Bill Text: FL S1418 | 2023 | Regular Session | Enrolled


Bill Title: Emergency Communications

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Passed) 2023-05-12 - Chapter No. 2023-55 [S1418 Detail]

Download: Florida-2023-S1418-Enrolled.html
       ENROLLED
       2023 Legislature     CS for CS for CS for SB 1418, 1st Engrossed
       
       
       
       
       
       
                                                             20231418er
    1  
    2         An act relating to emergency communications; amending
    3         s. 365.172, F.S.; revising the short title; revising
    4         legislative intent; revising and providing
    5         definitions; 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 NG911
   12         systems and improvements; establishing notice and
   13         publication requirements before distribution of grant
   14         funds; providing for priority of county applications
   15         for funds; requiring board oversight of such funds;
   16         eliminating certain authority of the board; providing
   17         for the board’s authority to implement changes to the
   18         allocation percentages and adjust fees; revising the
   19         frequency of board meetings; specifying that the
   20         Division of Telecommunications within the Department
   21         of Management Services must disburse funds to counties
   22         and provide a monthly report of such disbursements;
   23         revising the composition of a committee that reviews
   24         requests for proposals from the board regarding
   25         independent accounting firm selections; revising
   26         provisions relating to the public safety emergency
   27         communications systems fee; requiring uniform
   28         application and imposition of the fee; revising the
   29         factors that the board considers when setting
   30         percentages or contemplating adjustments to the fee;
   31         updating provisions relating to the prepaid wireless
   32         public safety emergency communications systems fee;
   33         revising emergency communications and 911 service
   34         functions; revising the types of emergency
   35         communications equipment and services that are
   36         eligible for expenditure of moneys derived from the
   37         fee; making technical changes; requiring that changes,
   38         modifications, or upgrades to emergency communications
   39         systems or services be made in cooperation and
   40         coordination with specified individuals; conforming
   41         cross-references; amending s. 365.173, F.S.; renaming
   42         the Communications Number E911 System Fund as the
   43         Emergency Communications Trust Fund; revising the
   44         percent distribution of the fund to be used
   45         exclusively for payment of certain authorized
   46         expenditures; authorizing the board, pursuant to rule,
   47         to withhold certain distributions of grant funds and
   48         request a return of all or a portion of such funds
   49         based on a financial audit; removing the percent
   50         distribution to wireless providers; adding a specified
   51         percent distribution to rural counties; amending s.
   52         365.177, F.S.; extending the date by which the
   53         Division of Telecommunications within the Department
   54         of Management Services must develop a plan to upgrade
   55         911 public safety answering points; specifying
   56         components of the required plan; amending ss.
   57         212.05965, 365.171, and 365.174, F.S.; conforming
   58         provisions to changes made by the act; providing an
   59         effective date.
   60          
   61  Be It Enacted by the Legislature of the State of Florida:
   62  
   63         Section 1. Section 365.172, Florida Statutes, is amended to
   64  read:
   65         365.172 Emergency communications. number “E911.”—
   66         (1) SHORT TITLE.—This section may be cited as the
   67  “Emergency Communications Number E911 Act.”
   68         (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
   69  to:
   70         (a) Establish and implement a comprehensive statewide
   71  emergency communications and response capability using modern
   72  technologies and methods. telecommunications number system that
   73  will provide users of voice communications services within the
   74  state rapid direct access to public safety agencies by accessing
   75  the telephone number “911.”
   76         (b) Provide funds to counties to pay certain costs
   77  associated with their public safety emergency response
   78  capabilities and costs incurred to purchase, upgrade, and
   79  maintain 911 systems, computer-aided dispatch, and systems to
   80  create interoperable radio communications systems E911 or 911
   81  systems, to contract for E911 services, and to reimburse
   82  wireless telephone service providers for costs incurred to
   83  provide 911 or E911 services.
   84         (c) Levy a reasonable fee on users of voice communications
   85  services, unless otherwise provided in this section, to
   86  accomplish these purposes.
   87         (d) Provide for an Emergency Communications Board E911
   88  board to administer the fee, with oversight by the office, in a
   89  manner that is competitively and technologically neutral as to
   90  all voice communications services providers.
   91         (e) Ensure that the fee established for emergency
   92  communications systems is used exclusively for recovery by
   93  wireless providers and by counties for costs associated with
   94  developing and maintaining emergency communications E911 systems
   95  and networks in a manner that is competitively and
   96  technologically neutral as to all voice communications services
   97  providers.
   98  
   99  It is further the intent of the Legislature that the fee
  100  authorized or imposed by this section not necessarily provide
  101  the total funding required for establishing or providing
  102  emergency communications systems and services E911 service.
  103         (3) DEFINITIONS.—Only as used in this section and ss.
  104  365.171, 365.173, 365.174, and 365.177, the term:
  105         (a) “Authorized expenditures” means expenditures of the
  106  fee, as specified in subsection (10).
  107         (b) “Automatic location identification” means the
  108  capability of the E911 service which enables the automatic
  109  display of information that defines the approximate geographic
  110  location of the wireless telephone, or the location of the
  111  address of the wireline telephone, used to place a 911 call.
  112         (c) “Automatic number identification” means the capability
  113  of the E911 service which enables the automatic display of the
  114  service number used to place a 911 call.
  115         (d) “Board” or “Emergency Communications Board” “E911
  116  Board” means the board of directors of the E911 Board
  117  established in subsection (5).
  118         (e) “Building permit review” means a review for compliance
  119  with building construction standards adopted by the local
  120  government under chapter 553 and does not include a review for
  121  compliance with land development regulations.
  122         (f) “Colocation” “Collocation” means the situation when a
  123  second or subsequent wireless provider uses an existing
  124  structure to locate a second or subsequent antennae. The term
  125  includes the ground, platform, or roof installation of equipment
  126  enclosures, cabinets, or buildings, and cables, brackets, and
  127  other equipment associated with the location and operation of
  128  the antennae.
  129         (g)“Computer-Aided Dispatch” or “CAD” means a computerized
  130  system within a public safety answering point for entering,
  131  tracking, dispatching, and resolving requests for public safety
  132  services.
  133         (h)(g) “Designed service” means the configuration and
  134  manner of deployment of service the wireless provider has
  135  designed for an area as part of its network.
  136         (i)(h) “Enhanced 911” or “E911” means an enhanced 911
  137  system or enhanced 911 service that is an emergency telephone
  138  system or service that provides a subscriber with 911 service
  139  and, in addition, directs 911 calls to appropriate public safety
  140  answering points by selective routing based on the geographical
  141  location from which the call originated, or as otherwise
  142  provided in the state plan under s. 365.171, and that provides
  143  for automatic number identification and automatic location
  144  identification features. The 911 E911 service provided by a
  145  wireless provider means E911 as defined in the order.
  146         (j)(i) “Existing structure” means a structure that exists
  147  at the time an application for permission to place antennae on a
  148  structure is filed with a local government. The term includes
  149  any structure that can structurally support the attachment of
  150  antennae in compliance with applicable codes.
  151         (k)(j) “Fee” or “public safety emergency communications
  152  systems fee” means the E911 fee authorized and imposed under
  153  subsections (8) and (9).
  154         (l)(k) “Fund” means the Emergency Communications Trust
  155  Number E911 System Fund established in s. 365.173 and maintained
  156  under this section for the purpose of recovering the costs
  157  associated with providing emergency communications services 911
  158  service or E911 service, including the costs of implementing the
  159  order. The fund shall be segregated into wireless, prepaid
  160  wireless, and nonwireless categories.
  161         (m)(l) “Historic building, structure, site, object, or
  162  district” means any building, structure, site, object, or
  163  district that has been officially designated as a historic
  164  building, historic structure, historic site, historic object, or
  165  historic district through a federal, state, or local designation
  166  program.
  167         (n)(m) “Land development regulations” means any ordinance
  168  enacted by a local government for the regulation of any aspect
  169  of development, including an ordinance governing zoning,
  170  subdivisions, landscaping, tree protection, or signs, the local
  171  government’s comprehensive plan, or any other ordinance
  172  concerning any aspect of the development of land. The term does
  173  not include any building construction standard adopted under and
  174  in compliance with chapter 553.
  175         (o)(n) “Local exchange carrier” means a “competitive local
  176  exchange telecommunications company” or a “local exchange
  177  telecommunications company” as defined in s. 364.02.
  178         (p)(o) “Local government” means any municipality, county,
  179  or political subdivision or agency of a municipality, county, or
  180  political subdivision.
  181         (q)(p) “Medium county” means any county that has a
  182  population of 75,000 or more but less than 750,000.
  183         (r)(q) “Mobile telephone number” or “MTN” means the
  184  telephone number assigned to a wireless telephone at the time of
  185  initial activation.
  186         (s)“Next Generation 911” or “NG911” means an Internet
  187  Protocol(IP)-based system composed of managed Emergency Services
  188  IP Networks (ESInet), functional elements (applications), and
  189  databases that replicate traditional E911 features and functions
  190  and provide additional capabilities. The NG911 system is
  191  designed to provide access to emergency services from all
  192  connected communications sources and provide multimedia data
  193  capabilities for PSAPs and other emergency service
  194  organizations.
  195         (t)(r) “Nonwireless category” means the revenues to the
  196  fund received from voice communications services providers other
  197  than wireless providers.
  198         (u)(s) “Office” means the Division of Telecommunications
  199  within the Department of Management Services, as designated by
  200  the secretary of the department.
  201         (v)(t) “Order” means:
  202         1. The following orders and rules of the Federal
  203  Communications Commission issued in FCC Docket No. 94-102:
  204         a. Order adopted on June 12, 1996, with an effective date
  205  of October 1, 1996, the amendments to s. 20.03 and the creation
  206  of s. 20.18 of Title 47 of the Code of Federal Regulations
  207  adopted by the Federal Communications Commission pursuant to
  208  such order.
  209         b. Memorandum and Order No. FCC 97-402 adopted on December
  210  23, 1997.
  211         c. Order No. FCC DA 98-2323 adopted on November 13, 1998.
  212         d. Order No. FCC 98-345 adopted December 31, 1998.
  213         2. Orders and rules subsequently adopted by the Federal
  214  Communications Commission relating to the provision of 911
  215  services, including Order Number FCC-05-116, adopted May 19,
  216  2005.
  217         (w)(u) “Prepaid wireless category” means all revenues in
  218  the fund received through the Department of Revenue from the fee
  219  authorized and imposed under subsection (9).
  220         (x)(v) “Prepaid wireless service” means a right to access
  221  wireless service that allows a caller to contact and interact
  222  with 911 to access the 911 system, which service must be paid
  223  for in advance and is sold in predetermined units or dollars,
  224  which units or dollars expire on a predetermined schedule or are
  225  decremented on a predetermined basis in exchange for the right
  226  to access wireless service.
  227         (y)(w) “Public agency” means the state and any
  228  municipality, county, municipal corporation, or other
  229  governmental entity, public district, or public authority
  230  located in whole or in part within this state which provides, or
  231  has authority to provide, firefighting, law enforcement,
  232  ambulance, medical, or other emergency services.
  233         (z)(x) “Public safety agency” means a functional division
  234  of a public agency which provides firefighting, law enforcement,
  235  medical, or other emergency services.
