Florida Senate - 2023                             CS for SB 1418
       
       
        
       By the Committee on Regulated Industries; and Senator Bradley
       
       
       
       
       
       580-03530-23                                          20231418c1
    1                        A bill to be entitled                      
    2         An act relating to emergency communications; amending
    3         s. 365.172, F.S.; revising a short title; revising
    4         legislative intent; revising and defining terms;
    5         renaming the E911 Board as the Emergency
    6         Communications Board; providing the purpose of the
    7         board; revising the composition of the board;
    8         establishing board responsibilities; requiring the
    9         board to administer fees; authorizing the board to
   10         create subcommittees; authorizing the board to
   11         establish schedules for implementing certain wireless
   12         systems and improvements; establishing notice and
   13         publication requirements before distribution of
   14         revenues; providing for priority of county
   15         applications for funds; requiring board oversight of
   16         such funds; eliminating certain authority of the
   17         board; providing for the board’s authority to
   18         implement changes to the allocation percentages or to
   19         adjust the fee; revising the frequency of board
   20         meetings and the business to be conducted at such
   21         meetings; revising the composition of a committee that
   22         reviews requests for proposals from the board
   23         regarding independent accounting firm selection;
   24         revising provisions relating to the public safety
   25         emergency communications systems fee; requiring
   26         uniform application and imposition of the fee;
   27         revising the factors that the board considers when
   28         setting percentages or contemplating adjustments to
   29         the fee; updating provisions relating to the prepaid
   30         wireless public safety emergency communications
   31         systems fee; revising emergency communications and 911
   32         service functions; revising the types of emergency
   33         communications equipment and services that are
   34         eligible for expenditure of moneys derived from the
   35         fee; amending s. 365.173, F.S.; renaming the
   36         Communications Number E911 System Fund as the
   37         Emergency Communications Fund; revising the percent
   38         distribution of the fund; deleting the percent
   39         distribution of wireless providers; adding a specified
   40         percent distribution to rural counties; amending s.
   41         365.177, F.S.; extending the date by which the
   42         Division of Telecommunications within the Department
   43         of Management Services is required to develop a plan
   44         to upgrade 911 public safety answering points;
   45         amending ss. 212.05965, 365.171, and 365.174, F.S.;
   46         conforming provisions to changes made by the act;
   47         providing an effective date.
   48          
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. Section 365.172, Florida Statutes, is amended to
   52  read:
   53         365.172 Emergency communications. number “E911.”—
   54         (1) SHORT TITLE.—This section may be cited as the
   55  “Emergency Communications Number E911 Act.”
   56         (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
   57  to:
   58         (a) Establish and implement a comprehensive statewide
   59  emergency communications and response capability using modern
   60  technologies and methods. telecommunications number system that
   61  will provide users of voice communications services within the
   62  state rapid direct access to public safety agencies by accessing
   63  the telephone number “911.”
   64         (b) Provide funds to counties and state agencies that
   65  operate 911 centers to pay certain costs associated with their
   66  public safety emergency response capabilities and costs incurred
   67  to purchase, upgrade, and maintain 911 systems, computer-aided
   68  dispatch, and systems to create interoperable radio
   69  communications systems E911 or 911 systems, to contract for E911
   70  services, and to reimburse wireless telephone service providers
   71  for costs incurred to provide 911 or E911 services.
   72         (c) Levy a reasonable fee on users of voice communications
   73  services, unless otherwise provided in this section, to
   74  accomplish these purposes.
   75         (d) Provide for an Emergency Communications Board E911
   76  board to administer the fee, with oversight by the office, in a
   77  manner that is competitively and technologically neutral as to
   78  all voice communications services providers.
   79         (e) Ensure that the fee established for emergency
   80  communications systems is used exclusively for recovery by
   81  wireless providers and by counties and state agencies that
   82  operate 911 centers for costs associated with developing and
   83  maintaining emergency communications E911 systems and networks
   84  in a manner that is competitively and technologically neutral as
   85  to all voice communications services providers.
   86  
   87  It is further the intent of the Legislature that the fee
   88  authorized or imposed by this section not necessarily provide
   89  the total funding required for establishing or providing
   90  emergency communications systems and services E911 service.
   91         (3) DEFINITIONS.—Only as used in this section and ss.
   92  365.171, 365.173, 365.174, and 365.177, the term:
   93         (a) “Authorized expenditures” means expenditures of the
   94  fee, as specified in subsection (10).
   95         (b) “Automatic location identification” means the
   96  capability of the E911 service which enables the automatic
   97  display of information that defines the approximate geographic
   98  location of the wireless telephone, or the location of the
   99  address of the wireline telephone, used to place a 911 call.
  100         (c) “Automatic number identification” means the capability
  101  of the E911 service which enables the automatic display of the
  102  service number used to place a 911 call.
  103         (d) “Board” or “Emergency Communications Board” “E911
  104  Board” means the board of directors of the E911 Board
  105  established in subsection (5).
  106         (e) “Building permit review” means a review for compliance
  107  with building construction standards adopted by the local
  108  government under chapter 553 and does not include a review for
  109  compliance with land development regulations.
  110         (f) Colocation “Collocation” means the situation when a
  111  second or subsequent wireless provider uses an existing
  112  structure to locate a second or subsequent antennae. The term
  113  includes the ground, platform, or roof installation of equipment
  114  enclosures, cabinets, or buildings, and cables, brackets, and
  115  other equipment associated with the location and operation of
  116  the antennae.
  117         (g)“Computer-aided dispatch” or “CAD” means a computerized
  118  system for entering, tracking, dispatching, and resolving
  119  requests for public safety services.
  120         (h)(g) “Designed service” means the configuration and
  121  manner of deployment of service the wireless provider has
  122  designed for an area as part of its network.
  123         (i)(h) “Enhanced 911” or “E911” means an enhanced 911
  124  system or enhanced 911 service that is an emergency telephone
  125  system or service that provides a subscriber with 911 service
  126  and, in addition, directs 911 calls to appropriate public safety
  127  answering points by selective routing based on the geographical
  128  location from which the call originated, or as otherwise
  129  provided in the state plan under s. 365.171, and that provides
  130  for automatic number identification and automatic location
  131  identification features. A 911 E911 service provided by a
  132  wireless provider means E911 as defined in the order.
  133         (j)(i) “Existing structure” means a structure that exists
  134  at the time an application for permission to place antennae on a
  135  structure is filed with a local government. The term includes
  136  any structure that can structurally support the attachment of
  137  antennae in compliance with applicable codes.
  138         (k)(j) “Fee” or “public safety emergency communications
  139  systems fee” means the E911 fee authorized and imposed under
  140  subsections (8) and (9).
  141         (l)(k) “Fund” means the Emergency Communications Number
  142  E911 System Fund established in s. 365.173 and maintained under
  143  this section for the purpose of recovering the costs associated
  144  with providing emergency communications 911 service or E911
  145  service, including the costs of implementing the order. The fund
  146  shall be segregated into wireless, prepaid wireless, and
  147  nonwireless categories.
  148         (m)(l) “Historic building, structure, site, object, or
  149  district” means any building, structure, site, object, or
  150  district that has been officially designated as a historic
  151  building, historic structure, historic site, historic object, or
  152  historic district through a federal, state, or local designation
  153  program.
  154         (n)(m) “Land development regulations” means any ordinance
  155  enacted by a local government for the regulation of any aspect
  156  of development, including an ordinance governing zoning,
  157  subdivisions, landscaping, tree protection, or signs, the local
  158  government’s comprehensive plan, or any other ordinance
  159  concerning any aspect of the development of land. The term does
  160  not include any building construction standard adopted under and
  161  in compliance with chapter 553.
  162         (o)(n) “Local exchange carrier” means a “competitive local
  163  exchange telecommunications company” or a “local exchange
  164  telecommunications company” as defined in s. 364.02.
  165         (p)(o) “Local government” means any municipality, county,
  166  or political subdivision or agency of a municipality, county, or
  167  political subdivision.
  168         (q)(p) “Medium county” means any county that has a
  169  population of 75,000 or more but less than 750,000.
  170         (r)(q) “Mobile telephone number” or “MTN” means the
  171  telephone number assigned to a wireless telephone at the time of
  172  initial activation.
  173         (s)“Next Generation 911” or “NG911” means an Internet
  174  protocol(IP)-based system comprised of managed emergency
  175  services IP networks (ESInets), functional elements such as
  176  applications, and databases that replicate traditional E911
  177  features and functions and provides additional capabilities. The
  178  NG911 system is designed to provide access to emergency services
  179  from all connected communications sources and provide multimedia
  180  data capabilities for public safety answering points (PSAPs) and
  181  other emergency service organizations.
  182         (t)(r) “Nonwireless category” means the revenues to the
  183  fund received from voice communications services providers other
  184  than wireless providers.
  185         (u)(s) “Office” means the Division of Telecommunications
  186  within the Department of Management Services, as designated by
  187  the secretary of the department.
  188         (v)(t) “Order” means:
  189         1. The following orders and rules of the Federal
  190  Communications Commission issued in FCC Docket No. 94-102:
  191         a. Order adopted on June 12, 1996, with an effective date
  192  of October 1, 1996, the amendments to s. 20.03 and the creation
  193  of s. 20.18 of Title 47 of the Code of Federal Regulations
  194  adopted by the Federal Communications Commission pursuant to
  195  such order.
  196         b. Memorandum and Order No. FCC 97-402 adopted on December
  197  23, 1997.
  198         c. Order No. FCC DA 98-2323 adopted on November 13, 1998.
  199         d. Order No. FCC 98-345 adopted December 31, 1998.
  200         2. Orders and rules subsequently adopted by the Federal
  201  Communications Commission relating to the provision of 911
  202  services, including Order Number FCC-05-116, adopted May 19,
  203  2005.
  204         (w)(u) “Prepaid wireless category” means all revenues in
  205  the fund received through the Department of Revenue from the fee
  206  authorized and imposed under subsection (9).
  207         (x)(v) “Prepaid wireless service” means a right to access
  208  wireless service that allows a caller to contact and interact
  209  with 911 to access the 911 system, which service must be paid
  210  for in advance and is sold in predetermined units or dollars,
  211  which units or dollars expire on a predetermined schedule or are
  212  decremented on a predetermined basis in exchange for the right
  213  to access wireless service.
  214         (y)(w) “Public agency” means the state and any
  215  municipality, county, municipal corporation, or other
  216  governmental entity, public district, or public authority
  217  located in whole or in part within this state which provides, or
  218  has authority to provide, firefighting, law enforcement,
  219  ambulance, medical, or other emergency services.
  220         (z)(x) “Public safety agency” means a functional division
  221  of a public agency which provides firefighting, law enforcement,
  222  medical, or other emergency services.
  223         (aa)(y) “Public safety answering point,” “PSAP,” or
  224  “answering point” means the public safety agency that receives
  225  incoming 911 requests for assistance and dispatches appropriate
  226  public safety agencies to respond to the requests in accordance
  227  with the state E911 plan.
  228         (bb)(z) “Rural county” means any county that has a
  229  population of fewer than 75,000.
