Title: E911 Systems

Summary: Requires Technology Program within DMS to develop plan to upgrade 911 public safety answer points to allow transfer of emergency calls from one E911 system to another one in state.

Full Text:
An act relating to E911 systems; amending s. 365.172, F.S.; revising applicability of definitions; creating s. 365.176, F.S.; requiring the Technology Program within the Department of Management Services to develop a plan to upgrade public safety answer points to allow the transfer of emergency calls from one E911 system to another one in the state; providing duties relating to the development of such plan; providing an appropriation; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (3) of section 365.172, Florida Statutes, is amended to read: 365.172 Emergency communications number "E911."-(3) DEFINITIONS.-Only as used in this section and ss. 365.171, 365.173, and 365.174, and 365.176, the term: (a) "Authorized expenditures" means expenditures of the fee, as specified in subsection (10). (b) "Automatic location identification" means the capability of the E911 service which enables the automatic display of information that defines the approximate geographic location of the wireless telephone, or the location of the CS/HB 1057 2018 address of the wireline telephone, used to place a call. (c) "Automat ic number identification" means the capability of the E911 service which enables the automatic display of the service number used to place a call. (d) "Board" or "E911 Board" means the board of directors of the E911 Board established in subsection (5 ). (e) "Building permit review" means a review for compliance with building construction standards adopted by the local government under chapter and does not include a review for compliance with land development regulations. (f) "Collocation" means the situation when a second or subsequent wireless provider uses an existing structure to locate a second or subsequent antennae. The term includes the ground, platform, or roof installation of equipment enclosures, cabinets, or buildings, and cables, bra ckets, and other equipment associated with the location and operation of the antennae. (g) "Designed service" means the configuration and manner of deployment of service the wireless provider has designed for an area as part of its network. (h) "Enhanc ed 911" or "E911" means an enhanced system or enhanced service that is an emergency telephone system or service that provides a subscriber with service and, in addition, directs calls to appropriate public safety answering points by selecti ve routing based on the geographical CS/HB 1057 2018 location from which the call originated, or as otherwise provided in the state plan under s. 365.171, and that provides for automatic number identification and automatic location identification features. E911 service pr ovided by a wireless provider means E911 as defined in the order. (i) "Existing structure" means a structure that exists at the time an application for permission to place antennae on a structure is filed with a local government. The term includes any structure that can structurally support the attachment of antennae in compliance with applicable codes. (j) "Fee" means the E911 fee authorized and imposed under subsections (8) and (9). (k) "Fund" means the Emergency Communications Number E911 System Fu nd established in s. 365.173 and maintained under this section for the purpose of recovering the costs associated with providing service or E911 service, including the costs of implementing the order. The fund shall be segregated into wireless, prepaid wireless, and nonwireless categories. (l) "Historic building, structure, site, object, or district" means any building, structure, site, object, or district that has been officially designated as a historic building, historic structure, historic site, historic object, or historic district through a federal, state, or local designation program. (m) "Land development regulations" means any ordinance CS/HB 1057 2018 enacted by a local government for the regulation of any aspect of development, including an ordinance gove rning zoning, subdivisions, landscaping, tree protection, or signs, the local government's comprehensive plan, or any other ordinance concerning any aspect of the development of land. The term does not include any building construction standard adopted und er and in compliance with chapter 553. (n) "Local exchange carrier" means a "competitive local exchange telecommunications company" or a "local exchange telecommunications company" as defined in s. 364.02. (o) "Local government" means any municipality, county, or political subdivision or agency of a municipality, county, or political subdivision. (p) "Medium county" means any county that has a population of 75,000 or more but less than 750,000. (q) "Mobile telephone number" or "MTN" means the teleph one number assigned to a wireless telephone at the time of initial activation. (r) "Nonwireless category" means the revenues to the fund received from voice communications services providers other than wireless providers. (s) "Office" means the Technol ogy Program within the Department of Management Services, as designated by the secretary of the department. (t) "Order" means: CS/HB 1057 2018 1. The following orders and rules of the Federal Communications Commission issued in FCC Docket No.-102: a. Order adopte don June 12, 1996, with an effective date of October 1, 1996, the amendments to s. 20.03 and the creation of s. 20.18 of Title of the Code of Federal Regulations adopted by the Federal Communications Commission pursuant to such order. b. Memorandum a nd Order No. FCC-402 adopted on December 23, 1997. c. Order No. FCC DA-2323 adopted on November 13, 1998. d. Order No. FCC-345 adopted December 31, 1998. 