Board is established to
653	administer, with oversight by the office, the fee imposed under
654	subsection (8), including receiving revenues derived from the
655	fee; distributing portions of the such revenues to wireless
656	providers, counties, and the office; accounting for receipts,
657	distributions, and income derived by the funds maintained in the
658	fund; and providing annual reports to the Governor and the
659	Legislature for submission by the office on amounts collected
660	and expended, the purposes for which expenditures have been
661	made, and the status of wireless E911 service in this state. In
662	order to advise and assist the office in carrying out the
663	purposes of this section, the board, which shall have the power
664	of a body corporate, has shall have the powers enumerated in
665	subsection (6).
666	(b)  The board shall consist of nine seven members, one of
667	whom must be the system director designated under s. 365.171(5),
668	or his or her designee, who shall serve as the chair of the
669	board. The remaining eight six members of the board shall be
670	appointed by the Governor and must be composed of four three
671	county 911 coordinators, consisting of a representative from a
672	rural county, a representative from a medium county, a
673	representative from a large county, and an at-large
674	representative recommended by the Florida Association of
675	Counties in consultation with the county 911 coordinators; two
676	local exchange carrier members, one of which must be the local
677	exchange carrier having the greatest number of access lines in
678	the state; and two three members from the wireless
679	telecommunications industry recommended by the Florida
680	Telecommunications Industry Association in consultation with the
681	wireless telecommunications industry. In recommending members
682	from the wireless telecommunications industry, consideration
683	must be given to wireless providers who are not affiliated with
684	local exchange carriers. Not more than one member may be
685	appointed to represent any single provider on the board.
686	(c)  The system director, designated under s. 365.171(5),
687	or his or her designee, must be a permanent member of the board.
688	Each of the remaining eight six members of the board shall be
689	appointed to a 4-year term and may not be appointed to more than
690	two successive terms. However, for the purpose of staggering
691	terms, two of the original board members shall be appointed to
692	terms of 4 years, two shall be appointed to terms of 3 years,
693	and four two shall be appointed to terms of 2 years, as
694	designated by the Governor. A vacancy on the board shall be
695	filled in the same manner as the original appointment.
696	(d)  The first vacancy in a wireless provider
697	representative position occurring after July 1, 2007, must be
698	filled by appointment of a local exchange company
699	representative. Until the appointment is made, there shall be
700	only one local exchange company representative serving on the
701	board, notwithstanding any other provision to the contrary.
702	(6)  AUTHORITY OF THE BOARD; ANNUAL REPORT.--
703	(a)  The board shall:
704	1.  Administer the E911 fee.
705	2.  Implement, maintain, and oversee the fund.
706	3.  Review and oversee the disbursement of the revenues
707	deposited into the fund as provided in s. 365.173.
708	a.  The board may establish a schedule for implementing
709	wireless E911 service by service area, and prioritize
710	disbursements of revenues from the fund to providers and rural
711	counties as provided in s. 365.173(2)(d) s. 365.173(2)(b) and
712	(g) (c) pursuant to the schedule, in order to implement E911
713	services in the most efficient and cost-effective manner.
714	b.  Revenues in the fund collected and deposited into the
715	fund for distribution as provided in s. 365.173(2)(b), but which
716	have not been disbursed because sworn invoices as required by s.
717	365.173(2)(d) s. 365.173(2)(b) have not been submitted to the
718	board, may be used utilized by the board as needed to provide
719	grants to rural counties and loans to medium counties for the
720	purpose of upgrading E911 systems. The counties must use the
721	funds only for capital expenditures directly attributable to
722	establishing and provisioning E911 services, which may include
723	next-generation deployment. Prior to the distribution of grants,
724	the board shall provide 90 days' written notice to all counties
725	and publish electronically an approved application process.
726	County grant applications shall be prioritized based on the
727	availability of funds, current system life expectancy, system
728	replacement needs, and Phase II compliance per the Federal
729	Communications Commission. No grants will be available to any
730	county for next-generation deployment until all counties are
731	Phase II complete. Grants provided to rural counties would be in
732	addition to disbursements provided under s. 365.173(2)(c). Loans
733	provided to medium counties shall be based on county hardship
734	criteria as determined and approved by the board. Revenues
735	utilized for this purpose shall be fully repaid to the fund in a
736	manner and under a timeframe as determined and approved by the
737	board. The board shall take all actions within its authority to
738	ensure that county recipients of such grants use and loans
739	utilize these funds only for the purpose under which they have
740	been provided and may take any actions within its authority to
741	secure county repayment of grant and loan revenues upon
742	determination that the funds were not used utilized for the
743	purpose under which they were provided.
744	c.  The board shall reimburse all costs of a wireless
745	provider in accordance with s. 365.173(2)(d) before taking any
746	action to transfer additional funds.
747	d.  By September 1, 2007, the board shall authorize the
748	transfer of up to $15 million to the counties from existing
749	money within the fund established under s. 365.173(1). The money
750	shall be disbursed equitably to all of the counties using a
751	timeframe and distribution methodology established by the board
752	before September 1, 2007, in order to prevent a loss to the
753	counties in the ordinary and expected time value of money caused
754	by any timing delay in remittance to the counties of wireline
755	fees caused by the one-time transfer of collecting wireline fees
756	by the counties to the board. All disbursements for this purpose
757	must be returned to the fund from future remittances by the
758	nonwireless category.
759	e.  After taking the action required in sub-subparagraphs
760	a.-d., the board may review and, with all members participating
761	in the vote, adjust the percentage allocations or adjust the
762	amount of the fee, or both, under paragraph (8)(h), and, if the
763	board determines that the revenues in the wireless category
764	exceed the amount needed to reimburse wireless providers for the
765	cost to implement E911 services, the board may transfer revenue
766	to the counties from the existing funds within the wireless
767	category. The board shall disburse the funds equitably to all
768	counties using a timeframe and distribution methodology
769	established by the board.
770	4.  Review documentation submitted by wireless providers
771	which reflects current and projected funds derived from the E911
772	fee, and the expenses incurred and expected to be incurred, in
773	order to comply with the E911 service requirements contained in
774	the order for the purposes of:
775	a.  Ensuring that wireless providers receive fair and
776	equitable distributions of funds from the fund.
