Florida Senate Bill S1418 Introduced / Bill

 Florida Senate - 2023 SB 1418  By Senator Bradley 6-01245C-23 20231418__ 1 A bill to be entitled 2 An act relating to emergency communications; amending 3 s. 365.172, F.S.; revising a short title; revising 4 legislative intent; revising and defining terms; 5 renaming the E911 Board as the Emergency 6 Communications Board; providing the purpose of the 7 board; revising the composition of the board; 8 establishing board responsibilities; requiring the 9 board to administer fees; authorizing the board to 10 create subcommittees; authorizing the board to 11 establish schedules for implementing certain wireless 12 systems and improvements; establishing notice and 13 publication requirements before distribution of 14 revenues; providing for priority of county 15 applications for funds; requiring board oversight of 16 such funds; eliminating certain authority of the 17 board; providing for the boards authority to 18 implement changes to the allocation percentages or to 19 adjust the fee; revising the frequency of board 20 meetings and the business to be conducted at such 21 meetings; revising the composition of a committee that 22 reviews requests for proposals from the board 23 regarding independent accounting firm selection; 24 revising provisions relating to the public safety 25 emergency communications systems fee; requiring 26 uniform application and imposition of the fee; 27 revising the factors that the board considers when 28 setting percentages or contemplating adjustments to 29 the fee; updating provisions relating to the prepaid 30 wireless public safety emergency communications 31 systems fee; revising emergency communications and 911 32 service functions; revising the types of emergency 33 communications equipment and services that are 34 eligible for expenditure of moneys derived from the 35 fee; amending s. 365.173, F.S.; renaming the 36 Communications Number E911 System Fund as the 37 Emergency Communications Fund; revising the percent 38 distribution of the fund; deleting the percent 39 distribution of wireless providers; adding a specified 40 percent distribution to rural counties; amending s. 41 365.177, F.S.; extending the date by which the 42 Division of Telecommunications within the Department 43 of Management Services is required to develop a plan 44 to upgrade 911 public safety answering points; 45 amending ss. 212.05965, 365.171, and 365.174, F.S.; 46 conforming provisions to changes made by the act; 47 providing an effective date. 48 49 Be It Enacted by the Legislature of the State of Florida: 50 51 Section 1.Section 365.172, Florida Statutes, is amended to 52 read: 53 365.172Emergency communications. number E911. 54 (1)SHORT TITLE.This section may be cited as the 55 Emergency Communications Number E911 Act. 56 (2)LEGISLATIVE INTENT.It is the intent of the Legislature 57 to: 58 (a)Establish and implement a comprehensive statewide 59 emergency communications and response capability using modern 60 technologies and methods. telecommunications number system that 61 will provide users of voice communications services within the 62 state rapid direct access to public safety agencies by accessing 63 the telephone number 911. 64 (b)Provide funds to counties and state agencies that 65 operate 911 centers to pay certain costs associated with their 66 public safety emergency response capabilities and costs incurred 67 to purchase, upgrade, and maintain 911 systems, computer-aided 68 dispatch, and systems to create interoperable radio 69 communications systems E911 or 911 systems, to contract for E911 70 services, and to reimburse wireless telephone service providers 71 for costs incurred to provide 911 or E911 services. 72 (c)Levy a reasonable fee on users of voice communications 73 services, unless otherwise provided in this section, to 74 accomplish these purposes. 75 (d)Provide for an Emergency Communications Board E911 76 board to administer the fee, with oversight by the office, in a 77 manner that is competitively and technologically neutral as to 78 all voice communications services providers. 79 (e)Ensure that the fee established for emergency 80 communications systems is used exclusively for recovery by 81 wireless providers and by counties and state agencies that 82 operate 911 centers for costs associated with developing and 83 maintaining emergency communications E911 systems and networks 84 in a manner that is competitively and technologically neutral as 85 to all voice communications services providers. 86 87 It is further the intent of the Legislature that the fee 88 authorized or imposed by this section not necessarily provide 89 the total funding required for establishing or providing 90 emergency communications systems and services E911 service. 91 (3)DEFINITIONS.Only as used in this section and ss. 92 365.171, 365.173, 365.174, and 365.177, the term: 93 (a)Authorized expenditures means expenditures of the 94 fee, as specified in subsection (10). 95 (b)Automatic location identification means the 96 capability of the E911 service which enables the automatic 97 display of information that defines the approximate geographic 98 location of the wireless telephone, or the location of the 99 address of the wireline telephone, used to place a 911 call. 100 (c)Automatic number identification means the capability 101 of the E911 service which enables the automatic display of the 102 service number used to place a 911 call. 103 (d)Board or Emergency Communications Board E911 104 Board means the board of directors of the E911 Board 105 established in subsection (5). 106 (e)Building permit review means a review for compliance 107 with building construction standards adopted by the local 108 government under chapter 553 and does not include a review for 109 compliance with land development regulations. 110 (f)Colocation Collocation means the situation when a 111 second or subsequent wireless provider uses an existing 112 structure to locate a second or subsequent antennae. The term 113 includes the ground, platform, or roof installation of equipment 114 enclosures, cabinets, or buildings, and cables, brackets, and 115 other equipment associated with the location and operation of 116 the antennae. 117 (g)Computer-aided dispatch or CAD means a computerized 118 system for entering, tracking, dispatching, and resolving 119 requests for public safety services. 120 (h)(g)Designed service means the configuration and 121 manner of deployment of service the wireless provider has 122 designed for an area as part of its network. 123 (i)(h)Enhanced 911 or E911 means an enhanced 911 124 system or enhanced 911 service that is an emergency telephone 125 system or service that provides a subscriber with 911 service 126 and, in addition, directs 911 calls to appropriate public safety 127 answering points by selective routing based on the geographical 128 location from which the call originated, or as otherwise 129 provided in the state plan under s. 365.171, and that provides 130 for automatic number identification and automatic location 131 identification features. A 911 E911 service provided by a 132 wireless provider means E911 as defined in the order. 133 (j)(i)Existing structure means a structure that exists 134 at the time an application for permission to place antennae on a 135 structure is filed with a local government. The term includes 136 any structure that can structurally support the attachment of 137 antennae in compliance with applicable codes. 138 (k)(j)Fee or public safety emergency communications 139 systems fee means the E911 fee authorized and imposed under 140 subsections (8) and (9). 141 (l)(k)Fund means the Emergency Communications Number 142 E911 System Fund established in s. 365.173 and maintained under 143 this section for the purpose of recovering the costs associated 144 with providing emergency communications 911 service or E911 145 service, including the costs of implementing the order. The fund 146 shall be segregated into wireless, prepaid wireless, and 147 nonwireless categories. 148 (m)(l)Historic building, structure, site, object, or 149 district means any building, structure, site, object, or 150 district that has been officially designated as a historic 151 building, historic structure, historic site, historic object, or 152 historic district through a federal, state, or local designation 153 program. 154 (n)(m)Land development regulations means any ordinance 155 enacted by a local government for the regulation of any aspect 156 of development, including an ordinance governing zoning, 157 subdivisions, landscaping, tree protection, or signs, the local 158 governments comprehensive plan, or any other ordinance 159 concerning any aspect of the development of land. The term does 160 not include any building construction standard adopted under and 161 in compliance with chapter 553. 162 (o)(n)Local exchange carrier means a competitive local 163 exchange telecommunications company or a local exchange 164 telecommunications company as defined in s. 364.02. 165 (p)(o)Local government means any municipality, county, 166 or political subdivision or agency of a municipality, county, or 167 political subdivision. 168 (q)(p)Medium county means any county that has a 169 population of 75,000 or more but less than 750,000. 170 (r)(q)Mobile telephone number or MTN means the 171 telephone number assigned to a wireless telephone at the time of 172 initial activation. 173 (s)Next Generation 911 or NG911 means an Internet 174 protocol(IP)-based system comprised of managed emergency 175 services IP networks (ESInets), functional elements such as 176 applications, and databases that replicate traditional E911 177 features and functions and provides additional capabilities. The 178 NG911 system is designed to provide access to emergency services 179 from all connected communications sources and provide multimedia 180 data capabilities for public safety answering points (PSAPs) and 181 other emergency service organizations. 182 (t)(r)Nonwireless category means the revenues to the 183 fund received from voice communications services providers other 184 than wireless providers. 185 (u)(s)Office means the Division of Telecommunications 186 within the Department of Management Services, as designated by 187 the secretary of the department. 188 (v)(t)Order means: 189 1.The following orders and rules of the Federal 190 Communications Commission issued in FCC Docket No. 94-102: 191 a.Order adopted on June 12, 1996, with an effective date 192 of October 1, 1996, the amendments to s. 20.03 and the creation 193 of s. 20.18 of Title 47 of the Code of Federal Regulations 194 adopted by the Federal Communications Commission pursuant to 195 such order. 196 b.Memorandum and Order No. FCC 97-402 adopted on December 197 23, 1997. 198 c.Order No. FCC DA 98-2323 adopted on November 13, 1998. 199 d.Order No. FCC 98-345 adopted December 31, 1998. 200 2.Orders and rules subsequently adopted by the Federal 201 Communications Commission relating to the provision of 911 202 services, including Order Number FCC-05-116, adopted May 19, 203 2005. 204 (w)(u)Prepaid wireless category means all revenues in 205 the fund received through the Department of Revenue from the fee 206 authorized and imposed under subsection (9). 207 (x)(v)Prepaid wireless service means a right to access 208 wireless service that allows a caller to contact and interact 209 with 911 to access the 911 system, which service must be paid 210 for in advance and is sold in predetermined units or dollars, 211 which units or dollars expire on a predetermined schedule or are 212 decremented on a predetermined basis in exchange for the right 213 to access wireless service. 214 (y)(w)Public agency means the state and any 215 municipality, county, municipal corporation, or other 216 governmental entity, public district, or public authority 217 located in whole or in part within this state which provides, or 218 has authority to provide, firefighting, law enforcement, 219 ambulance, medical, or other emergency services. 220 (z)(x)Public safety agency means a functional division 221 of a public agency which provides firefighting, law enforcement, 222 medical, or other emergency services. 223 (aa)(y)Public safety answering point, PSAP, or 224 answering point means the public safety agency that receives 225 incoming 911 requests for assistance and dispatches appropriate 226 public safety agencies to respond to the requests in accordance 227 with the state E911 plan. 228 (bb)(z)Rural county means any county that has a 229 population of fewer than 75,000. 230 (cc)(aa)Service identifier means the service number, 231 access line, or other unique identifier assigned to a subscriber 232 and established by the Federal Communications Commission for 233 purposes of routing calls whereby the subscriber has access to 234 the E911 system. 