West's F.S.A. § 365.171
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Effective: May 24, 2007
West's Florida Statutes Annotated Currentness
Title XXVII. Railroads and Other Regulated Utilities (Chapters 350-368)
Chapter 365. Use of Telephones and Facsimile Machines (Refs & Annos)
365.171. Emergency communications number E911 state plan
(1) Short title.--This section may be cited as the “Florida Emergency Communications Number E911 State Plan Act.”
(2) Legislative intent.--It is the intent of the Legislature that the communications number “911” be the designated
emergency communications number. A public safety agency may not advertise or otherwise promote the use of any
communications number for emergency response services other than “911.” It is further the intent of the Legislature to
implement and continually update a cohesive statewide emergency communications number “E911” plan for enhanced 911 services which will provide citizens with rapid direct access to public safety agencies by accessing “911”
with the objective of reducing the response time to situations requiring law enforcement, fire, medical, rescue, and
other emergency services.
(3) Definitions.--As used in this section, the term:
(a) “Office” means the Technology Program within the Department of Management Services, as designated by the
secretary of the department.
(b) “Local government” means any city, county, or political subdivision of the state and its agencies.
(c) “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.
(d) “Public safety agency” means a functional division of a public agency which provides firefighting, law enforcement, medical, or other emergency services.
(4) State plan.--The office shall develop, maintain, and implement appropriate modifications for a statewide emergency communications E911 system plan. The plan shall provide for:
(a) The public agency emergency communications requirements for each entity of local government in the state.
(b) 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.
(c) Identification of the mutual aid agreements necessary to obtain an effective E911 system.
(d) A funding provision that identifies the cost necessary to implement the E911 system.
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The office shall be responsible for the implementation and coordination of such plan. The office shall adopt any
necessary rules and schedules related to public agencies for implementing and coordinating the plan, pursuant to
chapter 120.
(5) System director.--The secretary of the department or his or her designee is designated as the director of the
statewide emergency communications number E911 system and, for the purpose of carrying out the provisions of this
section, is authorized to coordinate the activities of the system with state, county, local, and private agencies. The
director in implementing the system shall consult, cooperate, and coordinate with local law enforcement agencies.
(6) Regional systems.-- This section does not prohibit or discourage the formation of multijurisdictional or regional
systems; and any system established pursuant to this section may include the jurisdiction, or any portion thereof, of
more than one public agency. It is the intent of the Legislature that E911 service be available throughout the state.
Expenditure by counties of the E911 fee authorized and imposed under s. 365.172 should support this intent to the
greatest extent feasible within the context of local service needs and fiscal capability. This section does not prohibit
two or more counties from establishing a combined emergency E911 communications service by an interlocal
agreement and using the fees authorized and imposed by s. 365.172 for such combined E911 service.
(7) Telecommunications industry coordination.--The office shall coordinate with the Florida Public Service
Commission which shall encourage the Florida telecommunications industry to activate facility modification plans for
timely E911 implementation.
(8) Coin telephones.--The Florida Public Service Commission shall establish rules to be followed by the telecommunications companies in this state designed toward encouraging the provision of coin-free dialing of “911” calls
wherever economically practicable and in the public interest.
(9) System approval.--No emergency communications number E911 system shall be established and no present
system shall be expanded without prior approval of the office.
(10) Compliance.--All public agencies shall assist the office in their efforts to carry out the intent of this section, and
such agencies shall comply with the developed plan.
(11) Federal assistance.--The secretary of the department or his or her designee may apply for and accept federal
funding assistance in the development and implementation of a statewide emergency communications number E911
system.
(12) Confidentiality of records.--Any record, recording, or information, or portions thereof, obtained by a public
agency or a public safety agency for the purpose of providing services in an emergency and which reveals the name,
address, telephone number, or personal information about, or information which may identify any person requesting
emergency service or reporting an emergency by accessing an emergency communications E911 system is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except that such record
or information may be disclosed to a public safety agency. The exemption applies only to the name, address, telephone
number or personal information about, or information which may identify any person requesting emergency services
or reporting an emergency while such information is in the custody of the public agency or public safety agency
providing emergency services. A telecommunications company or commercial mobile radio service provider shall not
be liable for damages to any person resulting from or in connection with such telephone company's or commercial
mobile radio service provider's provision of any lawful assistance to any investigative or law enforcement officer of
the State of Florida or political subdivisions thereof, of the United States, or of any other state or political subdivision
thereof, in connection with any lawful investigation or other law enforcement activity by such law enforcement officer
unless the telecommunications company or commercial mobile radio service provider acted in a wanton and willful
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manner.