777	b.  Ensuring that wireless providers are not provided
778	disbursements from the fund which exceed the costs of providing
779	E911 service, including the costs of complying with the order.
780	c.  Ascertaining the projected costs of compliance with the
781	requirements of the order and projected collections of the E911
782	fee.
783	d.  Implementing changes to the allocation percentages or
784	adjusting reducing the E911 fee under paragraph (8)(i) (8)(c).
785	5.  Meet monthly in the most efficient and cost-effective
786	manner, including telephonically when practical, for the
787	business to be conducted, to review and approve or reject, in
788	whole or in part, applications submitted by wireless providers
789	for recovery of moneys deposited into the wireless category, and
790	to authorize the transfer of, and distribute, the fee allocation
791	to the counties fund.
792	6.  Hire and retain employees, which may include an
793	independent executive director who shall possess experience in
794	the area of telecommunications and emergency 911 issues, for the
795	purposes of performing the technical and administrative
796	functions for the board.
797	7.  Make and enter into contracts, pursuant to chapter 287,
798	and execute other instruments necessary or convenient for the
799	exercise of the powers and functions of the board.
800	8.  Take all necessary and reasonable steps by July 1,
801	2000, to secure appropriate information and reports from
802	providers and otherwise perform all of the functions that would
803	be performed by an independent accounting firm prior to
804	completing the request-for-proposals process under subsection
805	(7).
806	8.9.  Sue and be sued, and appear and defend in all actions
807	and proceedings, in its corporate name to the same extent as a
808	natural person.
809	9.10.  Adopt, use, and alter a common corporate seal.
810	10.11.  Elect or appoint the officers and agents that are
811	required by the affairs of the board.
812	11.12.  The board may adopt rules under ss. 120.536(1) and
813	120.54 to implement this section and ss. 365.173 and 365.174.
814	12.13.  Provide coordination, support, and technical
815	assistance to counties to promote the deployment of advanced 911
816	and E911 systems in the state.
817	13.14.  Provide coordination and support for educational
818	opportunities related to E911 911 issues for the E911 911
819	community in this state.
820	14.15.  Act as an advocate for issues related to E911 911
821	system functions, features, and operations to improve the
822	delivery of E911 911 services to the residents of and visitors
823	to this state.
824	15.16.  Coordinate input from this state at national forums
825	and associations, to ensure that policies related to E911 911
826	systems and services are consistent with the policies of the
827	E911 911 community in this state.
828	16.17.  Work cooperatively with the system director
829	established in s. 365.171(5) to enhance the state of E911 911
830	services in this state and to provide unified leadership for all
831	E911 911 issues through planning and coordination.
832	17.18.  Do all acts and things necessary or convenient to
833	carry out the powers granted in this section in a manner that is
834	competitively and technologically neutral as to all voice
835	communications services providers, including, but not limited
836	to, consideration of emerging technology and related cost
837	savings, while taking into account embedded costs in current
838	systems.
839	18.19.  Have the authority to secure the services of an
840	independent, private attorney via invitation to bid, request for
841	proposals, invitation to negotiate, or professional contracts
842	for legal services already established at the Division of
843	Purchasing of the Department of Management Services.
844	(b)  Board members shall serve without compensation;
845	however, members are entitled to per diem and travel expenses as
846	provided in s. 112.061.
847	(c)  By February 28 of each year, the board shall prepare a
848	report for submission by the office to the Governor, the
849	President of the Senate, and the Speaker of the House of
850	Representatives which addresses for the immediately preceding
851	calendar year: reflects, for the immediately preceding calendar
852	year, the quarterly and annual receipts and disbursements of
853	moneys in the fund, the purposes for which disbursements of
854	moneys from the fund have been made, and the availability and
855	status of implementation of E911 service in this state.
856	(d)  By February 28, 2001, the board shall undertake and
857	complete a study for submission by the office to the Governor,
858	the President of the Senate, and the Speaker of the House of
859	Representatives which addresses:
860	1.  The annual receipts, including the total amount of E911
861	fee revenues collected by each provider, the total disbursements
862	of money in the fund, including the amount of fund-reimbursed
863	expenses incurred by each wireless provider to comply with the
864	order, and the amount of moneys on deposit in the fund, all as
865	of December 1, 2000.
866	2.  Whether the amount of the E911 fee and the allocation
867	percentages set forth in s. 365.173 have been or should be
868	adjusted to comply with the requirements of the order or other
869	provisions of this chapter, and the reasons for making or not
870	making, if so, a recommended adjustment to the E911 fee.
871	3.  Any other issues related to providing wireless E911
872	services.
873	4.  The status of E911 services in this state.
874	(7)  REQUEST FOR PROPOSALS FOR INDEPENDENT ACCOUNTING
875	FIRM.--
876	(a)  The board shall issue a request for proposals as
877	provided in chapter 287 for the purpose of retaining an
878	independent accounting firm. The independent accounting firm
879	shall perform all material administrative and accounting tasks
880	and functions required for administering the E911 fee. The
881	request for proposals must include, but need not be limited to:
882	1.  A description of the scope and general requirements of
883	the services requested.
884	2.  A description of the specific accounting and reporting
885	services required for administering the fund, including
886	processing checks and distributing funds as directed by the
887	board under s. 365.173.
888	3.  A description of information to be provided by the
889	proposer, including the proposer's background and qualifications
890	and the proposed cost of the services to be provided.
891	(b)  The board shall establish a committee to review
892	requests for proposals which must include the statewide E911 911
893	system director designated under s. 365.171(5), or his or her
894	designee, and two members of the board, one of whom is a county
895	911 coordinator and one of whom represents a voice
896	communications services provider the wireless telecommunications
897	industry. The review committee shall review the proposals
898	received by the board and recommend an independent accounting
899	firm to the board for final selection. By agreeing to serve on
900	the review committee, each member of the review committee shall
901	verify that he or she does not have any interest or employment,
902	directly or indirectly, with potential proposers which conflicts
903	in any manner or degree with his or her performance on the
904	committee.