235 (dd)(bb)Tower means any structure designed primarily to 236 support a wireless providers antennae. 237 (ee)(cc)Voice communications services means two-way 238 voice service, through the use of any technology, which actually 239 provides access to 911 E911 services, and includes 240 communications services, as defined in s. 202.11, which actually 241 provide access to 911 E911 services and which are required to be 242 included in the provision of 911 E911 services pursuant to 243 orders and rules adopted by the Federal Communications 244 Commission. The term includes voice-over-Internet-protocol 245 service. For the purposes of this section, the term voice-over 246 Internet-protocol service or VoIP service means 247 interconnected VoIP services having the following 248 characteristics: 249 1.The service enables real-time, two-way voice 250 communications; 251 2.The service requires a broadband connection from the 252 users locations; 253 3.The service requires IP-compatible customer premises 254 equipment; and 255 4.The service offering allows users generally to receive 256 calls that originate on the public switched telephone network 257 and to terminate calls on the public switched telephone network. 258 (ff)(dd)Voice communications services provider or 259 provider means any person or entity providing voice 260 communications services, except that the term does not include 261 any person or entity that resells voice communications services 262 and was assessed the fee authorized and imposed under subsection 263 (8) by its resale supplier. 264 (gg)(ee)Wireless 911 system or wireless 911 service 265 means an emergency telephone system or service that provides a 266 subscriber with the ability to reach an answering point by 267 accessing the digits 911. 268 (hh)(ff)Wireless category means the revenues to the fund 269 received from a wireless provider from the fee authorized and 270 imposed under subsection (8). 271 (ii)(gg)Wireless communications facility means any 272 equipment or facility used to provide service and may include, 273 but is not limited to, antennae, towers, equipment enclosures, 274 cabling, antenna brackets, and other such equipment. Placing a 275 wireless communications facility on an existing structure does 276 not cause the existing structure to become a wireless 277 communications facility. 278 (jj)(hh)Wireless provider means a person who provides 279 wireless service and: 280 1.Is subject to the requirements of the order; or 281 2.Elects to provide wireless 911 service, or E911 service, 282 or NG911 service in this state. 283 (kk)(ii)Wireless service means commercial mobile radio 284 service as provided under ss. 3(27) and 332(d) of the Federal 285 Telecommunications Act of 1996, 47 U.S.C. ss. 151 et seq., and 286 the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103 287 66, August 10, 1993, 107 Stat. 312. The term includes service 288 provided by any wireless real-time two-way wire communication 289 device, including radio-telephone communications used in 290 cellular telephone service; personal communications service; or 291 the functional or competitive equivalent of a radio-telephone 292 communications line used in cellular telephone service, a 293 personal communications service, or a network radio access line. 294 The term does not include wireless providers that offer mainly 295 dispatch service in a more localized, noncellular configuration; 296 providers offering only data, one-way, or stored-voice services 297 on an interconnected basis; providers of air-to-ground services; 298 or public coast stations. 299 (4)POWERS AND DUTIES OF THE OFFICE.The office shall 300 oversee the administration of the fee authorized and imposed 301 under subsections (8) and (9). 302 (5)THE EMERGENCY COMMUNICATIONS E911 BOARD. 303 (a)The Emergency Communications E911 Board is established 304 to administer, with oversight by the office, to: 305 1.Administer governance for how emergency infrastructure 306 and information, such as voice, text, data, and images, are 307 handled from receipt at a PSAP and routing to first responders; 308 2.Establish a financial model for the state and local 309 governments to use existing revenue sources to invest in public 310 safety communication and technology for first responders; and 311 3.Administer a financially sustainable model dedicated to 312 public safety communications and technology which will benefit 313 the state and local governments and all state residents and 314 visitors. 315 (b)Public safety funding under paragraph (a) must focus 316 on, but not be limited to: 317 1.Next Generation 911. 318 2.Emergency services IP network (ESInet). 319 3.Computer-aided dispatch (CAD). 320 4.Interfaces, including: 321 a.Land mobile radio (LMR); 322 b.Smart city technology data; and 323 c.In-building coverage. 324 5.Public safety broadband networks. 325 6.Cybersecurity. 326 , with oversight by the office, the fee imposed under 327 subsections (8) and (9), including receiving revenues derived 328 from the fee; distributing portions of the revenues to wireless 329 providers, counties, and the office; accounting for receipts, 330 distributions, and income derived by the funds maintained in the 331 fund; and providing annual reports to the Governor and the 332 Legislature for submission by the office on amounts collected 333 and expended, the purposes for which expenditures have been 334 made, and the status of E911 service in this state. In order to 335 advise and assist the office in implementing the purposes of 336 this section, the board, which has the power of a body 337 corporate, has the powers enumerated in subsection (6). 338 (c)(b)The board shall consist of nine 11 members, one of 339 whom must be the system director designated under s. 365.171(5), 340 or his or her designee, who shall serve as the chair of the 341 board. The remaining eight 10 members of the board shall be 342 appointed by the Governor. All members shall be Florida 343 residents. Consideration shall be given to members from rural, 344 medium, and large counties and from a broad range of fields, 345 including, but not limited to, members who have experience in 346 law enforcement, fire response, emergency medical services, 911 347 coordination, public safety dispatch, and telecommunications and 348 must be composed of 5 county 911 coordinators, consisting of a 349 representative from a rural county, a representative from a 350 medium county, a representative from a large county, and 2 at 351 large representatives recommended by the Florida Association of 352 Counties in consultation with the county 911 coordinators; 3 353 local exchange carrier member representatives, one of whom must 354 be a representative of the local exchange carrier having the 355 greatest number of access lines in the state and one of whom 356 must be a representative of a certificated competitive local 357 exchange telecommunications company; and 2 member 358 representatives from the wireless telecommunications industry, 359 with consideration given to wireless providers that are not 360 affiliated with local exchange carriers. Not more than one 361 member may be appointed to represent any single provider on the 362 board. 363 (d)(c)The system director, designated under s. 365.171(5), 364 or his or her designee, must be a permanent member of the board. 365 Each of the remaining eight 10 members of the board shall be 366 appointed to a 4-year term and may not be appointed to more than 367 two successive terms. However, for the purpose of staggering 368 terms, three two of the original board members shall be 369 appointed to terms of 4 years, three two shall be appointed to 370 terms of 3 years, and two four shall be appointed to terms of 2 371 years, as designated by the Governor. A vacancy on the board 372 shall be filled in the same manner as the original appointment. 373 (e)The board shall be responsible for ensuring 374 interoperability of and connectivity between public safety 375 communication systems within this state, including, but not 376 limited to, the following: 377 1.Call routing accuracy and timeliness of response. 378 2.Improved interagency communication and situational 379 awareness. 380 3.Improved interagency system connectivity. 381 4.Improved response times. 382 5.Maximized use of emerging technologies. 383 6.Improved lifecycle management of the systems, equipment, 384 and services that enable responders and public safety officials 385 to share information securely. 386 7.Developed governance, policy, and procedure across 387 public safety agencies. 388 8.Established resilient and secure emergency 389 communications systems to reduce cybersecurity threats and 390 vulnerabilities. 391 (f)The board shall administer the fee imposed under 392 subsections (8) and (9), including receiving revenues derived 393 from the fee; distributing portions of the revenues to counties, 394 state agencies that operate 911 centers, and the office; 395 accounting for receipts, distributions, and income derived by 396 the funds maintained in the fund; and providing annual reports 397 for review and submission to the Governor and the Legislature on 398 amounts collected and expended, the purposes for which 399 expenditures have been made, and the status of emergency 400 communications services in this state. 401 (g)The board may create subcommittees to advise the board, 402 as needed. 403 (6)AUTHORITY OF THE BOARD; ANNUAL REPORT. 404 (a)The board shall: 405 1.Administer the public safety emergency communications 406 systems E911 fee. 407 2.Implement, maintain, and oversee the fund. 408 3.Review and oversee the disbursement of the revenues 409 deposited into the fund as provided in s. 365.173. 410 a.The board may establish a schedule for implementing 411 wireless NG911 systems, public safety radio communications 412 systems, and other public safety communications improvements 413 E911 service by service area, and prioritize disbursements of 414 revenues from the fund to providers and rural counties as 415 provided in s. 365.173(2)(f) s. 365.173(2)(e) and (g) pursuant 416 to the schedule, in order to implement 911 E911 services in the 417 most efficient and cost-effective manner. 418 b.The board shall provide 90 days written notice to all 419 counties and state agencies that operate 911 centers and publish 420 electronically an approved application process. Applications 421 shall be prioritized based on the availability of funds, current 422 system life expectancy, and system replacement needs. The board 423 shall take all actions within its authority to ensure that 424 county recipients of such funds use these funds only for the 425 purpose under which they have been provided and may take any 426 actions within its authority to secure county repayment of 427 revenues upon a determination that the funds were not used for 428 the purpose for which the funds were dispersed. 429 b. Revenues in the fund which have not been disbursed 430 because sworn invoices as required by s. 365.173(2)(e) have not 431 been submitted to the board may be used by the board as needed 432 to provide grants to counties for the purpose of upgrading E911 433 systems. The counties must use the funds only for capital 434 expenditures or remotely provided hosted 911 answering point 435 call-taking equipment and network services directly attributable 436 to establishing and provisioning E911 services, which may 437 include next-generation deployment. Prior to the distribution of 438 grants, the board shall provide 90 days written notice to all 439 counties and publish electronically an approved application 440 process. County grant applications shall be prioritized based on 441 the availability of funds, current system life expectancy, 442 system replacement needs, and Phase II compliance per the 443 Federal Communications Commission. No grants will be available 444 to any county for next-generation deployment until all counties 445 are Phase II complete. The board shall take all actions within 446 its authority to ensure that county recipients of such grants 447 use these funds only for the purpose under which they have been 448 provided and may take any actions within its authority to secure 449 county repayment of grant revenues upon determination that the 450 funds were not used for the purpose under which they were 451 provided. 452 c.When determining the funding provided in a state 911 453 grant application request, the board shall take into account 454 information on the amount of carryforward funds retained by the 455 counties. The information will be based on the amount of county 456 carryforward funds reported in the financial audit required in 457 s. 365.173(2)(d). E911 State Grant Program funding requests will 458 be limited by any county carryforward funds in excess of the 459 allowable 30 percent amount of fee revenue calculated on a 2 460 year basis. 