Florida 2023 2023 Regular Session

Florida Senate Bill S1418 Analysis / Analysis

Filed 04/03/2023

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Regulated Industries  
 
BILL: SB 1418 
INTRODUCER:  Senator Bradley 
SUBJECT:  Emergency Communications 
DATE: April 3, 2023 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Schrader Imhof RI Pre-meeting 
2.     AEG   
3.     FP  
 
I. Summary: 
SB 1418 are to revises Florida law to support and reflect the transition from enhanced 911 
(E911) to Next Generation 911 (NG911) and to revise the composition, name, and duties of the 
current E911 Board. The bill also revises the distribution of revenue collected from a monthly 
fee to fund 911 services assessed on voice communications services in the state, removes county 
exceptions to the state’s uniform rate for this fee, and revises the expenditures that are eligible to 
be paid by revenue collected from this fee.  
 
The bill has an effective date of July 1, 2023. 
II. Present Situation: 
Division of Telecommunications 
The Division of Telecommunications (division) is created by s. 20.22, F.S., within Florida’s 
Department of Management Services (DMS).  The division is responsible for providing contracts 
for voice and data services to agency customers while also managing the state’s public safety 
communications. As part of its voice and data contract duties, the division oversees master 
contracts to provide telecommunications and technology service offerings. The division also, as 
part of these duties, handles invoicing and billing, streamlining processes.
1
 
 
In managing the state’s public safety communications, the “division manages the Statewide Law 
Enforcement Radio System (SLERS), provides operational assistance to the State E911 Board, 
and supports Florida’s Next Generation 911 efforts in partnership with local government 
entities.”
2
 
                                                
1
 Department of Management Services, Telecommunications, 
https://www.dms.myflorida.com/business_operations/telecommunications (last visited: Mar 29, 2023). 
2
 Id. 
REVISED:   BILL: SB 1418   	Page 2 
 
Florida E911 System 
Since 1973, the state of Florida, in conjunction with Florida’s counties, has funded technological 
advancements in statewide emergency number systems (i.e. 911 systems) for emergency 
communications between citizens and visitors and emergency services. Basic 911 service was 
established statewide in 1997. In 2005, wireline enhanced E911 service was implemented in all 
of Florida’s 67 counties to obtain a 911 caller’s telephone number and address. In 2007, 
Florida’s wireless 911 board transitioned to the E911 Board with the intent of implementing 
enhanced 911 services. Phase I of the enhanced services provided call back numbers and the 
location of cell sites utilized for making the call into 911, Phase II provided location information 
for the actual cellular caller. These enhancements were completed March 31, 2008. Currently, 
Florida’s counties are working on technical, funding, and deployment issues in an effort to 
provide statewide text-to-911 services.
3
 As of February 2023, 60 of Florida’s 67 counties offer 
text-to-911 service.
4
 
 
Division Management of the E911 System 
The division oversees the E911 system in Florida, and is required to develop, maintain, and 
implement appropriate modifications for a statewide emergency communications E911 system 
plan. The plan must provide for: 
 The public agency emergency communications requirements for each entity of local 
government
5
 in the state. 
 A system to meet specific local government requirements. Such system shall include law 
enforcement, firefighting, and emergency medical services and may include other emergency 
services such as poison control, suicide prevention, and emergency management services. 
 Identification of the mutual aid agreements necessary to obtain an effective E911 system. 
 A funding provision that identifies the cost necessary to implement the E911 system.
6
 
 
The division is responsible for the implementation and coordination of the plan, and must adopt 
any necessary rules and schedules related to public agencies
7
 for implementing and coordinating 
the plan, under the provisions of ch. 120, F.S.
8
 
 
Current Authorized Expenditures for E911 Funds 
Section 365.172, F.S., specifies the expenditures that may be made with E911 funds. Generally, 
all costs directly attributable to the establishment or provision of E911 service and contracting 
for E911 services are eligible. Specifically, these costs may include the acquisition, 
                                                