905	(c)  After July 1, 2004, the board may secure the services
906	of an independent accounting firm via invitation to bid, request
907	for proposals, invitation to negotiate, or professional
908	contracts already established at the Division of Purchasing,
909	Department of Management Services, for certified public
910	accounting firms, or the board may hire and retain professional
911	accounting staff to accomplish these functions.
912	(8)  WIRELESS E911 FEE.--
913	(a)  Each voice communications services home service
914	provider shall collect the a monthly fee described in this
915	subsection imposed on each customer whose place of primary use
916	is within this state. Each provider, as part of its monthly
917	billing process, shall bill the fee as follows. The fee shall
918	not be assessed on any pay telephone in the state.
919	1.  Each local exchange carrier shall bill the fee to the
920	local exchange subscribers on a service-identifier basis, up to
921	a maximum of 25 access lines per account bill rendered.
922	2.  Except in the case of prepaid wireless service, each
923	wireless provider shall bill the fee to a subscriber on a per-
924	service-identifier basis for service identifiers whose primary
925	place of use is within this state. Before July 1, 2009, the fee
926	shall not be assessed on or collected from a provider with
927	respect to an end user's service if that end user's service is a
928	prepaid calling arrangement that is subject to s. 212.05(1)(e).
929	a.  The board shall conduct a study to determine whether it
930	is feasible to collect E911 fees from the sale of prepaid
931	wireless service. If, based on the findings of the study, the
932	board determines that a fee should not be collected from the
933	sale of prepaid wireless service, it shall report its findings
934	and recommendation to the Governor, the President of the Senate,
935	and the Speaker of the House of Representatives by December 31,
936	2008. If the board determines that a fee should be collected
937	from the sale of prepaid wireless service, the board shall
938	collect the fee beginning July 1, 2009.
939	b.  For purposes of this section, the term:
940	(I)  "Prepaid wireless service" means the right to access
941	telecommunications services that must be paid for in advance and
942	is sold in predetermined units or dollars enabling the
943	originator to make calls such that the number of units or
944	dollars declines with use in a known amount.
945	(II)  "Prepaid wireless service providers" includes those
946	persons who sell prepaid wireless service regardless of its
947	form, either as a retailer or reseller.
948	c.  The study must include an evaluation of methods by
949	which E911 fees may be collected from end users and purchasers
950	of prepaid wireless service on an equitable, efficient,
951	competitively neutral, and nondiscriminatory basis and must
952	consider whether the collection of fees on prepaid wireless
953	service would constitute an efficient use of public funds given
954	the technological and practical considerations of collecting the
955	fee based on the varying methodologies prepaid wireless service
956	providers and their agents use in marketing prepaid wireless
957	service.
958	d.  The study must include a review and evaluation of the
959	collection of E911 fees on prepaid wireless service at the point
960	of sale within the state. This evaluation must be consistent
961	with the collection principles of end user charges such as those
962	in s. 212.05(1)(e).
963	e.  No later than 90 days after this section becomes law,
964	the board shall require all prepaid wireless service providers,
965	including resellers, to provide the board with information that
966	the board determines is necessary to discharge its duties under
967	this section, including information necessary for its
968	recommendation, such as total retail and reseller prepaid
969	wireless service sales.
970	f.  All subscriber information provided by a prepaid
971	wireless service provider in response to a request from the
972	board while conducting this study is subject to s. 365.174.
973	g.  The study shall be conducted by an entity competent and
974	knowledgeable in matters of state taxation policy if the board
975	does not possess that expertise. The study must be paid from the
976	moneys distributed to the board for administrative purposes
977	under s. 365.173(2)(f) but may not exceed $250,000.
978	3.  All voice communications services providers not
979	addressed under subparagraphs 1. and 2. shall bill the fee on a
980	per-service-identifier basis for service identifiers whose
981	primary place of use is within the state up to a maximum of 25
982	service identifiers for each account bill rendered.
983
984	The provider may list the fee as a separate entry on each bill,
985	in which case the fee must be identified as a fee for E911
986	services. A provider shall remit the fee to the board only if
987	the fee is paid by the subscriber. If a provider receives a
988	partial payment for a monthly bill from a subscriber, the amount
989	received shall first be applied to the payment due the provider
990	for providing voice communications service.
991	(b)  A provider is not obligated to take any legal action
992	to enforce collection of the fees for which any subscriber is
993	billed. A county subscribing to 911 service remains liable to
994	the provider delivering the 911 service or equipment for any 911
995	service, equipment, operation, or maintenance charge owed by the
996	county to the provider.
997	(c)  For purposes of this section, the state and local
998	governments are not subscribers customers.
999	(d)  Each provider may retain 1 percent of the amount of
1000	the fees collected as reimbursement for the administrative costs
1001	incurred by the provider to bill, collect, and remit the fee.
1002	The remainder shall be delivered to the board and deposited by
1003	the board into the fund. The board shall distribute the
1004	remainder pursuant to s. 365.173.
1005	(e)  Effective September 1, 2007, voice communications
1006	services providers billing the fee to subscribers shall deliver
1007	revenues from the fee to the board within 60 days after the end
1008	of the month in which the fee was billed, together with a
1009	monthly report of the number of service identifiers in each
1010	county. Each wireless provider and other applicable provider
1011	identified in subparagraph (a)3. shall report the number of
1012	service identifiers for subscribers whose place of primary use
1013	is in each county. All provider subscriber information provided
1014	to the board is subject to s. 365.174. If a provider chooses to
1015	remit any fee amounts to the board before they are paid by the
1016	subscribers, a provider may apply to the board for a refund of,
1017	or may take a credit for, any such fees remitted to the board
1018	which are not collected by the provider within 6 months
1019	following the month in which the fees are charged off for
1020	federal income tax purposes as bad debt.