461 d.The board shall reimburse all costs of a wireless 462 provider in accordance with s. 365.173(2)(e) before taking any 463 action to transfer additional funds. 464 e.After taking the action required in sub-subparagraphs 465 a.-d., the board may review and, with all members participating 466 in the vote, adjust the percentage allocations or adjust the 467 amount of the fee as provided under paragraph (8)(g), and, if 468 the board determines that the revenues in the wireless category 469 exceed the amount needed to reimburse wireless providers for the 470 cost to implement E911 services, the board may transfer revenue 471 to the counties from the existing funds within the wireless 472 category. The board shall disburse the funds equitably to all 473 counties using a timeframe and distribution methodology 474 established by the board. 475 4.Review documentation submitted by wireless providers 476 which reflects current and projected funds derived from the fee, 477 and the expenses incurred and expected to be incurred in order 478 to comply with the E911 service requirements contained in the 479 order for the purposes of: 480 a.Ensuring that wireless providers receive fair and 481 equitable distributions of funds from the fund. 482 b.Ensuring that wireless providers are not provided 483 disbursements from the fund which exceed the costs of providing 484 E911 service, including the costs of complying with the order. 485 c.Ascertaining the projected costs of compliance with the 486 requirements of the order and projected collections of the fee. 487 d.Implementing changes to the allocation percentages or 488 adjusting the fee under paragraph (8)(h). 489 5.Implement changes to the allocation percentages or 490 adjust the fee pursuant to s. 365.173. 491 6.5.Meet quarterly monthly in the most efficient and cost 492 effective manner, including telephonically when practical, for 493 the business to be conducted, to review and authorize the 494 schedule of fee allocation transfer and distribution to the 495 counties and state agencies that operate 911 centers approve or 496 reject, in whole or in part, applications submitted by wireless 497 providers for recovery of moneys deposited into the wireless 498 category, and to authorize the transfer of, and distribute, the 499 fee allocation to the counties. 500 7.6.Hire and retain employees, which may include an 501 independent executive director who shall possess experience in 502 the area of telecommunications and emergency 911 issues, for the 503 purposes of performing the technical and administrative 504 functions for the board. 505 8.7.Make and enter into contracts, pursuant to chapter 506 287, and execute other instruments necessary or convenient for 507 the exercise of the powers and functions of the board. 508 9.8.Sue and be sued, and appear and defend in all actions 509 and proceedings, in its corporate name to the same extent as a 510 natural person. 511 10.9.Adopt, use, and alter a common corporate seal. 512 11.10.Elect or appoint the officers and agents that are 513 required by the affairs of the board. 514 12.11.The board may adopt rules under ss. 120.536(1) and 515 120.54 to implement this section and ss. 365.173 and 365.174. 516 13.12.Provide coordination, support, and technical 517 assistance to counties to promote the deployment of advanced 518 public safety emergency communications 911 and E911 systems in 519 the state. 520 14.13.Provide coordination and support for educational 521 opportunities related to 911 E911 issues for the public safety 522 emergency communications E911 community in this state. 523 15.14.Act as an advocate for issues related to public 524 safety emergency communications E911 system functions, features, 525 and operations to improve the delivery of public safety 526 emergency communications E911 services to the residents of and 527 visitors to this state. 528 16.15.Coordinate input from this state at national forums 529 and associations, to ensure that policies related to public 530 safety emergency communications E911 systems and services are 531 consistent with the policies of the public safety emergency 532 communications E911 community in this state. 533 17.16.Work cooperatively with the system director 534 established in s. 365.171(5) to enhance the state of public 535 safety emergency communications E911 services in this state and 536 to provide unified leadership for all public safety emergency 537 communications E911 issues through planning and coordination. 538 18.17.Do all acts and things necessary or convenient to 539 carry out the powers granted in this section in a manner that is 540 competitively and technologically neutral as to all voice 541 communications services providers, including, but not limited 542 to, consideration of emerging technology and related cost 543 savings, while taking into account embedded costs in current 544 systems. 545 19.18.Have the authority to secure the services of an 546 independent, private attorney via invitation to bid, request for 547 proposals, invitation to negotiate, or professional contracts 548 for legal services already established at the Division of 549 Purchasing of the Department of Management Services. 550 (b)Board members shall serve without compensation; 551 however, members are entitled to per diem and travel expenses as 552 provided in s. 112.061. 553 (c)By February 28 of each year, the board shall prepare a 554 report for submission by the office to the Governor, the 555 President of the Senate, and the Speaker of the House of 556 Representatives which addresses for the immediately preceding 557 state fiscal year and county fiscal year: 558 1.The annual receipts, including the total amount of fee 559 revenues collected by each provider, the total disbursements of 560 money in the fund, including the amount of fund-reimbursed 561 expenses incurred by each wireless provider to comply with the 562 order, and the amount of moneys on deposit in the fund. 563 2.Whether the amount of the fee and the allocation 564 percentages set forth in s. 365.173 have been or should be 565 adjusted to comply with the requirements of the order or other 566 provisions of this chapter, and the reasons for making or not 567 making a recommended adjustment to the fee. 568 3.Any other issues related to providing emergency 569 communications E911 services. 570 4.The status of public safety emergency communications 571 E911 services in this state. 572 (7)REQUEST FOR PROPOSALS FOR INDEPENDENT ACCOUNTING FIRM. 573 (a)The board shall issue a request for proposals as 574 provided in chapter 287 for the purpose of retaining an 575 independent accounting firm. The independent accounting firm 576 shall perform all material administrative and accounting tasks 577 and functions required for administering the fee. The request 578 for proposals must include, but need not be limited to: 579 1.A description of the scope and general requirements of 580 the services requested. 581 2.A description of the specific accounting and reporting 582 services required for administering the fund, including 583 processing checks and distributing funds as directed by the 584 board under s. 365.173. 585 3.A description of information to be provided by the 586 proposer, including the proposers background and qualifications 587 and the proposed cost of the services to be provided. 588 (b)The board shall establish a committee to review 589 requests for proposals which must include the statewide 590 emergency communications systems E911 system director designated 591 under s. 365.171(5), or his or her designee, and two members of 592 the board, one of whom is a county 911 coordinator and one of 593 whom represents a voice communications services provider. The 594 review committee shall review the proposals received by the 595 board and recommend an independent accounting firm to the board 596 for final selection. By agreeing to serve on the review 597 committee, each member of the review committee shall verify that 598 he or she does not have any interest or employment, directly or 599 indirectly, with potential proposers which conflicts in any 600 manner or degree with his or her performance on the committee. 601 (c)The board may secure the services of an independent 602 accounting firm via invitation to bid, request for proposals, 603 invitation to negotiate, or professional contracts already 604 established at the Division of Purchasing, Department of 605 Management Services, for certified public accounting firms, or 606 the board may hire and retain professional accounting staff to 607 accomplish these functions. 608 (8)PUBLIC SAFETY EMERGENCY COMMUNICATIONS SYSTEMS E911 609 FEE. 610 (a)Each voice communications services provider shall 611 collect the fee described in this subsection, except that the 612 fee for prepaid wireless service shall be collected in the 613 manner set forth in subsection (9). Each provider, as part of 614 its monthly billing process, shall bill the fee as follows. The 615 fee shall not be assessed on any pay telephone in the state. 616 1.Each voice communications service provider other than a 617 wireless provider shall bill the fee to a subscriber based on 618 the number of access lines having access to the 911 E911 system, 619 on a service-identifier basis, up to a maximum of 25 access 620 lines per account bill rendered. 621 2.Each voice communications service provider other than a 622 wireless provider shall bill the fee to a subscriber on a basis 623 of five service-identified access lines for each digital 624 transmission link, including primary rate interface service or 625 equivalent Digital-Signal-1-level service, which can be 626 channelized and split into 23 or 24 voice-grade or data-grade 627 channels for communications, up to a maximum of 25 access lines 628 per account bill rendered. 629 3.Except in the case of prepaid wireless service, each 630 wireless provider shall bill the fee to a subscriber on a per 631 service-identifier basis for service identifiers whose primary 632 place of use is within this state. The fee may shall not be 633 assessed on or collected from a provider with respect to an end 634 users service if that end users service is a prepaid wireless 635 service sold before January 1, 2015. 636 4.Except in the case of prepaid wireless service, each 637 voice communications services provider not addressed under 638 subparagraphs 1., 2., and 3. shall bill the fee on a per 639 service-identifier basis for service identifiers whose primary 640 place of use is within the state up to a maximum of 25 service 641 identifiers for each account bill rendered. 642 643 The provider may list the fee as a separate entry on each bill, 644 in which case the fee must be identified as a fee for 911 E911 645 services. A provider shall remit the fee to the board only if 646 the fee is paid by the subscriber. If a provider receives a 647 partial payment for a monthly bill from a subscriber, the amount 648 received shall first be applied to the payment due the provider 649 for providing voice communications service. 650 (b)A provider is not obligated to take any legal action to 651 enforce collection of the fees for which any subscriber is 652 billed. A county subscribing to 911 service remains liable to 653 the provider delivering the 911 service or equipment for any 911 654 service, equipment, operation, or maintenance charge owed by the 655 county to the provider. 656 (c)For purposes of this subsection, the state and local 657 governments are not subscribers. 658 (d)Each provider may retain 1 percent of the amount of the 659 fees collected as reimbursement for the administrative costs 660 incurred by the provider to bill, collect, and remit the fee. 661 The remainder shall be delivered to the board and deposited by 662 the board into the fund. The board shall distribute the 663 remainder pursuant to s. 365.173. 664 (e)Voice communications services providers billing the fee 665 to subscribers shall deliver revenues from the fee to the board 666 within 60 days after the end of the month in which the fee was 667 billed, together with a monthly report of the number of service 668 identifiers in each county. Each wireless provider and other 669 applicable provider identified in subparagraph (a)4. shall 670 report the number of service identifiers for subscribers whose 671 place of primary use is in each county. All provider subscriber 672 information provided to the board is subject to s. 365.174. If a 673 provider chooses to remit any fee amounts to the board before 674 they are paid by the subscribers, a provider may apply to the 675 board for a refund of, or may take a credit for, any such fees 676 remitted to the board which are not collected by the provider 677 within 6 months following the month in which the fees are 678 charged off for federal income tax purposes as bad debt. 679 (f)The rate of the fee may not exceed 50 cents per month 680 for each service identifier. Effective January 1, 2015, the fee 681 shall be 40 cents per month for each service identifier. The fee 682 shall apply uniformly and be imposed throughout the state, 683 except for those counties that, before July 1, 2007, had adopted 684 an ordinance or resolution establishing a fee less than 50 cents 685 per month per access line. In those counties the fee established 686 by ordinance may be changed only to the uniform statewide rate 687 no sooner than 30 days after notification is made by the 688 countys board of county commissioners to the board. 