  236         (aa)(y) “Public safety answering point,” “PSAP,” or
  237  “answering point” means the public safety agency that receives
  238  incoming 911 requests for assistance and dispatches appropriate
  239  public safety agencies to respond to the requests in accordance
  240  with the state E911 plan.
  241         (bb)(z) “Rural county” means any county that has a
  242  population of fewer than 75,000.
  243         (cc)(aa) “Service identifier” means the service number,
  244  access line, or other unique identifier assigned to a subscriber
  245  and established by the Federal Communications Commission for
  246  purposes of routing calls whereby the subscriber has access to
  247  the E911 system.
  248         (dd)(bb) “Tower” means any structure designed primarily to
  249  support a wireless provider’s antennae.
  250         (ee)(cc) “Voice communications services” means two-way
  251  voice service, through the use of any technology, which actually
  252  provides access to 911 E911 services, and includes
  253  communications services, as defined in s. 202.11, which actually
  254  provide access to 911 E911 services and which are required to be
  255  included in the provision of 911 E911 services pursuant to
  256  orders and rules adopted by the Federal Communications
  257  Commission. The term includes voice-over-Internet-protocol
  258  service. For the purposes of this section, the term “voice-over
  259  Internet-protocol service” or “VoIP service” means
  260  interconnected VoIP services having the following
  261  characteristics:
  262         1. The service enables real-time, two-way voice
  263  communications;
  264         2. The service requires a broadband connection from the
  265  user’s locations;
  266         3. The service requires IP-compatible customer premises
  267  equipment; and
  268         4. The service offering allows users generally to receive
  269  calls that originate on the public switched telephone network
  270  and to terminate calls on the public switched telephone network.
  271         (ff)(dd) “Voice communications services provider” or
  272  “provider” means any person or entity providing voice
  273  communications services, except that the term does not include
  274  any person or entity that resells voice communications services
  275  and was assessed the fee authorized and imposed under subsection
  276  (8) by its resale supplier.
  277         (gg)(ee) “Wireless 911 system” or “wireless 911 service”
  278  means an emergency telephone system or service that provides a
  279  subscriber with the ability to reach an answering point by
  280  accessing the digits 911.
  281         (hh)(ff) “Wireless category” means the revenues to the fund
  282  received from a wireless provider from the fee authorized and
  283  imposed under subsection (8).
  284         (ii)(gg) “Wireless communications facility” means any
  285  equipment or facility used to provide service and may include,
  286  but is not limited to, antennae, towers, equipment enclosures,
  287  cabling, antenna brackets, and other such equipment. Placing a
  288  wireless communications facility on an existing structure does
  289  not cause the existing structure to become a wireless
  290  communications facility.
  291         (jj)(hh) “Wireless provider” means a person who provides
  292  wireless service and:
  293         1. Is subject to the requirements of the order; or
  294         2. Elects to provide wireless 911 service, or E911 service,
  295  or NG911 service in this state.
  296         (kk)(ii) “Wireless service” means “commercial mobile radio
  297  service” as provided under ss. 3(27) and 332(d) of the Federal
  298  Telecommunications Act of 1996, 47 U.S.C. ss. 151 et seq., and
  299  the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103
  300  66, August 10, 1993, 107 Stat. 312. The term includes service
  301  provided by any wireless real-time two-way wire communication
  302  device, including radio-telephone communications used in
  303  cellular telephone service; personal communications service; or
  304  the functional or competitive equivalent of a radio-telephone
  305  communications line used in cellular telephone service, a
  306  personal communications service, or a network radio access line.
  307  The term does not include wireless providers that offer mainly
  308  dispatch service in a more localized, noncellular configuration;
  309  providers offering only data, one-way, or stored-voice services
  310  on an interconnected basis; providers of air-to-ground services;
  311  or public coast stations.
  312         (4) POWERS AND DUTIES OF THE OFFICE.—The office shall
  313  oversee the administration of the fee authorized and imposed
  314  under subsections (8) and (9).
  315         (5) THE EMERGENCY COMMUNICATIONS E911 BOARD.—
  316         (a) The Emergency Communications E911 Board is established,
  317  with oversight by the office, to:
  318         1.Promote interoperability between public safety answering
  319  points by providing guidance and direction to counties and state
  320  agencies that operate 911 centers for the deployment of
  321  emergency communications infrastructure and the handling of
  322  emergency communications information, such as voice, text, data,
  323  and images, from receipt at a PSAP to dispatching to responders.
  324         2.Establish and administer allocations from the fund
  325  dedicated to investing in public safety communications and
  326  technology for 911.
  327         3.Provide technical assistance and guidance to rural
  328  counties as needed.
  329         (b)Public safety funding under paragraph (a) must focus
  330  on, but need not be limited to:
  331         1.Next Generation 911.
  332         2.Emergency Services IP Network (ESInet).
  333         3.Computer-Aided Dispatch.
  334         4.PSAP technology to interface with:
  335         a.Land Mobile Radio (LMR).
  336         b.Smart city technology data.
  337         c.In-building coverage.
  338         5.Emergency communications broadband networks.
  339         6.Cybersecurity
  340  to administer, with oversight by the office, the fee imposed
  341  under subsections (8) and (9), including receiving revenues
  342  derived from the fee; distributing portions of the revenues to
  343  wireless providers, counties, and the office; accounting for
  344  receipts, distributions, and income derived by the funds
  345  maintained in the fund; and providing annual reports to the
  346  Governor and the Legislature for submission by the office on
  347  amounts collected and expended, the purposes for which
  348  expenditures have been made, and the status of E911 service in
  349  this state. In order to advise and assist the office in
  350  implementing the purposes of this section, the board, which has
  351  the power of a body corporate, has the powers enumerated in
  352  subsection (6).
  353         (c)(b) The board shall consist of nine 11 members, one of
  354  whom must be the system director designated under s. 365.171(5),
  355  or his or her designee, who shall serve as the chair of the
  356  board. The remaining eight 10 members of the board shall be
  357  appointed by the Governor. All members must be residents of this
  358  state. The board must be composed of four county 911
  359  coordinators, with consideration given to rural, medium, and
  360  large counties, and four members from fields that include, but
  361  are not limited to, law enforcement, fire response, emergency
  362  medical services, public safety dispatch, and
  363  telecommunications. The Florida Sheriffs Association, the
  364  Florida Police Chiefs Association, and the Florida Association
  365  of Counties, in consultation with the county 911 coordinators,
  366  may provide recommendations to the Governor for the appointment
  367  of the board members and must be composed of 5 county 911
  368  coordinators, consisting of a representative from a rural
  369  county, a representative from a medium county, a representative
  370  from a large county, and 2 at-large representatives recommended
  371  by the Florida Association of Counties in consultation with the
  372  county 911 coordinators; 3 local exchange carrier member
  373  representatives, one of whom must be a representative of the
  374  local exchange carrier having the greatest number of access
  375  lines in the state and one of whom must be a representative of a
  376  certificated competitive local exchange telecommunications
  377  company; and 2 member representatives from the wireless
  378  telecommunications industry, with consideration given to
  379  wireless providers that are not affiliated with local exchange
  380  carriers. Not more than one member may be appointed to represent
  381  any single provider on the board.
  382         (d)(c) The system director, designated under s. 365.171(5),
  383  or his or her designee, must be a permanent member of the board.
  384  Each of the remaining eight 10 members of the board shall be
  385  appointed to a 4-year term and may not be appointed to more than
  386  two successive terms. However, for the purpose of staggering
  387  terms, three two of the original board members shall be
  388  appointed to terms of 4 years, three two shall be appointed to
  389  terms of 3 years, and two four shall be appointed to terms of 2
  390  years, as designated by the Governor. A vacancy on the board
  391  shall be filled in the same manner as the original appointment.
  392  Current 911 coordinators serving on the board must complete
  393  their terms while other positions must be filled immediately.
  394         (e)The board shall advocate and develop policy
  395  recommendations for ensuring interoperability of and
  396  connectivity between public safety communications systems within
  397  the state, including, but not limited to, recommendations
  398  related to the following:
  399         1.Call routing accuracy and timeliness of response.
  400         2.Improved interagency communication and situational
  401  awareness.
  402         3.Improved interagency system connectivity.
  403         4.Improved response times.
  404         5.Maximized use of emerging technologies.
  405         6.Improved lifecycle management of the systems, equipment,
  406  and services that enable responders and public safety officials
  407  to share information securely.
  408         7.Governance, policy, and procedure across public safety
  409  agencies.
  410         8.Establishment of resilient and secure emergency
  411  communications systems to reduce cybersecurity threats and
  412  vulnerabilities.
  413         (f)The board shall administer the fee imposed under
  414  subsections (8) and (9), including receiving revenues derived
  415  from the fee; distributing portions of the revenues to counties
  416  and the office; accounting for receipts, distributions, and
  417  income derived by the funds maintained in the fund; and
  418  providing annual reports for review and submission to the
  419  Governor and the Legislature on amounts collected and expended,
  420  the purposes for which expenditures have been made, and the
  421  status of emergency communications services in this state.
  422         (g)The board may create subcommittees to advise the board,
  423  as needed.
  424         (6) AUTHORITY OF THE BOARD; ANNUAL REPORT.—
  425         (a) The board shall:
  426         1. Administer the public safety emergency communications
  427  systems E911 fee.
  428         2. Implement, maintain, and oversee the fund.
  429         3. Review and oversee the disbursement of the revenues
  430  deposited into the fund as provided in s. 365.173.
  431         a. The board may establish a schedule for implementing
  432  NG911 systems, public safety radio communications systems, and
  433  other public safety communications improvements wireless E911
  434  service by service area, and prioritize disbursements of
  435  revenues from the fund to providers and rural counties as
  436  provided in s. 365.173(2)(f) s. 365.173(2)(e) and (g) pursuant
  437  to the schedule, in order to implement 911 E911 services in the
  438  most efficient and cost-effective manner.
  439         b.For grants made available under s. 365.173(2)(g), the
  440  board shall provide 90 days’ written notice to all counties and
  441  publish electronically an approved application process.
  442  Applications must be prioritized based on the availability of
  443  grant funds, current system life expectancy, and system
  444  replacement needs. The board shall take all actions within its
  445  authority to ensure that county recipients of such funds use
  446  these funds only for the purpose for which they have been
  447  provided and may take any actions within its authority to secure
  448  county repayment of revenues upon a determination that the funds
  449  were not used for the purpose for which the funds were
  450  disbursed.
  451         b.Revenues in the fund which have not been disbursed
  452  because sworn invoices as required by s. 365.173(2)(e) have not
  453  been submitted to the board may be used by the board as needed
  454  to provide grants to counties for the purpose of upgrading E911
  455  systems. The counties must use the funds only for capital
  456  expenditures or remotely provided hosted 911 answering point
  457  call-taking equipment and network services directly attributable
  458  to establishing and provisioning E911 services, which may
  459  include next-generation deployment. Prior to the distribution of
  460  grants, the board shall provide 90 days’ written notice to all
  461  counties and publish electronically an approved application
  462  process. County grant applications shall be prioritized based on
  463  the availability of funds, current system life expectancy,
  464  system replacement needs, and Phase II compliance per the
  465  Federal Communications Commission. No grants will be available
  466  to any county for next-generation deployment until all counties
  467  are Phase II complete. The board shall take all actions within
  468  its authority to ensure that county recipients of such grants
  469  use these funds only for the purpose under which they have been
  470  provided and may take any actions within its authority to secure
  471  county repayment of grant revenues upon determination that the
  472  funds were not used for the purpose under which they were
  473  provided.