1021	(f)  The rate of the fee shall be set by the board after
1022	considering the factors set forth in paragraphs (h) and (i), but
1023	may not exceed 50 cents per month per each service identifier
1024	number, beginning August 1, 1999. The fee shall apply uniformly
1025	and be imposed throughout the state, except for those counties
1026	that, before July 1, 2007, had adopted an ordinance or
1027	resolution establishing a fee less than 50 cents per month per
1028	access line. In those counties the fee established by ordinance
1029	may be changed only to the uniform statewide rate no sooner than
1030	30 days after notification is made by the county's board of
1031	county commissioners to the board.
1032	(g)  It is the intent of the Legislature that all revenue
1033	from the fee be used as specified in s. 365.173(2)(a)-(i).
1034	(h)  No later than November 1, 2007, the board may adjust
1035	the allocation percentages for distribution of the fund as
1036	provided in s. 365.173. When setting the percentages and
1037	contemplating any adjustments to the fee, the board shall
1038	consider the following:
1039	1.  The revenues currently allocated for wireless service
1040	provider costs for implementing E911 service and projected costs
1041	for implementing E911 service, including recurring costs for
1042	Phase I and Phase II and the effect of new technologies;
1043	2.  The appropriate level of funding needed to fund the
1044	rural grant program provided for in s. 365.173(2)(g); and
1045	3.  The need to fund statewide, regional, and county grants
1046	in accordance with sub-subparagraph (6)(a)3.b.
1047	(b)  The fee is established to ensure full recovery for
1048	providers and for counties, over a reasonable period, of the
1049	costs associated with developing and maintaining an E911 system
1050	on a technologically and competitively neutral basis.
1051	(i)(c)  After July 1, 2001, The board may adjust the
1052	allocation percentages or adjust provided in s. 365.173 or
1053	reduce the amount of the fee, or both, if necessary to ensure
1054	full cost recovery or prevent overrecovery of costs incurred in
1055	the provision of E911 service, including costs incurred or
1056	projected to be incurred to comply with the order. Any new
1057	allocation percentages or reduced or increased fee may not be
1058	adjusted for 1 year. The fee may not exceed 50 cents per month
1059	per each service identifier number. The board-established fee,
1060	and any board adjustment of the fee, shall be uniform throughout
1061	the state, except for the counties identified in paragraph (f).
1062	No less than 90 days before the effective date of any adjustment
1063	to the fee, the board shall provide written notice of the
1064	adjusted fee amount and effective date to each voice
1065	communications services provider from which the board is then
1066	receiving the fee.
1067	(j)(d)  State and local taxes do not apply to the fee.
1068	(k)(e)  A local government may not levy the fee or any
1069	additional fee on wireless providers or subscribers for the
1070	provision of E911 service.
1071	(l)  For purposes of this section, the definitions
1072	contained in s. 202.11 and the provisions of s. 202.155 apply in
1073	the same manner and to the same extent as the definitions and
1074	provisions apply to the taxes levied under chapter 202 on mobile
1075	communications services.
1076	(9)  AUTHORIZED EXPENDITURES OF E911 FEE.--
1077	(a)  For purposes of this section, E911 service includes
1078	the functions of database management, call taking, location
1079	verification, and call transfer.
1080	(b)  All costs directly attributable to the establishment
1081	or provision of E911 service and contracting for E911 services
1082	are eligible for expenditure of moneys derived from imposition
1083	of the fee authorized by this section. These costs include the
1084	acquisition, implementation, and maintenance of Public Safety
1085	Answering Point (PSAP) equipment and E911 service features, as
1086	defined in the Public Service Commission's lawfully approved 911
1087	and E911 and related tariffs or the acquisition, installation,
1088	and maintenance of other E911 equipment, including call
1089	answering equipment, call transfer equipment, ANI controllers,
1090	ALI controllers, ANI displays, ALI displays, station
1091	instruments, E911 telecommunications systems, visual call
1092	information and storage devices, recording equipment, telephone
1093	devices and other equipment for the hearing impaired used in the
1094	E911 system, PSAP backup power systems, consoles, automatic call
1095	distributors, and interfaces, including hardware and software,
1096	for computer-aided dispatch (CAD) systems, integrated CAD
1097	systems for that portion of the systems used for E911 call
1098	taking, network clocks, salary and associated expenses for E911
1099	call takers for that portion of their time spent taking and
1100	transferring E911 calls, salary and associated expenses for a
1101	county to employ a full-time equivalent E911 coordinator
1102	position and a full-time equivalent mapping or geographical data
1103	position and a staff assistant position per county for the
1104	portion of their time spent administrating the E911 system,
1105	training costs for PSAP call takers, supervisors, and managers
1106	in the proper methods and techniques used in taking and
1107	transferring E911 calls, costs to train and educate PSAP
1108	employees regarding E911 service or E911 equipment, and expenses
1109	required to develop and maintain all information, including ALI
1110	and ANI databases and other information source repositories,
1111	necessary to properly inform calltakers as to location address,
1112	type of emergency, and other information directly relevant to
1113	the E911 call-taking and transferring function. Moneys derived
1114	from the fee may also be used for next-generation E911 network
1115	services, next-generation E911 database services, next-
1116	generation E911 equipment, and wireless E911 routing systems.
1117	(c)  The moneys may not be used to pay for any item not
1118	listed in this subsection, including, but not limited to, any
1119	capital or operational costs for emergency responses which occur
1120	after the call transfer to the responding public safety entity
1121	and the costs for constructing, leasing, maintaining, or
1122	renovating buildings, except for those building modifications
1123	necessary to maintain the security and environmental integrity
1124	of the PSAP and E911 equipment rooms.
1125	(10)  LIABILITY OF COUNTIES.--A county subscribing to 911
1126	service remains liable to the local exchange carrier for any 911
1127	service, equipment, operation, or maintenance charge owed by the
1128	county to the local exchange carrier. As used in this
1129	subsection, the term "local exchange carrier" means a local
1130	exchange telecommunications service provider of 911 service or
1131	equipment to any county within its certificated area.