689 (g)The board may adjust the allocation percentages for 690 distribution of the fund as provided in s. 365.173. No sooner 691 than June 1, 2015, the board may adjust the rate of the fee 692 under paragraph (f) based on the criteria in this paragraph and 693 paragraph (h). Any adjustment in the rate must be approved by a 694 two-thirds vote of the total number of E911 board members. When 695 setting the percentages or contemplating any adjustments to the 696 fee, the board shall consider the following: 697 1.The revenues currently allocated for wireless service 698 provider costs for implementing E911 service and projected costs 699 for implementing E911 service, including recurring costs for 700 Phase I and Phase II and the effect of new technologies; 701 2.The appropriate level of funding needed to fund the 702 rural grant program provided for in s. 365.173(2)(f) s. 703 365.173(2)(g); and 704 2.3.The need to fund statewide, regional, and county 705 grants in accordance with sub-subparagraph (6)(a)3.b. and s. 706 365.173(2)(g) s. 365.173(2)(h). 707 (h)The board may adjust the allocation percentages or 708 adjust the amount of the fee as provided in paragraph (f) (g) if 709 necessary to ensure full cost recovery or prevent over recovery 710 overrecovery of costs incurred in the provision of 911 E911 711 service, including costs incurred or projected to be incurred to 712 comply with the order. Any new allocation percentages or reduced 713 or increased fee may not be adjusted for 1 year. In no event 714 shall the fee exceed 50 cents per month for each service 715 identifier. The fee, and any board adjustment of the fee, shall 716 be uniform throughout the state, except for the counties 717 identified in paragraph (f). No less than 90 days before the 718 effective date of any adjustment to the fee, the board shall 719 provide written notice of the adjusted fee amount and effective 720 date to each voice communications services provider from which 721 the board is then receiving the fee. 722 (i)It is the intent of the Legislature that all revenue 723 from the fee be used as specified in s. 365.173(2)(a)-(h) s. 724 365.173(2)(a)-(i). 725 (j)State and local taxes do not apply to the fee. The 726 amount of the E911 fee collected by a provider may not be 727 included in the base for imposition of any tax, fee, surcharge, 728 or other charge imposed by this state, any political subdivision 729 of this state, or any intergovernmental agency. 730 (k)A local government may not levy the fee or any 731 additional fee on providers or subscribers for the provision of 732 911 E911 service. 733 (l)For purposes of this section, the definitions contained 734 in s. 202.11 and the provisions of s. 202.155 apply in the same 735 manner and to the same extent as the definitions and provisions 736 apply to the taxes levied under chapter 202 on mobile 737 communications services. 738 (9)PREPAID WIRELESS PUBLIC SAFETY EMERGENCY COMMUNICATIONS 739 SYSTEMS E911 FEE. 740 (a)Effective January 1, 2015, a prepaid wireless E911 fee 741 is imposed per retail transaction at the rate established in 742 paragraph (8)(f). In order to allow sellers of all sizes and 743 technological capabilities adequate time to comply with this 744 subsection, a seller of prepaid wireless service operating in 745 this state before the prepaid wireless E911 fee is imposed shall 746 retain 100 percent of the fee collected under this paragraph for 747 the first 2 months to offset the cost of setup. 748 (b)Effective July 1, 2023 March 1, 2015, the prepaid 749 wireless E911 fee imposed under paragraph (a) shall be subject 750 to remittance in accordance with paragraph (f) (g). In no event 751 shall the fee exceed 50 cents for each retail transaction. At 752 least 90 days before the effective date of any adjustment to the 753 fee under paragraph (8)(g), the Department of Revenue shall 754 provide written notice of the adjusted fee amount and its 755 effective date to each seller from which the department is then 756 receiving the fee. At least 120 days before the effective date 757 of any adjustment to the fee imposed under this subsection, the 758 board shall provide notice to the Department of Revenue of the 759 adjusted fee amount and effective date of the adjustment. 760 (b)(c)The prepaid wireless E911 fee shall be collected by 761 the seller from the consumer with respect to each retail 762 transaction occurring in this state. The amount of the prepaid 763 wireless E911 fee shall be separately stated on an invoice, 764 receipt, or other similar document that is provided to the 765 consumer by the seller or otherwise disclosed to the consumer. 766 (c)(d)For purposes of paragraph (b) (c), a retail 767 transaction that takes place in person by a consumer at a 768 business location of the seller shall be treated as occurring in 769 this state if that business location is in this state. Such 770 transaction is deemed to have occurred in the county of the 771 business location. When a retail transaction does not take place 772 at the sellers business location, the transaction shall be 773 treated as taking place at the consumers shipping address or, 774 if no item is shipped, at the consumers address or the location 775 associated with the consumers mobile telephone number. Such 776 transaction is deemed to have occurred in the county of the 777 consumers shipping address when items are shipped to the 778 consumer or, when no items are shipped, the county of the 779 consumers address or the location associated with the 780 consumers mobile telephone number. A transaction for which the 781 specific Florida county cannot be determined shall be treated as 782 nonspecific. 783 (d)(e)If a prepaid wireless device is sold for a single, 784 nonitemized price with a prepaid wireless service of 10 minutes 785 or less or $5 or less, the seller may elect not to apply the 786 prepaid wireless E911 fee to the transaction. 787 (e)(f)The amount of the prepaid wireless E911 fee that is 788 collected by a seller from a consumer and that is separately 789 stated on an invoice, receipt, or similar document provided to 790 the consumer by the seller, may not be included in the base for 791 imposition of any tax, fee, surcharge, or other charge that is 792 imposed by this state, any political subdivision of this state, 793 or any intergovernmental agency. 794 (f)(g)Beginning July 1, 2023 April 1, 2015, each seller 795 shall file a return and remit the prepaid wireless E911 fees 796 collected in the previous month to the Department of Revenue on 797 or before the 20th day of the month. If the 20th day falls on a 798 Saturday, Sunday, or legal holiday, payments accompanied by 799 returns are due on the next succeeding day that is not a 800 Saturday, Sunday, or legal holiday observed by federal or state 801 agencies as defined in chapter 683 and s. 7503 of the Internal 802 Revenue Code of 1986, as amended. A seller may remit the prepaid 803 wireless E911 fee by electronic funds transfer and file a fee 804 return with the Department of Revenue that is initiated through 805 an electronic data interchange. 806 1.When a seller is authorized by the Department of Revenue 807 pursuant to s. 212.11(1)(c) or (d) to file a sales and use tax 808 return on a quarterly, semiannual, or annual reporting basis, 809 the seller may file a return and remit the prepaid wireless E911 810 fees on or before the 20th day of the month following the 811 authorized reporting period for sales and use tax. 812 2.A seller collecting less than $50 per month of prepaid 813 wireless E911 fees may file a quarterly return for the calendar 814 quarters ending in March, June, September, and December. The 815 seller must file a return and remit the prepaid wireless E911 816 fees collected during each calendar quarter on or before the 817 20th day of the month following that calendar quarter. 818 3.A seller must provide the following information on each 819 prepaid wireless E911 fee return filed with the Department of 820 Revenue: 821 a.The sellers name, federal identification number, 822 taxpayer identification number issued by the Department of 823 Revenue, business location address and mailing address, and 824 county of the business location in accordance with paragraph (c) 825 (d); 826 b.The reporting period; 827 c.The number of prepaid wireless services sold during the 828 reporting period; 829 d.The amount of prepaid wireless E911 fees collected and 830 the amount of any adjustments to the fees collected; 831 e.The amount of any retailer collection allowance deducted 832 from the amount of prepaid wireless E911 fees collected; and 833 f.The amount to be remitted to the Department of Revenue. 834 4.A seller who operates two or more business locations for 835 which returns are required to be filed with the Department of 836 Revenue may file a consolidated return reporting and remitting 837 the prepaid wireless E911 fee for all business locations. Such 838 sellers must report the prepaid wireless E911 fees collected in 839 each county, in accordance with paragraph (c) (d), on a 840 reporting schedule filed with the fee return. 841 5.A return is not required for a reporting period when no 842 prepaid wireless E911 fee is to be remitted for that period. 843 6.Except as provided in this section, the Department of 844 Revenue shall administer, collect, and enforce the fee under 845 this subsection pursuant to the same procedures used in the 846 administration, collection, and enforcement of the general state 847 sales tax imposed under chapter 212. The provisions of chapter 848 212 regarding authority to audit and make assessments, keeping 849 of books and records, and interest and penalties on delinquent 850 fees shall apply. The provisions of estimated tax liability in 851 s. 212.11(1)(a) do not apply to the prepaid wireless E911 fee. 852 (g)(h)A seller of prepaid wireless services in this state 853 must register with the Department of Revenue for each place of 854 business as required by s. 212.18(3) and the Department of 855 Revenues administrative rule regarding registration as a sales 856 and use tax dealer. A separate application is required for each 857 place of business. A valid certificate of registration issued by 858 the Department of Revenue to a seller for sales and use tax 859 purposes is sufficient for purposes of the registration 860 requirement of this subsection. There is no fee for registration 861 for remittance of the prepaid wireless E911 fee. 862 (h)(i)The Department of Revenue shall deposit the funds 863 remitted under this subsection into the Audit and Warrant 864 Clearing Trust Fund established in s. 215.199 and retain up to 865 3.2 percent of the funds remitted under this subsection to 866 reimburse its direct costs of administering the collection and 867 remittance of prepaid wireless E911 fees. Thereafter, the 868 Department of Revenue shall transfer all remaining funds 869 remitted under this subsection to the Emergency Communications 870 Number E911 System Fund monthly for use as provided in s. 871 365.173. 872 (i)(j)Beginning March 1, 2015, a seller may retain 5 873 percent of the prepaid wireless E911 fees that are collected by 874 the seller from consumers as a retailer collection allowance. 875 (j)(k)A provider or seller of prepaid wireless service is 876 not liable for damages to any person resulting from or incurred 877 in connection with providing or failing to provide emergency 878 communications and 911 or E911 service or for identifying or 879 failing to identify the telephone number, address, location, or 880 name associated with any person or device that is accessing or 881 attempting to access emergency communications and 911 or E911 882 service. 883 (k)(l)A provider or seller of prepaid wireless service is 884 not liable for damages to any person resulting from or incurred 885 in connection with providing any lawful assistance to any 886 investigative or law enforcement officer of the United States, 887 any state, or any political subdivision of any state in 888 connection with any lawful investigation or other law 889 enforcement activity by such law enforcement officer. 