  230         (cc)(aa) “Service identifier” means the service number,
  231  access line, or other unique identifier assigned to a subscriber
  232  and established by the Federal Communications Commission for
  233  purposes of routing calls whereby the subscriber has access to
  234  the E911 system.
  235         (dd)(bb) “Tower” means any structure designed primarily to
  236  support a wireless provider’s antennae.
  237         (ee)(cc) “Voice communications services” means two-way
  238  voice service, through the use of any technology, which actually
  239  provides access to 911 E911 services, and includes
  240  communications services, as defined in s. 202.11, which actually
  241  provide access to 911 E911 services and which are required to be
  242  included in the provision of 911 E911 services pursuant to
  243  orders and rules adopted by the Federal Communications
  244  Commission. The term includes voice-over-Internet-protocol
  245  service. For the purposes of this section, the term “voice-over
  246  Internet-protocol service” or “VoIP service” means
  247  interconnected VoIP services having the following
  248  characteristics:
  249         1. The service enables real-time, two-way voice
  250  communications;
  251         2. The service requires a broadband connection from the
  252  user’s locations;
  253         3. The service requires IP-compatible customer premises
  254  equipment; and
  255         4. The service offering allows users generally to receive
  256  calls that originate on the public switched telephone network
  257  and to terminate calls on the public switched telephone network.
  258         (ff)(dd) “Voice communications services provider” or
  259  “provider” means any person or entity providing voice
  260  communications services, except that the term does not include
  261  any person or entity that resells voice communications services
  262  and was assessed the fee authorized and imposed under subsection
  263  (8) by its resale supplier.
  264         (gg)(ee) “Wireless 911 system” or “wireless 911 service”
  265  means an emergency telephone system or service that provides a
  266  subscriber with the ability to reach an answering point by
  267  accessing the digits 911.
  268         (hh)(ff) “Wireless category” means the revenues to the fund
  269  received from a wireless provider from the fee authorized and
  270  imposed under subsection (8).
  271         (ii)(gg) “Wireless communications facility” means any
  272  equipment or facility used to provide service and may include,
  273  but is not limited to, antennae, towers, equipment enclosures,
  274  cabling, antenna brackets, and other such equipment. Placing a
  275  wireless communications facility on an existing structure does
  276  not cause the existing structure to become a wireless
  277  communications facility.
  278         (jj)(hh) “Wireless provider” means a person who provides
  279  wireless service and:
  280         1. Is subject to the requirements of the order; or
  281         2. Elects to provide wireless 911 service, or E911 service,
  282  or NG911 service in this state.
  283         (kk)(ii) “Wireless service” means “commercial mobile radio
  284  service” as provided under ss. 3(27) and 332(d) of the Federal
  285  Telecommunications Act of 1996, 47 U.S.C. ss. 151 et seq., and
  286  the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103
  287  66, August 10, 1993, 107 Stat. 312. The term includes service
  288  provided by any wireless real-time two-way wire communication
  289  device, including radio-telephone communications used in
  290  cellular telephone service; personal communications service; or
  291  the functional or competitive equivalent of a radio-telephone
  292  communications line used in cellular telephone service, a
  293  personal communications service, or a network radio access line.
  294  The term does not include wireless providers that offer mainly
  295  dispatch service in a more localized, noncellular configuration;
  296  providers offering only data, one-way, or stored-voice services
  297  on an interconnected basis; providers of air-to-ground services;
  298  or public coast stations.
  299         (4) POWERS AND DUTIES OF THE OFFICE.—The office shall
  300  oversee the administration of the fee authorized and imposed
  301  under subsections (8) and (9).
  302         (5) THE EMERGENCY COMMUNICATIONS E911 BOARD.—
  303         (a) The Emergency Communications E911 Board is established
  304  to administer, with oversight by the office, to:
  305         1.Administer governance for how emergency infrastructure
  306  and information, such as voice, text, data, and images, are
  307  handled from receipt at a PSAP and routing to first responders;
  308         2.Establish a financial model for the state and local
  309  governments to use existing revenue sources to invest in public
  310  safety communication and technology for first responders; and
  311         3.Administer a financially sustainable model dedicated to
  312  public safety communications and technology which will benefit
  313  the state and local governments and all state residents and
  314  visitors.
  315         (b)Public safety funding under paragraph (a) must focus
  316  on, but not be limited to:
  317         1.Next Generation 911.
  318         2.Emergency services IP network (ESInet).
  319         3.Computer-aided dispatch (CAD).
  320         4.Interfaces, including:
  321         a.Land mobile radio (LMR);
  322         b.Smart city technology data; and
  323         c.In-building coverage.
  324         5.Public safety broadband networks.
  325         6.Cybersecurity.
  326  , with oversight by the office, the fee imposed under
  327  subsections (8) and (9), including receiving revenues derived
  328  from the fee; distributing portions of the revenues to wireless
  329  providers, counties, and the office; accounting for receipts,
  330  distributions, and income derived by the funds maintained in the
  331  fund; and providing annual reports to the Governor and the
  332  Legislature for submission by the office on amounts collected
  333  and expended, the purposes for which expenditures have been
  334  made, and the status of E911 service in this state. In order to
  335  advise and assist the office in implementing the purposes of
  336  this section, the board, which has the power of a body
  337  corporate, has the powers enumerated in subsection (6).
  338         (c)(b) The board shall consist of nine 11 members, one of
  339  whom must be the system director designated under s. 365.171(5),
  340  or his or her designee, who shall serve as the chair of the
  341  board. The remaining eight 10 members of the board shall be
  342  appointed by the Governor. All members shall be Florida
  343  residents. Consideration shall be given to members from rural,
  344  medium, and large counties and from a broad range of fields,
  345  including, but not limited to, members who have experience in
  346  law enforcement, fire response, emergency medical services, 911
  347  coordination, public safety dispatch, and telecommunications and
  348  must be composed of 5 county 911 coordinators, consisting of a
  349  representative from a rural county, a representative from a
  350  medium county, a representative from a large county, and 2 at
  351  large representatives recommended by the Florida Association of
  352  Counties in consultation with the county 911 coordinators; 3
  353  local exchange carrier member representatives, one of whom must
  354  be a representative of the local exchange carrier having the
  355  greatest number of access lines in the state and one of whom
  356  must be a representative of a certificated competitive local
  357  exchange telecommunications company; and 2 member
  358  representatives from the wireless telecommunications industry,
  359  with consideration given to wireless providers that are not
  360  affiliated with local exchange carriers. Not more than one
  361  member may be appointed to represent any single provider on the
  362  board.
  363         (d)(c) The system director, designated under s. 365.171(5),
  364  or his or her designee, must be a permanent member of the board.
  365  Each of the remaining eight 10 members of the board shall be
  366  appointed to a 4-year term and may not be appointed to more than
  367  two successive terms. However, for the purpose of staggering
  368  terms, three two of the original board members shall be
  369  appointed to terms of 4 years, three two shall be appointed to
  370  terms of 3 years, and two four shall be appointed to terms of 2
  371  years, as designated by the Governor. A vacancy on the board
  372  shall be filled in the same manner as the original appointment.
  373         (e)The board shall be responsible for ensuring
  374  interoperability of and connectivity between public safety
  375  communication systems within this state, including, but not
  376  limited to, the following:
  377         1.Call routing accuracy and timeliness of response.
  378         2.Improved interagency communication and situational
  379  awareness.
  380         3.Improved interagency system connectivity.
  381         4.Improved response times.
  382         5.Maximized use of emerging technologies.
  383         6.Improved lifecycle management of the systems, equipment,
  384  and services that enable responders and public safety officials
  385  to share information securely.
  386         7.Developed governance, policy, and procedure across
  387  public safety agencies.
  388         8.Established resilient and secure emergency
  389  communications systems to reduce cybersecurity threats and
  390  vulnerabilities.
  391         (f)The board shall administer the fee imposed under
  392  subsections (8) and (9), including receiving revenues derived
  393  from the fee; distributing portions of the revenues to counties,
  394  state agencies that operate 911 centers, and the office;
  395  accounting for receipts, distributions, and income derived by
  396  the funds maintained in the fund; and providing annual reports
  397  for review and submission to the Governor and the Legislature on
  398  amounts collected and expended, the purposes for which
  399  expenditures have been made, and the status of emergency
  400  communications services in this state.
  401         (g)The board may create subcommittees to advise the board,
  402  as needed.
  403         (6) AUTHORITY OF THE BOARD; ANNUAL REPORT.—
  404         (a) The board shall:
  405         1. Administer the public safety emergency communications
  406  systems E911 fee.
  407         2. Implement, maintain, and oversee the fund.
  408         3. Review and oversee the disbursement of the revenues
  409  deposited into the fund as provided in s. 365.173.
  410         a. The board may establish a schedule for implementing
  411  wireless NG911 systems, public safety radio communications
  412  systems, and other public safety communications improvements
  413  E911 service by service area, and prioritize disbursements of
  414  revenues from the fund to providers and rural counties as
  415  provided in s. 365.173(2)(f) s. 365.173(2)(e) and (g) pursuant
  416  to the schedule, in order to implement 911 E911 services in the
  417  most efficient and cost-effective manner.
  418         b.The board shall provide 90 days’ written notice to all
  419  counties and state agencies that operate 911 centers and publish
  420  electronically an approved application process. Applications
  421  shall be prioritized based on the availability of funds, current
  422  system life expectancy, and system replacement needs. The board
  423  shall take all actions within its authority to ensure that
  424  county recipients of such funds use these funds only for the
  425  purpose under which they have been provided and may take any
  426  actions within its authority to secure county repayment of
  427  revenues upon a determination that the funds were not used for
  428  the purpose for which the funds were dispersed.
  429         b.Revenues in the fund which have not been disbursed
  430  because sworn invoices as required by s. 365.173(2)(e) have not
  431  been submitted to the board may be used by the board as needed
  432  to provide grants to counties for the purpose of upgrading E911
  433  systems. The counties must use the funds only for capital
  434  expenditures or remotely provided hosted 911 answering point
  435  call-taking equipment and network services directly attributable
  436  to establishing and provisioning E911 services, which may
  437  include next-generation deployment. Prior to the distribution of
  438  grants, the board shall provide 90 days’ written notice to all
  439  counties and publish electronically an approved application
  440  process. County grant applications shall be prioritized based on
  441  the availability of funds, current system life expectancy,
  442  system replacement needs, and Phase II compliance per the
  443  Federal Communications Commission. No grants will be available
  444  to any county for next-generation deployment until all counties
  445  are Phase II complete. The board shall take all actions within
  446  its authority to ensure that county recipients of such grants
  447  use these funds only for the purpose under which they have been
  448  provided and may take any actions within its authority to secure
  449  county repayment of grant revenues upon determination that the
  450  funds were not used for the purpose under which they were
  451  provided.
  452         c.When determining the funding provided in a state 911
  453  grant application request, the board shall take into account
  454  information on the amount of carryforward funds retained by the
  455  counties. The information will be based on the amount of county
  456  carryforward funds reported in the financial audit required in
  457  s. 365.173(2)(d). E911 State Grant Program funding requests will
  458  be limited by any county carryforward funds in excess of the
  459  allowable 30 percent amount of fee revenue calculated on a 2
  460  year basis.