  474         c.When determining the funding provided in a state 911
  475  grant application request, the board shall take into account
  476  information on the amount of carryforward funds retained by the
  477  counties. The information will be based on the amount of county
  478  carryforward funds reported in the financial audit required in
  479  s. 365.173(2)(d). E911 State Grant Program funding requests will
  480  be limited by any county carryforward funds in excess of the
  481  allowable 30 percent amount of fee revenue calculated on a 2
  482  year basis.
  483         d.The board shall reimburse all costs of a wireless
  484  provider in accordance with s. 365.173(2)(e) before taking any
  485  action to transfer additional funds.
  486         e.After taking the action required in sub-subparagraphs
  487  a.-d., the board may review and, with all members participating
  488  in the vote, adjust the percentage allocations or adjust the
  489  amount of the fee as provided under paragraph (8)(g), and, if
  490  the board determines that the revenues in the wireless category
  491  exceed the amount needed to reimburse wireless providers for the
  492  cost to implement E911 services, the board may transfer revenue
  493  to the counties from the existing funds within the wireless
  494  category. The board shall disburse the funds equitably to all
  495  counties using a timeframe and distribution methodology
  496  established by the board.
  497         4. Review documentation submitted by wireless providers
  498  which reflects current and projected funds derived from the fee.
  499  , and the expenses incurred and expected to be incurred in order
  500  to comply with the E911 service requirements contained in the
  501  order for the purposes of:
  502         a.Ensuring that wireless providers receive fair and
  503  equitable distributions of funds from the fund.
  504         b.Ensuring that wireless providers are not provided
  505  disbursements from the fund which exceed the costs of providing
  506  E911 service, including the costs of complying with the order.
  507         c.Ascertaining the projected costs of compliance with the
  508  requirements of the order and projected collections of the fee.
  509         d.Implementing changes to the allocation percentages or
  510  adjusting the fee under paragraph (8)(h).
  511         5.Implement changes to the allocation percentages or
  512  adjust the fee pursuant to s. 365.173.
  513         6.5. Meet monthly in the most efficient and cost-effective
  514  manner, including telephonically when practical, for the
  515  business to be conducted. The office shall administer the
  516  disbursement of funds to counties and provide a monthly report
  517  of such disbursements to the board, to review and approve or
  518  reject, in whole or in part, applications submitted by wireless
  519  providers for recovery of moneys deposited into the wireless
  520  category, and to authorize the transfer of, and distribute, the
  521  fee allocation to the counties.
  522         7.6. Hire and retain employees, which may include an
  523  independent executive director who shall possess experience in
  524  the area of telecommunications and emergency 911 issues, for the
  525  purposes of performing the technical and administrative
  526  functions for the board.
  527         8.7. Make and enter into contracts, pursuant to chapter
  528  287, and execute other instruments necessary or convenient for
  529  the exercise of the powers and functions of the board.
  530         9.8. Sue and be sued, and appear and defend in all actions
  531  and proceedings, in its corporate name to the same extent as a
  532  natural person.
  533         10.9. Adopt, use, and alter a common corporate seal.
  534         11.10. Elect or appoint the officers and agents that are
  535  required by the affairs of the board.
  536         12.11. The board may adopt rules under ss. 120.536(1) and
  537  120.54 to implement this section and ss. 365.173 and 365.174.
  538         13.12. Provide coordination, support, and technical
  539  assistance to counties to promote the deployment of advanced
  540  public safety emergency communications 911 and E911 systems in
  541  the state.
  542         14.13. Provide coordination and support for educational
  543  opportunities related to 911 E911 issues for the public safety
  544  emergency communications E911 community in this state.
  545         15.14. Act as an advocate for issues related to public
  546  safety emergency communications E911 system functions, features,
  547  and operations to improve the delivery of public safety
  548  emergency communications E911 services to the residents of and
  549  visitors to this state.
  550         16.15. Coordinate input from this state at national forums
  551  and associations, to ensure that policies related to public
  552  safety emergency communications E911 systems and services are
  553  consistent with the policies of the public safety emergency
  554  communications E911 community in this state.
  555         17.16. Work cooperatively with the system director
  556  established in s. 365.171(5) to enhance the state of public
  557  safety emergency communications E911 services in this state and
  558  to provide unified leadership for all public safety emergency
  559  communications E911 issues through planning and coordination.
  560         18.17. Do all acts and things necessary or convenient to
  561  carry out the powers granted in this section in a manner that is
  562  competitively and technologically neutral as to all voice
  563  communications services providers, including, but not limited
  564  to, consideration of emerging technology and related cost
  565  savings, while taking into account embedded costs in current
  566  systems.
  567         19.18. Have the authority to secure the services of an
  568  independent, private attorney via invitation to bid, request for
  569  proposals, invitation to negotiate, or professional contracts
  570  for legal services already established at the Division of
  571  Purchasing of the Department of Management Services.
  572         (b) Board members shall serve without compensation;
  573  however, members are entitled to per diem and travel expenses as
  574  provided in s. 112.061.
  575         (c) By February 28 of each year, the board shall prepare a
  576  report for submission by the office to the Governor, the
  577  President of the Senate, and the Speaker of the House of
  578  Representatives which addresses for the immediately preceding
  579  state fiscal year and county fiscal year:
  580         1. The annual receipts, including the total amount of fee
  581  revenues collected by each provider, the total disbursements of
  582  money in the fund, including the amount of fund-reimbursed
  583  expenses incurred by each wireless provider to comply with the
  584  order, and the amount of moneys on deposit in the fund.
  585         2. Whether the amount of the fee and the allocation
  586  percentages set forth in s. 365.173 have been or should be
  587  adjusted to comply with the requirements of the order or other
  588  provisions of this chapter, and the reasons for making or not
  589  making a recommended adjustment to the fee.
  590         3. Any other issues related to providing emergency
  591  communications E911 services.
  592         4. The status of emergency communications E911 services in
  593  this state.
  594         (7) REQUEST FOR PROPOSALS FOR INDEPENDENT ACCOUNTING FIRM.—
  595         (a) The board shall issue a request for proposals as
  596  provided in chapter 287 for the purpose of retaining an
  597  independent accounting firm. The independent accounting firm
  598  shall perform all material administrative and accounting tasks
  599  and functions required for administering the fee. The request
  600  for proposals must include, but need not be limited to:
  601         1. A description of the scope and general requirements of
  602  the services requested.
  603         2. A description of the specific accounting and reporting
  604  services required for administering the fund, including
  605  processing checks and distributing funds as directed by the
  606  board under s. 365.173.
  607         3. A description of information to be provided by the
  608  proposer, including the proposer’s background and qualifications
  609  and the proposed cost of the services to be provided.
  610         (b) The board shall establish a committee to review
  611  requests for proposals which must include the statewide
  612  emergency communications systems E911 system director designated
  613  under s. 365.171(5), or his or her designee, and two members of
  614  the board, one of whom is a county 911 coordinator and one of
  615  whom represents a voice communications services provider. The
  616  review committee shall review the proposals received by the
  617  board and recommend an independent accounting firm to the board
  618  for final selection. By agreeing to serve on the review
  619  committee, each member of the review committee shall verify that
  620  he or she does not have any interest or employment, directly or
  621  indirectly, with potential proposers which conflicts in any
  622  manner or degree with his or her performance on the committee.
  623         (c) The board may secure the services of an independent
  624  accounting firm via invitation to bid, request for proposals,
  625  invitation to negotiate, or professional contracts already
  626  established at the Division of Purchasing, Department of
  627  Management Services, for certified public accounting firms, or
  628  the board may hire and retain professional accounting staff to
  629  accomplish these functions.
  630         (8) PUBLIC SAFETY EMERGENCY COMMUNICATIONS SYSTEMS E911
  631  FEE.—
  632         (a) Each voice communications services provider shall
  633  collect the fee described in this subsection, except that the
  634  fee for prepaid wireless service shall be collected in the
  635  manner set forth in subsection (9). Each provider, as part of
  636  its monthly billing process, shall bill the fee as follows. The
  637  fee may shall not be assessed on any pay telephone in the state.
  638         1. Each voice communications service provider other than a
  639  wireless provider shall bill the fee to a subscriber based on
  640  the number of access lines having access to the 911 E911 system,
  641  on a service-identifier basis, up to a maximum of 25 access
  642  lines per account bill rendered.
  643         2. Each voice communications service provider other than a
  644  wireless provider shall bill the fee to a subscriber on a basis
  645  of five service-identified access lines for each digital
  646  transmission link, including primary rate interface service or
  647  equivalent Digital-Signal-1-level service, which can be
  648  channelized and split into 23 or 24 voice-grade or data-grade
  649  channels for communications, up to a maximum of 25 access lines
  650  per account bill rendered.
  651         3. Except in the case of prepaid wireless service, each
  652  wireless provider shall bill the fee to a subscriber on a per
  653  service-identifier basis for service identifiers whose primary
  654  place of use is within this state. The fee may shall not be
  655  assessed on or collected from a provider with respect to an end
  656  user’s service if that end user’s service is a prepaid wireless
  657  service sold before January 1, 2015.
  658         4. Except in the case of prepaid wireless service, each
  659  voice communications services provider not addressed under
  660  subparagraphs 1., 2., and 3. shall bill the fee on a per
  661  service-identifier basis for service identifiers whose primary
  662  place of use is within the state up to a maximum of 25 service
  663  identifiers for each account bill rendered.
  664  
  665  The provider may list the fee as a separate entry on each bill,
  666  in which case the fee must be identified as a fee for 911 E911
  667  services. A provider shall remit the fee to the board only if
  668  the fee is paid by the subscriber. If a provider receives a
  669  partial payment for a monthly bill from a subscriber, the amount
  670  received shall first be applied to the payment due the provider
  671  for providing voice communications service.
  672         (b) A provider is not obligated to take any legal action to
  673  enforce collection of the fees for which any subscriber is
  674  billed. A county subscribing to 911 service remains liable to
  675  the provider delivering the 911 service or equipment for any 911
  676  service, equipment, operation, or maintenance charge owed by the
  677  county to the provider.
  678         (c) For purposes of this subsection, the state and local
  679  governments are not subscribers.
  680         (d) Each provider may retain 1 percent of the amount of the
  681  fees collected as reimbursement for the administrative costs
  682  incurred by the provider to bill, collect, and remit the fee.
  683  The remainder shall be delivered to the board and deposited by
  684  the board into the fund. The board shall distribute the
  685  remainder pursuant to s. 365.173.
  686         (e) Voice communications services providers billing the fee
  687  to subscribers shall deliver revenues from the fee to the board
  688  within 60 days after the end of the month in which the fee was
  689  billed, together with a monthly report of the number of service
  690  identifiers in each county. Each wireless provider and other
  691  applicable provider identified in subparagraph (a)4. shall
  692  report the number of service identifiers for subscribers whose
  693  place of primary use is in each county. All provider subscriber
  694  information provided to the board is subject to s. 365.174. If a
  695  provider chooses to remit any fee amounts to the board before
  696  they are paid by the subscribers, a provider may apply to the
  697  board for a refund of, or may take a credit for, any such fees
  698  remitted to the board which are not collected by the provider
  699  within 6 months following the month in which the fees are
  700  charged off for federal income tax purposes as bad debt.