1132	(11)  INDEMNIFICATION AND LIMITATION OF LIABILITY.--Local
1133	governments are authorized to undertake to indemnify local
1134	exchange carriers against liability in accordance with the
1135	lawfully filed tariffs of the company. Notwithstanding an
1136	indemnification agreement, a voice communications services
1137	provider is not liable for damages resulting from or in
1138	connection with 911 or E911 service, or for identification of
1139	the telephone number, or address, or name associated with any
1140	person accessing 911 or E911 service, unless the voice
1141	communications services provider acted with malicious purpose or
1142	in a manner exhibiting wanton and willful disregard of the
1143	rights, safety, or property of a person when providing such
1144	services. A voice communications services provider is not liable
1145	for damages to any person resulting from or in connection with
1146	the provider's provision of any lawful assistance to any
1147	investigative or law enforcement officer of the United States,
1148	this state, or a political subdivision thereof, or of any other
1149	state or political subdivision thereof, in connection with any
1150	lawful investigation or other law enforcement activity by such
1151	law enforcement officer.
1152	(9)  MANAGEMENT OF FUNDS.--
1153	(a)  Each provider, as a part of its monthly billing
1154	process, shall collect the fee imposed under subsection (8). The
1155	provider may list the fee as a separate entry on each bill, in
1156	which case the fee must be identified as a fee for E911
1157	services. A provider shall remit the fee only if the fee is paid
1158	by the subscriber. If a provider receives a partial payment for
1159	a monthly bill from a subscriber, the amount received shall
1160	first be applied to the payment due the provider for the
1161	provision of telecommunications service.
1162	(b)  In the case of prepaid wireless telephone service, the
1163	monthly wireless 911 surcharge imposed by subsection (8) shall
1164	be remitted based upon each prepaid wireless telephone
1165	associated with this state, for each wireless service customer
1166	that has a sufficient positive balance as of the last day of
1167	each month. The surcharge shall be remitted in any manner
1168	consistent with the wireless provider's existing operating or
1169	technological abilities, such as customer address, location
1170	associated with the MTN, or reasonable allocation method based
1171	upon other comparable relevant data. The surcharge amount or an
1172	equivalent number of minutes may be reduced from the prepaid
1173	subscriber's account since a direct billing may not be possible.
1174	However, collection of the wireless 911 surcharge in the manner
1175	of a reduction of value or minutes from the prepaid subscriber's
1176	account does not constitute a reduction in the sales price for
1177	purposes of taxes that are collected at the point of sale.
1178	(c)  A provider is not obligated to take any legal action
1179	to enforce collection of the fees for which any subscriber is
1180	billed. The provider shall provide to the board each quarter a
1181	list of the names, addresses, and service numbers of all
1182	subscribers who have indicated to the provider their refusal to
1183	pay the fee.
1184	(d)  Each provider may retain 1 percent of the amount of
1185	the fees collected as reimbursement for the administrative costs
1186	incurred by the provider to bill, collect, and remit the fee.
1187	The remainder shall be delivered to the board and deposited in
1188	the fund. The board shall distribute the remainder pursuant to
1189	s. 365.173.
1190	(e)  Each provider shall deliver revenues from the fee to
1191	the board within 60 days after the end of the month in which the
1192	fee was billed, together with a monthly report of the number of
1193	wireless customers whose place of primary use is in each county.
1194	A provider may apply to the board for a refund of, or may take a
1195	credit for, any fees remitted to the board which are not
1196	collected by the provider within 6 months following the month in
1197	which the fees are charged off for federal income tax purposes
1198	as bad debt. The board may waive the requirement that the fees
1199	and number of customers whose place of primary use is in each
1200	county be submitted to the board each month and authorize a
1201	provider to submit the fees and number of customers quarterly if
1202	the provider demonstrates that such waiver is necessary and
1203	justified.
1204	(f)  For purposes of this section, the definitions
1205	contained in s. 202.11 and the provisions of s. 202.155 apply in
1206	the same manner and to the same extent as such definitions and
1207	provisions apply to the taxes levied pursuant to chapter 202 on
1208	mobile communications services.
1209	(g)  As used in this subsection, the term "provider"
1210	includes any person or entity that resells wireless service and
1211	was not assessed the fee by its resale supplier.
1212	(10)  PROVISION OF SERVICES.--In accordance with the order,
1213	a provider is not required to provide E911 service until:
1214	(a)  The provider receives a request in writing for such
1215	service from the county 911 coordinator and the affected
1216	answering point is capable of receiving and using the data
1217	elements associated with the service.
1218	(b)  Funds are available under s. 365.173(2)(b).
1219	(c)  The local exchange carrier is able to support the E911
1220	system.
1221	(d)  The service area has been scheduled for implementation
1222	of E911 service by the board pursuant to subparagraph (6)(a)3.
1223	If a county's 911 coordinator requests E911 service from a
1224	provider, the coordinator shall also request E911 service from
1225	all other providers in the area in a nondiscriminatory and fair
1226	manner.
1227	(12)(11)  FACILITATING E911 SERVICE IMPLEMENTATION.--To
1228	balance the public need for reliable E911 services through
1229	reliable wireless systems and the public interest served by
1230	governmental zoning and land development regulations and
1231	notwithstanding any other law or local ordinance to the
1232	contrary, the following standards shall apply to a local
1233	government's actions, as a regulatory body, in the regulation of
1234	the placement, construction, or modification of a wireless
1235	communications facility. This subsection shall not, however, be
1236	construed to waive or alter the provisions of s. 286.011 or s.
1237	286.0115. For the purposes of this subsection only, "local
1238	government" shall mean any municipality or county and any agency
1239	of a municipality or county only. The term "local government"
1240	does not, however, include any airport, as defined by s.
1241	330.27(2), even if it is owned or controlled by or through a
1242	municipality, county, or agency of a municipality or county.
1243	Further, notwithstanding anything in this section to the
1244	contrary, this subsection does not apply to or control a local
1245	government's actions as a property or structure owner in the use
1246	of any property or structure owned by such entity for the
1247	placement, construction, or modification of wireless
1248	communications facilities. In the use of property or structures
1249	owned by the local government, however, a local government may
1250	not use its regulatory authority so as to avoid compliance with,
1251	or in a manner that does not advance, the provisions of this
1252	subsection.
1253	(a)  Collocation among wireless providers is encouraged by
1254	the state.