CREDIT(S)
Laws 1974, c. 74-357, §§ 1 to 12, eff. July 1, 1974. Amended by Laws 1976, c. 76-272, §§ 1, 2, eff. June 27, 1976;
Laws 1980, c. 80-275, § 3, eff. July 1, 1980; Laws 1983, c. 83-334, § 38, eff. Oct. 1, 1983; Laws 1985, c. 85-317, § 1,
eff. Oct. 1, 1985; Laws 1987, c. 87-225, § 24; Laws 1987, c. 87-259, § 1, eff. July 2, 1987; Laws 1989, c. 89-264, § 1,
eff. July 3, 1989; Laws 1990, c. 90-305, § 3, eff. July 3, 1990; Laws 1990, c. 90-360, § 110, eff. July 7, 1990; Laws
1991, c. 91-100, § 1, eff. Oct. 1, 1991; Laws 1992, c. 92-279, § 297, eff. July 1, 1992; Laws 1993, c. 93-171, § 1, eff.
July 1, 1993; Laws 1996, c. 96-229, § 1, eff. May 25, 1996; Laws 1996, c. 96-406, § 168, eff. July 3, 1996; Laws 1998,
c. 98-276, § 1, eff. May 28, 1998; Laws 1998, c. 98-279, § 97, eff. June 30, 1998; Laws 1999, c. 99-399, § 50, eff. June
30, 1999; Laws 2000, c. 2000-334, § 10, eff. June 20, 2000; Laws 2001, c. 2001-71, § 1, eff. Oct. 1, 2001; Laws 2001,
c. 2001-133, § 1, eff. June 1, 2001; Laws 2001, c. 2001-266, § 106, eff. July 1, 2001; Laws 2005, c. 2005-171, § 3, eff.
July 1, 2005; Laws 2007, c. 2007-78, § 1, eff. May 24, 2007.
HISTORICAL AND STATUTORY NOTES
Amendment Notes:
Laws 1992, c. 92-326, § 55, amended § 339 of Laws 1992, c. 92-279, by changing the general effective date of the act
from Jan. 1, 1993, to July 1, 1992 (§§ 322 to 325 and 339 took effect upon the act becoming a law).
Laws 2007, c. 2007-105, § 14, provides:
“Unless otherwise specified in this act, the Department of Management Services, established in s. 20.22, Florida
Statutes, shall assume the duties and responsibilities of the State Technology Office as set forth in ss. 215.322(2),
282.102, 282.103, 282.104, 282.105, 282.106, 282.107, 282.1095, 282.111, 282.21, 282.22, 288.1092, 288.1093,
365.171, 365.172, and 365.173, Florida Statutes.’’
Prior Provisions for Legislative Review of Regulatory Statutes:
Laws 1976, c. 76-168, § 3, the Regulatory Reform Act of 1976, provided for the repeal of this chapter effective July 1,
1980. Laws 1980, c. 80-275, § 4, provided that notwithstanding the Regulatory Reform Act, this section is revived and
readopted.
Laws 1985, c. 85-317, § 2, which provided for repeal of subsec. (13) of this section on December 31, 1988, and review
by the legislature prior to that date, was repealed by Laws 1988, c. 88-231, § 1.
Laws 1990, c. 90-305, §§ 1 and 2 provide:
“Section 1. Task force committee on ‘911’ system.--There is hereby created within the Department of General Services an interim task force committee on ‘911’ to be known as the ‘911’ Emergency Telephone System Committee.
The committee shall be charged with reviewing and evaluating the ‘911’ telephone system with regards to its implementation and accessibility to the general population of Florida.
“Section 2. Membership; organization; meetings.-“(1) Composition.--The committee shall be composed of 23 members. The committee membership shall be appointed
as follows: the Governor shall appoint three members of the telephone communications industry; the Speaker of the
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House of Representatives shall appoint two members of the House, one of which shall be of the minority party; the
President of the Senate shall appoint two members of the Senate, one of which shall be a member of the minority party;
the Florida League of Cities shall appoint one member who shall be a city official; the Florida Association of Counties
shall appoint one member who shall be a county official; an accredited association representing consumer advocates
shall appoint two members; an accredited association representing emergency medical services shall appoint two
members; the Florida Public Service Commission shall appoint one member; the Department of General Services shall
appoint one member; the Florida Police Chiefs Association shall appoint one member; the Florida Fire Chiefs Association shall appoint one member; the Florida Sheriffs Association shall appoint one member; the Florida Chapter of
the American College of Emergency Physicians shall appoint one member; one member shall be a coordinator of a
‘911’ system; and one member shall be an Alarm Contractor I operating a central station within Florida. The Florida
Chapter of the Associated Public Safety Communications Officers shall appoint three members at least one of whom
shall be from a county with a fully operational enhanced ‘911’ system and at least one of whom shall be from a small
county which has a basic ‘911’ system. The members shall be appointed no later than October 1, 1990.
“(2) Organizational meeting.--Upon appointment of the members, the committee shall schedule an organizational
meeting to be held no later than November 1, 1990. Thereafter, the committee shall meet at least once a month at
various locations throughout the state.