3
 Department of Management Services, Florida 911, 
https://www.dms.myflorida.com/business_operations/telecommunications/public_safety_communications/florida_911 (last 
visited: Mar. 29, 2023). 
4
 Florida E911 Board, 2022 Annual Report, 10, February 28, 2023 (available at: 
https://www.dms.myflorida.com/content/download/155677/1033501/20212022E911BoardAnnualReportVersionFINAL.pdf). 
5
 The term “local government” means any city, county, or political subdivision of the state and its agencies. 
Section 365.171(3)(b), F.S. 
6
 Section 365.171(4), F.S. 
7
 The term “public agency” means the state and any city, county, city and county, municipal corporation, chartered 
organization, public district, or public authority located in whole or in part within this state which provides, or has authority 
to provide, firefighting, law enforcement, ambulance, medical, or other emergency services. Section 365.171(3)(c), F.S. 
8
 Section 365.171(4), F.S.  BILL: SB 1418   	Page 3 
 
implementation, and maintenance of Public Safety Answering Point (PSAP) equipment and 
E911 service features, as defined in the providers’ published schedules, or the acquisition, 
installation, and maintenance of other E911 equipment, including:  
 Circuits;  
 Call answering equipment;  
 Call transfer equipment;  
 Automatic Number Identification (ANI) or Automatic Location Identification (ALI) 
controllers;  
 ANI or ALI displays;  
 Station instruments; 
 E911 telecommunications systems; 
 Visual call information and storage devices; 
 Recording equipment;  
 Telephone devices and other equipment for the hearing impaired used in the E911 system;  
 PSAP backup power systems;  
 Consoles;  
 Automatic call distributors, and interfaces, including hardware and software, for computer-
aided dispatch (CAD) systems;  
 Integrated CAD systems for that portion of the systems used for E911 call taking;  
 GIS system and software equipment and information displays; network clocks;  
 Salary and associated expenses for E911 call takers for that portion of their time spent taking 
and transferring E911 calls, salary, and associated expenses for a county to employ a full-
time equivalent E911 coordinator position and a full-time equivalent mapping or 
geographical data position, and technical system maintenance, database, and administration 
personnel for the portion of their time spent administrating the E911 system;  
 Emergency medical, fire, and law enforcement prearrival instruction software;  
 Charts and training costs;  
 Training costs for PSAP call takers, supervisors, and managers in the proper methods and 
techniques used in taking and transferring E911 calls;  
 Costs to train and educate PSAP employees regarding E911 service or E911 equipment, 
including fees collected by the Department of Health for the certification and recertification 
of 911 public safety telecommunicators as required under s. 401.465, F.S.; 
 Expenses required to develop and maintain all information, including ALI and ANI databases 
and other information source repositories, necessary to properly inform call takers as to 
location address, type of emergency, and other information directly relevant to the E911 call-
taking and transferring function; and 
 Next-generation E911 network services, next-generation E911 database services, next-
generation E911 equipment, and wireless E911 routing systems. 
 
E911 Board 
In 2007, the Florida Legislature established the E911 Board, which is composed of eleven 
members. The secretary of the DMS designates the chair of the E911 Board. The Governor 
appoints five members who are county 911 coordinators and five members from the  BILL: SB 1418   	Page 4 
 
telecommunications industry.
9
 The E911 Board “provides coordination, support, and technical 
assistance to counties to promote the deployment of advanced 911 and E911 systems.”
10
 The 
E911 Board also “provides coordination, technical and financial support for educational 
opportunities related to Florida's E911 issues for the 911 public safety communities.”
11
  
 
In addition to the above, one of the E911 Board’s primary functions is to administer funds 
generated from a monthly fee for voice communications services within the state (fee).
12
 Under 
s. 365.172(3)(cc), F.S., “voice communications services” means: 
 
Two-way voice service, through the use of any technology, which actually provides 
access to E911 services, and includes communications services, as defined in s. 202.11,
13
 
which actually provide access to E911 services and which are required to be included in 
the provision of E911 services pursuant to orders and rules adopted by the Federal 
Communications Commission. The term includes voice-over-Internet-protocol service 
[(VoIP)]… 
 
The fee is assessed on a service identifier basis (i.e., from each active phone line or number with 
access to the E911 system) and billed by the provider of the voice communication service. 
Sellers of prepaid wireless service must collect this fee from customers with each retail 
transaction in the state.
14
 