  461         d.The board shall reimburse all costs of a wireless
  462  provider in accordance with s. 365.173(2)(e) before taking any
  463  action to transfer additional funds.
  464         e.After taking the action required in sub-subparagraphs
  465  a.-d., the board may review and, with all members participating
  466  in the vote, adjust the percentage allocations or adjust the
  467  amount of the fee as provided under paragraph (8)(g), and, if
  468  the board determines that the revenues in the wireless category
  469  exceed the amount needed to reimburse wireless providers for the
  470  cost to implement E911 services, the board may transfer revenue
  471  to the counties from the existing funds within the wireless
  472  category. The board shall disburse the funds equitably to all
  473  counties using a timeframe and distribution methodology
  474  established by the board.
  475         4. Review documentation submitted by wireless providers
  476  which reflects current and projected funds derived from the fee,
  477  and the expenses incurred and expected to be incurred in order
  478  to comply with the E911 service requirements contained in the
  479  order for the purposes of:
  480         a.Ensuring that wireless providers receive fair and
  481  equitable distributions of funds from the fund.
  482         b.Ensuring that wireless providers are not provided
  483  disbursements from the fund which exceed the costs of providing
  484  E911 service, including the costs of complying with the order.
  485         c.Ascertaining the projected costs of compliance with the
  486  requirements of the order and projected collections of the fee.
  487         d.Implementing changes to the allocation percentages or
  488  adjusting the fee under paragraph (8)(h).
  489         5.Implement changes to the allocation percentages or
  490  adjust the fee pursuant to s. 365.173.
  491         6.5. Meet quarterly monthly in the most efficient and cost
  492  effective manner, including telephonically when practical, for
  493  the business to be conducted, to review and authorize the
  494  schedule of fee allocation transfer and distribution to the
  495  counties and state agencies that operate 911 centers approve or
  496  reject, in whole or in part, applications submitted by wireless
  497  providers for recovery of moneys deposited into the wireless
  498  category, and to authorize the transfer of, and distribute, the
  499  fee allocation to the counties.
  500         7.6. Hire and retain employees, which may include an
  501  independent executive director who shall possess experience in
  502  the area of telecommunications and emergency 911 issues, for the
  503  purposes of performing the technical and administrative
  504  functions for the board.
  505         8.7. Make and enter into contracts, pursuant to chapter
  506  287, and execute other instruments necessary or convenient for
  507  the exercise of the powers and functions of the board.
  508         9.8. Sue and be sued, and appear and defend in all actions
  509  and proceedings, in its corporate name to the same extent as a
  510  natural person.
  511         10.9. Adopt, use, and alter a common corporate seal.
  512         11.10. Elect or appoint the officers and agents that are
  513  required by the affairs of the board.
  514         12.11. The board may adopt rules under ss. 120.536(1) and
  515  120.54 to implement this section and ss. 365.173 and 365.174.
  516         13.12. Provide coordination, support, and technical
  517  assistance to counties to promote the deployment of advanced
  518  public safety emergency communications 911 and E911 systems in
  519  the state.
  520         14.13. Provide coordination and support for educational
  521  opportunities related to 911 E911 issues for the public safety
  522  emergency communications E911 community in this state.
  523         15.14. Act as an advocate for issues related to public
  524  safety emergency communications E911 system functions, features,
  525  and operations to improve the delivery of public safety
  526  emergency communications E911 services to the residents of and
  527  visitors to this state.
  528         16.15. Coordinate input from this state at national forums
  529  and associations, to ensure that policies related to public
  530  safety emergency communications E911 systems and services are
  531  consistent with the policies of the public safety emergency
  532  communications E911 community in this state.
  533         17.16. Work cooperatively with the system director
  534  established in s. 365.171(5) to enhance the state of public
  535  safety emergency communications E911 services in this state and
  536  to provide unified leadership for all public safety emergency
  537  communications E911 issues through planning and coordination.
  538         18.17. Do all acts and things necessary or convenient to
  539  carry out the powers granted in this section in a manner that is
  540  competitively and technologically neutral as to all voice
  541  communications services providers, including, but not limited
  542  to, consideration of emerging technology and related cost
  543  savings, while taking into account embedded costs in current
  544  systems.
  545         19.18. Have the authority to secure the services of an
  546  independent, private attorney via invitation to bid, request for
  547  proposals, invitation to negotiate, or professional contracts
  548  for legal services already established at the Division of
  549  Purchasing of the Department of Management Services.
  550         (b) Board members shall serve without compensation;
  551  however, members are entitled to per diem and travel expenses as
  552  provided in s. 112.061.
  553         (c) By February 28 of each year, the board shall prepare a
  554  report for submission by the office to the Governor, the
  555  President of the Senate, and the Speaker of the House of
  556  Representatives which addresses for the immediately preceding
  557  state fiscal year and county fiscal year:
  558         1. The annual receipts, including the total amount of fee
  559  revenues collected by each provider, the total disbursements of
  560  money in the fund, including the amount of fund-reimbursed
  561  expenses incurred by each wireless provider to comply with the
  562  order, and the amount of moneys on deposit in the fund.
  563         2. Whether the amount of the fee and the allocation
  564  percentages set forth in s. 365.173 have been or should be
  565  adjusted to comply with the requirements of the order or other
  566  provisions of this chapter, and the reasons for making or not
  567  making a recommended adjustment to the fee.
  568         3. Any other issues related to providing emergency
  569  communications E911 services.
  570         4. The status of public safety emergency communications
  571  E911 services in this state.
  572         (7) REQUEST FOR PROPOSALS FOR INDEPENDENT ACCOUNTING FIRM.—
  573         (a) The board shall issue a request for proposals as
  574  provided in chapter 287 for the purpose of retaining an
  575  independent accounting firm. The independent accounting firm
  576  shall perform all material administrative and accounting tasks
  577  and functions required for administering the fee. The request
  578  for proposals must include, but need not be limited to:
  579         1. A description of the scope and general requirements of
  580  the services requested.
  581         2. A description of the specific accounting and reporting
  582  services required for administering the fund, including
  583  processing checks and distributing funds as directed by the
  584  board under s. 365.173.
  585         3. A description of information to be provided by the
  586  proposer, including the proposer’s background and qualifications
  587  and the proposed cost of the services to be provided.
  588         (b) The board shall establish a committee to review
  589  requests for proposals which must include the statewide
  590  emergency communications systems E911 system director designated
  591  under s. 365.171(5), or his or her designee, and two members of
  592  the board, one of whom is a county 911 coordinator and one of
  593  whom represents a voice communications services provider. The
  594  review committee shall review the proposals received by the
  595  board and recommend an independent accounting firm to the board
  596  for final selection. By agreeing to serve on the review
  597  committee, each member of the review committee shall verify that
  598  he or she does not have any interest or employment, directly or
  599  indirectly, with potential proposers which conflicts in any
  600  manner or degree with his or her performance on the committee.
  601         (c) The board may secure the services of an independent
  602  accounting firm via invitation to bid, request for proposals,
  603  invitation to negotiate, or professional contracts already
  604  established at the Division of Purchasing, Department of
  605  Management Services, for certified public accounting firms, or
  606  the board may hire and retain professional accounting staff to
  607  accomplish these functions.
  608         (8) PUBLIC SAFETY EMERGENCY COMMUNICATIONS SYSTEMS E911
  609  FEE.—
  610         (a) Each voice communications services provider shall
  611  collect the fee described in this subsection, except that the
  612  fee for prepaid wireless service shall be collected in the
  613  manner set forth in subsection (9). Each provider, as part of
  614  its monthly billing process, shall bill the fee as follows. The
  615  fee shall not be assessed on any pay telephone in the state.
  616         1. Each voice communications service provider other than a
  617  wireless provider shall bill the fee to a subscriber based on
  618  the number of access lines having access to the 911 E911 system,
  619  on a service-identifier basis, up to a maximum of 25 access
  620  lines per account bill rendered.
  621         2. Each voice communications service provider other than a
  622  wireless provider shall bill the fee to a subscriber on a basis
  623  of five service-identified access lines for each digital
  624  transmission link, including primary rate interface service or
  625  equivalent Digital-Signal-1-level service, which can be
  626  channelized and split into 23 or 24 voice-grade or data-grade
  627  channels for communications, up to a maximum of 25 access lines
  628  per account bill rendered.
  629         3. Except in the case of prepaid wireless service, each
  630  wireless provider shall bill the fee to a subscriber on a per
  631  service-identifier basis for service identifiers whose primary
  632  place of use is within this state. The fee may shall not be
  633  assessed on or collected from a provider with respect to an end
  634  user’s service if that end user’s service is a prepaid wireless
  635  service sold before January 1, 2015.
  636         4. Except in the case of prepaid wireless service, each
  637  voice communications services provider not addressed under
  638  subparagraphs 1., 2., and 3. shall bill the fee on a per
  639  service-identifier basis for service identifiers whose primary
  640  place of use is within the state up to a maximum of 25 service
  641  identifiers for each account bill rendered.
  642  
  643  The provider may list the fee as a separate entry on each bill,
  644  in which case the fee must be identified as a fee for 911 E911
  645  services. A provider shall remit the fee to the board only if
  646  the fee is paid by the subscriber. If a provider receives a
  647  partial payment for a monthly bill from a subscriber, the amount
  648  received shall first be applied to the payment due the provider
  649  for providing voice communications service.
  650         (b) A provider is not obligated to take any legal action to
  651  enforce collection of the fees for which any subscriber is
  652  billed. A county subscribing to 911 service remains liable to
  653  the provider delivering the 911 service or equipment for any 911
  654  service, equipment, operation, or maintenance charge owed by the
  655  county to the provider.
  656         (c) For purposes of this subsection, the state and local
  657  governments are not subscribers.
  658         (d) Each provider may retain 1 percent of the amount of the
  659  fees collected as reimbursement for the administrative costs
  660  incurred by the provider to bill, collect, and remit the fee.
  661  The remainder shall be delivered to the board and deposited by
  662  the board into the fund. The board shall distribute the
  663  remainder pursuant to s. 365.173.
  664         (e) Voice communications services providers billing the fee
  665  to subscribers shall deliver revenues from the fee to the board
  666  within 60 days after the end of the month in which the fee was
  667  billed, together with a monthly report of the number of service
  668  identifiers in each county. Each wireless provider and other
  669  applicable provider identified in subparagraph (a)4. shall
  670  report the number of service identifiers for subscribers whose
  671  place of primary use is in each county. All provider subscriber
  672  information provided to the board is subject to s. 365.174. If a
  673  provider chooses to remit any fee amounts to the board before
  674  they are paid by the subscribers, a provider may apply to the
  675  board for a refund of, or may take a credit for, any such fees
  676  remitted to the board which are not collected by the provider
  677  within 6 months following the month in which the fees are
  678  charged off for federal income tax purposes as bad debt.