  701         (f) The rate of the fee may not exceed 50 cents per month
  702  for each service identifier. Effective January 1, 2015, the fee
  703  shall be 40 cents per month for each service identifier. The fee
  704  shall apply uniformly and be imposed throughout the state,
  705  except for those counties that, before July 1, 2007, had adopted
  706  an ordinance or resolution establishing a fee less than 50 cents
  707  per month per access line. In those counties the fee established
  708  by ordinance may be changed only to the uniform statewide rate
  709  no sooner than 30 days after notification is made by the
  710  county’s board of county commissioners to the board.
  711         (g) The board may adjust the allocation percentages for
  712  distribution of the fund as provided in s. 365.173. No sooner
  713  than June 1, 2015, the board may adjust the rate of the fee
  714  under paragraph (f) based on the criteria in this paragraph and
  715  paragraph (h). Any adjustment in the rate must be approved by a
  716  two-thirds vote of the total number of E911 board members. When
  717  setting the percentages or contemplating any adjustments to the
  718  fee, the board shall consider the following:
  719         1.The revenues currently allocated for wireless service
  720  provider costs for implementing E911 service and projected costs
  721  for implementing E911 service, including recurring costs for
  722  Phase I and Phase II and the effect of new technologies;
  723         1.2. The appropriate level of funding needed to fund the
  724  rural grant program provided for in s. 365.173(2)(f) s.
  725  365.173(2)(g); and
  726         2.3. The need to fund statewide, regional, and county
  727  grants in accordance with sub-subparagraph (6)(a)3.b. and s.
  728  365.173(2)(g) s. 365.173(2)(h).
  729         (h) The board may adjust the allocation percentages or
  730  adjust the amount of the fee as provided in paragraph (g) if
  731  necessary to ensure full cost recovery or prevent over recovery
  732  overrecovery of costs incurred in the provision of 911 E911
  733  service, including costs incurred or projected to be incurred to
  734  comply with the order. Any new allocation percentages or reduced
  735  or increased fee may not be adjusted for 1 year. In no event
  736  shall the fee exceed 50 cents per month for each service
  737  identifier. The fee, and any board adjustment of the fee, shall
  738  be uniform throughout the state, except for the counties
  739  identified in paragraph (f). No less than 90 days before the
  740  effective date of any adjustment to the fee, the board shall
  741  provide written notice of the adjusted fee amount and effective
  742  date to each voice communications services provider from which
  743  the board is then receiving the fee.
  744         (i) It is the intent of the Legislature that all revenue
  745  from the fee be used as specified in s. 365.173(2)(a)-(h) s.
  746  365.173(2)(a)-(i).
  747         (j) State and local taxes do not apply to the fee. The
  748  amount of the E911 fee collected by a provider may not be
  749  included in the base for imposition of any tax, fee, surcharge,
  750  or other charge imposed by this state, any political subdivision
  751  of this state, or any intergovernmental agency.
  752         (k) A local government may not levy the fee or any
  753  additional fee on providers or subscribers for the provision of
  754  911 E911 service.
  755         (l) For purposes of this section, the definitions contained
  756  in s. 202.11 and the provisions of s. 202.155 apply in the same
  757  manner and to the same extent as the definitions and provisions
  758  apply to the taxes levied under chapter 202 on mobile
  759  communications services.
  760         (9) PREPAID WIRELESS PUBLIC SAFETY EMERGENCY COMMUNICATIONS
  761  SYSTEMS E911 FEE.—
  762         (a) Effective January 1, 2015, a prepaid wireless E911 fee
  763  is imposed per retail transaction at the rate established in
  764  paragraph (8)(f). In order to allow sellers of all sizes and
  765  technological capabilities adequate time to comply with this
  766  subsection, a seller of prepaid wireless service operating in
  767  this state before the prepaid wireless E911 fee is imposed shall
  768  retain 100 percent of the fee collected under this paragraph for
  769  the first 2 months to offset the cost of setup.
  770         (b) Effective March 1, 2015, the prepaid wireless E911 fee
  771  imposed under paragraph (a) shall be subject to remittance in
  772  accordance with paragraph (g). In no event shall the fee exceed
  773  50 cents for each retail transaction. At least 90 days before
  774  the effective date of any adjustment to the fee under paragraph
  775  (8)(g), the Department of Revenue shall provide written notice
  776  of the adjusted fee amount and its effective date to each seller
  777  from which the department is then receiving the fee. At least
  778  120 days before the effective date of any adjustment to the fee
  779  imposed under this subsection, the board shall provide notice to
  780  the Department of Revenue of the adjusted fee amount and
  781  effective date of the adjustment.
  782         (c) The prepaid wireless E911 fee shall be collected by the
  783  seller from the consumer with respect to each retail transaction
  784  occurring in this state. The amount of the prepaid wireless E911
  785  fee shall be separately stated on an invoice, receipt, or other
  786  similar document that is provided to the consumer by the seller
  787  or otherwise disclosed to the consumer.
  788         (d) For purposes of paragraph (c), a retail transaction
  789  that takes place in person by a consumer at a business location
  790  of the seller shall be treated as occurring in this state if
  791  that business location is in this state. Such transaction is
  792  deemed to have occurred in the county of the business location.
  793  When a retail transaction does not take place at the seller’s
  794  business location, the transaction shall be treated as taking
  795  place at the consumer’s shipping address or, if no item is
  796  shipped, at the consumer’s address or the location associated
  797  with the consumer’s mobile telephone number. Such transaction is
  798  deemed to have occurred in the county of the consumer’s shipping
  799  address when items are shipped to the consumer or, when no items
  800  are shipped, the county of the consumer’s address or the
  801  location associated with the consumer’s mobile telephone number.
  802  A transaction for which the specific Florida county cannot be
  803  determined shall be treated as nonspecific.
  804         (e) If a prepaid wireless device is sold for a single,
  805  nonitemized price with a prepaid wireless service of 10 minutes
  806  or less or $5 or less, the seller may elect not to apply the
  807  prepaid wireless E911 fee to the transaction.
  808         (f) The amount of the prepaid wireless E911 fee that is
  809  collected by a seller from a consumer and that is separately
  810  stated on an invoice, receipt, or similar document provided to
  811  the consumer by the seller, may not be included in the base for
  812  imposition of any tax, fee, surcharge, or other charge that is
  813  imposed by this state, any political subdivision of this state,
  814  or any intergovernmental agency.
  815         (g) Beginning April 1, 2015, each seller shall file a
  816  return and remit the prepaid wireless E911 fees collected in the
  817  previous month to the Department of Revenue on or before the
  818  20th day of the month. If the 20th day falls on a Saturday,
  819  Sunday, or legal holiday, payments accompanied by returns are
  820  due on the next succeeding day that is not a Saturday, Sunday,
  821  or legal holiday observed by federal or state agencies as
  822  defined in chapter 683 and s. 7503 of the Internal Revenue Code
  823  of 1986, as amended. A seller may remit the prepaid wireless
  824  E911 fee by electronic funds transfer and file a fee return with
  825  the Department of Revenue that is initiated through an
  826  electronic data interchange.
  827         1. When a seller is authorized by the Department of Revenue
  828  pursuant to s. 212.11(1)(c) or (d) to file a sales and use tax
  829  return on a quarterly, semiannual, or annual reporting basis,
  830  the seller may file a return and remit the prepaid wireless E911
  831  fees on or before the 20th day of the month following the
  832  authorized reporting period for sales and use tax.
  833         2. A seller collecting less than $50 per month of prepaid
  834  wireless E911 fees may file a quarterly return for the calendar
  835  quarters ending in March, June, September, and December. The
  836  seller must file a return and remit the prepaid wireless E911
  837  fees collected during each calendar quarter on or before the
  838  20th day of the month following that calendar quarter.
  839         3. A seller must provide the following information on each
  840  prepaid wireless E911 fee return filed with the Department of
  841  Revenue:
  842         a. The seller’s name, federal identification number,
  843  taxpayer identification number issued by the Department of
  844  Revenue, business location address and mailing address, and
  845  county of the business location in accordance with paragraph
  846  (d);
  847         b. The reporting period;
  848         c. The number of prepaid wireless services sold during the
  849  reporting period;
  850         d. The amount of prepaid wireless E911 fees collected and
  851  the amount of any adjustments to the fees collected;
  852         e. The amount of any retailer collection allowance deducted
  853  from the amount of prepaid wireless E911 fees collected; and
  854         f. The amount to be remitted to the Department of Revenue.
  855         4. A seller who operates two or more business locations for
  856  which returns are required to be filed with the Department of
  857  Revenue may file a consolidated return reporting and remitting
  858  the prepaid wireless E911 fee for all business locations. Such
  859  sellers must report the prepaid wireless E911 fees collected in
  860  each county, in accordance with paragraph (d), on a reporting
  861  schedule filed with the fee return.
  862         5. A return is not required for a reporting period when no
  863  prepaid wireless E911 fee is to be remitted for that period.
  864         6. Except as provided in this section, the Department of
  865  Revenue shall administer, collect, and enforce the fee under
  866  this subsection pursuant to the same procedures used in the
  867  administration, collection, and enforcement of the general state
  868  sales tax imposed under chapter 212. The provisions of chapter
  869  212 regarding authority to audit and make assessments, keeping
  870  of books and records, and interest and penalties on delinquent
  871  fees shall apply. The provisions of estimated tax liability in
  872  s. 212.11(1)(a) do not apply to the prepaid wireless E911 fee.
  873         (h) A seller of prepaid wireless services in this state
  874  must register with the Department of Revenue for each place of
  875  business as required by s. 212.18(3) and the Department of
  876  Revenue’s administrative rule regarding registration as a sales
  877  and use tax dealer. A separate application is required for each
  878  place of business. A valid certificate of registration issued by
  879  the Department of Revenue to a seller for sales and use tax
  880  purposes is sufficient for purposes of the registration
  881  requirement of this subsection. There is no fee for registration
  882  for remittance of the prepaid wireless E911 fee.
  883         (i) The Department of Revenue shall deposit the funds
  884  remitted under this subsection into the Audit and Warrant
  885  Clearing Trust Fund established in s. 215.199 and retain up to
  886  3.2 percent of the funds remitted under this subsection to
  887  reimburse its direct costs of administering the collection and
  888  remittance of prepaid wireless E911 fees. Thereafter, the
  889  Department of Revenue shall transfer all remaining funds
  890  remitted under this subsection to the Emergency Communications
  891  Trust Number E911 System Fund monthly for use as provided in s.
  892  365.173.
  893         (j) Beginning March 1, 2015, a seller may retain 5 percent
  894  of the prepaid wireless E911 fees that are collected by the
  895  seller from consumers as a retailer collection allowance.
  896         (k) A provider or seller of prepaid wireless service is not
  897  liable for damages to any person resulting from or incurred in
  898  connection with providing or failing to provide emergency
  899  communications and 911 or E911 service or for identifying or
  900  failing to identify the telephone number, address, location, or
  901  name associated with any person or device that is accessing or
  902  attempting to access emergency communications and 911 or E911
  903  service.
  904         (l) A provider or seller of prepaid wireless service is not
  905  liable for damages to any person resulting from or incurred in
  906  connection with providing any lawful assistance to any
  907  investigative or law enforcement officer of the United States,
  908  any state, or any political subdivision of any state in
  909  connection with any lawful investigation or other law
  910  enforcement activity by such law enforcement officer.