 
Section 365.172(8)(f), F.S., provides that, effective January 1, 2015, the fee is set uniformly 
across the state at 40 cents per month for each service identifier. However, in counties that, 
before July 1, 2007, had adopted an ordinance or resolution establishing a fee less than 50 cents 
per month per access line may maintain such rate. For such counties, any future changes to the 
rate may only be to the uniform 40-cent rate. Three counties have this higher rate for local 
exchange carriers (LECs): Duval (44 cents per month), Lee (44 cents per month), and Volusia 
(41 cents per month).
15
 
 
The E911 Board makes disbursements from the Emergency Communications Number E911 
System Trust Fund to county governments and wireless providers in accordance with s. 365.173, 
                                                
9
 Section 365.172(5)(b), F.S., and Department of Management Services, E911 Board, 
https://www.dms.myflorida.com/business_operations/telecommunications/public_safety_communications/florida_911/e911_
board (last visited Mar. 29, 2023). 
10
 Department of Management Services, E911 Board, supra note 9. 
11
 Id. 
12
 Regarding this fee, the E911 Board must also provide an annual report to the Governor and Legislature regarding the 
amounts collected and expended, the purposes for which expenditures have been made, and the status of Florida E911 
service. Section 365.172(5)(a), F.S. 
13
 Section 202.11, F.S., defines communications services, in part, as “the transmission, conveyance, or routing of voice, data, 
audio, video, or any other information or signals, including video services, to a point, or between or among points, by or 
through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter 
devised, regardless of the protocol used for such transmission or conveyance.”  
14
 Section 365.172(9), F.S. For prepaid wireless transactions which involve a “single, nonitemized price with a prepaid 
wireless service of 10 minutes or less or $5 or less,” the seller may choose not to collect the fee. 
15
 See Florida E911 Board, supra note 4, at 8, and infra Table 1.  BILL: SB 1418   	Page 5 
 
F.S. Table 1 below shows the most recent published E911 free revenue allocation percentages 
breakdown from the E911 Board’s 2022 annual report:
16
 
 
 
 
Currently, the E911 Board’s mission statement is to: 
 
Promote and support the development, coordination, and integration for an evolved, 
fully-functional, seamless [NG-199] system that is accessible anytime, anywhere, from 
any device in order to realize the full potential for 911 to provide emergency services, 
enable interoperability between systems, protect human life, preserve property, and 
maintain public safety for the residents, visitors, and first responders in the State of 
Florida. 
 
                                                
16
 Source: Florida E911 Board, 2022 Annual Report, 8, February 28, 2023 (available at: 
https://www.dms.myflorida.com/content/download/155677/1033501/20212022E911BoardAnnualReportVersionFINAL.pdf).     BILL: SB 1418   	Page 6 
 
Next Generation 911 
NG911 is a digital, internet protocol (IP)-based system that is intended to replace the nation’s 
analog 911 infrastructure that has been in place for decades.
17
 The National Telecommunications 
and Information Administration (NTIA), part of the United States Department of Commerce, 
states that fully-deploying NG911, “will enhance emergency number services by creating a 
faster, more resilient system that allows digital information (e.g., voice, photos, videos, text 
messages) to flow seamlessly from the public, through the 911 network and eventually, directly 
to first responders.” The technology will also, “enable 911 call centers to transfer 911 calls to 
other call centers, and help them deal with call overload, disasters, and day-to-day transfer of 911 
calls to other jurisdictions.”
18
 
 
Most 911 systems were originally built with analog instead of digital technologies. The transition 
from older, analog 911 technologies, to digital technologies requires new computer hardware and 
software, and the coordination of a variety of emergency communication, public safety, 
legislative and governing entities.
19
 
 
Many states and localities are in the process of making the transition to NG911. The National 
911 Program keeps a database of state self-reported NG911 data on NG911 progress. The 
National 911 Program provides that “the collection and use of data helps 911 systems plan for 
the future, benchmark against other states, measure progress on enhancing 911, and share 
important information with non-911 stakeholders such as legislators and [other] elected 
officials.”
20
 