890 (l)(m)The limitations of liability under this subsection 891 for providers and sellers are in addition to any other 892 limitation of liability provided for under this section. 893 (m)(n)A local government may not levy the fee or any 894 additional fee on providers or sellers of prepaid wireless 895 service for the provision of 911 E911 service. 896 (n)(o)For purposes of this section, the state and local 897 governments are not consumers. 898 (o)(p)For purposes of this subsection, the term: 899 1.Consumer means a person who purchases prepaid wireless 900 service in a retail sale. 901 2.Prepaid wireless E911 fee means the fee that is 902 required to be collected by a seller from a consumer as provided 903 in this subsection. 904 3.Provider means a person that provides prepaid wireless 905 service pursuant to a license issued by the Federal 906 Communications Commission. 907 4.Retail transaction means the purchase by a consumer 908 from a seller of prepaid wireless service that may be applied to 909 a single service identifier for use by the consumer. If a 910 consumer makes a purchase of multiple prepaid wireless services 911 in a single transaction, each individual prepaid wireless 912 service shall be considered a separate retail transaction for 913 purposes of calculating the prepaid wireless E911 fee. 914 5.Seller means a person who makes retail sales of 915 prepaid wireless services to a consumer. 916 (10)AUTHORIZED EXPENDITURES OF PUBLIC SAFETY EMERGENCY 917 COMMUNICATIONS SYSTEMS E911 FEE. 918 (a)For purposes of this section, emergency communications 919 and 911 E911 service includes the functions relating to the 920 receipt and transfer of requests for emergency assistance, of 921 database management, call taking, and location verification, and 922 call transfer. Department of Health certification and 923 recertification and training costs for 911 public safety 924 telecommunications, including dispatching, are functions of 925 public safety emergency telecommunications 911 services. 926 (b)All costs directly attributable to the establishment or 927 provision of emergency communications equipment E911 service and 928 contracting for E911 services related to a primary or secondary 929 public safety answering point (PSAP) are eligible for 930 expenditure of moneys derived from imposition of the fee 931 authorized by subsections (8) and (9). These costs include the 932 acquisition, implementation, and maintenance of PSAP Public 933 Safety Answering Point (PSAP) equipment and E911 service 934 features, as defined in the providers published schedules or 935 the acquisition, installation, and maintenance of other E911 936 equipment, including: circuits; call answering equipment; call 937 transfer equipment; ANI or ALI controllers; ANI or ALI displays; 938 station instruments; NG911 E911 telecommunications systems; 939 emergency services IP network (ESInet); visual call information 940 and storage devices; recording equipment; telephone devices and 941 other equipment for the hearing impaired used in the E911 942 system; PSAP backup power systems; consoles; automatic call 943 distributors;, and interfaces, including hardware and software, 944 for computer-aided dispatch (CAD) systems, for public safety 945 land mobile radio systems (LMR) and radio consoles that provide 946 two-way radio communication with responders, and for in-building 947 coverage; integrated CAD systems for that portion of the systems 948 used for E911 call taking; GIS system and software equipment and 949 information displays; network clocks; cybersecurity, including 950 hardware, software, and services; salary and associated expenses 951 for 911 E911 call takers and emergency dispatchers for that 952 portion of their time spent taking and transferring E911 calls, 953 salary, and associated expenses for a county to employ a full 954 time equivalent 911 E911 coordinator position and a full-time 955 equivalent mapping or geographical data position, and technical 956 system maintenance, database, and administration personnel for 957 the portion of their time spent administrating the emergency 958 communications E911 system; emergency medical, fire, and law 959 enforcement prearrival instruction software; charts and training 960 costs; training costs for PSAP call takers, dispatchers, 961 supervisors, and managers in the proper methods and techniques 962 used in taking and transferring 911 E911 calls; costs to train 963 and educate PSAP employees regarding 911 and radio E911 service 964 or NG911 E911 equipment, including fees collected by the 965 Department of Health for the certification and recertification 966 of 911 public safety telecommunicators as required under s. 967 401.465; and expenses required to develop and maintain all 968 information, including ALI and ANI databases and other 969 information source repositories, necessary to properly inform 970 call takers as to location address, type of emergency, smart 971 city technology data, public safety broadband networks, and 972 other information directly relevant to the processing of a 973 request for emergency assistance E911 call-taking and 974 transferring function. Moneys derived from the fee may also be 975 used for next-generation E911 network services, next-generation 976 E911 database services, next-generation E911 equipment, and 977 wireless E911 routing systems. 978 (c)The moneys may not be used to pay for any item not 979 listed in this subsection, including, but not limited to, any 980 capital or operational costs for emergency responses which occur 981 after the call transfer to the responding public safety entity 982 and the costs for utilities, constructing, leasing, maintaining, 983 or renovating buildings, except for those building modifications 984 necessary to maintain the security and environmental integrity 985 of the PSAP and emergency communications E911 equipment rooms. 986 (11)LIABILITY OF COUNTIES.A county subscribing to 911 987 service remains liable to the local exchange carrier for any 911 988 service, equipment, operation, or maintenance charge owed by the 989 county to the local exchange carrier. As used in this 990 subsection, the term local exchange carrier means a local 991 exchange telecommunications service provider of 911 service or 992 equipment to any county within its certificated area. 993 (12)INDEMNIFICATION AND LIMITATION OF LIABILITY.A local 994 government may indemnify local exchange carriers against 995 liability in accordance with the published schedules of the 996 company. Notwithstanding an indemnification agreement, a local 997 exchange carrier, voice communications services provider, or 998 other service provider that provides 911, or E911, or NG911 999 service on a retail or wholesale basis is not liable for damages 1000 resulting from or in connection with 911, or E911, or NG911 1001 service, or for identification of the telephone number, or 1002 address, or name associated with any person accessing 911, or 1003 E911, or NG911 service, unless the carrier or provider acted 1004 with malicious purpose or in a manner exhibiting wanton and 1005 willful disregard of the rights, safety, or property of a person 1006 when providing such services. A carrier or provider is not 1007 liable for damages to any person resulting from or in connection 1008 with the carriers or providers provision of any lawful 1009 assistance to any investigative or law enforcement officer of 1010 the United States, this state, or a political subdivision 1011 thereof, or of any other state or political subdivision thereof, 1012 in connection with any lawful investigation or other law 1013 enforcement activity by such law enforcement officer. For 1014 purposes of this subsection, the term 911, or E911, or NG911 1015 service means a telecommunications service, voice or nonvoice 1016 communications service, or other wireline or wireless service, 1017 including, but not limited to, a service using Internet 1018 protocol, which provides, in whole or in part, any of the 1019 following functions: providing members of the public with the 1020 ability to reach an answering point by using the digits 9-1-1; 1021 directing 911 calls to answering points by selective routing; 1022 providing for automatic number identification and automatic 1023 location-identification features; or providing wireless E911 1024 services as defined in the order. 1025 (13)FACILITATING EMERGENCY COMMUNICATIONS E911 SERVICE 1026 IMPLEMENTATION.To balance the public need for reliable 1027 emergency communications E911 services through reliable wireless 1028 systems and the public interest served by governmental zoning 1029 and land development regulations and notwithstanding any other 1030 law or local ordinance to the contrary, the following standards 1031 shall apply to a local governments actions, as a regulatory 1032 body, in the regulation of the placement, construction, or 1033 modification of a wireless communications facility. This 1034 subsection shall not, however, be construed to waive or alter 1035 the provisions of s. 286.011 or s. 286.0115. For the purposes of 1036 this subsection only, local government shall mean any 1037 municipality or county and any agency of a municipality or 1038 county only. The term local government does not, however, 1039 include any airport, as defined by s. 330.27(2), even if it is 1040 owned or controlled by or through a municipality, county, or 1041 agency of a municipality or county. Further, notwithstanding 1042 anything in this section to the contrary, this subsection does 1043 not apply to or control a local governments actions as a 1044 property or structure owner in the use of any property or 1045 structure owned by such entity for the placement, construction, 1046 or modification of wireless communications facilities. In the 1047 use of property or structures owned by the local government, 1048 however, a local government may not use its regulatory authority 1049 so as to avoid compliance with, or in a manner that does not 1050 advance, the provisions of this subsection. 1051 (a)Colocation Collocation among wireless providers is 1052 encouraged by the state. 1053 1.a.Colocations Collocations on towers, including 1054 nonconforming towers, that meet the requirements in sub-sub 1055 subparagraphs (I), (II), and (III), are subject to only building 1056 permit review, which may include a review for compliance with 1057 this subparagraph. Such colocations collocations are not subject 1058 to any design or placement requirements of the local 1059 governments land development regulations in effect at the time 1060 of the colocation collocation that are more restrictive than 1061 those in effect at the time of the initial antennae placement 1062 approval, to any other portion of the land development 1063 regulations, or to public hearing review. This sub-subparagraph 1064 shall not preclude a public hearing for any appeal of the 1065 decision on the colocation collocation application. 1066 (I)The colocation collocation does not increase the height 1067 of the tower to which the antennae are to be attached, measured 1068 to the highest point of any part of the tower or any existing 1069 antenna attached to the tower; 1070 (II)The colocation collocation does not increase the 1071 ground space area, commonly known as the compound, approved in 1072 the site plan for equipment enclosures and ancillary facilities; 1073 and 1074 (III)The colocation collocation consists of antennae, 1075 equipment enclosures, and ancillary facilities that are of a 1076 design and configuration consistent with all applicable 1077 regulations, restrictions, or conditions, if any, applied to the 1078 initial antennae placed on the tower and to its accompanying 1079 equipment enclosures and ancillary facilities and, if 1080 applicable, applied to the tower supporting the antennae. Such 1081 regulations may include the design and aesthetic requirements, 1082 but not procedural requirements, other than those authorized by 1083 this section, of the local governments land development 1084 regulations in effect at the time the initial antennae placement 1085 was approved. 1086 b.Except for a historic building, structure, site, object, 1087 or district, or a tower included in sub-subparagraph a., 1088 colocations collocations on all other existing structures that 1089 meet the requirements in sub-sub-subparagraphs (I)-(IV) shall be 1090 subject to no more than building permit review, and an 1091 administrative review for compliance with this subparagraph. 1092 Such colocations collocations are not subject to any portion of 1093 the local governments land development regulations not 1094 addressed herein, or to public hearing review. This sub 1095 subparagraph shall not preclude a public hearing for any appeal 1096 of the decision on the colocation collocation application. 