| 1 | A bill to be entitled |
| 2 | An act relating to emergency 911 service; amending s. |
| 3 | 365.172, F.S.; revising the qualifications required |
| 4 | for the members of the E911 Board; requiring that a |
| 5 | voice communications service provider, other than a |
| 6 | wireless service provider, impose a fee based on the |
| 7 | number of access lines to the E911 system and on the |
| 8 | basis of certain access lines for each digital |
| 9 | transmission link, up to a specified number of access |
| 10 | lines per account bill rendered; revising the criteria |
| 11 | that a local government may use in order to indemnify |
| 12 | a local carrier; expanding the types of providers that |
| 13 | may be indemnified and that are not liable for certain |
| 14 | damages; revising cross-references; defining the term |
| 15 | "provide 911 or E911 service"; amending s. 427.706, |
| 16 | F.S.; removing the requirement that the Florida |
| 17 | Telephone Association recommend certain |
| 18 | representatives to an advisory committee to the Public |
| 19 | Service Commission; providing an effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Paragraphs (a) and (b) of subsection (5), |
| 24 | paragraphs (a) and (e) of subsection (8), and subsection (11) of |
| 25 | section 365.172, Florida Statutes, are amended to read: |
| 26 | 365.172 Emergency communications number "E911."- |
| 27 | (5) THE E911 BOARD.- |
| 28 | (a) The E911 Board is established to administer, with |
| 29 | oversight by the office, the fee imposed under subsection (8), |
| 30 | including receiving revenues derived from the fee; distributing |
| 31 | portions of the revenues to wireless providers, counties, and |
| 32 | the office; accounting for receipts, distributions, and income |
| 33 | derived by the funds maintained in the fund; and providing |
| 34 | annual reports to the Governor and the Legislature for |
| 35 | submission by the office on amounts collected and expended, the |
| 36 | purposes for which expenditures have been made, and the status |
| 37 | of E911 service in this state. In order to advise and assist the |
| 38 | office in implementing carrying out the purposes of this |
| 39 | section, the board, which has shall have the power of a body |
| 40 | corporate, has the powers enumerated in subsection (6). |
| 41 | (b) The board shall consist of nine members, one of whom |
| 42 | must be the system director designated under s. 365.171(5), or |
| 43 | his or her designee, who shall serve as the chair of the board. |
| 44 | The remaining eight members of the board shall be appointed by |
| 45 | the Governor and must be composed of four county 911 |
| 46 | coordinators, consisting of a representative from a rural |
| 47 | county, a representative from a medium county, a representative |
| 48 | from a large county, and an at-large representative recommended |
| 49 | by the Florida Association of Counties in consultation with the |
| 50 | county 911 coordinators; three two local exchange carrier member |
| 51 | representatives members, one of whom which must be a |
| 52 | representative of the local exchange carrier having the greatest |
| 53 | number of access lines in the state and one of whom must be a |
| 54 | representative of a certificated competitive local exchange |
| 55 | telecommunications company; and one member representative two |
| 56 | members from the wireless telecommunications industry, with |
| 57 | recommended by the Florida Telecommunications Industry |
| 58 | Association in consultation with the wireless telecommunications |
| 59 | industry. In recommending members from the wireless |
| 60 | telecommunications industry, consideration must be given to |
| 61 | wireless providers that who are not affiliated with local |
| 62 | exchange carriers. Not more than one member may be appointed to |
| 63 | represent any single provider on the board. |
| 64 | (8) E911 FEE.- |
| 65 | (a) Each voice communications services provider shall |
| 66 | collect the fee described in this subsection. Each provider, as |
| 67 | part of its monthly billing process, shall bill the fee as |
| 68 | follows. The fee may shall not be assessed on any pay telephone |
| 69 | in the state. |
| 70 | 1. Each voice communications service provider other than a |
| 71 | wireless provider local exchange carrier shall bill the fee to a |
| 72 | subscriber based on the number of access lines having access to |
| 73 | the E911 system, the local exchange subscribers on a service- |
| 74 | identifier basis, up to a maximum of 25 access lines per account |
| 75 | bill rendered. |
| 76 | 2. Each voice communications service provider other than a |
| 77 | wireless provider shall bill the fee to a subscriber on a basis |
| 78 | of five service-identified access lines for each digital |
| 79 | transmission link, including primary rate interface service or |
| 80 | equivalent Digital Signal 1 level service, which can be |
| 81 | channelized and split into 23 or 24 voice or data grade channels |
| 82 | for communications, up to a maximum of 25 access lines per |
| 83 | account bill rendered. |
| 84 | 3.2. Except in the case of prepaid wireless service, each |
| 85 | wireless provider shall bill the fee to a subscriber on a per- |
| 86 | service-identifier basis for service identifiers whose primary |
| 87 | place of use is within this state. Before July 1, 2013, the fee |
| 88 | may shall not be assessed on or collected from a provider with |
| 89 | respect to an end user's service if that end user's service is a |
| 90 | prepaid calling arrangement that is subject to s. 212.05(1)(e). |
| 91 | a. A No E911 fee may not shall be collected from the sale |
| 92 | of prepaid wireless service before prior to July 1, 2013. |
| 93 | b. For purposes of this section, the term: |
| 94 | (I) "Prepaid wireless service" means the right to access |
| 95 | telecommunications services, which that must be paid for in |