 
Current Next Generation 911 Progress in Florida 
Florida’s counties continue to maintain their E911 systems; however, some counties have taken 
steps to transition to NG911 equipment and services. The E911 Board states that, “E911 monthly 
fee revenue disbursements to the counties support routine service and maintenance costs of E911 
equipment and networks, but often fall short of upgrading systems and implementing advanced 
[NG911] technologies, requiring additional financial assistance.”
21
 
 
Transitioning to NG911 in Florida requires the complete replacement of legacy 911 systems with 
IP networks and core services that will allow for geospatial 911 call routing. Counties in Florida 
have taken a regional approach to NG911 transition, which offers longer-term grant program 
assistance. Counties that have more financial resources have been starting the NG911 transition 
without grant or other supplemental funding sources and are also joining regional solutions. The 
E911 Board and DMS have been encouraging this regional solutions process and have been 
working closely with counties on how best to achieve NG911 through such regional solutions. 
The E911 Board has expressed some concern, however, that while regionalization provides some 
cost savings and flexibility, potential challenges to this regionalization may include procurement 
                                                
17
 911.gov, Next Generation 911, https://www.911.gov/issues/ng911/ (last visited Mar. 29, 2023). 
18
 National Telecommunications and Information Administration, Next Generation 911, https://ntia.gov/category/next-
generation-911 (last visited Mar. 29, 2023).  
19
 911.gov, Next Generation, supra note 17. 
20
 911.gov, 911 Profile Database, https://www.911.gov/projects/911-profile-database/. This page provides links to the 
database, along with a summarized version of the data in the National 911 Annual Report. 
21
 Florida E911 Board, supra note 4, at 10.  BILL: SB 1418   	Page 7 
 
and reaching agreement on jurisdictional control across boundaries. The E911 Board also 
expressed a number of additional challenges in progressing to NG911, including data readiness, 
cybersecurity, and funding.
22
 
 
Progress towards NG911 varies widely from county-to-county, with some Florida counties 
having taken no progressive action at all and others in differing stages of planning and transition. 
The E911 Board states that, in order to achieve NG911 on a statewide basis, they expect a 
comprehensive and flexible plan, with a detailed timeline, is need. Such a plan, “would 
accommodate potential changes in revenue sources, 911 fee adjustments, changes in the 
language of Florida legislation that reflect new technologies, changes in E911 Board 
composition and authority, and support of the Florida Legislature as it pertains to budget 
authority.”
23
 
III. Effect of Proposed Changes: 
Section 1 of the bill amends s. 365.172, F.S., to reflect a move away from using the term 
“Enhanced 911” (or “E911”) in statute. The section is renamed the “Emergency 
Communications Act” (act) and the bill removes most references to Enhanced 911 and E911. 
Similar revisions are also made to ss. 365.171 through 365.174, 365.177, and 212.05965, F.S. in 
the bill. 
 
The definitions provided in s. 365.172(3), F.S., which are also utilized in ss.  365.171, 365.173, 
365.174, and 365.177, F.S., are updated by the bill with conforming and technical changes. In 
addition, the bill makes the following revisions: 
 Providing a definition for “computer-aided dispatch” or “CAD” to mean “a computerized 
system for entering, tracking, dispatching, and resolving requests for public safety services.” 
 Re-naming “fee” to “public safety emergency communications systems fee (PSECS Fee).” 
 Defining “Next Generation 911” or “NG911” to mean “an Internet protocol (IP)-based 
system comprised of managed emergency services IP networks (ESInets), functional 
elements such as applications, and databases that replicate traditional E911 features and 
functions and provides additional capabilities.” The definition also provides that “the NG911 
system is designed to provide access to emergency services from all connected 
communications sources and provide multimedia data capabilities for public safety access 
points [(PSAPs)] and other emergency service organizations.” 
 