1097 (I)The colocation collocation does not increase the height 1098 of the existing structure to which the antennae are to be 1099 attached, measured to the highest point of any part of the 1100 structure or any existing antenna attached to the structure; 1101 (II)The colocation collocation does not increase the 1102 ground space area, otherwise known as the compound, if any, 1103 approved in the site plan for equipment enclosures and ancillary 1104 facilities; 1105 (III)The colocation collocation consists of antennae, 1106 equipment enclosures, and ancillary facilities that are of a 1107 design and configuration consistent with any applicable 1108 structural or aesthetic design requirements and any requirements 1109 for location on the structure, but not prohibitions or 1110 restrictions on the placement of additional colocations 1111 collocations on the existing structure or procedural 1112 requirements, other than those authorized by this section, of 1113 the local governments land development regulations in effect at 1114 the time of the colocation collocation application; and 1115 (IV)The colocation collocation consists of antennae, 1116 equipment enclosures, and ancillary facilities that are of a 1117 design and configuration consistent with all applicable 1118 restrictions or conditions, if any, that do not conflict with 1119 sub-sub-subparagraph (III) and were applied to the initial 1120 antennae placed on the structure and to its accompanying 1121 equipment enclosures and ancillary facilities and, if 1122 applicable, applied to the structure supporting the antennae. 1123 c.Regulations, restrictions, conditions, or permits of the 1124 local government, acting in its regulatory capacity, that limit 1125 the number of colocations collocations or require review 1126 processes inconsistent with this subsection shall not apply to 1127 colocations collocations addressed in this subparagraph. 1128 d.If only a portion of the colocation collocation does not 1129 meet the requirements of this subparagraph, such as an increase 1130 in the height of the proposed antennae over the existing 1131 structure height or a proposal to expand the ground space 1132 approved in the site plan for the equipment enclosure, where all 1133 other portions of the colocation collocation meet the 1134 requirements of this subparagraph, that portion of the 1135 colocation collocation only may be reviewed under the local 1136 governments regulations applicable to an initial placement of 1137 that portion of the facility, including, but not limited to, its 1138 land development regulations, and within the review timeframes 1139 of subparagraph (d)2., and the rest of the colocation 1140 collocation shall be reviewed in accordance with this 1141 subparagraph. A colocation collocation proposal under this 1142 subparagraph that increases the ground space area, otherwise 1143 known as the compound, approved in the original site plan for 1144 equipment enclosures and ancillary facilities by no more than a 1145 cumulative amount of 400 square feet or 50 percent of the 1146 original compound size, whichever is greater, shall, however, 1147 require no more than administrative review for compliance with 1148 the local governments regulations, including, but not limited 1149 to, land development regulations review, and building permit 1150 review, with no public hearing review. This sub-subparagraph 1151 shall not preclude a public hearing for any appeal of the 1152 decision on the colocation collocation application. 1153 2.If a colocation collocation does not meet the 1154 requirements of subparagraph 1., the local government may review 1155 the application under the local governments regulations, 1156 including, but not limited to, land development regulations, 1157 applicable to the placement of initial antennae and their 1158 accompanying equipment enclosure and ancillary facilities. 1159 3.If a colocation collocation meets the requirements of 1160 subparagraph 1., the colocation is collocation shall not be 1161 considered a modification to an existing structure or an 1162 impermissible modification of a nonconforming structure. 1163 4.The owner of the existing tower on which the proposed 1164 antennae are to be colocated collocated shall remain responsible 1165 for compliance with any applicable condition or requirement of a 1166 permit or agreement, or any applicable condition or requirement 1167 of the land development regulations to which the existing tower 1168 had to comply at the time the tower was permitted, including any 1169 aesthetic requirements, provided the condition or requirement is 1170 not inconsistent with this paragraph. 1171 5.An existing tower, including a nonconforming tower, may 1172 be structurally modified in order to permit colocation 1173 collocation or may be replaced through no more than 1174 administrative review and building permit review, and is not 1175 subject to public hearing review, if the overall height of the 1176 tower is not increased and, if a replacement, the replacement 1177 tower is a monopole tower or, if the existing tower is a 1178 camouflaged tower, the replacement tower is a like-camouflaged 1179 tower. This subparagraph shall not preclude a public hearing for 1180 any appeal of the decision on the application. 1181 (b)1.A local governments land development and 1182 construction regulations for wireless communications facilities 1183 and the local governments review of an application for the 1184 placement, construction, or modification of a wireless 1185 communications facility shall only address land development or 1186 zoning issues. In such local government regulations or review, 1187 the local government may not require information on or evaluate 1188 a wireless providers business decisions about its service, 1189 customer demand for its service, or quality of its service to or 1190 from a particular area or site, unless the wireless provider 1191 voluntarily offers this information to the local government. In 1192 such local government regulations or review, a local government 1193 may not require information on or evaluate the wireless 1194 providers designed service unless the information or materials 1195 are directly related to an identified land development or zoning 1196 issue or unless the wireless provider voluntarily offers the 1197 information. Information or materials directly related to an 1198 identified land development or zoning issue may include, but are 1199 not limited to, evidence that no existing structure can 1200 reasonably be used for the antennae placement instead of the 1201 construction of a new tower, that residential areas cannot be 1202 served from outside the residential area, as addressed in 1203 subparagraph 3., or that the proposed height of a new tower or 1204 initial antennae placement or a proposed height increase of a 1205 modified tower, replacement tower, or colocation collocation is 1206 necessary to provide the providers designed service. Nothing in 1207 this paragraph shall limit the local government from reviewing 1208 any applicable land development or zoning issue addressed in its 1209 adopted regulations that does not conflict with this section, 1210 including, but not limited to, aesthetics, landscaping, land 1211 use-based land use based location priorities, structural design, 1212 and setbacks. 1213 2.Any setback or distance separation required of a tower 1214 may not exceed the minimum distance necessary, as determined by 1215 the local government, to satisfy the structural safety or 1216 aesthetic concerns that are to be protected by the setback or 1217 distance separation. 1218 3.A local government may exclude the placement of wireless 1219 communications facilities in a residential area or residential 1220 zoning district but only in a manner that does not constitute an 1221 actual or effective prohibition of the providers service in 1222 that residential area or zoning district. If a wireless provider 1223 demonstrates to the satisfaction of the local government that 1224 the provider cannot reasonably provide its service to the 1225 residential area or zone from outside the residential area or 1226 zone, the municipality or county and provider shall cooperate to 1227 determine an appropriate location for a wireless communications 1228 facility of an appropriate design within the residential area or 1229 zone. The local government may require that the wireless 1230 provider reimburse the reasonable costs incurred by the local 1231 government for this cooperative determination. An application 1232 for such cooperative determination shall not be considered an 1233 application under paragraph (d). 1234 4.A local government may impose a reasonable fee on 1235 applications to place, construct, or modify a wireless 1236 communications facility only if a similar fee is imposed on 1237 applicants seeking other similar types of zoning, land use, or 1238 building permit review. A local government may impose fees for 1239 the review of applications for wireless communications 1240 facilities by consultants or experts who conduct code compliance 1241 review for the local government but any fee is limited to 1242 specifically identified reasonable expenses incurred in the 1243 review. A local government may impose reasonable surety 1244 requirements to ensure the removal of wireless communications 1245 facilities that are no longer being used. 1246 5.A local government may impose design requirements, such 1247 as requirements for designing towers to support colocation 1248 collocation or aesthetic requirements, except as otherwise 1249 limited in this section, but shall not impose or require 1250 information on compliance with building code type standards for 1251 the construction or modification of wireless communications 1252 facilities beyond those adopted by the local government under 1253 chapter 553 and that apply to all similar types of construction. 1254 (c)Local governments may not require wireless providers to 1255 provide evidence of a wireless communications facilitys 1256 compliance with federal regulations, except evidence of 1257 compliance with applicable Federal Aviation Administration 1258 requirements under 14 C.F.R. part 77, as amended, and evidence 1259 of proper Federal Communications Commission licensure, or other 1260 evidence of Federal Communications Commission authorized 1261 spectrum use, but may request the Federal Communications 1262 Commission to provide information as to a wireless providers 1263 compliance with federal regulations, as authorized by federal 1264 law. 1265 (d)1.A local government shall grant or deny each properly 1266 completed application for a colocation collocation under 1267 subparagraph (a)1. based on the applications compliance with 1268 the local governments applicable regulations, as provided for 1269 in subparagraph (a)1. and consistent with this subsection, and 1270 within the normal timeframe for a similar building permit review 1271 but in no case later than 45 business days after the date the 1272 application is determined to be properly completed in accordance 1273 with this paragraph. 1274 2.A local government shall grant or deny each properly 1275 completed application for any other wireless communications 1276 facility based on the applications compliance with the local 1277 governments applicable regulations, including but not limited 1278 to land development regulations, consistent with this subsection 1279 and within the normal timeframe for a similar type review but in 1280 no case later than 90 business days after the date the 1281 application is determined to be properly completed in accordance 1282 with this paragraph. 1283 3.a.An application is deemed submitted or resubmitted on 1284 the date the application is received by the local government. If 1285 the local government does not notify the applicant in writing 1286 that the application is not completed in compliance with the 1287 local governments regulations within 20 business days after the 1288 date the application is initially submitted or additional 1289 information resubmitted, the application is deemed, for 1290 administrative purposes only, to be properly completed and 1291 properly submitted. However, the determination shall not be 1292 deemed as an approval of the application. If the application is 1293 not completed in compliance with the local governments 1294 regulations, the local government shall so notify the applicant 1295 in writing and the notification must indicate with specificity 1296 any deficiencies in the required documents or deficiencies in 1297 the content of the required documents which, if cured, make the 1298 application properly completed. Upon resubmission of information 1299 to cure the stated deficiencies, the local government shall 1300 notify the applicant, in writing, within the normal timeframes 1301 of review, but in no case longer than 20 business days after the 1302 additional information is submitted, of any remaining 1303 deficiencies that must be cured. Deficiencies in document type 1304 or content not specified by the local government do not make the 1305 application incomplete. Notwithstanding this sub-subparagraph, 1306 if a specified deficiency is not properly cured when the 1307 applicant resubmits its application to comply with the notice of 1308 deficiencies, the local government may continue to request the 1309 information until such time as the specified deficiency is 1310 cured. The local government may establish reasonable timeframes 1311 within which the required information to cure the application 1312 deficiency is to be provided or the application will be 1313 considered withdrawn or closed. 