Action Packet — Energy, Communications & Cybersecurity Subcommittee (March 7, 2023)
Summary
Action packet for the Energy, Communications & Cybersecurity Subcommittee meeting of Tuesday, March 7, 2023, 12:45 pm to 3:45 pm, Reed Hall (102 HOB), with Mike Giallombardo listed as Chair. The committee meeting report summary lists HB 529 Favorable, HB 669 Favorable, HB 745 Favorable With Committee Substitute, with Amendment 357797 adopted without objection, and HB 7001 Favorable. For HB 529, Natural Gas Fuel Taxes, appearances include Jackson Oberlink, who waived in opposition, and Justin Thames of TECO Peoples Gas, who waived in support.
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“Action Packet — Energy, Communications & Cybersecurity Subcommittee (March 7, 2023).”
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Energy, Communications &
Cybersecurity Subcommittee
Tuesday, March 7, 2023
12:45 pm - 3:45 pm
Reed Hall (102 HOB)
Action Packet
Paul Renner Mike Giallombardo
Speaker Chair
COMMITTEE MEETING REPORT
Energy, Communications & Cybersecurity Subcommittee
3/7/2023 12:45PM
Location: Reed Hall (102 HOB)
Summary:
Energy, Communications & Cybersecurity Subcommittee
Tuesday March 07, 2023 12:45 pm
HB 529 Favorable Yeas: 17 Nays: O
HB 669 Favorable Yeas: 16 Nays: 0
HB 745 Favorable With Committee Substitute Yeas: 17 Nays: 0
Amendment 357797 Adopted Without Objection
HB 7001 Favorable Yeas: 17 Nays: 0
Committee meeting was reported out: Tuesday, March 07, 2023 6:41PM
Print Date: 03/07/2023 06:42 pm Leagis ® Page 1 of 9
COMMITTEE MEETING REPORT
Energy, Communications & Cybersecurity Subcommittee
3/7/2023 12:45PM
Location: Reed Hall (102 HOB)
Attendance:
Present Absent Excused
Mike Giallombardo (Chair) X
Daniel Alvarez X
Bruce Antone X
Daryl Campbell X
Jennifer Canady X
Michael Caruso X
Hillary Cassel X
Kevin Chambliss X
Charles Clemons, Sr. X
Wyman Duggan X
Juan Fernandez-Barquin X
Peggy Gossett-Seidman X
Philip Griffitts, Jr. X
Dotie Joseph X
Chip LaMarca X
Fiona McFarland X
William Robinson X
Bradford Yeager X
Totals: 17 0 1
Committee meeting was reported out: Tuesday, March 07, 2023 6:41PM
Print Date: 03/07/2023 06: 42 pm Leagis ® Page 2 of 9
COMMITTEE MEETING REPORT
Energy, Communications & Cybersecurity Subcommittee
3/7/2023 12:45PM
Location: Reed Hall (102 HOB)
HB 529 : Natural Gas Fuel Taxes
0 Favorable
Yea Nay No Vote Absentee Absentee
Yea Nay
Daniel Alvarez X
Bruce Antone X
Daryl Campbell X
Jennifer Canady X
Michael Caruso X
Hillary Cassel X
Kevin Chambliss X
Charles Clemons, Sr. X
Wyman Duggan X
Juan Fernandez-Barquin X
Peggy Gossett-Seidman X
Philip Griffitts, Jr. X
Dotie Joseph X
Chip LaMarca X
Fiona McFarland X
William Robinson X
Bradford Yeager X
Mike Giallombardo (Chair) X
Total Yeas: 17 Total Nays: 0
Appearances:
Oberlink, Jackson (Lobbyist) - Waive In Opposition