The bill modifies the statement of legislative intent in 365.172(2), F.S., to state that the act is 
intended to: 
 Establish and implement a comprehensive statewide emergency communications and 
response capability using modern technologies and methods.  
 Provide funds to counties and state agencies that operate 911 centers to pay costs associated 
with such counties’ and agencies’ public safety emergency response capabilities and costs 
incurred to purchase, upgrade, and maintain 911 systems, computer-aided dispatch, and 
systems to create interoperable radio communications systems.  
                                                
22
 Id. at 11. 
23
 Id. at 12.  BILL: SB 1418   	Page 8 
 
 Levy a reasonable fee on users of voice communications services, unless otherwise provided 
in this section, to accomplish these purposes. 
 Provide for an Emergency Communications Board (EC Board)
24
 to administer the fee, with 
oversight by the Division of Telecommunications (division), in a manner that is 
competitively and technologically neutral as to all communications services providers. 
 Ensure that the fee established for emergency communications systems is used exclusively 
by counties and state agencies that operate 911 centers for costs associated with developing 
and maintaining emergency communications systems and networks in a manner that is 
competitively and technologically neutral as to all communications services providers. 
 It is further the intent of the Legislature that the fee authorized or imposed by this section not 
necessarily provide the total funding required for establishing or providing emergency 
communications systems and services. 
 
The bill establishes new duties for the EC Board to: 
 Administer governance for how emergency infrastructure and information, such as voice, 
text, data, and images, are handled from receipt at a PSAP and routing to first responders; 
 Establish a financial model for the state and local governments to use existing revenue 
sources to invest in public safety communication and technology for first responders; and 
 Administer a financially sustainable model dedicated to public safety communications and 
technology which will benefit the state and local governments and all state residents and 
visitors. 
 
The EC Board’s public safety funding must focus on, but is not limited to: 
 NG911; 
 ESInet; 
 Computer-aided dispatch; 
 Interfaces, including: Land mobile radio; smart city technology data; and in-building 
coverage; 
 Public safety broadband networks; and 
 Cybersecurity. 
 
The EC Board is also restructured by the bill to have nine members (from previously having 11), 
all of which must be Florida residents. The secretary of the DMS continues to designate the chair 
of the EC Board and the Governor appoints the remaining members. In making selections for the 
EC Board, consideration must be given to having “members from rural, medium, and large 
counties and from a broad range of fields, including, but not limited to, members who have 
experience in law enforcement, fire response, emergency medical services, 911 coordination, 
public safety dispatch, and telecommunications.” The bill also updates how the Governor may 
initially appoint EC Board members, by staggering the terms the initial EC Board members’ 
terms. 
 
The bill also delegates to the EC Board the responsibility to ensure interoperability and 
connectivity between public safety communication systems, including, but not limited to: 
 Call routing accuracy and timeliness of response; 
                                                
24
 The bill renames the “E911 Board” to be the “Emergency Communications Board.”  BILL: SB 1418   	Page 9 
 
 Improved interagency communication and situational awareness; 
 Improved interagency system connectivity; 
 Improved response times; 
 Maximized use of emerging technologies;  
 Improved lifecycle management of the systems, equipment, and services that enable 
responders and public safety officials to share information securely; 
 Developed governance, policy, and procedure across public safety agencies; and 
 Established resilient and secure emergency communications systems to reduce cybersecurity 
threats and vulnerabilities. 
 
The bill also authorizes the EC Board to create advisory subcommittees and makes the EC Board 
responsible for administering the PSECS Fee—formerly known as the E911 fee. These 
responsibilities include receiving revenues; making disbursements; accounting for receipts, 
distributions, and income; and providing annual reports for review and submission to the 
Governor and the Legislature.  
 
Under the bill, the EC Board is authorized to establish a schedule for implementing wireless 
NG911 systems, public safety radio communications systems, and other public safety 
communications improvements. 
 
Revenues from the PSECS Fee are deposited into the Emergency Communications Fund (EC 
Fund). EC Fund disbursements are significantly reworked under the bill. The revised process 
provided in the bill requires that the EC Board provide 90 days’ written notice to all counties and 
state agencies that operate 911 centers and publish electronically an approved application 
process. Priority is based on funding availability, current system life expectancy, and system 
replacement needs. The EC Board must ensure that county recipients of funds only use such 
funds for under which they have been provided. The EC Board may use any actions under its 
authority to recover improperly used funds. 
 
In managing the EC Fund, the EC Board may also implement changes to the allocation 
percentages or adjust the PSECS Fee pursuant to s. 365.173, F.S. The bill also specifies that the 
EC Board must meet quarterly
25
 to review and authorize the schedule of PSECS Fee allocation 
transfers and distributions to the counties and state agencies that operate 911 centers.  
 