1314 b.If the local government fails to grant or deny a 1315 properly completed application for a wireless communications 1316 facility within the timeframes set forth in this paragraph, the 1317 application shall be deemed automatically approved and the 1318 applicant may proceed with placement of the facilities without 1319 interference or penalty. The timeframes specified in 1320 subparagraph 2. may be extended only to the extent that the 1321 application has not been granted or denied because the local 1322 governments procedures generally applicable to all other 1323 similar types of applications require action by the governing 1324 body and such action has not taken place within the timeframes 1325 specified in subparagraph 2. Under such circumstances, the local 1326 government must act to either grant or deny the application at 1327 its next regularly scheduled meeting or, otherwise, the 1328 application is deemed to be automatically approved. 1329 c.To be effective, a waiver of the timeframes set forth in 1330 this paragraph must be voluntarily agreed to by the applicant 1331 and the local government. A local government may request, but 1332 not require, a waiver of the timeframes by the applicant, except 1333 that, with respect to a specific application, a one-time waiver 1334 may be required in the case of a declared local, state, or 1335 federal emergency that directly affects the administration of 1336 all permitting activities of the local government. 1337 (e)The replacement of or modification to a wireless 1338 communications facility, except a tower, that results in a 1339 wireless communications facility not readily discernibly 1340 different in size, type, and appearance when viewed from ground 1341 level from surrounding properties, and the replacement or 1342 modification of equipment that is not visible from surrounding 1343 properties, all as reasonably determined by the local 1344 government, are subject to no more than applicable building 1345 permit review. 1346 (f)Any other law to the contrary notwithstanding, the 1347 Department of Management Services shall negotiate, in the name 1348 of the state, leases for wireless communications facilities that 1349 provide access to state government-owned property not acquired 1350 for transportation purposes, and the Department of 1351 Transportation shall negotiate, in the name of the state, leases 1352 for wireless communications facilities that provide access to 1353 property acquired for state rights-of-way. On property acquired 1354 for transportation purposes, leases shall be granted in 1355 accordance with s. 337.251. On other state government-owned 1356 property, leases shall be granted on a space available, first 1357 come, first-served basis. Payments required by state government 1358 under a lease must be reasonable and must reflect the market 1359 rate for the use of the state government-owned property. The 1360 Department of Management Services and the Department of 1361 Transportation are authorized to adopt rules for the terms and 1362 conditions and granting of any such leases. 1363 (g)If any person adversely affected by any action, or 1364 failure to act, or regulation, or requirement of a local 1365 government in the review or regulation of the wireless 1366 communication facilities files an appeal or brings an 1367 appropriate action in a court or venue of competent 1368 jurisdiction, following the exhaustion of all administrative 1369 remedies, the matter shall be considered on an expedited basis. 1370 (14)MISUSE OF 911, OR E911, OR NG911 SYSTEM; PENALTY.911, 1371 and E911, and NG911 service must be used solely for emergency 1372 communications by the public. Any person who accesses the number 1373 911 for the purpose of making a false alarm or complaint or 1374 reporting false information that could result in the emergency 1375 response of any public safety agency; any person who knowingly 1376 uses or attempts to use such service for a purpose other than 1377 obtaining public safety assistance; or any person who knowingly 1378 uses or attempts to use such service in an effort to avoid any 1379 charge for service, commits a misdemeanor of the first degree, 1380 punishable as provided in s. 775.082 or s. 775.083. After being 1381 convicted of unauthorized use of such service four times, a 1382 person who continues to engage in such unauthorized use commits 1383 a felony of the third degree, punishable as provided in s. 1384 775.082, s. 775.083, or s. 775.084. In addition, if the value of 1385 the service or the service charge obtained in a manner 1386 prohibited by this subsection exceeds $100, the person 1387 committing the offense commits a felony of the third degree, 1388 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1389 (15)TEXT-TO-911 SERVICE.Each county shall develop a 1390 countywide implementation plan addressing text-to-911 services 1391 and, by January 1, 2022, enact a system to allow text-to-911 1392 services. 1393 (16)STATE LAW NOT PREEMPTED.This section and ss. 365.173 1394 and 365.174 do not alter any state law that otherwise regulates 1395 voice communications services providers. 1396 Section 2.Section 365.173, Florida Statutes, is amended to 1397 read: 1398 365.173Emergency Communications Number E911 System Fund. 1399 (1)REVENUES. 1400 (a)Revenues derived from the fee levied on subscribers 1401 under s. 365.172(8) must be paid by the board into the State 1402 Treasury on or before the 15th day of each month. Such moneys 1403 must be accounted for in a special fund to be designated as the 1404 Emergency Communications Number E911 System Fund, a fund created 1405 in the Division of Telecommunications, or other office as 1406 designated by the Secretary of Management Services. 1407 (b)Revenues derived from the fee levied on prepaid 1408 wireless service under s. 365.172(9), less the costs of 1409 administering collection of the fee, must be transferred by the 1410 Department of Revenue to the Emergency Communications Number 1411 E911 System Fund on or before the 25th day of each month 1412 following the month of receipt. 1413 (c)For accounting purposes, the Emergency Communications 1414 Number E911 System Fund must be segregated into three separate 1415 categories: 1416 1.The wireless category; 1417 2.The nonwireless category; and 1418 3.The prepaid wireless category. 1419 (d)All moneys must be invested by the Chief Financial 1420 Officer pursuant to s. 17.61. All moneys in such fund are to be 1421 expended by the office for the purposes provided in this section 1422 and s. 365.172. These funds are not subject to s. 215.20. 1423 (2)DISTRIBUTION AND USE OF FUNDS.As determined by the 1424 board pursuant to s. 365.172(8)(g), and subject to any 1425 modifications approved by the board pursuant to s. 1426 365.172(6)(a)3. or (8)(h), the moneys in the fund shall be 1427 distributed and used only as follows: 1428 (a)Ninety-four Seventy-six percent of the moneys in the 1429 wireless category shall be distributed each month to counties, 1430 based on the total number of service identifiers in each county, 1431 and 1 percent shall be distributed each month to state agencies 1432 that operate 911 centers. The distributions and shall be used 1433 exclusively for payment of: 1434 1.authorized expenditures, as specified in s. 365.172(10). 1435 2.Costs to comply with the requirements for E911 service 1436 contained in the order and any future rules related to the 1437 order. 1438 (b)Ninety-six percent of the moneys in the nonwireless 1439 category shall be distributed each month to counties based on 1440 the total number of service identifiers in each county and shall 1441 be used exclusively for payment of authorized expenditures, as 1442 specified in s. 365.172(10). 1443 (c)Sixty-one percent of the moneys in the prepaid wireless 1444 category shall be distributed each month to counties based on 1445 the total amount of fees reported and paid in each county and 1446 shall be used exclusively for payment of authorized 1447 expenditures, as specified in s. 365.172(10). The moneys from 1448 prepaid wireless E911 fees identified as nonspecific in 1449 accordance with s. 365.172(9) shall be distributed as determined 1450 by the Emergency Communications E911 Board. 1451 (d)Any county that receives funds under paragraphs (a), 1452 (b), and (c) shall establish a fund to be used exclusively for 1453 the receipt and expenditure of the revenues collected under 1454 paragraphs (a), (b), and (c). All fees placed in the fund and 1455 any interest accrued shall be used solely for costs described in 1456 subparagraphs (a)1. and 2. and may not be reduced, withheld, or 1457 allocated for other purposes. The money collected and interest 1458 earned in this fund shall be appropriated for these purposes by 1459 the county commissioners and incorporated into the annual county 1460 budget. The fund shall be included within the financial audit 1461 performed in accordance with s. 218.39. The financial audit 1462 shall assure that all emergency communications E911 fee 1463 revenues, interest, and emergency communications E911 grant 1464 funding are used for payment of authorized expenditures, as 1465 specified in s. 365.172(10) and as specified in the Emergency 1466 Communications E911 Board grant and special disbursement 1467 programs. The county is responsible for all expenditures of 1468 revenues distributed from the county emergency communications 1469 E911 fund and shall submit the financial audit reports to the 1470 board for review. A county may carry forward up to 30 percent of 1471 the total funds disbursed to the county by the board during a 1472 county fiscal year for expenditures for capital outlay, capital 1473 improvements, equipment replacement, or implementation of a 1474 hosted system if such expenditures are made for the purposes 1475 specified in subparagraphs (a)1. and 2.; however, the 30-percent 1476 limitation does not apply to funds disbursed to a county under 1477 s. 365.172(6)(a)3., and a county may carry forward any 1478 percentage of the funds, except that any grant provided shall 1479 continue to be subject to any condition imposed by the board. In 1480 order to prevent an excess recovery of costs incurred in 1481 providing emergency communications E911 service, a county that 1482 receives funds greater than the permissible emergency 1483 communications E911 costs described in s. 365.172(10), including 1484 the 30-percent carryforward allowance, must return the excess 1485 funds to the E911 board to be allocated under s. 365.172(6)(a). 1486 (e)Twenty percent of the moneys in the wireless category 1487 shall be distributed to wireless providers in response to sworn 1488 invoices submitted to the board by wireless providers to 1489 reimburse such wireless providers for the actual costs incurred 1490 to provide 911 or E911 service, including the costs of complying 1491 with the order. Such costs include costs and expenses incurred 1492 by wireless providers to design, purchase, lease, program, 1493 install, test, upgrade, operate, and maintain all necessary 1494 data, hardware, and software required to provide E911 service. 