Florida Rising
Legislative Director - Florida For All
10800 Biscayne Blvd. Suite 1050
Miami, Florida 33161
Phone: 772-532-1371
Thames, Justin (Lobbyist) - Waive In Support
TECO Peoples Gas
Director, State Government Relations
106 E College Ave, Ste. 801
Tallahassee, Florida 32301
Phone: 850-528-2209
Doyle, Kevin (Lobbyist) (Lobbyist Appearance Form Submitted) - Waive In Support
Consumer Energy Alliance - Florida
Vice President, State Affairs
Po Box 24897
Jacksonville, Florida
Phone: 904-806-1714
Committee meeting was reported out: Tuesday, March 07, 2023 6:41PM
Print Date: 03/07/2023 06:42 pm Leagis ® Page 3 of 9
COMMITTEE MEETING REPORT
Energy, Communications & Cybersecurity Subcommittee
3/7/2023 12:45PM
Location: Reed Hall (102 HOB)
HB 529 : Natural Gas Fuel Taxes (continued)
Appearances: (continued)
Ballas, Erin (Lobbyist) - Waive In Support
Nation Waste and Recycling Association Florida Chapter
Lobbyist
730 E. Park Ave
Tallahassee, Florida 32301
Warwick, Joseph (Lobbyist) - Waive In Support
Associated Industries of Florida
Tallahassee, Florida 32301
Phone: 850-224-7173
Johnson, Carolyn (Lobbyist) - Waive In Support
Florida Chamber of Commerce
Vice President of Government Affairs
136 S. Bronaugh
Tallahassee, Florida 32301
Phone: 850-521-1200
Committee meeting was reported out: Tuesday, March 07, 2023 6:41PM
Print Date: 03/07/2023 06:42 pm Leagis ® Page 4 of 9
COMMITTEE MEETING REPORT
Energy, Communications & Cybersecurity Subcommittee
3/7/2023 12:45PM
Location: Reed Hall (102 HOB)
HB 669 : Resiliency Energy Environment Florida Programs
0 Favorable
Yea Nay No Vote Absentee Absentee
Yea Nay
Daniel Alvarez X
Bruce Antone X
Daryl Campbell X
Jennifer Canady X
Michael Caruso X
Hillary Cassel X
Kevin Chambliss X
Charles Clemons, Sr. X
Wyman Duggan X
Juan Fernandez-Barquin X
Peggy Gossett-Seidman X
Philip Griffitts, Jr. X
Dotie Joseph X
Chip LaMarca X
Fiona McFarland X
William Robinson X
Bradford Yeager X
Mike Giallombardo (Chair) X
Total Yeas: 16 Total Nays: 0
Appearances:
Ramba, David (Lobbyist) - Waive In Opposition
Florida PACE Funding Agency
120 S. Monroe St.
Tallahassee, Florida 32301
Phone: 850-727-7087
Bayliss, Slater (Lobbyist) (Lobbyist Appearance Form Submitted) - Waive In Support
Ygrene Energy Fund Florida, LLC
Partner
204 S. Monroe St.
Tallahassee, Florida
Phone: 850-222-8900
Burleson, Brad (Lobbyist) - Waive In Support
Renew Financial
201 E. Park Ave
Tallahassee, Florida 32301
Phone: 850-545-2219
Committee meeting was reported out: Tuesday, March 07, 2023 6:41PM
Print Date: 03/07/2023 06:42 pm Leagis ® Page 5 of 9
COMMITTEE MEETING REPORT
Energy, Communications & Cybersecurity Subcommittee
3/7/2023 12:45PM
Location: Reed Hall (102 HOB)
HB 669 : Resiliency Energy Environment Florida Programs (continued)
Appearances: (continued)