  911         (m) The limitations of liability under this subsection for
  912  providers and sellers are in addition to any other limitation of
  913  liability provided for under this section.
  914         (n) A local government may not levy the fee or any
  915  additional fee on providers or sellers of prepaid wireless
  916  service for the provision of 911 E911 service.
  917         (o) For purposes of this section, the state and local
  918  governments are not consumers.
  919         (p) For purposes of this subsection, the term:
  920         1. “Consumer” means a person who purchases prepaid wireless
  921  service in a retail sale.
  922         2. “Prepaid wireless E911 fee” means the fee that is
  923  required to be collected by a seller from a consumer as provided
  924  in this subsection.
  925         3. “Provider” means a person that provides prepaid wireless
  926  service pursuant to a license issued by the Federal
  927  Communications Commission.
  928         4. “Retail transaction” means the purchase by a consumer
  929  from a seller of prepaid wireless service that may be applied to
  930  a single service identifier for use by the consumer. If a
  931  consumer makes a purchase of multiple prepaid wireless services
  932  in a single transaction, each individual prepaid wireless
  933  service shall be considered a separate retail transaction for
  934  purposes of calculating the prepaid wireless E911 fee.
  935         5. “Seller” means a person who makes retail sales of
  936  prepaid wireless services to a consumer.
  937         (10) AUTHORIZED EXPENDITURES OF PUBLIC SAFETY EMERGENCY
  938  COMMUNICATIONS SYSTEMS E911 FEE.—
  939         (a) For purposes of this section, emergency communications
  940  and 911 E911 service includes the functions relating to the
  941  receipt and transfer of requests for emergency assistance, of
  942  database management, call taking, and location verification, and
  943  call transfer. Department of Health certification and
  944  recertification and training costs for 911 public safety
  945  telecommunications, including dispatching, are functions of
  946  public safety emergency communications 911 services.
  947         (b) All costs directly attributable to the establishment or
  948  provision of emergency communications equipment E911 service and
  949  contracting for E911 services related to a primary or secondary
  950  public safety answering point are eligible for expenditure of
  951  moneys derived from imposition of the fee authorized by
  952  subsections (8) and (9). These costs include the acquisition,
  953  implementation, and maintenance of Public Safety Answering Point
  954  (PSAP) equipment and 911 E911 service features, as defined in
  955  the providers’ published schedules or the acquisition,
  956  installation, and maintenance of other E911 equipment,
  957  including: circuits; call answering equipment; call transfer
  958  equipment; ANI or ALI controllers; ANI or ALI displays; station
  959  instruments; NG911 E911 telecommunications systems; Emergency
  960  Services IP Networks (ESInets); visual call information and
  961  storage devices; recording equipment; telephone devices and
  962  other equipment for the hearing impaired used in the 911 E911
  963  system; PSAP backup power systems; consoles; automatic call
  964  distributors; , and interfaces, including hardware and software,
  965  for computer-aided dispatch (CAD) systems, public safety Land
  966  Mobile Radio(LMR) systems and radio consoles that provide two
  967  way radio communication with responders, and in-building
  968  coverage; integrated CAD systems for that portion of the systems
  969  used for E911 call taking; GIS system and software equipment and
  970  information displays; network clocks; cybersecurity, including
  971  hardware, software, and services; salary and associated expenses
  972  for 911 E911 call takers and emergency dispatchers for that
  973  portion of their time spent taking and transferring E911 calls,
  974  salary, and associated expenses for a county to employ a full
  975  time equivalent 911 E911 coordinator position and a full-time
  976  equivalent mapping or geographical data position, and technical
  977  system maintenance, database, and administration personnel for
  978  the portion of their time spent administrating the emergency
  979  communications E911 system; emergency medical, fire, and law
  980  enforcement prearrival instruction software; charts and training
  981  costs; training costs for PSAP call takers, dispatchers,
  982  supervisors, and managers in the proper methods and techniques
  983  used in taking and transferring 911 E911 calls; costs to train
  984  and educate PSAP employees and the public regarding 911 and
  985  radio E911 service or NG911 E911 equipment, including fees
  986  collected by the Department of Health for the certification and
  987  recertification of 911 public safety telecommunicators as
  988  required under s. 401.465; and expenses required to develop and
  989  maintain all information, including ALI and ANI databases, call
  990  takers access to smart city technology data, emergency
  991  communications broadband network information and other
  992  information source repositories, necessary to properly inform
  993  call takers as to location address, type of emergency, and other
  994  information directly relevant to the processing of a request for
  995  emergency assistance. Changes, modifications, or upgrades to the
  996  emergency communications systems or services must be made in
  997  cooperation and coordination with the head of each public safety
  998  agency, or their designee, served by the primary PSAP in each
  999  county E911 call-taking and transferring function. Moneys
 1000  derived from the fee may also be used for next-generation E911
 1001  network services, next-generation E911 database services, next
 1002  generation E911 equipment, and wireless E911 routing systems.
 1003         (c) The moneys may not be used to pay for any item not
 1004  listed in this subsection, including, but not limited to, any
 1005  capital or operational costs related to responders dispatched to
 1006  the emergency, and for emergency responses which occur after the
 1007  call transfer to the responding public safety entity and the
 1008  costs for utilities, constructing, leasing, maintaining, or
 1009  renovating buildings, except for those building modifications
 1010  necessary to maintain the security and environmental integrity
 1011  of the PSAP and emergency communications E911 equipment rooms.
 1012         (11) LIABILITY OF COUNTIES.—A county subscribing to 911
 1013  service remains liable to the local exchange carrier for any 911
 1014  service, equipment, operation, or maintenance charge owed by the
 1015  county to the local exchange carrier. As used in this
 1016  subsection, the term “local exchange carrier” means a local
 1017  exchange telecommunications service provider of 911 service or
 1018  equipment to any county within its certificated area.
 1019         (12) INDEMNIFICATION AND LIMITATION OF LIABILITY.—A local
 1020  government may indemnify local exchange carriers against
 1021  liability in accordance with the published schedules of the
 1022  company. Notwithstanding an indemnification agreement, a local
 1023  exchange carrier, voice communications services provider, or
 1024  other service provider that provides 911, or E911, or NG911
 1025  service on a retail or wholesale basis is not liable for damages
 1026  resulting from or in connection with 911, or E911, or NG911
 1027  service, or for identification of the telephone number, or
 1028  address, or name associated with any person accessing 911, or
 1029  E911, or NG911 service, unless the carrier or provider acted
 1030  with malicious purpose or in a manner exhibiting wanton and
 1031  willful disregard of the rights, safety, or property of a person
 1032  when providing such services. A carrier or provider is not
 1033  liable for damages to any person resulting from or in connection
 1034  with the carrier’s or provider’s provision of any lawful
 1035  assistance to any investigative or law enforcement officer of
 1036  the United States, this state, or a political subdivision
 1037  thereof, or of any other state or political subdivision thereof,
 1038  in connection with any lawful investigation or other law
 1039  enforcement activity by such law enforcement officer. For
 1040  purposes of this subsection, the term “911, or E911, or NG911
 1041  service” means a telecommunications service, voice or nonvoice
 1042  communications service, or other wireline or wireless service,
 1043  including, but not limited to, a service using Internet
 1044  protocol, which provides, in whole or in part, any of the
 1045  following functions: providing members of the public with the
 1046  ability to reach an answering point by using the digits 9-1-1;
 1047  directing 911 calls to answering points by selective routing;
 1048  providing for automatic number identification and automatic
 1049  location-identification features; or providing wireless E911
 1050  services as defined in the order.
 1051         (13) FACILITATING EMERGENCY COMMUNICATIONS E911 SERVICE
 1052  IMPLEMENTATION.—To balance the public need for reliable
 1053  emergency communications E911 services through reliable wireless
 1054  systems and the public interest served by governmental zoning
 1055  and land development regulations and notwithstanding any other
 1056  law or local ordinance to the contrary, the following standards
 1057  shall apply to a local government’s actions, as a regulatory
 1058  body, in the regulation of the placement, construction, or
 1059  modification of a wireless communications facility. This
 1060  subsection may shall not, however, be construed to waive or
 1061  alter the provisions of s. 286.011 or s. 286.0115. For the
 1062  purposes of this subsection only, “local government” shall mean
 1063  any municipality or county and any agency of a municipality or
 1064  county only. The term “local government” does not, however,
 1065  include any airport, as defined by s. 330.27(2), even if it is
 1066  owned or controlled by or through a municipality, county, or
 1067  agency of a municipality or county. Further, notwithstanding
 1068  anything in this section to the contrary, this subsection does
 1069  not apply to or control a local government’s actions as a
 1070  property or structure owner in the use of any property or
 1071  structure owned by such entity for the placement, construction,
 1072  or modification of wireless communications facilities. In the
 1073  use of property or structures owned by the local government,
 1074  however, a local government may not use its regulatory authority
 1075  so as to avoid compliance with, or in a manner that does not
 1076  advance, the provisions of this subsection.
 1077         (a) Colocation Collocation among wireless providers is
 1078  encouraged by the state.
 1079         1.a. Colocations Collocations on towers, including
 1080  nonconforming towers, that meet the requirements in sub-sub
 1081  subparagraphs (I), (II), and (III), are subject to only building
 1082  permit review, which may include a review for compliance with
 1083  this subparagraph. Such colocations collocations are not subject
 1084  to any design or placement requirements of the local
 1085  government’s land development regulations in effect at the time
 1086  of the colocation collocation that are more restrictive than
 1087  those in effect at the time of the initial antennae placement
 1088  approval, to any other portion of the land development
 1089  regulations, or to public hearing review. This sub-subparagraph
 1090  may shall not preclude a public hearing for any appeal of the
 1091  decision on the colocation collocation application.
 1092         (I) The colocation collocation does not increase the height
 1093  of the tower to which the antennae are to be attached, measured
 1094  to the highest point of any part of the tower or any existing
 1095  antenna attached to the tower;
 1096         (II) The colocation collocation does not increase the
 1097  ground space area, commonly known as the compound, approved in
 1098  the site plan for equipment enclosures and ancillary facilities;
 1099  and
 1100         (III) The colocation collocation consists of antennae,
 1101  equipment enclosures, and ancillary facilities that are of a
 1102  design and configuration consistent with all applicable
 1103  regulations, restrictions, or conditions, if any, applied to the
 1104  initial antennae placed on the tower and to its accompanying
 1105  equipment enclosures and ancillary facilities and, if
 1106  applicable, applied to the tower supporting the antennae. Such
 1107  regulations may include the design and aesthetic requirements,
 1108  but not procedural requirements, other than those authorized by
 1109  this section, of the local government’s land development
 1110  regulations in effect at the time the initial antennae placement
 1111  was approved.
 1112         b. Except for a historic building, structure, site, object,
 1113  or district, or a tower included in sub-subparagraph a.,
 1114  colocations collocations on all other existing structures that
 1115  meet the requirements in sub-sub-subparagraphs (I)-(IV) shall be
 1116  subject to no more than building permit review, and an
 1117  administrative review for compliance with this subparagraph.