1255	1.a.  Collocations on towers, including nonconforming
1256	towers, that meet the requirements in sub-sub-subparagraphs (I),
1257	(II), and (III), are subject to only building permit review,
1258	which may include a review for compliance with this
1259	subparagraph. Such collocations are not subject to any design or
1260	placement requirements of the local government's land
1261	development regulations in effect at the time of the collocation
1262	that are more restrictive than those in effect at the time of
1263	the initial antennae placement approval, to any other portion of
1264	the land development regulations, or to public hearing review.
1265	This sub-subparagraph shall not preclude a public hearing for
1266	any appeal of the decision on the collocation application.
1267	(I)  The collocation does not increase the height of the
1268	tower to which the antennae are to be attached, measured to the
1269	highest point of any part of the tower or any existing antenna
1270	attached to the tower;
1271	(II)  The collocation does not increase the ground space
1272	area, commonly known as the compound, approved in the site plan
1273	for equipment enclosures and ancillary facilities; and
1274	(III)  The collocation consists of antennae, equipment
1275	enclosures, and ancillary facilities that are of a design and
1276	configuration consistent with all applicable regulations,
1277	restrictions, or conditions, if any, applied to the initial
1278	antennae placed on the tower and to its accompanying equipment
1279	enclosures and ancillary facilities and, if applicable, applied
1280	to the tower supporting the antennae. Such regulations may
1281	include the design and aesthetic requirements, but not
1282	procedural requirements, other than those authorized by this
1283	section, of the local government's land development regulations
1284	in effect at the time the initial antennae placement was
1285	approved.
1286	b.  Except for a historic building, structure, site,
1287	object, or district, or a tower included in sub-subparagraph a.,
1288	collocations on all other existing structures that meet the
1289	requirements in sub-sub-subparagraphs (I)-(IV) shall be subject
1290	to no more than building permit review, and an administrative
1291	review for compliance with this subparagraph. Such collocations
1292	are not subject to any portion of the local government's land
1293	development regulations not addressed herein, or to public
1294	hearing review. This sub-subparagraph shall not preclude a
1295	public hearing for any appeal of the decision on the collocation
1296	application.
1297	(I)  The collocation does not increase the height of the
1298	existing structure to which the antennae are to be attached,
1299	measured to the highest point of any part of the structure or
1300	any existing antenna attached to the structure;
1301	(II)  The collocation does not increase the ground space
1302	area, otherwise known as the compound, if any, approved in the
1303	site plan for equipment enclosures and ancillary facilities;
1304	(III)  The collocation consists of antennae, equipment
1305	enclosures, and ancillary facilities that are of a design and
1306	configuration consistent with any applicable structural or
1307	aesthetic design requirements and any requirements for location
1308	on the structure, but not prohibitions or restrictions on the
1309	placement of additional collocations on the existing structure
1310	or procedural requirements, other than those authorized by this
1311	section, of the local government's land development regulations
1312	in effect at the time of the collocation application; and
1313	(IV)  The collocation consists of antennae, equipment
1314	enclosures, and ancillary facilities that are of a design and
1315	configuration consistent with all applicable restrictions or
1316	conditions, if any, that do not conflict with sub-sub-
1317	subparagraph (III) and were applied to the initial antennae
1318	placed on the structure and to its accompanying equipment
1319	enclosures and ancillary facilities and, if applicable, applied
1320	to the structure supporting the antennae.
1321	c.  Regulations, restrictions, conditions, or permits of
1322	the local government, acting in its regulatory capacity, that
1323	limit the number of collocations or require review processes
1324	inconsistent with this subsection shall not apply to
1325	collocations addressed in this subparagraph.
1326	d.  If only a portion of the collocation does not meet the
1327	requirements of this subparagraph, such as an increase in the
1328	height of the proposed antennae over the existing structure
1329	height or a proposal to expand the ground space approved in the
1330	site plan for the equipment enclosure, where all other portions
1331	of the collocation meet the requirements of this subparagraph,
1332	that portion of the collocation only may be reviewed under the
1333	local government's regulations applicable to an initial
1334	placement of that portion of the facility, including, but not
1335	limited to, its land development regulations, and within the
1336	review timeframes of subparagraph (d)2., and the rest of the
1337	collocation shall be reviewed in accordance with this
1338	subparagraph. A collocation proposal under this subparagraph
1339	that increases the ground space area, otherwise known as the
1340	compound, approved in the original site plan for equipment
1341	enclosures and ancillary facilities by no more than a cumulative
1342	amount of 400 square feet or 50 percent of the original compound
1343	size, whichever is greater, shall, however, require no more than
1344	administrative review for compliance with the local government's
1345	regulations, including, but not limited to, land development
1346	regulations review, and building permit review, with no public
1347	hearing review. This sub-subparagraph shall not preclude a
1348	public hearing for any appeal of the decision on the collocation
1349	application.
1350	2.  If a collocation does not meet the requirements of
1351	subparagraph 1., the local government may review the application
1352	under the local government's regulations, including, but not
1353	limited to, land development regulations, applicable to the
1354	placement of initial antennae and their accompanying equipment
1355	enclosure and ancillary facilities.
1356	3.  If a collocation meets the requirements of subparagraph
1357	1., the collocation shall not be considered a modification to an
1358	existing structure or an impermissible modification of a
1359	nonconforming structure.
1360	4.  The owner of the existing tower on which the proposed
1361	antennae are to be collocated shall remain responsible for
1362	compliance with any applicable condition or requirement of a
1363	permit or agreement, or any applicable condition or requirement
1364	of the land development regulations to which the existing tower
1365	had to comply at the time the tower was permitted, including any
1366	aesthetic requirements, provided the condition or requirement is
1367	not inconsistent with this paragraph.
1368	5.  An existing tower, including a nonconforming tower, may
1369	be structurally modified in order to permit collocation or may
1370	be replaced through no more than administrative review and
1371	building permit review, and is not subject to public hearing
1372	review, if the overall height of the tower is not increased and,
1373	if a replacement, the replacement tower is a monopole tower or,
1374	if the existing tower is a camouflaged tower, the replacement
1375	tower is a like-camouflaged tower. This subparagraph shall not
1376	preclude a public hearing for any appeal of the decision on the
1377	application.