Scala, Jeff (Lobbyist) - Waive In Support
Florida Association of Counties
Senior Associate Director of Public Policy
100 S. Monroe St.
Tallahassee, Florida 32301
Phone: 850-487-0697
Committee meeting was reported out: Tuesday, March 07, 2023 6:41PM
Print Date: 03/07/2023 06:42 pm Leagis ® Page 6 of 9
COMMITTEE MEETING REPORT
Energy, Communications & Cybersecurity Subcommittee
3/7/2023 12:45PM
Location: Reed Hall (102 HOB)
HB 745 : Emergency Communications
0 Favorable With Committee Substitute
Yea Nay No Vote Absentee Absentee
Yea Nay
Daniel Alvarez X
Bruce Antone X
Daryl Campbell X
Jennifer Canady X
Michael Caruso X
Hillary Cassel X
Kevin Chambliss X
Charles Clemons, Sr. X
Wyman Duggan X
Juan Fernandez-Barquin X
Peggy Gossett-Seidman X
Philip Griffitts, Jr. X
Dotie Joseph X
Chip LaMarca X
Fiona McFarland X
William Robinson X
Bradford Yeager X
Mike Giallombardo (Chair) X
Total Yeas: 17 Total Nays: O
HB 745 Amendments
Amendment 357797
0 Adopted Without Objection
Appearances:
Amendment 357797
Ivey, Jeff (Lobbyist) - Waive In Support
DMS
Deputy Chief of Staff
4050 Esplande Way
Tallahassee, Florida 32311
Phone: 850-545-4693
Casey, Reed (Lobbyist) - Proponent
AT&T
Vice President - Governmental Affairs & Policy
150 N. Monroe St. Ste. 400
Tallahassee, Florida 32301
Phone: 850-591-6002
Committee meeting was reported out: Tuesday, March 07, 2023 6:41PM
Print Date: 03/07/2023 06:42 pm Leagis ® Page 7 of 9
COMMITTEE MEETING REPORT
Energy, Communications & Cybersecurity Subcommittee
3/7/2023 12:45PM
Location: Reed Hall (102 HOB)
HB 745: Emergency Communications (continued)
Appearances: (continued)
Amendment 357797
McKee, Bob (Lobbyist) - Information Only
Florida Association of Counties
Deputy Director of Public Policy
100 S. Monroe St.
Tallahassee, Florida 32308
Phone: 850-922-4300
Committee meeting was reported out: Tuesday, March 07, 2023 6:41PM
Print Date: 03/07/2023 06:42 pm Leagis ® Page 8 of 9
COMMITTEE MEETING REPORT
Energy, Communications & Cybersecurity Subcommittee
3/7/2023 12:45PM
Location: Reed Hall (102 HOB)
HB 7001: OGSR/Nationwide Public Safety Broadband Network
0 Favorable
Yea Nay No Vote Absentee Absentee
Yea Nay
Daniel Alvarez X
Bruce Antone X
Daryl Campbell X
Jennifer Canady X
Michael Caruso X
Hillary Cassel X
Kevin Chambliss X
Charles Clemons, Sr. X
Wyman Duggan X
Juan Fernandez-Barquin X
Peggy Gossett-Seidman X
Philip Griffitts, Jr. X
Dotie Joseph X
Chip LaMarca X
Fiona McFarland X
William Robinson X
Bradford Yeager X
Mike Giallombardo (Chair) X
Total Yeas: 17 Total Nays: o
Appearances:
Reed, Casey (Lobbyist) - Proponent
AT&T
Vice President
150 N. Monroe St. Ste. 400
Tallahassee, Florida 32301
Phone: 850-591-6002
Committee meeting was reported out: Tuesday, March 07, 2023 6:41PM
Print Date: 03/07/2023 06:42 pm Leagis ® Page 9 of 9
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION / (u'N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Energy, Communications &
2 Cybersecurity Subcommittee
3 Representative McFarland offered the following:
4
5 Amendment
6 Remove everything after the enacting clause and insert:
7 Section 1. Section 365.172, Florida Statutes, is amended
8 to read:
9 365.172 Emergency communications...:.. number 11 E911. 11
10 (1) SHORT TITLE.-This section may be cited as the
11 "Emergency Communications ~Jumber E911 Act."
12 (2) LEGISLATIVE INTENT.-It is the intent of the
13 Legislature to:
14 (a) Establish and implement a comprehensive statewide
15 emergency communications and response capability using modern
16 technologies and methods. telecofflffiU.nications number systeffl that
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
17 will provide users of voice COfflfffi.mications services within the
18 state rapid direct access to public safety agencies by accessing
19 the telephone nufflber "911."
20 (b) Provide funds to counties and state agencies that
21 operate 911 centers to pay certain costs associated with their
22 public safety emergency response capabilities and costs incurred
23 to purchase, upgrade, and maintain 911 systems, computer aided
24 dispatch, and systems to create interoperable radio
25 communications systems E911 or 911 systeffls, to contract for E911
26 services, and to reifflburse wireless telephone service provider □
27 for costs incurred to provide 911 or E911 services.