  679         (f) The rate of the fee may not exceed 50 cents per month
  680  for each service identifier. Effective January 1, 2015, the fee
  681  shall be 40 cents per month for each service identifier. The fee
  682  shall apply uniformly and be imposed throughout the state,
  683  except for those counties that, before July 1, 2007, had adopted
  684  an ordinance or resolution establishing a fee less than 50 cents
  685  per month per access line. In those counties the fee established
  686  by ordinance may be changed only to the uniform statewide rate
  687  no sooner than 30 days after notification is made by the
  688  county’s board of county commissioners to the board.
  689         (g) The board may adjust the allocation percentages for
  690  distribution of the fund as provided in s. 365.173. No sooner
  691  than June 1, 2015, the board may adjust the rate of the fee
  692  under paragraph (f) based on the criteria in this paragraph and
  693  paragraph (h). Any adjustment in the rate must be approved by a
  694  two-thirds vote of the total number of E911 board members. When
  695  setting the percentages or contemplating any adjustments to the
  696  fee, the board shall consider the following:
  697         1. The revenues currently allocated for wireless service
  698  provider costs for implementing E911 service and projected costs
  699  for implementing E911 service, including recurring costs for
  700  Phase I and Phase II and the effect of new technologies;
  701         2. The appropriate level of funding needed to fund the
  702  rural grant program provided for in s. 365.173(2)(f) s.
  703  365.173(2)(g); and
  704         2.3. The need to fund statewide, regional, and county
  705  grants in accordance with sub-subparagraph (6)(a)3.b. and s.
  706  365.173(2)(g) s. 365.173(2)(h).
  707         (h) The board may adjust the allocation percentages or
  708  adjust the amount of the fee as provided in paragraph (g) if
  709  necessary to ensure full cost recovery or prevent over recovery
  710  overrecovery of costs incurred in the provision of 911 E911
  711  service, including costs incurred or projected to be incurred to
  712  comply with the order. Any new allocation percentages or reduced
  713  or increased fee may not be adjusted for 1 year. In no event
  714  shall the fee exceed 50 cents per month for each service
  715  identifier. The fee, and any board adjustment of the fee, shall
  716  be uniform throughout the state, except for the counties
  717  identified in paragraph (f). No less than 90 days before the
  718  effective date of any adjustment to the fee, the board shall
  719  provide written notice of the adjusted fee amount and effective
  720  date to each voice communications services provider from which
  721  the board is then receiving the fee.
  722         (i) It is the intent of the Legislature that all revenue
  723  from the fee be used as specified in s. 365.173(2)(a)-(h) s.
  724  365.173(2)(a)-(i).
  725         (j) State and local taxes do not apply to the fee. The
  726  amount of the E911 fee collected by a provider may not be
  727  included in the base for imposition of any tax, fee, surcharge,
  728  or other charge imposed by this state, any political subdivision
  729  of this state, or any intergovernmental agency.
  730         (k) A local government may not levy the fee or any
  731  additional fee on providers or subscribers for the provision of
  732  911 E911 service.
  733         (l) For purposes of this section, the definitions contained
  734  in s. 202.11 and the provisions of s. 202.155 apply in the same
  735  manner and to the same extent as the definitions and provisions
  736  apply to the taxes levied under chapter 202 on mobile
  737  communications services.
  738         (9) PREPAID WIRELESS PUBLIC SAFETY EMERGENCY COMMUNICATIONS
  739  SYSTEMS E911 FEE.—
  740         (a) Effective January 1, 2015, a prepaid wireless E911 fee
  741  is imposed per retail transaction at the rate established in
  742  paragraph (8)(f). In order to allow sellers of all sizes and
  743  technological capabilities adequate time to comply with this
  744  subsection, a seller of prepaid wireless service operating in
  745  this state before the prepaid wireless E911 fee is imposed shall
  746  retain 100 percent of the fee collected under this paragraph for
  747  the first 2 months to offset the cost of setup.
  748         (b) Effective July 1, 2023 March 1, 2015, the prepaid
  749  wireless E911 fee imposed under paragraph (a) shall be subject
  750  to remittance in accordance with paragraph (f) (g). In no event
  751  shall the fee exceed 50 cents for each retail transaction. At
  752  least 90 days before the effective date of any adjustment to the
  753  fee under paragraph (8)(g), the Department of Revenue shall
  754  provide written notice of the adjusted fee amount and its
  755  effective date to each seller from which the department is then
  756  receiving the fee. At least 120 days before the effective date
  757  of any adjustment to the fee imposed under this subsection, the
  758  board shall provide notice to the Department of Revenue of the
  759  adjusted fee amount and effective date of the adjustment.
  760         (b)(c) The prepaid wireless E911 fee shall be collected by
  761  the seller from the consumer with respect to each retail
  762  transaction occurring in this state. The amount of the prepaid
  763  wireless E911 fee shall be separately stated on an invoice,
  764  receipt, or other similar document that is provided to the
  765  consumer by the seller or otherwise disclosed to the consumer.
  766         (c)(d) For purposes of paragraph (b) (c), a retail
  767  transaction that takes place in person by a consumer at a
  768  business location of the seller shall be treated as occurring in
  769  this state if that business location is in this state. Such
  770  transaction is deemed to have occurred in the county of the
  771  business location. When a retail transaction does not take place
  772  at the seller’s business location, the transaction shall be
  773  treated as taking place at the consumer’s shipping address or,
  774  if no item is shipped, at the consumer’s address or the location
  775  associated with the consumer’s mobile telephone number. Such
  776  transaction is deemed to have occurred in the county of the
  777  consumer’s shipping address when items are shipped to the
  778  consumer or, when no items are shipped, the county of the
  779  consumer’s address or the location associated with the
  780  consumer’s mobile telephone number. A transaction for which the
  781  specific Florida county cannot be determined shall be treated as
  782  nonspecific.
  783         (d)(e) If a prepaid wireless device is sold for a single,
  784  nonitemized price with a prepaid wireless service of 10 minutes
  785  or less or $5 or less, the seller may elect not to apply the
  786  prepaid wireless E911 fee to the transaction.
  787         (e)(f) The amount of the prepaid wireless E911 fee that is
  788  collected by a seller from a consumer and that is separately
  789  stated on an invoice, receipt, or similar document provided to
  790  the consumer by the seller, may not be included in the base for
  791  imposition of any tax, fee, surcharge, or other charge that is
  792  imposed by this state, any political subdivision of this state,
  793  or any intergovernmental agency.
  794         (f)(g) Beginning July 1, 2023 April 1, 2015, each seller
  795  shall file a return and remit the prepaid wireless E911 fees
  796  collected in the previous month to the Department of Revenue on
  797  or before the 20th day of the month. If the 20th day falls on a
  798  Saturday, Sunday, or legal holiday, payments accompanied by
  799  returns are due on the next succeeding day that is not a
  800  Saturday, Sunday, or legal holiday observed by federal or state
  801  agencies as defined in chapter 683 and s. 7503 of the Internal
  802  Revenue Code of 1986, as amended. A seller may remit the prepaid
  803  wireless E911 fee by electronic funds transfer and file a fee
  804  return with the Department of Revenue that is initiated through
  805  an electronic data interchange.
  806         1. When a seller is authorized by the Department of Revenue
  807  pursuant to s. 212.11(1)(c) or (d) to file a sales and use tax
  808  return on a quarterly, semiannual, or annual reporting basis,
  809  the seller may file a return and remit the prepaid wireless E911
  810  fees on or before the 20th day of the month following the
  811  authorized reporting period for sales and use tax.
  812         2. A seller collecting less than $50 per month of prepaid
  813  wireless E911 fees may file a quarterly return for the calendar
  814  quarters ending in March, June, September, and December. The
  815  seller must file a return and remit the prepaid wireless E911
  816  fees collected during each calendar quarter on or before the
  817  20th day of the month following that calendar quarter.
  818         3. A seller must provide the following information on each
  819  prepaid wireless E911 fee return filed with the Department of
  820  Revenue:
  821         a. The seller’s name, federal identification number,
  822  taxpayer identification number issued by the Department of
  823  Revenue, business location address and mailing address, and
  824  county of the business location in accordance with paragraph (c)
  825  (d);
  826         b. The reporting period;
  827         c. The number of prepaid wireless services sold during the
  828  reporting period;
  829         d. The amount of prepaid wireless E911 fees collected and
  830  the amount of any adjustments to the fees collected;
  831         e. The amount of any retailer collection allowance deducted
  832  from the amount of prepaid wireless E911 fees collected; and
  833         f. The amount to be remitted to the Department of Revenue.
  834         4. A seller who operates two or more business locations for
  835  which returns are required to be filed with the Department of
  836  Revenue may file a consolidated return reporting and remitting
  837  the prepaid wireless E911 fee for all business locations. Such
  838  sellers must report the prepaid wireless E911 fees collected in
  839  each county, in accordance with paragraph (c) (d), on a
  840  reporting schedule filed with the fee return.
  841         5. A return is not required for a reporting period when no
  842  prepaid wireless E911 fee is to be remitted for that period.
  843         6. Except as provided in this section, the Department of
  844  Revenue shall administer, collect, and enforce the fee under
  845  this subsection pursuant to the same procedures used in the
  846  administration, collection, and enforcement of the general state
  847  sales tax imposed under chapter 212. The provisions of chapter
  848  212 regarding authority to audit and make assessments, keeping
  849  of books and records, and interest and penalties on delinquent
  850  fees shall apply. The provisions of estimated tax liability in
  851  s. 212.11(1)(a) do not apply to the prepaid wireless E911 fee.
  852         (g)(h) A seller of prepaid wireless services in this state
  853  must register with the Department of Revenue for each place of
  854  business as required by s. 212.18(3) and the Department of
  855  Revenue’s administrative rule regarding registration as a sales
  856  and use tax dealer. A separate application is required for each
  857  place of business. A valid certificate of registration issued by
  858  the Department of Revenue to a seller for sales and use tax
  859  purposes is sufficient for purposes of the registration
  860  requirement of this subsection. There is no fee for registration
  861  for remittance of the prepaid wireless E911 fee.
  862         (h)(i) The Department of Revenue shall deposit the funds
  863  remitted under this subsection into the Audit and Warrant
  864  Clearing Trust Fund established in s. 215.199 and retain up to
  865  3.2 percent of the funds remitted under this subsection to
  866  reimburse its direct costs of administering the collection and
  867  remittance of prepaid wireless E911 fees. Thereafter, the
  868  Department of Revenue shall transfer all remaining funds
  869  remitted under this subsection to the Emergency Communications
  870  Number E911 System Fund monthly for use as provided in s.
  871  365.173.
  872         (i)(j) Beginning March 1, 2015, a seller may retain 5
  873  percent of the prepaid wireless E911 fees that are collected by
  874  the seller from consumers as a retailer collection allowance.
  875         (j)(k) A provider or seller of prepaid wireless service is
  876  not liable for damages to any person resulting from or incurred
  877  in connection with providing or failing to provide emergency
  878  communications and 911 or E911 service or for identifying or
  879  failing to identify the telephone number, address, location, or
  880  name associated with any person or device that is accessing or
  881  attempting to access emergency communications and 911 or E911
  882  service.