 1118  Such colocations collocations are not subject to any portion of
 1119  the local government’s land development regulations not
 1120  addressed herein, or to public hearing review. This sub
 1121  subparagraph may shall not preclude a public hearing for any
 1122  appeal of the decision on the colocation collocation
 1123  application.
 1124         (I) The colocation collocation does not increase the height
 1125  of the existing structure to which the antennae are to be
 1126  attached, measured to the highest point of any part of the
 1127  structure or any existing antenna attached to the structure;
 1128         (II) The colocation collocation does not increase the
 1129  ground space area, otherwise known as the compound, if any,
 1130  approved in the site plan for equipment enclosures and ancillary
 1131  facilities;
 1132         (III) The colocation collocation consists of antennae,
 1133  equipment enclosures, and ancillary facilities that are of a
 1134  design and configuration consistent with any applicable
 1135  structural or aesthetic design requirements and any requirements
 1136  for location on the structure, but not prohibitions or
 1137  restrictions on the placement of additional colocations
 1138  collocations on the existing structure or procedural
 1139  requirements, other than those authorized by this section, of
 1140  the local government’s land development regulations in effect at
 1141  the time of the colocation collocation application; and
 1142         (IV) The colocation collocation consists of antennae,
 1143  equipment enclosures, and ancillary facilities that are of a
 1144  design and configuration consistent with all applicable
 1145  restrictions or conditions, if any, that do not conflict with
 1146  sub-sub-subparagraph (III) and were applied to the initial
 1147  antennae placed on the structure and to its accompanying
 1148  equipment enclosures and ancillary facilities and, if
 1149  applicable, applied to the structure supporting the antennae.
 1150         c. Regulations, restrictions, conditions, or permits of the
 1151  local government, acting in its regulatory capacity, that limit
 1152  the number of colocations collocations or require review
 1153  processes inconsistent with this subsection does shall not apply
 1154  to colocations collocations addressed in this subparagraph.
 1155         d. If only a portion of the colocation collocation does not
 1156  meet the requirements of this subparagraph, such as an increase
 1157  in the height of the proposed antennae over the existing
 1158  structure height or a proposal to expand the ground space
 1159  approved in the site plan for the equipment enclosure, where all
 1160  other portions of the colocation collocation meet the
 1161  requirements of this subparagraph, that portion of the
 1162  colocation collocation only may be reviewed under the local
 1163  government’s regulations applicable to an initial placement of
 1164  that portion of the facility, including, but not limited to, its
 1165  land development regulations, and within the review timeframes
 1166  of subparagraph (d)2., and the rest of the colocation
 1167  collocation shall be reviewed in accordance with this
 1168  subparagraph. A colocation collocation proposal under this
 1169  subparagraph that increases the ground space area, otherwise
 1170  known as the compound, approved in the original site plan for
 1171  equipment enclosures and ancillary facilities by no more than a
 1172  cumulative amount of 400 square feet or 50 percent of the
 1173  original compound size, whichever is greater, shall, however,
 1174  require no more than administrative review for compliance with
 1175  the local government’s regulations, including, but not limited
 1176  to, land development regulations review, and building permit
 1177  review, with no public hearing review. This sub-subparagraph
 1178  does shall not preclude a public hearing for any appeal of the
 1179  decision on the colocation collocation application.
 1180         2. If a colocation collocation does not meet the
 1181  requirements of subparagraph 1., the local government may review
 1182  the application under the local government’s regulations,
 1183  including, but not limited to, land development regulations,
 1184  applicable to the placement of initial antennae and their
 1185  accompanying equipment enclosure and ancillary facilities.
 1186         3. If a colocation collocation meets the requirements of
 1187  subparagraph 1., the colocation may collocation shall not be
 1188  considered a modification to an existing structure or an
 1189  impermissible modification of a nonconforming structure.
 1190         4. The owner of the existing tower on which the proposed
 1191  antennae are to be colocated collocated shall remain responsible
 1192  for compliance with any applicable condition or requirement of a
 1193  permit or agreement, or any applicable condition or requirement
 1194  of the land development regulations to which the existing tower
 1195  had to comply at the time the tower was permitted, including any
 1196  aesthetic requirements, provided the condition or requirement is
 1197  not inconsistent with this paragraph.
 1198         5. An existing tower, including a nonconforming tower, may
 1199  be structurally modified in order to permit colocation
 1200  collocation or may be replaced through no more than
 1201  administrative review and building permit review, and is not
 1202  subject to public hearing review, if the overall height of the
 1203  tower is not increased and, if a replacement, the replacement
 1204  tower is a monopole tower or, if the existing tower is a
 1205  camouflaged tower, the replacement tower is a like-camouflaged
 1206  tower. This subparagraph may shall not preclude a public hearing
 1207  for any appeal of the decision on the application.
 1208         (b)1. A local government’s land development and
 1209  construction regulations for wireless communications facilities
 1210  and the local government’s review of an application for the
 1211  placement, construction, or modification of a wireless
 1212  communications facility shall only address land development or
 1213  zoning issues. In such local government regulations or review,
 1214  the local government may not require information on or evaluate
 1215  a wireless provider’s business decisions about its service,
 1216  customer demand for its service, or quality of its service to or
 1217  from a particular area or site, unless the wireless provider
 1218  voluntarily offers this information to the local government. In
 1219  such local government regulations or review, a local government
 1220  may not require information on or evaluate the wireless
 1221  provider’s designed service unless the information or materials
 1222  are directly related to an identified land development or zoning
 1223  issue or unless the wireless provider voluntarily offers the
 1224  information. Information or materials directly related to an
 1225  identified land development or zoning issue may include, but are
 1226  not limited to, evidence that no existing structure can
 1227  reasonably be used for the antennae placement instead of the
 1228  construction of a new tower, that residential areas cannot be
 1229  served from outside the residential area, as addressed in
 1230  subparagraph 3., or that the proposed height of a new tower or
 1231  initial antennae placement or a proposed height increase of a
 1232  modified tower, replacement tower, or colocation collocation is
 1233  necessary to provide the provider’s designed service. Nothing in
 1234  this paragraph shall limit the local government from reviewing
 1235  any applicable land development or zoning issue addressed in its
 1236  adopted regulations that does not conflict with this section,
 1237  including, but not limited to, aesthetics, landscaping, land
 1238  use-based use based location priorities, structural design, and
 1239  setbacks.
 1240         2. Any setback or distance separation required of a tower
 1241  may not exceed the minimum distance necessary, as determined by
 1242  the local government, to satisfy the structural safety or
 1243  aesthetic concerns that are to be protected by the setback or
 1244  distance separation.
 1245         3. A local government may exclude the placement of wireless
 1246  communications facilities in a residential area or residential
 1247  zoning district but only in a manner that does not constitute an
 1248  actual or effective prohibition of the provider’s service in
 1249  that residential area or zoning district. If a wireless provider
 1250  demonstrates to the satisfaction of the local government that
 1251  the provider cannot reasonably provide its service to the
 1252  residential area or zone from outside the residential area or
 1253  zone, the municipality or county and provider shall cooperate to
 1254  determine an appropriate location for a wireless communications
 1255  facility of an appropriate design within the residential area or
 1256  zone. The local government may require that the wireless
 1257  provider reimburse the reasonable costs incurred by the local
 1258  government for this cooperative determination. An application
 1259  for such cooperative determination may shall not be considered
 1260  an application under paragraph (d).
 1261         4. A local government may impose a reasonable fee on
 1262  applications to place, construct, or modify a wireless
 1263  communications facility only if a similar fee is imposed on
 1264  applicants seeking other similar types of zoning, land use, or
 1265  building permit review. A local government may impose fees for
 1266  the review of applications for wireless communications
 1267  facilities by consultants or experts who conduct code compliance
 1268  review for the local government but any fee is limited to
 1269  specifically identified reasonable expenses incurred in the
 1270  review. A local government may impose reasonable surety
 1271  requirements to ensure the removal of wireless communications
 1272  facilities that are no longer being used.
 1273         5. A local government may impose design requirements, such
 1274  as requirements for designing towers to support colocation
 1275  collocation or aesthetic requirements, except as otherwise
 1276  limited in this section, but may shall not impose or require
 1277  information on compliance with building code type standards for
 1278  the construction or modification of wireless communications
 1279  facilities beyond those adopted by the local government under
 1280  chapter 553 and that apply to all similar types of construction.
 1281         (c) Local governments may not require wireless providers to
 1282  provide evidence of a wireless communications facility’s
 1283  compliance with federal regulations, except evidence of
 1284  compliance with applicable Federal Aviation Administration
 1285  requirements under 14 C.F.R. part 77, as amended, and evidence
 1286  of proper Federal Communications Commission licensure, or other
 1287  evidence of Federal Communications Commission authorized
 1288  spectrum use, but may request the Federal Communications
 1289  Commission to provide information as to a wireless provider’s
 1290  compliance with federal regulations, as authorized by federal
 1291  law.
 1292         (d)1. A local government shall grant or deny each properly
 1293  completed application for a colocation collocation under
 1294  subparagraph (a)1. based on the application’s compliance with
 1295  the local government’s applicable regulations, as provided for
 1296  in subparagraph (a)1. and consistent with this subsection, and
 1297  within the normal timeframe for a similar building permit review
 1298  but in no case later than 45 business days after the date the
 1299  application is determined to be properly completed in accordance
 1300  with this paragraph.
 1301         2. A local government shall grant or deny each properly
 1302  completed application for any other wireless communications
 1303  facility based on the application’s compliance with the local
 1304  government’s applicable regulations, including but not limited
 1305  to land development regulations, consistent with this subsection
 1306  and within the normal timeframe for a similar type review but in
 1307  no case later than 90 business days after the date the
 1308  application is determined to be properly completed in accordance
 1309  with this paragraph.
 1310         3.a. An application is deemed submitted or resubmitted on
 1311  the date the application is received by the local government. If
 1312  the local government does not notify the applicant in writing
 1313  that the application is not completed in compliance with the
 1314  local government’s regulations within 20 business days after the
 1315  date the application is initially submitted or additional
 1316  information resubmitted, the application is deemed, for
 1317  administrative purposes only, to be properly completed and
 1318  properly submitted. However, the determination may shall not be
 1319  deemed as an approval of the application. If the application is
 1320  not completed in compliance with the local government’s
 1321  regulations, the local government shall so notify the applicant
 1322  in writing and the notification must indicate with specificity
 1323  any deficiencies in the required documents or deficiencies in
 1324  the content of the required documents which, if cured, make the
 1325  application properly completed. Upon resubmission of information
 1326  to cure the stated deficiencies, the local government shall
 1327  notify the applicant, in writing, within the normal timeframes
 1328  of review, but in no case longer than 20 business days after the
 1329  additional information is submitted, of any remaining
 1330  deficiencies that must be cured. Deficiencies in document type
 1331  or content not specified by the local government do not make the
 1332  application incomplete. Notwithstanding this sub-subparagraph,
 1333  if a specified deficiency is not properly cured when the
 1334  applicant resubmits its application to comply with the notice of
 1335  deficiencies, the local government may continue to request the
 1336  information until such time as the specified deficiency is
 1337  cured. The local government may establish reasonable timeframes
 1338  within which the required information to cure the application
 1339  deficiency is to be provided or the application will be
 1340  considered withdrawn or closed.