28 (c) Levy a reasonable fee on users of voice communications
29 services, unless otherwise provided in this section, to
30 accomplish these purposes.
31 (d) Provide for an Emergency Communications Board E-9-H
32 board to administer the fee, with oversight by the office, in a
33 manner that is competitively and technologically neutral as to
34 all voice communications services providers.
35 (e) Ensure that the fee established for emergency
36 communications systems is used exclusively for recovery by
37 wireless providers and by counties and state agencies that
38 operate 911 centers for costs associated with developing and
39 maintaining emergency communications E-9-H systems and networks
40 in a manner that is competitively and technologically neutral as
41 to all voice communications services providers.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
42
43 It is further the intent of the Legislature that the fee
44 authorized or imposed by this section not necessarily provide
45 the total funding required for establishing or providing
46 emergency communications systems and services E911 service.
47 (3) DEFINITIONS.-Only as used in this section and ss.
48 365.171, 365.173, 365.174, and 365.177, the term:
49 (a) "Authorized expenditures" means expenditures of the
50 fee, as specified in subsection (10).
51 (b) "Automatic location identification" means the
52 capability of the E911 service which enables the automatic
53 display of information that defines the approximate geographic
54 location of the wireless telephone, or the location of the
55 address of the wireline telephone, used to place a 911 call.
56 (c) "Automatic number identification" means the capability
57 of the E911 service which enables the automatic display of the
58 service number used to place a 911 call.
59 (d) "Board" or "Emergency Communications Board" 11 E911
60 Board" means the board of directors of the E911 Board
61 established in subsection (5).
62 (e) "Building permit review" means a review for compliance
63 with building construction standards adopted by the local
64 government under chapter 553 and does not include a review for
65 compliance with land development regulations.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
66 (f) "Collocation" means the situation when a second or
67 subsequent wireless provider uses an existing structure to
68 locate a second or subsequent antennae. The term includes the
69 ground, platform, or roof installation of equipment enclosures,
70 cabinets, or buildings, and cables, brackets, and other
71 equipment associated with the location and operation of the
72 antennae.
73 (g) "Computer Aided Dispatch" or "CAD" means a
74 computerized system for entering, tracking, dispatching, and
75 resolving requests for public safety services.
76 (h)-½ff- "Designed service" means the configuration and
77 manner of deployment of service the wireless provider has
78 designed for an area as part of its network.
79 (i)--Hrt- "Enhanced 911" or "E911" means an enhanced 911
80 system or enhanced 911 service that is an emergency telephone
81 system or service that provides a subscriber with 911 service
82 and, in addition, directs 911 calls to appropriate public safety
83 answering points by selective routing based on the geographical
84 location from which the call originated, or as otherwise
85 provided in the state plan under s. 365.171, and that provides
86 for automatic number identification and automatic location-
87 identification features. 911 E-9±±- service provided by a wireless
88 provider means E911 as defined in the order.
89 ill-f-i-t- "Existing structure" means a structure that exists
90 at the time an application for permission to place antennae on a
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
91 structure is filed with a local government. The term includes
92 any structure that can structurally support the attachment of
93 antennae in compliance with applicable codes.
94 (k)-fj+ "Fee" or "public safety emergency communications
95 systems fee" means the E-9-H fee authorized and imposed under
96 subsections (8) and (9).
97 (1)-fk-t- "Fund" means the Emergency Communications Humber
98 E911 System Fund established ins. 365.173 and maintained under
99 this section for the purpose of recovering the costs associated
100 with providing emergency communications 911 service or E911
101 service, including the costs of implementing the order. The fund
102 shall be segregated into wireless, prepaid wireless, and
103 nonwireless categories.
104 (m)+B- "Historic building, structure, site, object, or
105 district" means any building, structure, site, object, or
106 district that has been officially designated as a historic
107 building, historic structure, historic site, historic object, or
108 historic district through a federal, state, or local designation
109 program.