| 96 | advance and is sold in predetermined units or dollars enabling |
| 97 | the originator to make calls such that the number of units or |
| 98 | dollars declines with use in a known amount. |
| 99 | (II) "Prepaid wireless service providers" includes those |
| 100 | persons who sell prepaid wireless service regardless of its |
| 101 | form, either as a retailer or reseller. |
| 102 | 4.3. The All voice communications services providers not |
| 103 | addressed under subparagraphs 1., 2., and 3. 2. shall bill the |
| 104 | fee on a per-service-identifier basis for service identifiers |
| 105 | whose primary place of use is within the state up to a maximum |
| 106 | of 25 service identifiers for each account bill rendered. |
| 107 |
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| 108 | The provider may list the fee as a separate entry on each bill, |
| 109 | in which case the fee must be identified as a fee for E911 |
| 110 | services. A provider shall remit the fee to the board only if |
| 111 | the fee is paid by the subscriber. If a provider receives a |
| 112 | partial payment for a monthly bill from a subscriber, the amount |
| 113 | received shall first be applied to the payment due the provider |
| 114 | for providing voice communications service. |
| 115 | (e) Effective September 1, 2007, voice communications |
| 116 | services providers billing the fee to subscribers shall deliver |
| 117 | revenues from the fee to the board within 60 days after the end |
| 118 | of the month in which the fee was billed, together with a |
| 119 | monthly report of the number of service identifiers in each |
| 120 | county. Each wireless provider and other applicable provider |
| 121 | identified in subparagraph (a)4. (a)3. shall report the number |
| 122 | of service identifiers for subscribers whose place of primary |
| 123 | use is in each county. All provider subscriber information |
| 124 | provided to the board is subject to s. 365.174. If a provider |
| 125 | chooses to remit any fee amounts to the board before they are |
| 126 | paid by the subscribers, a provider may apply to the board for a |
| 127 | refund of, or may take a credit for, any such fees remitted to |
| 128 | the board which are not collected by the provider within 6 |
| 129 | months following the month in which the fees are charged off for |
| 130 | federal income tax purposes as bad debt. |
| 131 | (11) INDEMNIFICATION AND LIMITATION OF LIABILITY.-A local |
| 132 | government may governments are authorized to undertake to |
| 133 | indemnify local exchange carriers against liability in |
| 134 | accordance with the published schedules lawfully filed tariffs |
| 135 | of the company. Notwithstanding an indemnification agreement, a |
| 136 | local exchange carrier, voice communications services provider, |
| 137 | or other service provider that provides 911 or E911 service on a |
| 138 | retail or wholesale basis is not liable for damages resulting |
| 139 | from or in connection with 911 or E911 service, or for |
| 140 | identification of the telephone number, or address, or name |
| 141 | associated with any person accessing 911 or E911 service, unless |
| 142 | the carrier or the voice communications services provider acted |
| 143 | with malicious purpose or in a manner exhibiting wanton and |
| 144 | willful disregard of the rights, safety, or property of a person |
| 145 | when providing such services. A carrier or voice communications |
| 146 | services provider is not liable for damages to any person |
| 147 | resulting from or in connection with the carrier's or provider's |
| 148 | provision of any lawful assistance to any investigative or law |
| 149 | enforcement officer of the United States, this state, or a |
| 150 | political subdivision thereof, or of any other state or |
| 151 | political subdivision thereof, in connection with any lawful |
| 152 | investigation or other law enforcement activity by such law |
| 153 | enforcement officer. For purposes of this subsection, the term |
| 154 | "provide 911 or E911 service" means to provide a |
| 155 | telecommunications service, voice or nonvoice communications |
| 156 | service, or other wireline or wireless service, including, but |
| 157 | not limited to, a service using Internet protocol, which |
| 158 | provides, in whole or in part, any of the following functions: |
| 159 | providing members of the public with the ability to reach an |
| 160 | answering point by using the digits 9-1-1; directing 911 calls |
| 161 | to answering points by selective routing; providing for |
| 162 | automatic number identification and automatic location- |
| 163 | identification features; or providing wireless E911 services as |
| 164 | defined in an order. |
| 165 | Section 2. Paragraph (e) of subsection (1) and subsection |
| 166 | (3) of section 427.706, Florida Statutes, are amended to read: |
| 167 | 427.706 Advisory committee.- |
| 168 | (1) The commission shall appoint an advisory committee to |
| 169 | assist the commission with the implementation of the provisions |
| 170 | of this part. The committee shall be composed of no more than 10 |
| 171 | persons and shall include, to the extent practicable, the |
| 172 | following: |
| 173 | (e) Two representatives of telecommunications companies, |
| 174 | one representing a local exchange telecommunications company and |
| 175 | one representing an interexchange telecommunications company, |
| 176 | recommended by the Florida Telephone Association. |
| 177 | (3) Members of the committee may shall not be compensated |
| 178 | for their services but are shall be entitled to receive |
| 179 | reimbursement for per diem and travel expenses as provided in s. |
| 180 | 112.061. The commission shall use funds from the Florida Public |
| 181 | Service Regulatory Trust Fund to cover the costs incurred by |
| 182 | members of the advisory committee. |
| 183 | Section 3. This act shall take effect July 1, 2012. |