 1341         b. If the local government fails to grant or deny a
 1342  properly completed application for a wireless communications
 1343  facility within the timeframes set forth in this paragraph, the
 1344  application shall be deemed automatically approved and the
 1345  applicant may proceed with placement of the facilities without
 1346  interference or penalty. The timeframes specified in
 1347  subparagraph 2. may be extended only to the extent that the
 1348  application has not been granted or denied because the local
 1349  government’s procedures generally applicable to all other
 1350  similar types of applications require action by the governing
 1351  body and such action has not taken place within the timeframes
 1352  specified in subparagraph 2. Under such circumstances, the local
 1353  government must act to either grant or deny the application at
 1354  its next regularly scheduled meeting or, otherwise, the
 1355  application is deemed to be automatically approved.
 1356         c. To be effective, a waiver of the timeframes set forth in
 1357  this paragraph must be voluntarily agreed to by the applicant
 1358  and the local government. A local government may request, but
 1359  not require, a waiver of the timeframes by the applicant, except
 1360  that, with respect to a specific application, a one-time waiver
 1361  may be required in the case of a declared local, state, or
 1362  federal emergency that directly affects the administration of
 1363  all permitting activities of the local government.
 1364         (e) The replacement of or modification to a wireless
 1365  communications facility, except a tower, that results in a
 1366  wireless communications facility not readily discernibly
 1367  different in size, type, and appearance when viewed from ground
 1368  level from surrounding properties, and the replacement or
 1369  modification of equipment that is not visible from surrounding
 1370  properties, all as reasonably determined by the local
 1371  government, are subject to no more than applicable building
 1372  permit review.
 1373         (f) Any other law to the contrary notwithstanding, the
 1374  Department of Management Services shall negotiate, in the name
 1375  of the state, leases for wireless communications facilities that
 1376  provide access to state government-owned property not acquired
 1377  for transportation purposes, and the Department of
 1378  Transportation shall negotiate, in the name of the state, leases
 1379  for wireless communications facilities that provide access to
 1380  property acquired for state rights-of-way. On property acquired
 1381  for transportation purposes, leases shall be granted in
 1382  accordance with s. 337.251. On other state government-owned
 1383  property, leases shall be granted on a space available, first
 1384  come, first-served basis. Payments required by state government
 1385  under a lease must be reasonable and must reflect the market
 1386  rate for the use of the state government-owned property. The
 1387  Department of Management Services and the Department of
 1388  Transportation are authorized to adopt rules for the terms and
 1389  conditions and granting of any such leases.
 1390         (g) If any person adversely affected by any action, or
 1391  failure to act, or regulation, or requirement of a local
 1392  government in the review or regulation of the wireless
 1393  communication facilities files an appeal or brings an
 1394  appropriate action in a court or venue of competent
 1395  jurisdiction, following the exhaustion of all administrative
 1396  remedies, the matter shall be considered on an expedited basis.
 1397         (14) MISUSE OF 911, OR E911, OR NG911 SYSTEM; PENALTY.—911,
 1398  and E911, and NG911 service must be used solely for emergency
 1399  communications by the public. Any person who accesses the number
 1400  911 for the purpose of making a false alarm or complaint or
 1401  reporting false information that could result in the emergency
 1402  response of any public safety agency; any person who knowingly
 1403  uses or attempts to use such service for a purpose other than
 1404  obtaining public safety assistance; or any person who knowingly
 1405  uses or attempts to use such service in an effort to avoid any
 1406  charge for service, commits a misdemeanor of the first degree,
 1407  punishable as provided in s. 775.082 or s. 775.083. After being
 1408  convicted of unauthorized use of such service four times, a
 1409  person who continues to engage in such unauthorized use commits
 1410  a felony of the third degree, punishable as provided in s.
 1411  775.082, s. 775.083, or s. 775.084. In addition, if the value of
 1412  the service or the service charge obtained in a manner
 1413  prohibited by this subsection exceeds $100, the person
 1414  committing the offense commits a felony of the third degree,
 1415  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1416         (15) TEXT-TO-911 SERVICE.—Each county shall develop a
 1417  countywide implementation plan addressing text-to-911 services
 1418  and, by January 1, 2022, enact a system to allow text-to-911
 1419  services.
 1420         (16) STATE LAW NOT PREEMPTED.—This section and ss. 365.173
 1421  and 365.174 do not alter any state law that otherwise regulates
 1422  voice communications services providers.
 1423         Section 2. Section 365.173, Florida Statutes, is amended to
 1424  read:
 1425         365.173 Emergency Communications Trust Number E911 System
 1426  Fund.—
 1427         (1) REVENUES.—
 1428         (a) Revenues derived from the fee levied on subscribers
 1429  under s. 365.172(8) must be paid by the board into the State
 1430  Treasury on or before the 15th day of each month. Such moneys
 1431  must be accounted for in a special fund to be designated as the
 1432  Emergency Communications Trust Number E911 System Fund, a fund
 1433  created in the Division of Telecommunications, or other office
 1434  as designated by the Secretary of Management Services.
 1435         (b) Revenues derived from the fee levied on prepaid
 1436  wireless service under s. 365.172(9), less the costs of
 1437  administering collection of the fee, must be transferred by the
 1438  Department of Revenue to the Emergency Communications Trust
 1439  Number E911 System Fund on or before the 25th day of each month
 1440  following the month of receipt.
 1441         (c) For accounting purposes, the Emergency Communications
 1442  Trust Number E911 System Fund must be segregated into three
 1443  separate categories:
 1444         1. The wireless category;
 1445         2. The nonwireless category; and
 1446         3. The prepaid wireless category.
 1447         (d) All moneys must be invested by the Chief Financial
 1448  Officer pursuant to s. 17.61. All moneys in such fund are to be
 1449  expended by the office for the purposes provided in this section
 1450  and s. 365.172. These funds are not subject to s. 215.20.
 1451         (2) DISTRIBUTION AND USE OF FUNDS.—As determined by the
 1452  board pursuant to s. 365.172(8)(f) s. 365.172(8)(g), and subject
 1453  to any modifications approved by the board pursuant to s.
 1454  365.172(6)(a)3. or (8)(g) s. 365.172(6)(a)3. or (8)(h), the
 1455  moneys in the fund shall be distributed and used only as
 1456  follows:
 1457         (a) Ninety-five Seventy-six percent of the moneys in the
 1458  wireless category shall be distributed each month to counties,
 1459  based on the total number of service identifiers in each county,
 1460  to and shall be used exclusively for payment of:
 1461         1. authorized expenditures, as specified in s. 365.172(10).
 1462         2.Costs to comply with the requirements for E911 service
 1463  contained in the order and any future rules related to the
 1464  order.
 1465         (b) Ninety-six percent of the moneys in the nonwireless
 1466  category shall be distributed each month to counties based on
 1467  the total number of service identifiers in each county and shall
 1468  be used exclusively for payment of authorized expenditures, as
 1469  specified in s. 365.172(10).
 1470         (c) Sixty-one percent of the moneys in the prepaid wireless
 1471  category shall be distributed each month to counties based on
 1472  the total amount of fees reported and paid in each county and
 1473  shall be used exclusively for payment of authorized
 1474  expenditures, as specified in s. 365.172(10). The moneys from
 1475  prepaid wireless E911 fees identified as nonspecific in
 1476  accordance with s. 365.172(9) shall be distributed as determined
 1477  by the Emergency Communications E911 Board.
 1478         (d) Any county that receives funds under paragraphs (a),
 1479  (b), and (c) shall establish a fund to be used exclusively for
 1480  the receipt and expenditure of the revenues collected under
 1481  paragraphs (a), (b), and (c). All fees placed in the fund and
 1482  any interest accrued shall be used solely for costs described in
 1483  paragraph (a) subparagraphs (a)1. and 2. and may not be reduced,
 1484  withheld, or allocated for other purposes. The money collected
 1485  and interest earned in this fund shall be appropriated for these
 1486  purposes by the county commissioners and incorporated into the
 1487  annual county budget. The fund shall be included within the
 1488  financial audit performed in accordance with s. 218.39. The
 1489  financial audit shall assure that all emergency communications
 1490  E911 fee revenues, interest, and emergency communications E911
 1491  grant funding are used for payment of authorized expenditures,
 1492  as specified in s. 365.172(10) and as specified in the Emergency
 1493  Communications E911 Board grant and special disbursement
 1494  programs. The board may, in accordance with board rules,
 1495  withhold future distribution of grant funds or request a return
 1496  of all or a portion of funds previously awarded based on
 1497  findings from the financial audit. The county is responsible for
 1498  all expenditures of revenues distributed from the county
 1499  emergency communications E911 fund and shall submit the
 1500  financial audit reports to the board for review. A county may
 1501  carry forward up to 30 percent of the total funds disbursed to
 1502  the county by the board during a county fiscal year for
 1503  expenditures for capital outlay, capital improvements, equipment
 1504  replacement, or implementation of a hosted system if such
 1505  expenditures are made for the purposes specified in paragraph
 1506  (a) subparagraphs (a)1. and 2.; however, the 30-percent
 1507  limitation does not apply to funds disbursed to a county under
 1508  s. 365.172(6)(a)3., and a county may carry forward any
 1509  percentage of the funds, except that any grant provided shall
 1510  continue to be subject to any condition imposed by the board. In
 1511  order to prevent an excess recovery of costs incurred in
 1512  providing emergency communications E911 service, a county that
 1513  receives funds greater than the permissible emergency
 1514  communications E911 costs described in s. 365.172(10), including
 1515  the 30-percent carryforward allowance, must return the excess
 1516  funds to the E911 board to be allocated under s. 365.172(6)(a).
 1517         (e)Twenty percent of the moneys in the wireless category
 1518  shall be distributed to wireless providers in response to sworn
 1519  invoices submitted to the board by wireless providers to
 1520  reimburse such wireless providers for the actual costs incurred
 1521  to provide 911 or E911 service, including the costs of complying
 1522  with the order. Such costs include costs and expenses incurred
 1523  by wireless providers to design, purchase, lease, program,
 1524  install, test, upgrade, operate, and maintain all necessary
 1525  data, hardware, and software required to provide E911 service.
 1526  Each wireless provider shall submit to the board, by August 1 of
 1527  each year, a detailed estimate of the capital and operating
 1528  expenses for which it anticipates that it will seek
 1529  reimbursement under this paragraph during the ensuing state
 1530  fiscal year. In order to be eligible for recovery during any
 1531  ensuing state fiscal year, a wireless provider must submit all
 1532  sworn invoices for allowable purchases made within the previous
 1533  calendar year no later than March 31 of the fiscal year. By
 1534  September 15 of each year, the board shall submit to the
 1535  Legislature its legislative budget request for funds to be
 1536  allocated to wireless providers under this paragraph during the
 1537  ensuing state fiscal year. The budget request shall be based on
 1538  the information submitted by the wireless providers and
 1539  estimated surcharge revenues. Distributions of moneys in the
 1540  fund by the board to wireless providers must be fair and
 1541  nondiscriminatory. If the total amount of moneys requested by
 1542  wireless providers pursuant to invoices submitted to the board
 1543  and approved for payment exceeds the amount in the fund in any
 1544  month, wireless providers that have invoices approved for
 1545  payment shall receive a pro rata share of moneys in the fund and
 1546  the balance of the payments shall be carried over to the
 1547  following month or months until all of the approved payments are
 1548  made. The board may adopt rules necessary to address the manner
 1549  in which pro rata distributions are made when the total amount
 1550  of funds requested by wireless providers pursuant to invoices
 1551  submitted to the board exceeds the total amount of moneys on
 1552  deposit in the fund.