1378	(b)1.  A local government's land development and
1379	construction regulations for wireless communications facilities
1380	and the local government's review of an application for the
1381	placement, construction, or modification of a wireless
1382	communications facility shall only address land development or
1383	zoning issues. In such local government regulations or review,
1384	the local government may not require information on or evaluate
1385	a wireless provider's business decisions about its service,
1386	customer demand for its service, or quality of its service to or
1387	from a particular area or site, unless the wireless provider
1388	voluntarily offers this information to the local government. In
1389	such local government regulations or review, a local government
1390	may not require information on or evaluate the wireless
1391	provider's designed service unless the information or materials
1392	are directly related to an identified land development or zoning
1393	issue or unless the wireless provider voluntarily offers the
1394	information. Information or materials directly related to an
1395	identified land development or zoning issue may include, but are
1396	not limited to, evidence that no existing structure can
1397	reasonably be used for the antennae placement instead of the
1398	construction of a new tower, that residential areas cannot be
1399	served from outside the residential area, as addressed in
1400	subparagraph 3., or that the proposed height of a new tower or
1401	initial antennae placement or a proposed height increase of a
1402	modified tower, replacement tower, or collocation is necessary
1403	to provide the provider's designed service. Nothing in this
1404	paragraph shall limit the local government from reviewing any
1405	applicable land development or zoning issue addressed in its
1406	adopted regulations that does not conflict with this section,
1407	including, but not limited to, aesthetics, landscaping, land use
1408	based location priorities, structural design, and setbacks.
1409	2.  Any setback or distance separation required of a tower
1410	may not exceed the minimum distance necessary, as determined by
1411	the local government, to satisfy the structural safety or
1412	aesthetic concerns that are to be protected by the setback or
1413	distance separation.
1414	3.  A local government may exclude the placement of
1415	wireless communications facilities in a residential area or
1416	residential zoning district but only in a manner that does not
1417	constitute an actual or effective prohibition of the provider's
1418	service in that residential area or zoning district. If a
1419	wireless provider demonstrates to the satisfaction of the local
1420	government that the provider cannot reasonably provide its
1421	service to the residential area or zone from outside the
1422	residential area or zone, the municipality or county and
1423	provider shall cooperate to determine an appropriate location
1424	for a wireless communications facility of an appropriate design
1425	within the residential area or zone. The local government may
1426	require that the wireless provider reimburse the reasonable
1427	costs incurred by the local government for this cooperative
1428	determination. An application for such cooperative determination
1429	shall not be considered an application under paragraph (d).
1430	4.  A local government may impose a reasonable fee on
1431	applications to place, construct, or modify a wireless
1432	communications facility only if a similar fee is imposed on
1433	applicants seeking other similar types of zoning, land use, or
1434	building permit review. A local government may impose fees for
1435	the review of applications for wireless communications
1436	facilities by consultants or experts who conduct code compliance
1437	review for the local government but any fee is limited to
1438	specifically identified reasonable expenses incurred in the
1439	review. A local government may impose reasonable surety
1440	requirements to ensure the removal of wireless communications
1441	facilities that are no longer being used.
1442	5.  A local government may impose design requirements, such
1443	as requirements for designing towers to support collocation or
1444	aesthetic requirements, except as otherwise limited in this
1445	section, but shall not impose or require information on
1446	compliance with building code type standards for the
1447	construction or modification of wireless communications
1448	facilities beyond those adopted by the local government under
1449	chapter 553 and that apply to all similar types of construction.
1450	(c)  Local governments may not require wireless providers
1451	to provide evidence of a wireless communications facility's
1452	compliance with federal regulations, except evidence of
1453	compliance with applicable Federal Aviation Administration
1454	requirements under 14 C.F.R. s. 77, as amended, and evidence of
1455	proper Federal Communications Commission licensure, or other
1456	evidence of Federal Communications Commission authorized
1457	spectrum use, but may request the Federal Communications
1458	Commission to provide information as to a wireless provider's
1459	compliance with federal regulations, as authorized by federal
1460	law.
1461	(d)1.  A local government shall grant or deny each properly
1462	completed application for a collocation under subparagraph (a)1.
1463	based on the application's compliance with the local
1464	government's applicable regulations, as provided for in
1465	subparagraph (a)1. and consistent with this subsection, and
1466	within the normal timeframe for a similar building permit review
1467	but in no case later than 45 business days after the date the
1468	application is determined to be properly completed in accordance
1469	with this paragraph.
1470	2.  A local government shall grant or deny each properly
1471	completed application for any other wireless communications
1472	facility based on the application's compliance with the local
1473	government's applicable regulations, including but not limited
1474	to land development regulations, consistent with this subsection
1475	and within the normal timeframe for a similar type review but in
1476	no case later than 90 business days after the date the
1477	application is determined to be properly completed in accordance
1478	with this paragraph.
1479	3.a.  An application is deemed submitted or resubmitted on
1480	the date the application is received by the local government. If
1481	the local government does not notify the applicant in writing
1482	that the application is not completed in compliance with the
1483	local government's regulations within 20 business days after the
1484	date the application is initially submitted or additional
1485	information resubmitted, the application is deemed, for
1486	administrative purposes only, to be properly completed and
1487	properly submitted. However, the determination shall not be
1488	deemed as an approval of the application. If the application is
1489	not completed in compliance with the local government's
1490	regulations, the local government shall so notify the applicant
1491	in writing and the notification must indicate with specificity
1492	any deficiencies in the required documents or deficiencies in
1493	the content of the required documents which, if cured, make the
1494	application properly completed. Upon resubmission of information
1495	to cure the stated deficiencies, the local government shall
1496	notify the applicant, in writing, within the normal timeframes
1497	of review, but in no case longer than 20 business days after the
1498	additional information is submitted, of any remaining
1499	deficiencies that must be cured. Deficiencies in document type
1500	or content not specified by the local government do not make the
1501	application incomplete. Notwithstanding this sub-subparagraph,
1502	if a specified deficiency is not properly cured when the
1503	applicant resubmits its application to comply with the notice of
1504	deficiencies, the local government may continue to request the
1505	information until such time as the specified deficiency is
1506	cured. The local government may establish reasonable timeframes
1507	within which the required information to cure the application
1508	deficiency is to be provided or the application will be
1509	considered withdrawn or closed.