2. Orders and rules subsequently adopted by the Federal Communications Commission relat ing to the provision of 113 services, including Order Number FCC-05-116, adopted May 19, 2005. (u) "Prepaid wireless category" means all revenues in the fund received through the Department of Revenue from the fee authorized and imposed under subsection (9). (v) "Prepaid wireless service" means a right to access wireless service that allows a caller to contact and interact with to access the system, which service must be paid for in advance and is sold in predetermined units or dollars, which un its or dollars expire on a predetermined schedule or are decremented on a predetermined basis in exchange for the right to access wireless service. CS/HB 1057 2018 (w) "Public agency" means the state and any municipality, county, municipal corporation, or other governme ntal entity, public district, or public authority located in whole or in part within this state which provides, or has authority to provide, firefighting, law enforcement, ambulance, medical, or other emergency services. (x) "Public safety agency" means a functional division of a public agency which provides firefighting, law enforcement, medical, or other emergency services. (y) "Public safety answering point," "PSAP," or "answering point" means the public safety agency that receives incoming 136 requests for assistance and dispatches appropriate public safety agencies to respond to the requests in accordance with the state E911 plan. (z) "Rural county" means any county that has a population of fewer than 75,000. (aa) "Service identifier" means the service number, access line, or other unique identifier assigned to a subscriber and established by the Federal Communications Commission for purposes of routing calls whereby the subscriber has access to the E911 system. (bb) "Tower" means any structur edesigned primarily to support a wireless provider's antennae. (cc) "Voice communications services" means two-way voice service, through the use of any technology, which actually CS/HB 1057 2018 provides access to E911 services, and includes communications services, as defined in s. 202.11, which actually provide access to E911 services and which are required to be included in the provision of E911 services pursuant to orders and rules adopted by the Federal Communications Commission. The term includes voice-over-Internet-protocol service. For the purposes of this section, the term "voice-over-Internet-protocol service" or "VoIP service" means interconnected VoIP services having the following characteristics: 1. The service enables real-time, two-way voice communicatio ns; 2. The service requires a broadband connection from the user's locations; 3. The service requires IP-compatible customer premises equipment; and 4. The service offering allows users generally to receive calls that originate on the public switched telephone network and to terminate calls on the public switched telephone network. (dd) "Voice communications services provider" or "provider" means any person or entity providing voice communications services, except that the term does not include any person or entity that resells voice communications services and was assessed the fee authorized and imposed under subsection (8) by its resale supplier. (ee) "Wireless system" or "wireless service" means CS/HB 1057 2018 an emergency telephone system or service that provides a subscriber with the ability to reach an answering point by accessing the digits 911. (ff) "Wireless category" means the revenues to the fund received from a wireless provider from the fee authorized and imposed under subsection (8). (gg) "Wireless communications facility" means any equipment or facility used to provide service and may include, but is not limited to, antennae, towers, equipment enclosures, cabling, antenna brackets, and other such equipment. Placing a wireless communicatio ns facility on an existing structure does not cause the existing structure to become a wireless communications facility. (hh) "Wireless provider" means a person who provides wireless service and: 1. Is subject to the requirements of the order; or 2. Elects to provide wireless service or E911 service in this state. (ii) "Wireless service" means "commercial mobile radio service" as provided under ss. 3(27) and 332(d) of the Federal Telecommunications Act of 1996, U.S.C. ss. et seq., and the Omnibus Budget Reconciliation Act of 1993, Pub. L. No.-66, August 10, 1993, Stat. 312. The term includes service provided by any wireless real-time two-way wire communication device, including radio-telephone communications used in CS/HB 1057 2018 cellular teleph one service; personal communications service; or the functional or competitive equivalent of a radio-telephone communications line used in cellular telephone service, a personal communications service, or a network radio access line. The term does not incl ude wireless providers that offer mainly dispatch service in a more localized, noncellular configuration; providers offering only data, one-way, or stored-voice services on an interconnected basis; providers of air-to-ground services; or public coast stati ons. Section 2. Section 365.176, Florida Statutes, is created to read: 365.176 Transfer of E911 calls between systems.-(1) The office shall develop a plan by February 1, 2019, to upgrade public safety answering points within the state to allow the transfer of an emergency call from one local, multijurisdictional, or regional E911 system to another local, multijurisdictional, or regional E911 system in the state. Such transfer should include, but not be limited to, voice, text message, image, video, caller identification information, location information, and additional standards-based call information. (2) In developing the plan, the office shall: (a) Coordinate with public agencies to identify and resolve any technological or logistica lissues pertaining to this section. CS/HB 1057 2018 (b) Identify or establish a system or clearinghouse for maintaining contact information for all E911 systems in the state. (c) For both a regionally phased and statewide approach, establish a date, considering any technological, logistical, financial, or other identified issues, by when all E911 systems in the state must be able to transfer emergency calls pursuant to subsection (1). Section 3. For the 2018-2019 fiscal year, the sum of $200,000 in nonrecurring fu nds is appropriated from the Emergency Communications Number E911 System Trust Fund to the Department of Management Services to implement this act. Section 4. This act shall take effect July 1, 2018.