 1553         (e)(f) One percent of the moneys in each category of the
 1554  fund shall be retained by the board to be applied to costs and
 1555  expenses incurred for the purposes of managing, administering,
 1556  and overseeing the receipts and disbursements from the fund and
 1557  other activities as defined in s. 365.172(6). Any funds retained
 1558  for such purposes in a calendar year which are not applied to
 1559  such costs and expenses by March 31 of the following year shall
 1560  be redistributed as determined by the board.
 1561         (f)(g) Three percent of the moneys in each category of the
 1562  fund and an additional 1 percent of the moneys collected in the
 1563  wireless category shall be used to make monthly distributions to
 1564  rural counties for the purpose of providing facilities and
 1565  network and service enhancements and assistance for the
 1566  emergency communications 911 or E911 systems operated by rural
 1567  counties and for the provision of grants by the office to rural
 1568  counties for upgrading and replacing emergency communications
 1569  E911 systems.
 1570         (g)(h) Thirty-five percent of the moneys in the prepaid
 1571  wireless category shall be retained by the board to provide
 1572  state emergency communications E911 grants to be awarded in
 1573  accordance with the following order of priority:
 1574         1. For all large, medium, and rural counties to upgrade or
 1575  replace emergency communications E911 systems.
 1576         2. For all large, medium, and rural counties to develop and
 1577  maintain statewide 911 routing, geographic, and management
 1578  information systems.
 1579         3. For all large, medium, and rural counties to develop and
 1580  maintain next-generation 911 services and equipment.
 1581         (h)(i) If the wireless category has funds remaining in it
 1582  on December 31 after disbursements have been made during the
 1583  calendar year immediately prior to December 31, the board may
 1584  disburse the excess funds in the wireless category in accordance
 1585  with s. 365.172(6)(a)3.b.
 1586         (3) The Legislature recognizes that the fee authorized
 1587  under s. 365.172 may not necessarily provide the total funding
 1588  required for establishing or providing the emergency
 1589  communications E911 service. It is the intent of the Legislature
 1590  that all revenue from the fee be used as specified in subsection
 1591  (2).
 1592         Section 3. Subsection (1) of section 365.177, Florida
 1593  Statutes, is amended to read:
 1594         365.177 Transfer of E911 calls between systems.—
 1595         (1) The office shall develop a plan by December 30, 2023
 1596  February 1, 2020, to upgrade all 911 public safety answering
 1597  points within the state to allow the transfer of an emergency
 1598  call from one local, multijurisdictional, or regional E911
 1599  system to another local, multijurisdictional, or regional E911
 1600  system in the state by December 30, 2033. Such transfer should
 1601  include voice, text message, image, video, caller identification
 1602  information, location information, and additional standards
 1603  based 911 call information. The plan must prioritize the upgrade
 1604  of PSAPs based on the population served by each PSAP, the
 1605  capability of a jurisdiction or region to modernize PSAPs beyond
 1606  legacy 911 infrastructure, and the ability of a jurisdiction or
 1607  region to address interoperability between PSAPs. The plan must
 1608  identify and address the projected costs of providing these
 1609  transfer capabilities and project the ability of each county to
 1610  meet operational costs based on disbursement of funds under s.
 1611  365.173(2)(a), (b), and (c).
 1612         Section 4. Subsection (10) of section 212.05965, Florida
 1613  Statutes, is amended to read:
 1614         212.05965 Taxation of marketplace sales.—
 1615         (10) Notwithstanding any other law, the marketplace
 1616  provider is also responsible for collecting and remitting any
 1617  prepaid wireless public safety emergency communications systems
 1618  E911 fee under s. 365.172, waste tire fee under s. 403.718, and
 1619  lead-acid battery fee under s. 403.7185 at the time of sale for
 1620  taxable retail sales made through its marketplace.
 1621         Section 5. Section 365.171, Florida Statutes, is amended to
 1622  read:
 1623         365.171 Emergency communications number E911 state plan.—
 1624         (1) SHORT TITLE.—This section may be cited as the “Florida
 1625  Emergency Communications Number E911 State Plan Act.”
 1626         (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
 1627  that the communications number “911” be the designated emergency
 1628  communications number. A public safety agency may not advertise
 1629  or otherwise promote the use of any communications number for
 1630  emergency response services other than “911.” It is further the
 1631  intent of the Legislature to implement and continually update a
 1632  cohesive statewide emergency communications number “E911” plan
 1633  for enhanced 911 services which will provide citizens with rapid
 1634  direct access to public safety agencies by accessing “911” with
 1635  the objective of reducing the response time to situations
 1636  requiring law enforcement, fire, medical, rescue, and other
 1637  emergency services.
 1638         (3) DEFINITIONS.—As used in this section, the term:
 1639         (a) “Office” means the Division of Telecommunications
 1640  within the Department of Management Services, as designated by
 1641  the secretary of the department.
 1642         (b) “Local government” means any city, county, or political
 1643  subdivision of the state and its agencies.
 1644         (c) “Public agency” means the state and any city, county,
 1645  city and county, municipal corporation, chartered organization,
 1646  public district, or public authority located in whole or in part
 1647  within this state which provides, or has authority to provide,
 1648  firefighting, law enforcement, ambulance, medical, or other
 1649  emergency services.
 1650         (d) “Public safety agency” means a functional division of a
 1651  public agency which provides firefighting, law enforcement,
 1652  medical, or other emergency services.
 1653         (4) STATE PLAN.—The office shall develop, maintain, and
 1654  implement appropriate modifications for a statewide emergency
 1655  communications E911 system plan. The plan shall provide for:
 1656         (a) The public agency emergency communications requirements
 1657  for each entity of local government in the state.
 1658         (b) A system to meet specific local government
 1659  requirements. Such system shall include law enforcement,
 1660  firefighting, and emergency medical services and may include
 1661  other emergency services such as poison control, suicide
 1662  prevention, and emergency management services.
 1663         (c) Identification of the mutual aid agreements necessary
 1664  to obtain an effective emergency communications E911 system.
 1665         (d) A funding provision that identifies the cost necessary
 1666  to implement the emergency communications E911 system.
 1667  
 1668  The office shall be responsible for the implementation and
 1669  coordination of such plan. The office shall adopt any necessary
 1670  rules and schedules related to public agencies for implementing
 1671  and coordinating the plan, pursuant to chapter 120.
 1672         (5) SYSTEM DIRECTOR.—The secretary of the department or his
 1673  or her designee is designated as the director of the statewide
 1674  emergency communications number E911 system and, for the purpose
 1675  of carrying out the provisions of this section, is authorized to
 1676  coordinate the activities of the system with state, county,
 1677  local, and private agencies. The director in implementing the
 1678  system shall consult, cooperate, and coordinate with local law
 1679  enforcement agencies.
 1680         (6) REGIONAL SYSTEMS.—This section does not prohibit or
 1681  discourage the formation of multijurisdictional or regional
 1682  systems; and any system established pursuant to this section may
 1683  include the jurisdiction, or any portion thereof, of more than
 1684  one public agency. It is the intent of the Legislature that
 1685  emergency communications services E911 service be available
 1686  throughout the state. Expenditure by counties of the E911 fee
 1687  authorized and imposed under s. 365.172 should support this
 1688  intent to the greatest extent feasible within the context of
 1689  local service needs and fiscal capability. This section does not
 1690  prohibit two or more counties from establishing a combined
 1691  emergency E911 communications service by an interlocal agreement
 1692  and using the fees authorized and imposed by s. 365.172 for such
 1693  combined E911 service.
 1694         (7) TELECOMMUNICATIONS INDUSTRY COORDINATION.—The office
 1695  shall coordinate with the Florida Public Service Commission
 1696  which shall encourage the Florida telecommunications industry to
 1697  activate facility modification plans for timely emergency
 1698  communications services E911 implementation.
 1699         (8) COIN TELEPHONES.—The Florida Public Service Commission
 1700  shall establish rules to be followed by the telecommunications
 1701  companies in this state designed toward encouraging the
 1702  provision of coin-free dialing of “911” calls wherever
 1703  economically practicable and in the public interest.
 1704         (9) SYSTEM APPROVAL.—No emergency communications number
 1705  E911 system shall be established and no present system shall be
 1706  expanded without prior approval of the office.
 1707         (10) COMPLIANCE.—All public agencies shall assist the
 1708  office in their efforts to carry out the intent of this section,
 1709  and such agencies shall comply with the developed plan.
 1710         (11) FEDERAL ASSISTANCE.—The secretary of the department or
 1711  his or her designee may apply for and accept federal funding
 1712  assistance in the development and implementation of a statewide
 1713  emergency communications number E911 system.
 1714         (12) CONFIDENTIALITY OF RECORDS.—
 1715         (a) Any record, recording, or information, or portions
 1716  thereof, obtained by a public agency or a public safety agency
 1717  for the purpose of providing services in an emergency and which
 1718  reveals the name, address, telephone number, or personal
 1719  information about, or information which may identify any person
 1720  requesting emergency service or reporting an emergency by
 1721  accessing an emergency communications E911 system is
 1722  confidential and exempt from the provisions of s. 119.07(1) and
 1723  s. 24(a), Art. I of the State Constitution, except that such
 1724  record or information may be disclosed to a public safety
 1725  agency. The exemption applies only to the name, address,
 1726  telephone number or personal information about, or information
 1727  which may identify any person requesting emergency services or
 1728  reporting an emergency while such information is in the custody
 1729  of the public agency or public safety agency providing emergency
 1730  services. A telecommunications company or commercial mobile
 1731  radio service provider is shall not be liable for damages to any
 1732  person resulting from or in connection with such telephone
 1733  company’s or commercial mobile radio service provider’s
 1734  provision of any lawful assistance to any investigative or law
 1735  enforcement officer of the State of Florida or political
 1736  subdivisions thereof, of the United States, or of any other
 1737  state or political subdivision thereof, in connection with any
 1738  lawful investigation or other law enforcement activity by such
 1739  law enforcement officer unless the telecommunications company or
 1740  commercial mobile radio service provider acted in a wanton and
 1741  willful manner.
 1742         (b) Notwithstanding paragraph (a), a 911 public safety
 1743  telecommunicator, as defined in s. 401.465, may contact any
 1744  private person or entity that owns an automated external
 1745  defibrillator who has notified the local emergency medical
 1746  services medical director or public safety answering point of
 1747  such ownership if a confirmed coronary emergency call is taking
 1748  place and the location of the coronary emergency is within a
 1749  reasonable distance from the location of the defibrillator, and
 1750  may provide the location of the coronary emergency to that
 1751  person or entity.
 1752         Section 6. Paragraph (b) of subsection (2) of section
 1753  365.174, Florida Statutes, is amended to read:
 1754         365.174 Proprietary confidential business information.—
 1755         (2)
 1756         (b) The Department of Revenue may provide information
 1757  relative to s. 365.172(9) to the Secretary of Management
 1758  Services, or his or her authorized agent, or to the Emergency
 1759  Communications E911 Board established in s. 365.172(5) for use
 1760  in the conduct of the official business of the Department of
 1761  Management Services or the Emergency Communications E911 Board.
 1762         Section 7. This act shall take effect July 1, 2023.

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