Current law requires that the EC Board establish a committee to review requests for proposals 
(RFPs). The bill eliminates that one member of the committee is a member of the EC Board that 
is a county 911 coordinator and one member of the committee is a member of the EC Board who 
represents a voice communications services provider.  
 
The bill removes the provision under current law that allows Duval (44 cents per month), Lee 
(44 cents per month), and Volusia (41 cents per month) counties to charge a PSECS Fee rate 
higher than the state uniform 40 cents per month PSECS Fee. The bill also deletes a provision 
that requires the EC Board, when setting percentages or contemplating any adjustments to the 
PSECS Fee, to consider revenues currently allocated for wireless service provider costs for 
                                                
25
 Under current law, the Board is directed to meet monthly.  BILL: SB 1418   	Page 10 
 
implementing E911 service and projected costs for implementing E911 service (including 
recurring costs for Phase I and Phase II and the effect of new technologies). 
 
In regards to the eligible expenditure of moneys derived from the PSECS Fee, the bill provides 
that emergency communications and 911 service includes the functions relating to the receipt 
and transfer of requests for emergency assistance, of database management, call taking, and 
location verification. The bill also revises s. 365.172(10), F.S., which provides the eligible 
expenditures for moneys derived from the PSECS Fee, and requires that these costs be 
attributable to emergency communications equipment and services related to a primary or 
secondary PSAP. The eligible expenditures, as revised under the bill, would include the 
acquisition, implementation, and maintenance of PSAP equipment and features, as defined in the 
providers’ published schedules or the acquisition, installation, and maintenance of other 
equipment, including:  
 Circuits; 
 Call answering equipment;  
 Call transfer equipment;  
 Automatic Number Identification (ANI) or Automatic Location Identification (ALI);  
 ANI or ALI displays;  
 Station instruments;  
 NG911 telecommunications systems;  
 ESInet;  
 Visual call information and storage devices;  
 Recording equipment;  
 Telephone devices and other equipment for the hearing impaired used in the E911 system; 
PSAP backup power systems;  
 Consoles;  
 Automatic call distributors;  
 Interfaces, including hardware and software, for CAD systems, for public safety land mobile 
radio systems and radio consoles that provide two-way radio communication with 
responders, and for in-building coverage;  
 GIS system and software equipment and information displays; network clocks;  
 Cybersecurity, including hardware, software, and services;  
 Salary and associated expenses for 911 call takers and emergency dispatchers, salary, and 
associated expenses for a county to employ a full-time equivalent 911 coordinator position 
and a full-time equivalent mapping or geographical data position, and technical system 
maintenance, database, and administration personnel for the portion of their time spent 
administrating the emergency communications system;  
 Emergency medical, fire, and law enforcement prearrival instruction software;  
 Charts and training costs; training costs for PSAP call takers, dispatchers, supervisors, and 
managers in the proper methods and techniques used in taking and transferring 911 calls; 
 Costs to train and educate PSAP employees regarding 911 and radio service or NG911 
equipment, including fees collected by the Department of Health for the certification and 
recertification of 911 public safety telecommunicators as required under s. 401.465, F.S.; and 
 Expenses required to develop and maintain all information, including ALI and ANI databases 
and other information source repositories, necessary to properly inform call takers as to 
location address, type of emergency, smart city technology data, public safety broadband  BILL: SB 1418   	Page 11 
 
networks, and other information directly relevant to the processing of a request for 
emergency assistance. 
 
The bill specifies that costs for utilities are not an eligible expenditure for moneys derived from 
the PSECS Fee. 
 
The bill makes additional conforming and technical revisions, and deletes obsolete provisions. 
 
Section 2 of the bill makes technical and conforming changes. This section of the bill also 
changes the statutory allocation of the EC Fund in the wireless category to provide that: 
 Ninety-four percent of the moneys in the EC Fund be distributed each month to counties 
(increased from seventy-six in current law), based on the total number of service identifiers 
in each county; and 
 One percent must be distributed each month to state agencies that operate 911 centers.  
 
The bill also removes an authorization that such moneys may be used for compliance with 
certain 911-service related rules and orders from the Federal Communications Commission 
(FCC).
26
 The bill maintains the provision in current law that such moneys may exclusively be 
used for the expenditures authorized in s. 365.172(10), F.S (as that subsection was amended by 
Section 1 of the bill). 
 