  883         (k)(l) A provider or seller of prepaid wireless service is
  884  not liable for damages to any person resulting from or incurred
  885  in connection with providing any lawful assistance to any
  886  investigative or law enforcement officer of the United States,
  887  any state, or any political subdivision of any state in
  888  connection with any lawful investigation or other law
  889  enforcement activity by such law enforcement officer.
  890         (l)(m) The limitations of liability under this subsection
  891  for providers and sellers are in addition to any other
  892  limitation of liability provided for under this section.
  893         (m)(n) A local government may not levy the fee or any
  894  additional fee on providers or sellers of prepaid wireless
  895  service for the provision of 911 E911 service.
  896         (n)(o) For purposes of this section, the state and local
  897  governments are not consumers.
  898         (o)(p) For purposes of this subsection, the term:
  899         1. “Consumer” means a person who purchases prepaid wireless
  900  service in a retail sale.
  901         2. “Prepaid wireless E911 fee” means the fee that is
  902  required to be collected by a seller from a consumer as provided
  903  in this subsection.
  904         3. “Provider” means a person that provides prepaid wireless
  905  service pursuant to a license issued by the Federal
  906  Communications Commission.
  907         4. “Retail transaction” means the purchase by a consumer
  908  from a seller of prepaid wireless service that may be applied to
  909  a single service identifier for use by the consumer. If a
  910  consumer makes a purchase of multiple prepaid wireless services
  911  in a single transaction, each individual prepaid wireless
  912  service shall be considered a separate retail transaction for
  913  purposes of calculating the prepaid wireless E911 fee.
  914         5. “Seller” means a person who makes retail sales of
  915  prepaid wireless services to a consumer.
  916         (10) AUTHORIZED EXPENDITURES OF PUBLIC SAFETY EMERGENCY
  917  COMMUNICATIONS SYSTEMS E911 FEE.—
  918         (a) For purposes of this section, emergency communications
  919  and 911 E911 service includes the functions relating to the
  920  receipt and transfer of requests for emergency assistance, of
  921  database management, call taking, and location verification, and
  922  call transfer. Department of Health certification and
  923  recertification and training costs for 911 public safety
  924  telecommunications, including dispatching, are functions of
  925  public safety emergency telecommunications 911 services.
  926         (b) All costs directly attributable to the establishment or
  927  provision of emergency communications equipment E911 service and
  928  contracting for E911 services related to a primary or secondary
  929  public safety answering point (PSAP) are eligible for
  930  expenditure of moneys derived from imposition of the fee
  931  authorized by subsections (8) and (9). These costs include the
  932  acquisition, implementation, and maintenance of PSAP Public
  933  Safety Answering Point (PSAP) equipment and E911 service
  934  features, as defined in the providers’ published schedules or
  935  the acquisition, installation, and maintenance of other E911
  936  equipment, including: circuits; call answering equipment; call
  937  transfer equipment; ANI or ALI controllers; ANI or ALI displays;
  938  station instruments; NG911 E911 telecommunications systems;
  939  emergency services IP network (ESInet); visual call information
  940  and storage devices; recording equipment; telephone devices and
  941  other equipment for the hearing impaired used in the E911
  942  system; PSAP backup power systems; consoles; automatic call
  943  distributors;, and interfaces, including hardware and software,
  944  for computer-aided dispatch (CAD) systems, for public safety
  945  land mobile radio systems (LMR) and radio consoles that provide
  946  two-way radio communication with responders, and for in-building
  947  coverage; integrated CAD systems for that portion of the systems
  948  used for E911 call taking; GIS system and software equipment and
  949  information displays; network clocks; cybersecurity, including
  950  hardware, software, and services; salary and associated expenses
  951  for 911 E911 call takers and emergency dispatchers for that
  952  portion of their time spent taking and transferring E911 calls,
  953  salary, and associated expenses for a county to employ a full
  954  time equivalent 911 E911 coordinator position and a full-time
  955  equivalent mapping or geographical data position, and technical
  956  system maintenance, database, and administration personnel for
  957  the portion of their time spent administrating the emergency
  958  communications E911 system; emergency medical, fire, and law
  959  enforcement prearrival instruction software; charts and training
  960  costs; training costs for PSAP call takers, dispatchers,
  961  supervisors, and managers in the proper methods and techniques
  962  used in taking and transferring 911 E911 calls; costs to train
  963  and educate PSAP employees regarding 911 and radio E911 service
  964  or NG911 E911 equipment, including fees collected by the
  965  Department of Health for the certification and recertification
  966  of 911 public safety telecommunicators as required under s.
  967  401.465; and expenses required to develop and maintain all
  968  information, including ALI and ANI databases and other
  969  information source repositories, necessary to properly inform
  970  call takers as to location address, type of emergency, smart
  971  city technology data, public safety broadband networks, and
  972  other information directly relevant to the processing of a
  973  request for emergency assistance E911 call-taking and
  974  transferring function. Moneys derived from the fee may also be
  975  used for next-generation E911 network services, next-generation
  976  E911 database services, next-generation E911 equipment, and
  977  wireless E911 routing systems.
  978         (c) The moneys may not be used to pay for any item not
  979  listed in this subsection, including, but not limited to, any
  980  capital or operational costs for emergency responses which occur
  981  after the call transfer to the responding public safety entity
  982  and the costs for utilities, constructing, leasing, maintaining,
  983  or renovating buildings, except for those building modifications
  984  necessary to maintain the security and environmental integrity
  985  of the PSAP and emergency communications E911 equipment rooms.
  986         (11) LIABILITY OF COUNTIES.—A county subscribing to 911
  987  service remains liable to the local exchange carrier for any 911
  988  service, equipment, operation, or maintenance charge owed by the
  989  county to the local exchange carrier. As used in this
  990  subsection, the term “local exchange carrier” means a local
  991  exchange telecommunications service provider of 911 service or
  992  equipment to any county within its certificated area.
  993         (12) INDEMNIFICATION AND LIMITATION OF LIABILITY.—A local
  994  government may indemnify local exchange carriers against
  995  liability in accordance with the published schedules of the
  996  company. Notwithstanding an indemnification agreement, a local
  997  exchange carrier, voice communications services provider, or
  998  other service provider that provides 911, or E911, or NG911
  999  service on a retail or wholesale basis is not liable for damages
 1000  resulting from or in connection with 911, or E911, or NG911
 1001  service, or for identification of the telephone number, or
 1002  address, or name associated with any person accessing 911, or
 1003  E911, or NG911 service, unless the carrier or provider acted
 1004  with malicious purpose or in a manner exhibiting wanton and
 1005  willful disregard of the rights, safety, or property of a person
 1006  when providing such services. A carrier or provider is not
 1007  liable for damages to any person resulting from or in connection
 1008  with the carrier’s or provider’s provision of any lawful
 1009  assistance to any investigative or law enforcement officer of
 1010  the United States, this state, or a political subdivision
 1011  thereof, or of any other state or political subdivision thereof,
 1012  in connection with any lawful investigation or other law
 1013  enforcement activity by such law enforcement officer. For
 1014  purposes of this subsection, the term “911, or E911, or NG911
 1015  service” means a telecommunications service, voice or nonvoice
 1016  communications service, or other wireline or wireless service,
 1017  including, but not limited to, a service using Internet
 1018  protocol, which provides, in whole or in part, any of the
 1019  following functions: providing members of the public with the
 1020  ability to reach an answering point by using the digits 9-1-1;
 1021  directing 911 calls to answering points by selective routing;
 1022  providing for automatic number identification and automatic
 1023  location-identification features; or providing wireless E911
 1024  services as defined in the order.
 1025         (13) FACILITATING EMERGENCY COMMUNICATIONS E911 SERVICE
 1026  IMPLEMENTATION.—To balance the public need for reliable
 1027  emergency communications E911 services through reliable wireless
 1028  systems and the public interest served by governmental zoning
 1029  and land development regulations and notwithstanding any other
 1030  law or local ordinance to the contrary, the following standards
 1031  shall apply to a local government’s actions, as a regulatory
 1032  body, in the regulation of the placement, construction, or
 1033  modification of a wireless communications facility. This
 1034  subsection shall not, however, be construed to waive or alter
 1035  the provisions of s. 286.011 or s. 286.0115. For the purposes of
 1036  this subsection only, “local government” shall mean any
 1037  municipality or county and any agency of a municipality or
 1038  county only. The term “local government” does not, however,
 1039  include any airport, as defined by s. 330.27(2), even if it is
 1040  owned or controlled by or through a municipality, county, or
 1041  agency of a municipality or county. Further, notwithstanding
 1042  anything in this section to the contrary, this subsection does
 1043  not apply to or control a local government’s actions as a
 1044  property or structure owner in the use of any property or
 1045  structure owned by such entity for the placement, construction,
 1046  or modification of wireless communications facilities. In the
 1047  use of property or structures owned by the local government,
 1048  however, a local government may not use its regulatory authority
 1049  so as to avoid compliance with, or in a manner that does not
 1050  advance, the provisions of this subsection.
 1051         (a) Colocation Collocation among wireless providers is
 1052  encouraged by the state.
 1053         1.a. Colocations Collocations on towers, including
 1054  nonconforming towers, that meet the requirements in sub-sub
 1055  subparagraphs (I), (II), and (III), are subject to only building
 1056  permit review, which may include a review for compliance with
 1057  this subparagraph. Such colocations collocations are not subject
 1058  to any design or placement requirements of the local
 1059  government’s land development regulations in effect at the time
 1060  of the colocation collocation that are more restrictive than
 1061  those in effect at the time of the initial antennae placement
 1062  approval, to any other portion of the land development
 1063  regulations, or to public hearing review. This sub-subparagraph
 1064  shall not preclude a public hearing for any appeal of the
 1065  decision on the colocation collocation application.
 1066         (I) The colocation collocation does not increase the height
 1067  of the tower to which the antennae are to be attached, measured
 1068  to the highest point of any part of the tower or any existing
 1069  antenna attached to the tower;
 1070         (II) The colocation collocation does not increase the
 1071  ground space area, commonly known as the compound, approved in
 1072  the site plan for equipment enclosures and ancillary facilities;
 1073  and
 1074         (III) The colocation collocation consists of antennae,
 1075  equipment enclosures, and ancillary facilities that are of a
 1076  design and configuration consistent with all applicable
 1077  regulations, restrictions, or conditions, if any, applied to the
 1078  initial antennae placed on the tower and to its accompanying
 1079  equipment enclosures and ancillary facilities and, if
 1080  applicable, applied to the tower supporting the antennae. Such
 1081  regulations may include the design and aesthetic requirements,
 1082  but not procedural requirements, other than those authorized by
 1083  this section, of the local government’s land development
 1084  regulations in effect at the time the initial antennae placement
 1085  was approved.
 1086         b. Except for a historic building, structure, site, object,
 1087  or district, or a tower included in sub-subparagraph a.,
 1088  colocations collocations on all other existing structures that
 1089  meet the requirements in sub-sub-subparagraphs (I)-(IV) shall be
 1090  subject to no more than building permit review, and an
 1091  administrative review for compliance with this subparagraph.