1495 Each wireless provider shall submit to the board, by August 1 of 1496 each year, a detailed estimate of the capital and operating 1497 expenses for which it anticipates that it will seek 1498 reimbursement under this paragraph during the ensuing state 1499 fiscal year. In order to be eligible for recovery during any 1500 ensuing state fiscal year, a wireless provider must submit all 1501 sworn invoices for allowable purchases made within the previous 1502 calendar year no later than March 31 of the fiscal year. By 1503 September 15 of each year, the board shall submit to the 1504 Legislature its legislative budget request for funds to be 1505 allocated to wireless providers under this paragraph during the 1506 ensuing state fiscal year. The budget request shall be based on 1507 the information submitted by the wireless providers and 1508 estimated surcharge revenues. Distributions of moneys in the 1509 fund by the board to wireless providers must be fair and 1510 nondiscriminatory. If the total amount of moneys requested by 1511 wireless providers pursuant to invoices submitted to the board 1512 and approved for payment exceeds the amount in the fund in any 1513 month, wireless providers that have invoices approved for 1514 payment shall receive a pro rata share of moneys in the fund and 1515 the balance of the payments shall be carried over to the 1516 following month or months until all of the approved payments are 1517 made. The board may adopt rules necessary to address the manner 1518 in which pro rata distributions are made when the total amount 1519 of funds requested by wireless providers pursuant to invoices 1520 submitted to the board exceeds the total amount of moneys on 1521 deposit in the fund. 1522 (f)One percent of the moneys in each category of the fund 1523 shall be retained by the board to be applied to costs and 1524 expenses incurred for the purposes of managing, administering, 1525 and overseeing the receipts and disbursements from the fund and 1526 other activities as defined in s. 365.172(6). Any funds retained 1527 for such purposes in a calendar year which are not applied to 1528 such costs and expenses by March 31 of the following year shall 1529 be redistributed as determined by the board. 1530 (f)(g)Three percent of the moneys in each category of the 1531 fund and an additional 1 percent of the moneys collected in the 1532 wireless category shall be used to make monthly distributions to 1533 rural counties for the purpose of providing facilities and 1534 network and service enhancements and assistance for the 1535 emergency communications 911 or E911 systems operated by rural 1536 counties and for the provision of grants by the office to rural 1537 counties for upgrading and replacing emergency communications 1538 E911 systems. 1539 (g)(h)Thirty-five percent of the moneys in the prepaid 1540 wireless category shall be retained by the board to provide 1541 state emergency communications E911 grants to be awarded in 1542 accordance with the following order of priority: 1543 1.For all large, medium, and rural counties to upgrade or 1544 replace emergency communications E911 systems. 1545 2.For all large, medium, and rural counties to develop and 1546 maintain statewide 911 routing, geographic, and management 1547 information systems. 1548 3.For all large, medium, and rural counties to develop and 1549 maintain next-generation 911 services and equipment. 1550 (h)(i)If the wireless category has funds remaining in it 1551 on December 31 after disbursements have been made during the 1552 calendar year immediately before prior to December 31, the board 1553 may disburse the excess funds in the wireless category in 1554 accordance with s. 365.172(6)(a)3.b. 1555 (3)The Legislature recognizes that the fee authorized 1556 under s. 365.172 may not necessarily provide the total funding 1557 required for establishing or providing the emergency 1558 communications E911 service. It is the intent of the Legislature 1559 that all revenue from the fee be used as specified in subsection 1560 (2). 1561 Section 3.Subsection (1) of section 365.177, Florida 1562 Statutes, is amended to read: 1563 365.177Transfer of E911 calls between systems. 1564 (1)The office shall develop a plan by December 30, 2023 1565 February 1, 2020, to upgrade 911 public safety answering points 1566 within the state to allow the transfer of an emergency call from 1567 one local, multijurisdictional, or regional E911 system to 1568 another local, multijurisdictional, or regional E911 system in 1569 the state. Such transfer should include voice, text message, 1570 image, video, caller identification information, location 1571 information, and additional standards-based 911 call 1572 information. 1573 Section 4.Subsection (10) of section 212.05965, Florida 1574 Statutes, is amended to read: 1575 212.05965Taxation of marketplace sales. 1576 (10)Notwithstanding any other law, the marketplace 1577 provider is also responsible for collecting and remitting any 1578 prepaid wireless public safety emergency communications systems 1579 E911 fee under s. 365.172, waste tire fee under s. 403.718, and 1580 lead-acid battery fee under s. 403.7185 at the time of sale for 1581 taxable retail sales made through its marketplace. 1582 Section 5.Section 365.171, Florida Statutes, is amended to 1583 read: 1584 365.171Emergency communications number E911 state plan. 1585 (1)SHORT TITLE.This section may be cited as the Florida 1586 Emergency Communications Number E911 State Plan Act. 1587 (2)LEGISLATIVE INTENT.It is the intent of the Legislature 1588 that the communications number 911 be the designated emergency 1589 communications number. A public safety agency may not advertise 1590 or otherwise promote the use of any communications number for 1591 emergency response services other than 911. It is further the 1592 intent of the Legislature to implement and continually update a 1593 cohesive statewide emergency communications number E911 plan 1594 for enhanced 911 services which will provide citizens with rapid 1595 direct access to public safety agencies by accessing 911 with 1596 the objective of reducing the response time to situations 1597 requiring law enforcement, fire, medical, rescue, and other 1598 emergency services. 1599 (3)DEFINITIONS.As used in this section, the term: 1600 (a)Office means the Division of Telecommunications 1601 within the Department of Management Services, as designated by 1602 the secretary of the department. 1603 (b)Local government means any city, county, or political 1604 subdivision of the state and its agencies. 1605 (c)Public agency means the state and any city, county, 1606 city and county, municipal corporation, chartered organization, 1607 public district, or public authority located in whole or in part 1608 within this state which provides, or has authority to provide, 1609 firefighting, law enforcement, ambulance, medical, or other 1610 emergency services. 1611 (d)Public safety agency means a functional division of a 1612 public agency which provides firefighting, law enforcement, 1613 medical, or other emergency services. 1614 (4)STATE PLAN.The office shall develop, maintain, and 1615 implement appropriate modifications for a statewide emergency 1616 communications E911 system plan. The plan shall provide for: 1617 (a)The public agency emergency communications requirements 1618 for each entity of local government in the state. 1619 (b)A system to meet specific local government 1620 requirements. Such system shall include law enforcement, 1621 firefighting, and emergency medical services and may include 1622 other emergency services such as poison control, suicide 1623 prevention, and emergency management services. 1624 (c)Identification of the mutual aid agreements necessary 1625 to obtain an effective emergency communications systems E911 1626 system. 1627 (d)A funding provision that identifies the cost necessary 1628 to implement the emergency communications E911 system. 1629 1630 The office shall be responsible for the implementation and 1631 coordination of such plan. The office shall adopt any necessary 1632 rules and schedules related to public agencies for implementing 1633 and coordinating the plan, pursuant to chapter 120. 1634 (5)SYSTEM DIRECTOR.The secretary of the department or his 1635 or her designee is designated as the director of the statewide 1636 emergency communications number E911 system and, for the purpose 1637 of carrying out the provisions of this section, is authorized to 1638 coordinate the activities of the system with state, county, 1639 local, and private agencies. The director in implementing the 1640 system shall consult, cooperate, and coordinate with local law 1641 enforcement agencies. 1642 (6)REGIONAL SYSTEMS.This section does not prohibit or 1643 discourage the formation of multijurisdictional or regional 1644 systems; and any system established pursuant to this section may 1645 include the jurisdiction, or any portion thereof, of more than 1646 one public agency. It is the intent of the Legislature that 1647 emergency communications services E911 service be available 1648 throughout the state. Expenditure by counties of the E911 fee 1649 authorized and imposed under s. 365.172 should support this 1650 intent to the greatest extent feasible within the context of 1651 local service needs and fiscal capability. This section does not 1652 prohibit two or more counties from establishing a combined 1653 emergency E911 communications service by an interlocal agreement 1654 and using the fees authorized and imposed by s. 365.172 for such 1655 combined E911 service. 1656 (7)TELECOMMUNICATIONS INDUSTRY COORDINATION.The office 1657 shall coordinate with the Florida Public Service Commission 1658 which shall encourage the Florida telecommunications industry to 1659 activate facility modification plans for timely emergency 1660 communications services E911 implementation. 1661 (8)COIN TELEPHONES.The Florida Public Service Commission 1662 shall establish rules to be followed by the telecommunications 1663 companies in this state designed toward encouraging the 1664 provision of coin-free dialing of 911 calls wherever 1665 economically practicable and in the public interest. 1666 (9)SYSTEM APPROVAL.No emergency communications number 1667 E911 system shall be established and no present system shall be 1668 expanded without prior approval of the office. 1669 (10)COMPLIANCE.All public agencies shall assist the 1670 office in their efforts to carry out the intent of this section, 1671 and such agencies shall comply with the developed plan. 1672 (11)FEDERAL ASSISTANCE.The secretary of the department or 1673 his or her designee may apply for and accept federal funding 1674 assistance in the development and implementation of a statewide 1675 emergency communications number E911 system. 1676 (12)CONFIDENTIALITY OF RECORDS. 1677 (a)Any record, recording, or information, or portions 1678 thereof, obtained by a public agency or a public safety agency 1679 for the purpose of providing services in an emergency and which 1680 reveals the name, address, telephone number, or personal 1681 information about, or information which may identify any person 1682 requesting emergency service or reporting an emergency by 1683 accessing an emergency communications E911 system is 1684 confidential and exempt from the provisions of s. 119.07(1) and 1685 s. 24(a), Art. I of the State Constitution, except that such 1686 record or information may be disclosed to a public safety 1687 agency. The exemption applies only to the name, address, 1688 telephone number or personal information about, or information 1689 which may identify any person requesting emergency services or 1690 reporting an emergency while such information is in the custody 1691 of the public agency or public safety agency providing emergency 1692 services. A telecommunications company or commercial mobile 1693 radio service provider shall not be liable for damages to any 1694 person resulting from or in connection with such telephone 1695 companys or commercial mobile radio service providers 1696 provision of any lawful assistance to any investigative or law 1697 enforcement officer of the State of Florida or political 1698 subdivisions thereof, of the United States, or of any other 1699 state or political subdivision thereof, in connection with any 1700 lawful investigation or other law enforcement activity by such 1701 law enforcement officer unless the telecommunications company or 1702 commercial mobile radio service provider acted in a wanton and 1703 willful manner. 1704 (b)Notwithstanding paragraph (a), a 911 public safety 1705 telecommunicator, as defined in s. 401.465, may contact any 1706 private person or entity that owns an automated external 1707 defibrillator who has notified the local emergency medical 1708 services medical director or public safety answering point of 1709 such ownership if a confirmed coronary emergency call is taking 1710 place and the location of the coronary emergency is within a 1711 reasonable distance from the location of the defibrillator, and 1712 may provide the location of the coronary emergency to that 1713 person or entity. 1714 Section 6.Paragraph (b) of subsection (2) of section 1715 365.174, Florida Statutes, is amended to read: 1716 365.174Proprietary confidential business information. 1717 (2) 1718 (b)The Department of Revenue may provide information 1719 relative to s. 365.172(9) to the Secretary of Management 1720 Services, or his or her authorized agent, or to the Emergency 1721 Communications E911 Board established in s. 365.172(5) for use 1722 in the conduct of the official business of the Department of 1723 Management Services or the Emergency Communications E911 Board. 1724 Section 7.This act shall take effect July 1, 2023.