In addition, the bill maintains the provision in current law that three percent of the moneys in 
each of the three categories (wireless, nonwireless, and prepaid wireless) of the EC Fund must be 
used to make monthly distributions to rural counties for the purpose of providing facilities and 
network and service enhancements and assistance for the emergency communications systems 
operated by rural counties and for the provision of grants by the division to rural counties for 
upgrading and replacing emergency communications systems. The bill requires that an additional 
one percent of the moneys collected in the wireless category also be provided for this purpose. 
 
The bill also provides that the EC Board will no longer transfer twenty percent of the moneys in 
the wireless category of the EC Fund to wireless providers for the cost of operating 911 or E911 
services. 
 
Section 3 of the bill extends the date, from February 1, 2020, to December 30, 2023, by which 
the division is required to develop a plan to upgrade 911 public safety answering points. 
 
Sections 4, 5, and 6 make technical and conforming changes. 
                                                
26
 Specifically, pursuant to Section 365.172(3)(t), F.S., the rules and orders are those issued by the FCC in FCC Docket No. 
94-102: 
 Order adopted on June 12, 1996, with an effective date of October 1, 1996, the amendments to s. 47 CFR s. 20.03 and 
the creation of 47 CFR s. 20.18 adopted by the FCC pursuant to such order. 
 Memorandum and Order No. FCC 97-402 adopted on December 23, 1997. 
 Order No. FCC DA 98-2323 adopted on November 13, 1998. 
 Order No. FCC 98-345 adopted December 31, 1998. 
 
Also included are the orders and rules subsequently adopted by the FCC relating to the provision of 911 services, including 
Order Number FCC-05-116, adopted May 19, 2005.   BILL: SB 1418   	Page 12 
 
 
Section 7 provides an effective date for the bill of July 1, 2023. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
The Revenue Estimating Conference has not yet conducted an analysis of the bill.  
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
Under the bill, Duval and Lee counties (from 44 cents down to 40 cents per service 
identifier), and Volusia County (from 41 cents down to 40 cents per service identifier), 
will see a reduction in monthly public safety emergency communications systems fee 
(PSECS Fee) revenues from local exchange carriers (LECs). This will bring their PSECS 
fee rate amounts into alignment with the statewide 40-cent uniform rate. In its analysis of 
the bill, the Department of Management Services stated that the decrease in revenue for 
these counties will be mitigated by the increase of wireless and VoIP subscribers as LEC 
subscribers upgrade to newer technology.
27
 
B. Private Sector Impact: 
The bill eliminates the distribution of twenty percent of the moneys in the wireless 
category in the Emergency Communications Fund (EC Fund) to wireless providers for 
the cost of operating 911 or E911 services. Thus, the bill may have a negative financial 
impact on such wireless providers. 
                                                
27
 Florida Department of Management Services, Bill Analysis for SB 1418 (Mar. 17, 2023) (on file with the Senate Regulated 
Industries Committee).  BILL: SB 1418   	Page 13 
 
C. Government Sector Impact: 
The bill may increase revenues to state agencies that operate 911 call centers through the 
provision in the bill that directs one percent of the moneys in the wireless category of the 
EC Fund by distributed to state agencies that operate such centers. The bill may also 
increase revenues to local governments by increasing the allocation of funds from the 
wireless category of the EC Fund to counties from 76 percent to 94 percent. 
VI. Technical Deficiencies: 
The bill uses the term “smart city technology data,” but does not provide a definition for this 
term. The sponsor may want to include a definition for this term as this may not be a commonly 
used phrase and may be open to multiple interpretations.  
 
Also, line 708 of the bill changes a reference regarding adjustment of allocation percentages 
from paragraph (g) to paragraph (f). This may be incorrect as paragraph (f) does not discuss this 
concept. It appears the reference should remain as paragraph (g). 
VII. Related Issues: 
None. 
VIII. Statutes Affected: 
This bill substantially amends the following sections of the Florida Statutes: 365.172, 365.173, 
365.177, 212.05965, 365.171, and 365.174.   
 
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
None. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.