 1092  Such colocations collocations are not subject to any portion of
 1093  the local government’s land development regulations not
 1094  addressed herein, or to public hearing review. This sub
 1095  subparagraph shall not preclude a public hearing for any appeal
 1096  of the decision on the colocation collocation application.
 1097         (I) The colocation collocation does not increase the height
 1098  of the existing structure to which the antennae are to be
 1099  attached, measured to the highest point of any part of the
 1100  structure or any existing antenna attached to the structure;
 1101         (II) The colocation collocation does not increase the
 1102  ground space area, otherwise known as the compound, if any,
 1103  approved in the site plan for equipment enclosures and ancillary
 1104  facilities;
 1105         (III) The colocation collocation consists of antennae,
 1106  equipment enclosures, and ancillary facilities that are of a
 1107  design and configuration consistent with any applicable
 1108  structural or aesthetic design requirements and any requirements
 1109  for location on the structure, but not prohibitions or
 1110  restrictions on the placement of additional colocations
 1111  collocations on the existing structure or procedural
 1112  requirements, other than those authorized by this section, of
 1113  the local government’s land development regulations in effect at
 1114  the time of the colocation collocation application; and
 1115         (IV) The colocation collocation consists of antennae,
 1116  equipment enclosures, and ancillary facilities that are of a
 1117  design and configuration consistent with all applicable
 1118  restrictions or conditions, if any, that do not conflict with
 1119  sub-sub-subparagraph (III) and were applied to the initial
 1120  antennae placed on the structure and to its accompanying
 1121  equipment enclosures and ancillary facilities and, if
 1122  applicable, applied to the structure supporting the antennae.
 1123         c. Regulations, restrictions, conditions, or permits of the
 1124  local government, acting in its regulatory capacity, that limit
 1125  the number of colocations collocations or require review
 1126  processes inconsistent with this subsection shall not apply to
 1127  colocations collocations addressed in this subparagraph.
 1128         d. If only a portion of the colocation collocation does not
 1129  meet the requirements of this subparagraph, such as an increase
 1130  in the height of the proposed antennae over the existing
 1131  structure height or a proposal to expand the ground space
 1132  approved in the site plan for the equipment enclosure, where all
 1133  other portions of the colocation collocation meet the
 1134  requirements of this subparagraph, that portion of the
 1135  colocation collocation only may be reviewed under the local
 1136  government’s regulations applicable to an initial placement of
 1137  that portion of the facility, including, but not limited to, its
 1138  land development regulations, and within the review timeframes
 1139  of subparagraph (d)2., and the rest of the colocation
 1140  collocation shall be reviewed in accordance with this
 1141  subparagraph. A colocation collocation proposal under this
 1142  subparagraph that increases the ground space area, otherwise
 1143  known as the compound, approved in the original site plan for
 1144  equipment enclosures and ancillary facilities by no more than a
 1145  cumulative amount of 400 square feet or 50 percent of the
 1146  original compound size, whichever is greater, shall, however,
 1147  require no more than administrative review for compliance with
 1148  the local government’s regulations, including, but not limited
 1149  to, land development regulations review, and building permit
 1150  review, with no public hearing review. This sub-subparagraph
 1151  shall not preclude a public hearing for any appeal of the
 1152  decision on the colocation collocation application.
 1153         2. If a colocation collocation does not meet the
 1154  requirements of subparagraph 1., the local government may review
 1155  the application under the local government’s regulations,
 1156  including, but not limited to, land development regulations,
 1157  applicable to the placement of initial antennae and their
 1158  accompanying equipment enclosure and ancillary facilities.
 1159         3. If a colocation collocation meets the requirements of
 1160  subparagraph 1., the colocation is collocation shall not be
 1161  considered a modification to an existing structure or an
 1162  impermissible modification of a nonconforming structure.
 1163         4. The owner of the existing tower on which the proposed
 1164  antennae are to be colocated collocated shall remain responsible
 1165  for compliance with any applicable condition or requirement of a
 1166  permit or agreement, or any applicable condition or requirement
 1167  of the land development regulations to which the existing tower
 1168  had to comply at the time the tower was permitted, including any
 1169  aesthetic requirements, provided the condition or requirement is
 1170  not inconsistent with this paragraph.
 1171         5. An existing tower, including a nonconforming tower, may
 1172  be structurally modified in order to permit colocation
 1173  collocation or may be replaced through no more than
 1174  administrative review and building permit review, and is not
 1175  subject to public hearing review, if the overall height of the
 1176  tower is not increased and, if a replacement, the replacement
 1177  tower is a monopole tower or, if the existing tower is a
 1178  camouflaged tower, the replacement tower is a like-camouflaged
 1179  tower. This subparagraph shall not preclude a public hearing for
 1180  any appeal of the decision on the application.
 1181         (b)1. A local government’s land development and
 1182  construction regulations for wireless communications facilities
 1183  and the local government’s review of an application for the
 1184  placement, construction, or modification of a wireless
 1185  communications facility shall only address land development or
 1186  zoning issues. In such local government regulations or review,
 1187  the local government may not require information on or evaluate
 1188  a wireless provider’s business decisions about its service,
 1189  customer demand for its service, or quality of its service to or
 1190  from a particular area or site, unless the wireless provider
 1191  voluntarily offers this information to the local government. In
 1192  such local government regulations or review, a local government
 1193  may not require information on or evaluate the wireless
 1194  provider’s designed service unless the information or materials
 1195  are directly related to an identified land development or zoning
 1196  issue or unless the wireless provider voluntarily offers the
 1197  information. Information or materials directly related to an
 1198  identified land development or zoning issue may include, but are
 1199  not limited to, evidence that no existing structure can
 1200  reasonably be used for the antennae placement instead of the
 1201  construction of a new tower, that residential areas cannot be
 1202  served from outside the residential area, as addressed in
 1203  subparagraph 3., or that the proposed height of a new tower or
 1204  initial antennae placement or a proposed height increase of a
 1205  modified tower, replacement tower, or colocation collocation is
 1206  necessary to provide the provider’s designed service. Nothing in
 1207  this paragraph shall limit the local government from reviewing
 1208  any applicable land development or zoning issue addressed in its
 1209  adopted regulations that does not conflict with this section,
 1210  including, but not limited to, aesthetics, landscaping, land
 1211  use-based land use based location priorities, structural design,
 1212  and setbacks.
 1213         2. Any setback or distance separation required of a tower
 1214  may not exceed the minimum distance necessary, as determined by
 1215  the local government, to satisfy the structural safety or
 1216  aesthetic concerns that are to be protected by the setback or
 1217  distance separation.
 1218         3. A local government may exclude the placement of wireless
 1219  communications facilities in a residential area or residential
 1220  zoning district but only in a manner that does not constitute an
 1221  actual or effective prohibition of the provider’s service in
 1222  that residential area or zoning district. If a wireless provider
 1223  demonstrates to the satisfaction of the local government that
 1224  the provider cannot reasonably provide its service to the
 1225  residential area or zone from outside the residential area or
 1226  zone, the municipality or county and provider shall cooperate to
 1227  determine an appropriate location for a wireless communications
 1228  facility of an appropriate design within the residential area or
 1229  zone. The local government may require that the wireless
 1230  provider reimburse the reasonable costs incurred by the local
 1231  government for this cooperative determination. An application
 1232  for such cooperative determination shall not be considered an
 1233  application under paragraph (d).
 1234         4. A local government may impose a reasonable fee on
 1235  applications to place, construct, or modify a wireless
 1236  communications facility only if a similar fee is imposed on
 1237  applicants seeking other similar types of zoning, land use, or
 1238  building permit review. A local government may impose fees for
 1239  the review of applications for wireless communications
 1240  facilities by consultants or experts who conduct code compliance
 1241  review for the local government but any fee is limited to
 1242  specifically identified reasonable expenses incurred in the
 1243  review. A local government may impose reasonable surety
 1244  requirements to ensure the removal of wireless communications
 1245  facilities that are no longer being used.
 1246         5. A local government may impose design requirements, such
 1247  as requirements for designing towers to support colocation
 1248  collocation or aesthetic requirements, except as otherwise
 1249  limited in this section, but shall not impose or require
 1250  information on compliance with building code type standards for
 1251  the construction or modification of wireless communications
 1252  facilities beyond those adopted by the local government under
 1253  chapter 553 and that apply to all similar types of construction.
 1254         (c) Local governments may not require wireless providers to
 1255  provide evidence of a wireless communications facility’s
 1256  compliance with federal regulations, except evidence of
 1257  compliance with applicable Federal Aviation Administration
 1258  requirements under 14 C.F.R. part 77, as amended, and evidence
 1259  of proper Federal Communications Commission licensure, or other
 1260  evidence of Federal Communications Commission authorized
 1261  spectrum use, but may request the Federal Communications
 1262  Commission to provide information as to a wireless provider’s
 1263  compliance with federal regulations, as authorized by federal
 1264  law.
 1265         (d)1. A local government shall grant or deny each properly
 1266  completed application for a colocation collocation under
 1267  subparagraph (a)1. based on the application’s compliance with
 1268  the local government’s applicable regulations, as provided for
 1269  in subparagraph (a)1. and consistent with this subsection, and
 1270  within the normal timeframe for a similar building permit review
 1271  but in no case later than 45 business days after the date the
 1272  application is determined to be properly completed in accordance
 1273  with this paragraph.
 1274         2. A local government shall grant or deny each properly
 1275  completed application for any other wireless communications
 1276  facility based on the application’s compliance with the local
 1277  government’s applicable regulations, including but not limited
 1278  to land development regulations, consistent with this subsection
 1279  and within the normal timeframe for a similar type review but in
 1280  no case later than 90 business days after the date the
 1281  application is determined to be properly completed in accordance
 1282  with this paragraph.
 1283         3.a. An application is deemed submitted or resubmitted on
 1284  the date the application is received by the local government. If
 1285  the local government does not notify the applicant in writing
 1286  that the application is not completed in compliance with the
 1287  local government’s regulations within 20 business days after the
 1288  date the application is initially submitted or additional
 1289  information resubmitted, the application is deemed, for
 1290  administrative purposes only, to be properly completed and
 1291  properly submitted. However, the determination shall not be
 1292  deemed as an approval of the application. If the application is
 1293  not completed in compliance with the local government’s
 1294  regulations, the local government shall so notify the applicant
 1295  in writing and the notification must indicate with specificity
 1296  any deficiencies in the required documents or deficiencies in
 1297  the content of the required documents which, if cured, make the
 1298  application properly completed. Upon resubmission of information
 1299  to cure the stated deficiencies, the local government shall
 1300  notify the applicant, in writing, within the normal timeframes
 1301  of review, but in no case longer than 20 business days after the
 1302  additional information is submitted, of any remaining
 1303  deficiencies that must be cured. Deficiencies in document type
 1304  or content not specified by the local government do not make the
 1305  application incomplete. Notwithstanding this sub-subparagraph,
 1306  if a specified deficiency is not properly cured when the
 1307  applicant resubmits its application to comply with the notice of
 1308  deficiencies, the local government may continue to request the
 1309  information until such time as the specified deficiency is
 1310  cured. The local government may establish reasonable timeframes
 1311  within which the required information to cure the application
 1312  deficiency is to be provided or the application will be
 1313  considered withdrawn or closed.