1510	b.  If the local government fails to grant or deny a
1511	properly completed application for a wireless communications
1512	facility within the timeframes set forth in this paragraph, the
1513	application shall be deemed automatically approved and the
1514	applicant may proceed with placement of the facilities without
1515	interference or penalty. The timeframes specified in
1516	subparagraph 2. may be extended only to the extent that the
1517	application has not been granted or denied because the local
1518	government's procedures generally applicable to all other
1519	similar types of applications require action by the governing
1520	body and such action has not taken place within the timeframes
1521	specified in subparagraph 2. Under such circumstances, the local
1522	government must act to either grant or deny the application at
1523	its next regularly scheduled meeting or, otherwise, the
1524	application is deemed to be automatically approved.
1525	c.  To be effective, a waiver of the timeframes set forth
1526	in this paragraph must be voluntarily agreed to by the applicant
1527	and the local government. A local government may request, but
1528	not require, a waiver of the timeframes by the applicant, except
1529	that, with respect to a specific application, a one-time waiver
1530	may be required in the case of a declared local, state, or
1531	federal emergency that directly affects the administration of
1532	all permitting activities of the local government.
1533	(e)  The replacement of or modification to a wireless
1534	communications facility, except a tower, that results in a
1535	wireless communications facility not readily discernibly
1536	different in size, type, and appearance when viewed from ground
1537	level from surrounding properties, and the replacement or
1538	modification of equipment that is not visible from surrounding
1539	properties, all as reasonably determined by the local
1540	government, are subject to no more than applicable building
1541	permit review.
1542	(f)  Any other law to the contrary notwithstanding, the
1543	Department of Management Services shall negotiate, in the name
1544	of the state, leases for wireless communications facilities that
1545	provide access to state government-owned property not acquired
1546	for transportation purposes, and the Department of
1547	Transportation shall negotiate, in the name of the state, leases
1548	for wireless communications facilities that provide access to
1549	property acquired for state rights-of-way. On property acquired
1550	for transportation purposes, leases shall be granted in
1551	accordance with s. 337.251. On other state government-owned
1552	property, leases shall be granted on a space available, first-
1553	come, first-served basis. Payments required by state government
1554	under a lease must be reasonable and must reflect the market
1555	rate for the use of the state government-owned property. The
1556	Department of Management Services and the Department of
1557	Transportation are authorized to adopt rules for the terms and
1558	conditions and granting of any such leases.
1559	(g)  If any person adversely affected by any action, or
1560	failure to act, or regulation, or requirement of a local
1561	government in the review or regulation of the wireless
1562	communication facilities files an appeal or brings an
1563	appropriate action in a court or venue of competent
1564	jurisdiction, following the exhaustion of all administrative
1565	remedies, the matter shall be considered on an expedited basis.
1566	(13)(12)  MISUSE OF WIRELESS 911 OR E911 SYSTEM;
1567	PENALTY.--911 and E911 service must be used solely for emergency
1568	communications by the public. Any person who accesses the number
1569	911 for the purpose of making a false alarm or complaint or
1570	reporting false information that could result in the emergency
1571	response of any public safety agency; any person who knowingly
1572	uses or attempts to use such service for a purpose other than
1573	obtaining public safety assistance;, or any person who knowingly
1574	uses or attempts to use such service in an effort to avoid any
1575	charge for service, commits a misdemeanor of the first degree,
1576	punishable as provided in s. 775.082 or s. 775.083. After being
1577	convicted of unauthorized use of such service four times, a
1578	person who continues to engage in such unauthorized use commits
1579	a felony of the third degree, punishable as provided in s.
1580	775.082, s. 775.083, or s. 775.084. In addition, if the value of
1581	the service or the service charge obtained in a manner
1582	prohibited by this subsection exceeds $100, the person
1583	committing the offense commits a felony of the third degree,
1584	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1585	(14)(13)  STATE LAW NOT PREEMPTED.--This section and ss.
1586	365.173 and 365.174 do not alter any state law that otherwise
1587	regulates voice communications services providers of
1588	telecommunications service.
1589	Section 3.  Section 501.95(2)(a), Florida Statutes, as
1590	created in CS for CS for CS for SB 1638 or similar legislation,
1591	does not apply to prepaid calling arrangements as defined in s.
1592	212.05(1)(e), Florida Statutes, including prepaid cards for
1593	wireless or wireline telecommunications service.
1594	Section 4.  Two and one-half full-time equivalent positions
1595	are authorized with an associated salary rate of 151,278, and
1596	the sum of $561,834 in recurring funds is appropriated for the
1597	2007-2008 fiscal year from the Emergency Communications Number
1598	E911 System Fund of the Department of Management Services from
1599	revenue received pursuant to s. 365.173, Florida Statutes, for
1600	expenditures related to the creation of the statewide E911
1601	board.
1602	Section 5.  For the 2007-2008 fiscal year, the sum of $56
1603	million in recurring funds is appropriated from the Emergency
1604	Communications Number E911 System Fund in the Department of
1605	Management Services to provide for the distribution of
1606	nonwireless fees to counties.
1607	Section 6.  For the 2007-2008 fiscal year, the sum of
1608	$12,541,000 in recurring funds is appropriated from the
1609	Emergency Communications Number E911 System Fund in the
1610	Department of Management Services to provide for an increase in
1611	the distribution to counties for wireless fees.
1612	Section 7.  For the 2007-2008 fiscal year, the sum of $25
1613	million in nonrecurring funds is appropriated from the Emergency
1614	Communications Number E911 System Fund and placed in reserve in
1615	the Department of Management Services to provide grants to
1616	counties pursuant to s. 365.172(6)(a)3.b., Florida Statutes. The
1617	department is authorized to request the release of funds
1618	pursuant to the provisions in chapter 216, Florida Statutes.
1619	Section 8.  This act shall take effect upon becoming a law.

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