“(3) Per Diem, Travel, and Staffing.--Members of the committee shall serve without compensation, but shall be entitled to receive reimbursement of per diem and traveling expenses consistent with the provisions of s. 112.061, Florida
Statutes. Members of the committee may request staff assistance from the Department of General Services as necessary.
“(4) Review and evaluation of the ‘911’ emergency telephone system in the state.--The committee shall conduct an
in-depth review and evaluation of the ‘911’ system and shall, in their review, analyze provisions of chapter 365,
Florida Statutes, as they relate to the ‘911’ system.
“(5) Operations review and evaluation.--The committee shall conduct an operations review and evaluation of the ‘911’
emergency telephone system in the following manner:
“(a) Assessment.--The committee may, in its discretion, conduct meetings, hearings, and workshops in Tallahassee
and at different locations around the state, and may take evidence, testimony, and argument at such meetings, hearings, and workshops which will enable the committee to:
“1. Conduct a review and evaluation of the overall ‘911’ system in Florida which shall include counties which are
currently operating a ‘911’ system and, specifically, counties which are not operating a ‘911’ system, ascertain reasons
why certain counties are not on a ‘911’ system, and make recommendations as to how they can get on the system.
“2. Examine and evaluate the procedures and methods of the Department of General Services, Division of Communications, all affected telephone companies, and all affected counties relating to their management of the ‘911’ system.
The committee shall examine and evaluate the aforementioned in the context of purposes, goals, and objectives regarding a unified ‘911’ system for the state.
“(b) Consideration of findings and recommendations.--Upon completing its review and evaluation of the ‘911’ system, the committee may meet further to consider its accomplishments in order that the committee may compile its
findings into legislative recommendations.
“(6) Interim and final report; termination of committee.--By January 31, 1991, the committee shall submit its interim
findings and recommendations in the form of a written report to the Governor, the Speaker of the House of Representatives, and the President of the Senate. The committee shall make a final report of its findings and recommenda-
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tions, which may include proposed legislation, to the Governor, the Speaker of the House of Representatives, and the
President of the Senate no later than March 1, 1991, at which time the committee shall cease to exist.”
Preamble (Laws 1990, c. 90-305):
“WHEREAS, Florida has approximately 12,891,200 people and approximately 7,457,850 telephone access lines
within the state, and whereas there are approximately 500,000 ‘911’ calls per month which makes it imperative that
emergency assistance to victims be provided in the most timely and efficient way, and
“WHEREAS, the telephone has become the most accessible means of instant communication in emergency situations
for police, fire, or rescue services, and
“WHEREAS, the Florida Legislature therefore decrees the need for an interim task force committee to be created to
review and evaluate the current ‘911’ emergency telephone system to determine if the current structure adequately
addresses the needs of Florida's growing population, NOW, THEREFORE.”
CROSS REFERENCES
911 public safety telecommunicator certification, see F.S.A. § 401.465.
LIBRARY REFERENCES
Telecommunications
266.
Westlaw Topic No. 372.
C.J.S. Telegraphs, Telephones, Radio, and Television § 258.
RESEARCH REFERENCES
Encyclopedias
Information Obtained in Emergency, FL Jur. 2d Records & Recording Acts § 112.
Purchase and Operation Telecommunication Devices for Deaf (TDDs) by Certain Public and Health Care Providers,
FL Jur. 2d Telecommunications § 45.
Enhanced 911 (“E911”) System or Service, FL Jur. 2d Telecommunications § 47.
Treatises and Practice Aids
22 Florida Practice Series § 5:4, Prohibited Interceptions--“Intercept”.
UNITED STATES CODE ANNOTATED
Wireless Communications and Public Safety Act of 1999, see 47 U.S.C.A. § 615 et seq.
NOTES OF DECISIONS
Confidentiality 2
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State agencies 1
1. State agencies
Division of Communications of the Department of General Services is not authorized to pay the “911” fee imposed by
counties for “911” emergency telephone services provided to state agencies, as such fee is in the nature of a tax from
which the state and its agencies are immune in the absence of an express legislative waiver of such immunity.
Op.Atty.Gen., 87-29, April 8, 1987.
2. Confidentiality
In complying with a request for public records, the Leon County Division of Emergency Management may delete that
portion of a “911” recording which is determined by a criminal justice agency to be active criminal investigative
information. Op.Atty.Gen. 95-48, Aug. 8, 1995.
While that portion of the voice recording which reveals the name, address, and telephone number of the person reporting an emergency or requesting assistance using a “911” number is exempt from disclosure, the public agency is
required to release the remainder of the voice recording once the exempt material has been deleted. Op.Atty.Gen.
90-43, May 24, 1990.
West's F. S. A. § 365.171, FL ST § 365.171
Current through Chapter 274 (End) of the 2010 Second Regular Session of the Twenty-First Legislature and Chapter
283 of the 2010 Special "A" Session of the Twenty-Second Legislature.
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END OF DOCUMENT
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