 1314         b. If the local government fails to grant or deny a
 1315  properly completed application for a wireless communications
 1316  facility within the timeframes set forth in this paragraph, the
 1317  application shall be deemed automatically approved and the
 1318  applicant may proceed with placement of the facilities without
 1319  interference or penalty. The timeframes specified in
 1320  subparagraph 2. may be extended only to the extent that the
 1321  application has not been granted or denied because the local
 1322  government’s procedures generally applicable to all other
 1323  similar types of applications require action by the governing
 1324  body and such action has not taken place within the timeframes
 1325  specified in subparagraph 2. Under such circumstances, the local
 1326  government must act to either grant or deny the application at
 1327  its next regularly scheduled meeting or, otherwise, the
 1328  application is deemed to be automatically approved.
 1329         c. To be effective, a waiver of the timeframes set forth in
 1330  this paragraph must be voluntarily agreed to by the applicant
 1331  and the local government. A local government may request, but
 1332  not require, a waiver of the timeframes by the applicant, except
 1333  that, with respect to a specific application, a one-time waiver
 1334  may be required in the case of a declared local, state, or
 1335  federal emergency that directly affects the administration of
 1336  all permitting activities of the local government.
 1337         (e) The replacement of or modification to a wireless
 1338  communications facility, except a tower, that results in a
 1339  wireless communications facility not readily discernibly
 1340  different in size, type, and appearance when viewed from ground
 1341  level from surrounding properties, and the replacement or
 1342  modification of equipment that is not visible from surrounding
 1343  properties, all as reasonably determined by the local
 1344  government, are subject to no more than applicable building
 1345  permit review.
 1346         (f) Any other law to the contrary notwithstanding, the
 1347  Department of Management Services shall negotiate, in the name
 1348  of the state, leases for wireless communications facilities that
 1349  provide access to state government-owned property not acquired
 1350  for transportation purposes, and the Department of
 1351  Transportation shall negotiate, in the name of the state, leases
 1352  for wireless communications facilities that provide access to
 1353  property acquired for state rights-of-way. On property acquired
 1354  for transportation purposes, leases shall be granted in
 1355  accordance with s. 337.251. On other state government-owned
 1356  property, leases shall be granted on a space available, first
 1357  come, first-served basis. Payments required by state government
 1358  under a lease must be reasonable and must reflect the market
 1359  rate for the use of the state government-owned property. The
 1360  Department of Management Services and the Department of
 1361  Transportation are authorized to adopt rules for the terms and
 1362  conditions and granting of any such leases.
 1363         (g) If any person adversely affected by any action, or
 1364  failure to act, or regulation, or requirement of a local
 1365  government in the review or regulation of the wireless
 1366  communication facilities files an appeal or brings an
 1367  appropriate action in a court or venue of competent
 1368  jurisdiction, following the exhaustion of all administrative
 1369  remedies, the matter shall be considered on an expedited basis.
 1370         (14) MISUSE OF 911, OR E911, OR NG911 SYSTEM; PENALTY.—911,
 1371  and E911, and NG911 service must be used solely for emergency
 1372  communications by the public. Any person who accesses the number
 1373  911 for the purpose of making a false alarm or complaint or
 1374  reporting false information that could result in the emergency
 1375  response of any public safety agency; any person who knowingly
 1376  uses or attempts to use such service for a purpose other than
 1377  obtaining public safety assistance; or any person who knowingly
 1378  uses or attempts to use such service in an effort to avoid any
 1379  charge for service, commits a misdemeanor of the first degree,
 1380  punishable as provided in s. 775.082 or s. 775.083. After being
 1381  convicted of unauthorized use of such service four times, a
 1382  person who continues to engage in such unauthorized use commits
 1383  a felony of the third degree, punishable as provided in s.
 1384  775.082, s. 775.083, or s. 775.084. In addition, if the value of
 1385  the service or the service charge obtained in a manner
 1386  prohibited by this subsection exceeds $100, the person
 1387  committing the offense commits a felony of the third degree,
 1388  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1389         (15) TEXT-TO-911 SERVICE.—Each county shall develop a
 1390  countywide implementation plan addressing text-to-911 services
 1391  and, by January 1, 2022, enact a system to allow text-to-911
 1392  services.
 1393         (16) STATE LAW NOT PREEMPTED.—This section and ss. 365.173
 1394  and 365.174 do not alter any state law that otherwise regulates
 1395  voice communications services providers.
 1396         Section 2. Section 365.173, Florida Statutes, is amended to
 1397  read:
 1398         365.173 Emergency Communications Number E911 System Fund.—
 1399         (1) REVENUES.—
 1400         (a) Revenues derived from the fee levied on subscribers
 1401  under s. 365.172(8) must be paid by the board into the State
 1402  Treasury on or before the 15th day of each month. Such moneys
 1403  must be accounted for in a special fund to be designated as the
 1404  Emergency Communications Number E911 System Fund, a fund created
 1405  in the Division of Telecommunications, or other office as
 1406  designated by the Secretary of Management Services.
 1407         (b) Revenues derived from the fee levied on prepaid
 1408  wireless service under s. 365.172(9), less the costs of
 1409  administering collection of the fee, must be transferred by the
 1410  Department of Revenue to the Emergency Communications Number
 1411  E911 System Fund on or before the 25th day of each month
 1412  following the month of receipt.
 1413         (c) For accounting purposes, the Emergency Communications
 1414  Number E911 System Fund must be segregated into three separate
 1415  categories:
 1416         1. The wireless category;
 1417         2. The nonwireless category; and
 1418         3. The prepaid wireless category.
 1419         (d) All moneys must be invested by the Chief Financial
 1420  Officer pursuant to s. 17.61. All moneys in such fund are to be
 1421  expended by the office for the purposes provided in this section
 1422  and s. 365.172. These funds are not subject to s. 215.20.
 1423         (2) DISTRIBUTION AND USE OF FUNDS.—As determined by the
 1424  board pursuant to s. 365.172(8)(g), and subject to any
 1425  modifications approved by the board pursuant to s.
 1426  365.172(6)(a)3. or (8)(h), the moneys in the fund shall be
 1427  distributed and used only as follows:
 1428         (a) Ninety-four Seventy-six percent of the moneys in the
 1429  wireless category shall be distributed each month to counties,
 1430  based on the total number of service identifiers in each county,
 1431  and 1 percent shall be distributed each month to state agencies
 1432  that operate 911 centers. The distributions and shall be used
 1433  exclusively for payment of:
 1434         1. authorized expenditures, as specified in s. 365.172(10).
 1435         2.Costs to comply with the requirements for E911 service
 1436  contained in the order and any future rules related to the
 1437  order.
 1438         (b) Ninety-six percent of the moneys in the nonwireless
 1439  category shall be distributed each month to counties based on
 1440  the total number of service identifiers in each county and shall
 1441  be used exclusively for payment of authorized expenditures, as
 1442  specified in s. 365.172(10).
 1443         (c) Sixty-one percent of the moneys in the prepaid wireless
 1444  category shall be distributed each month to counties based on
 1445  the total amount of fees reported and paid in each county and
 1446  shall be used exclusively for payment of authorized
 1447  expenditures, as specified in s. 365.172(10). The moneys from
 1448  prepaid wireless E911 fees identified as nonspecific in
 1449  accordance with s. 365.172(9) shall be distributed as determined
 1450  by the Emergency Communications E911 Board.
 1451         (d) Any county that receives funds under paragraphs (a),
 1452  (b), and (c) shall establish a fund to be used exclusively for
 1453  the receipt and expenditure of the revenues collected under
 1454  paragraphs (a), (b), and (c). All fees placed in the fund and
 1455  any interest accrued shall be used solely for costs described in
 1456  subparagraphs (a)1. and 2. and may not be reduced, withheld, or
 1457  allocated for other purposes. The money collected and interest
 1458  earned in this fund shall be appropriated for these purposes by
 1459  the county commissioners and incorporated into the annual county
 1460  budget. The fund shall be included within the financial audit
 1461  performed in accordance with s. 218.39. The financial audit
 1462  shall assure that all emergency communications E911 fee
 1463  revenues, interest, and emergency communications E911 grant
 1464  funding are used for payment of authorized expenditures, as
 1465  specified in s. 365.172(10) and as specified in the Emergency
 1466  Communications E911 Board grant and special disbursement
 1467  programs. The county is responsible for all expenditures of
 1468  revenues distributed from the county emergency communications
 1469  E911 fund and shall submit the financial audit reports to the
 1470  board for review. A county may carry forward up to 30 percent of
 1471  the total funds disbursed to the county by the board during a
 1472  county fiscal year for expenditures for capital outlay, capital
 1473  improvements, equipment replacement, or implementation of a
 1474  hosted system if such expenditures are made for the purposes
 1475  specified in subparagraphs (a)1. and 2.; however, the 30-percent
 1476  limitation does not apply to funds disbursed to a county under
 1477  s. 365.172(6)(a)3., and a county may carry forward any
 1478  percentage of the funds, except that any grant provided shall
 1479  continue to be subject to any condition imposed by the board. In
 1480  order to prevent an excess recovery of costs incurred in
 1481  providing emergency communications E911 service, a county that
 1482  receives funds greater than the permissible emergency
 1483  communications E911 costs described in s. 365.172(10), including
 1484  the 30-percent carryforward allowance, must return the excess
 1485  funds to the E911 board to be allocated under s. 365.172(6)(a).
 1486         (e) Twenty percent of the moneys in the wireless category
 1487  shall be distributed to wireless providers in response to sworn
 1488  invoices submitted to the board by wireless providers to
 1489  reimburse such wireless providers for the actual costs incurred
 1490  to provide 911 or E911 service, including the costs of complying
 1491  with the order. Such costs include costs and expenses incurred
 1492  by wireless providers to design, purchase, lease, program,
 1493  install, test, upgrade, operate, and maintain all necessary
 1494  data, hardware, and software required to provide E911 service.
 1495  Each wireless provider shall submit to the board, by August 1 of
 1496  each year, a detailed estimate of the capital and operating
 1497  expenses for which it anticipates that it will seek
 1498  reimbursement under this paragraph during the ensuing state
 1499  fiscal year. In order to be eligible for recovery during any
 1500  ensuing state fiscal year, a wireless provider must submit all
 1501  sworn invoices for allowable purchases made within the previous
 1502  calendar year no later than March 31 of the fiscal year. By
 1503  September 15 of each year, the board shall submit to the
 1504  Legislature its legislative budget request for funds to be
 1505  allocated to wireless providers under this paragraph during the
 1506  ensuing state fiscal year. The budget request shall be based on
 1507  the information submitted by the wireless providers and
 1508  estimated surcharge revenues. Distributions of moneys in the
 1509  fund by the board to wireless providers must be fair and
 1510  nondiscriminatory. If the total amount of moneys requested by
 1511  wireless providers pursuant to invoices submitted to the board
 1512  and approved for payment exceeds the amount in the fund in any
 1513  month, wireless providers that have invoices approved for
 1514  payment shall receive a pro rata share of moneys in the fund and
 1515  the balance of the payments shall be carried over to the
 1516  following month or months until all of the approved payments are
 1517  made. The board may adopt rules necessary to address the manner
 1518  in which pro rata distributions are made when the total amount
 1519  of funds requested by wireless providers pursuant to invoices
 1520  submitted to the board exceeds the total amount of moneys on
 1521  deposit in the fund.
 1522         (f) One percent of the moneys in each category of the fund
 1523  shall be retained by the board to be applied to costs and
 1524  expenses incurred for the purposes of managing, administering,
 1525  and overseeing the receipts and disbursements from the fund and
 1526  other activities as defined in s. 365.172(6). Any funds retained
 1527  for such purposes in a calendar year which are not applied to
 1528  such costs and expenses by March 31 of the following year shall
 1529  be redistributed as determined by the board.
 1530         (f)(g) Three percent of the moneys in each category of the
 1531  fund and an additional 1 percent of the moneys collected in the
 1532  wireless category shall be used to make monthly distributions to
 1533  rural counties for the purpose of providing facilities and
 1534  network and service enhancements and assistance for the
 1535  emergency communications 911 or E911 systems operated by rural
 1536  counties and for the provision of grants by the office to rural
 1537  counties for upgrading and replacing emergency communications
 1538  E911 systems.
 1539         (g)(h) Thirty-five percent of the moneys in the prepaid
 1540  wireless category shall be retained by the board to provide
 1541  state emergency communications E911 grants to be awarded in
 1542  accordance with the following order of priority:
 1543         1. For all large, medium, and rural counties to upgrade or
 1544  replace emergency communications E911 systems.
 1545         2. For all large, medium, and rural counties to develop and
 1546  maintain statewide 911 routing, geographic, and management
 1547  information systems.
 1548         3. For all large, medium, and rural counties to develop and
 1549  maintain next-generation 911 services and equipment.
 1550         (h)(i) If the wireless category has funds remaining in it
 1551  on December 31 after disbursements have been made during the
 1552  calendar year immediately before prior to December 31, the board
 1553  may disburse the excess funds in the wireless category in
 1554  accordance with s. 365.172(6)(a)3.b.
 1555         (3) The Legislature recognizes that the fee authorized
 1556  under s. 365.172 may not necessarily provide the total funding
 1557  required for establishing or providing the emergency
 1558  communications E911 service. It is the intent of the Legislature
 1559  that all revenue from the fee be used as specified in subsection
 1560  (2).
 1561         Section 3. Subsection (1) of section 365.177, Florida
 1562  Statutes, is amended to read:
 1563         365.177 Transfer of E911 calls between systems.—
 1564         (1) The office shall develop a plan by December 30, 2023
 1565  February 1, 2020, to upgrade 911 public safety answering points
 1566  within the state to allow the transfer of an emergency call from
 1567  one local, multijurisdictional, or regional E911 system to
 1568  another local, multijurisdictional, or regional E911 system in
 1569  the state. Such transfer should include voice, text message,
 1570  image, video, caller identification information, location
 1571  information, and additional standards-based 911 call
 1572  information.
 1573         Section 4. Subsection (10) of section 212.05965, Florida
 1574  Statutes, is amended to read:
 1575         212.05965 Taxation of marketplace sales.—
 1576         (10) Notwithstanding any other law, the marketplace
 1577  provider is also responsible for collecting and remitting any
 1578  prepaid wireless public safety emergency communications systems
 1579  E911 fee under s. 365.172, waste tire fee under s. 403.718, and
 1580  lead-acid battery fee under s. 403.7185 at the time of sale for
 1581  taxable retail sales made through its marketplace.
 1582         Section 5. Section 365.171, Florida Statutes, is amended to
 1583  read:
 1584         365.171 Emergency communications number E911 state plan.—
 1585         (1) SHORT TITLE.—This section may be cited as the “Florida
 1586  Emergency Communications Number E911 State Plan Act.”
 1587         (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
 1588  that the communications number “911” be the designated emergency
 1589  communications number. A public safety agency may not advertise
 1590  or otherwise promote the use of any communications number for
 1591  emergency response services other than “911.” It is further the
 1592  intent of the Legislature to implement and continually update a
 1593  cohesive statewide emergency communications number “E911” plan
 1594  for enhanced 911 services which will provide citizens with rapid
 1595  direct access to public safety agencies by accessing “911” with
 1596  the objective of reducing the response time to situations
 1597  requiring law enforcement, fire, medical, rescue, and other
 1598  emergency services.
 1599         (3) DEFINITIONS.—As used in this section, the term:
 1600         (a) “Office” means the Division of Telecommunications
 1601  within the Department of Management Services, as designated by
 1602  the secretary of the department.
 1603         (b) “Local government” means any city, county, or political
 1604  subdivision of the state and its agencies.
 1605         (c) “Public agency” means the state and any city, county,
 1606  city and county, municipal corporation, chartered organization,
 1607  public district, or public authority located in whole or in part
 1608  within this state which provides, or has authority to provide,
 1609  firefighting, law enforcement, ambulance, medical, or other
 1610  emergency services.
 1611         (d) “Public safety agency” means a functional division of a
 1612  public agency which provides firefighting, law enforcement,
 1613  medical, or other emergency services.
 1614         (4) STATE PLAN.—The office shall develop, maintain, and
 1615  implement appropriate modifications for a statewide emergency
 1616  communications E911 system plan. The plan shall provide for:
 1617         (a) The public agency emergency communications requirements
 1618  for each entity of local government in the state.
 1619         (b) A system to meet specific local government
 1620  requirements. Such system shall include law enforcement,
 1621  firefighting, and emergency medical services and may include
 1622  other emergency services such as poison control, suicide
 1623  prevention, and emergency management services.
 1624         (c) Identification of the mutual aid agreements necessary
 1625  to obtain an effective emergency communications systems E911
 1626  system.
 1627         (d) A funding provision that identifies the cost necessary
 1628  to implement the emergency communications E911 system.
 1629  
 1630  The office shall be responsible for the implementation and
 1631  coordination of such plan. The office shall adopt any necessary
 1632  rules and schedules related to public agencies for implementing
 1633  and coordinating the plan, pursuant to chapter 120.
 1634         (5) SYSTEM DIRECTOR.—The secretary of the department or his
 1635  or her designee is designated as the director of the statewide
 1636  emergency communications number E911 system and, for the purpose
 1637  of carrying out the provisions of this section, is authorized to
 1638  coordinate the activities of the system with state, county,
 1639  local, and private agencies. The director in implementing the
 1640  system shall consult, cooperate, and coordinate with local law
 1641  enforcement agencies.
 1642         (6) REGIONAL SYSTEMS.—This section does not prohibit or
 1643  discourage the formation of multijurisdictional or regional
 1644  systems; and any system established pursuant to this section may
 1645  include the jurisdiction, or any portion thereof, of more than
 1646  one public agency. It is the intent of the Legislature that
 1647  emergency communications services E911 service be available
 1648  throughout the state. Expenditure by counties of the E911 fee
 1649  authorized and imposed under s. 365.172 should support this
 1650  intent to the greatest extent feasible within the context of
 1651  local service needs and fiscal capability. This section does not
 1652  prohibit two or more counties from establishing a combined
 1653  emergency E911 communications service by an interlocal agreement
 1654  and using the fees authorized and imposed by s. 365.172 for such
 1655  combined E911 service.
 1656         (7) TELECOMMUNICATIONS INDUSTRY COORDINATION.—The office
 1657  shall coordinate with the Florida Public Service Commission
 1658  which shall encourage the Florida telecommunications industry to
 1659  activate facility modification plans for timely emergency
 1660  communications services E911 implementation.
 1661         (8) COIN TELEPHONES.—The Florida Public Service Commission
 1662  shall establish rules to be followed by the telecommunications
 1663  companies in this state designed toward encouraging the
 1664  provision of coin-free dialing of “911” calls wherever
 1665  economically practicable and in the public interest.
 1666         (9) SYSTEM APPROVAL.—No emergency communications number
 1667  E911 system shall be established and no present system shall be
 1668  expanded without prior approval of the office.
 1669         (10) COMPLIANCE.—All public agencies shall assist the
 1670  office in their efforts to carry out the intent of this section,
 1671  and such agencies shall comply with the developed plan.
 1672         (11) FEDERAL ASSISTANCE.—The secretary of the department or
 1673  his or her designee may apply for and accept federal funding
 1674  assistance in the development and implementation of a statewide
 1675  emergency communications number E911 system.
 1676         (12) CONFIDENTIALITY OF RECORDS.—
 1677         (a) Any record, recording, or information, or portions
 1678  thereof, obtained by a public agency or a public safety agency
 1679  for the purpose of providing services in an emergency and which
 1680  reveals the name, address, telephone number, or personal
 1681  information about, or information which may identify any person
 1682  requesting emergency service or reporting an emergency by
 1683  accessing an emergency communications E911 system is
 1684  confidential and exempt from the provisions of s. 119.07(1) and
 1685  s. 24(a), Art. I of the State Constitution, except that such
 1686  record or information may be disclosed to a public safety
 1687  agency. The exemption applies only to the name, address,
 1688  telephone number or personal information about, or information
 1689  which may identify any person requesting emergency services or
 1690  reporting an emergency while such information is in the custody
 1691  of the public agency or public safety agency providing emergency
 1692  services. A telecommunications company or commercial mobile
 1693  radio service provider shall not be liable for damages to any
 1694  person resulting from or in connection with such telephone
 1695  company’s or commercial mobile radio service provider’s
 1696  provision of any lawful assistance to any investigative or law
 1697  enforcement officer of the State of Florida or political
 1698  subdivisions thereof, of the United States, or of any other
 1699  state or political subdivision thereof, in connection with any
 1700  lawful investigation or other law enforcement activity by such
 1701  law enforcement officer unless the telecommunications company or
 1702  commercial mobile radio service provider acted in a wanton and
 1703  willful manner.
 1704         (b) Notwithstanding paragraph (a), a 911 public safety
 1705  telecommunicator, as defined in s. 401.465, may contact any
 1706  private person or entity that owns an automated external
 1707  defibrillator who has notified the local emergency medical
 1708  services medical director or public safety answering point of
 1709  such ownership if a confirmed coronary emergency call is taking
 1710  place and the location of the coronary emergency is within a
 1711  reasonable distance from the location of the defibrillator, and
 1712  may provide the location of the coronary emergency to that
 1713  person or entity.
 1714         Section 6. Paragraph (b) of subsection (2) of section
 1715  365.174, Florida Statutes, is amended to read:
 1716         365.174 Proprietary confidential business information.—
 1717         (2)
 1718         (b) The Department of Revenue may provide information
 1719  relative to s. 365.172(9) to the Secretary of Management
 1720  Services, or his or her authorized agent, or to the Emergency
 1721  Communications E911 Board established in s. 365.172(5) for use
 1722  in the conduct of the official business of the Department of
 1723  Management Services or the Emergency Communications E911 Board.
 1724         Section 7. This act shall take effect July 1, 2023.