110 (n)-fmt- "Land development regulations" means any ordinance
111 enacted by a local government for the regulation of any aspect
112 of development, including an ordinance governing zoning,
113 subdivisions, landscaping, tree protection, or signs, the local
114 government's comprehensive plan, or any other ordinance
115 concerning any aspect of the development of land. The term does
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
116 not include any building construction standard adopted under and
117 in compliance with chapter 553.
118 (o)-W "Local exchange carrier" means a "competitive local
119 exchange telecommunications company" or a "local exchange
120 telecommunications company" as defined ins. 364.02.
121 (p)-fe-t- "Local government" means any municipality, county,
122 or political subdivision or agency of a municipality, county, or
123 political subdivision.
124 (q)½-}-- "Medium county" means any county that has a
125 population of 75,000 or more but less than 750,000.
126 J.!.l+Etl- "Mobile telephone number" or "MTN" means the
127 telephone number assigned to a wireless telephone at the time of
128 initial activation.
129 ( s) "Next Generation 911" or "NG911" means an Internet
130 Protocol(IP)-based system comprised of managed Emergency
131 Services IP networks (ESinets), functional elements
132 (applications), and databases that replicate traditional E911
133 features and functions and provides additional capabilities. The
134 NG911 system is designed to provide access to emergency services
135 from all connected communications sources and provide multimedia
136 data capabilities for Public Safety Answering Points (PSAPs) and
137 other emergency service organizations.
138 (t)-f.r+- "Nonwireless category" means the revenues to the
139 fund received from voice communications services providers other
140 than wireless providers.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
141 (u)+s+ "Office" means the Division of Telecommunications
142 within the Department of Management Services, as designated by
143 the secretary of the department.
144 (v)-f-E.+ "Order" means:
145 1. The following orders and rules of the Federal
146 Communications Commission issued in FCC Docket No. 94-102:
147 a. Order adopted on June 12, 1996, with an effective date
148 of October 1, 1996, the amendments to s. 20.03 and the creation
149 of s. 20.18 of Title 47 of the Code of Federal Regulations
150 adopted by the Federal Communications Commission pursuant to
151 such order.
152 b. Memorandum and Order No. FCC 97-402 adopted on December
153 23, 1997.
154 c. Order No. FCC DA 98-2323 adopted on November 13, 1998.
155 d. Order No. FCC 98-345 adopted December 31, 1998.
156 2. Orders and rules subsequently adopted by the Federal
157 Communications Commission relating to the provision of 911
158 services, including Order Number FCC-05-116, adopted May 19,
159 2005.
160 (w)-fw "Prepaid wireless category" means all revenues in
161 the fund received through the Department of Revenue from the fee
162 authorized and imposed under subsection (9).
163 (x)-f-¥1- "Prepaid wireless service" means a right to access
164 wireless service that allows a caller to contact and interact
165 with 911 to access the 911 system, which service must be paid
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
166 for in advance and is sold in predetermined units or dollars,
167 which units or dollars expire on a predetermined schedule or are
168 decremented on a predetermined basis in exchange for the right
169 to access wireless service.
170 (y)-fw+- "Public agency" means the state and any
171 municipality, county, municipal corporation, or other
172 governmental entity, public district, or public authority
173 located in whole or in part within this state which provides, or
174 has authority to provide, firefighting, law enforcement,
175 ambulance, medical, or other emergency services.
176 (z)~ "Public safety agency" means a functional division
177 of a public agency which provides firefighting, law enforcement,
178 medical, or other emergency services.
179 (aa)-f:tt- "Public safety answering point," "PSAP, 11 or
180 "answering point" means the public safety agency that receives
181 incoming 911 requests for assistance and dispatches appropriate
182 public safety agencies to respond to the requests in accordance
183 with the state E911 plan.
184 (bb)~ "Rural county" means any county that has a
185 population of fewer than 75,000.
186 (cc)+aa+- "Service identifier" means the service number,
187 access line, or other unique identifier assigned to a subscriber
188 and established by the Federal Communications Commission for
189 purposes of routing calls whereby the subscriber has access to
190 the E911 system.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
191 (dd)-fbbt- "Tower" means any structure designed primarily to
192 support a wireless provider's antennae.
193 (ee)-f-eet- "Voice communications services" means two-way
194 voice service, through the use of any technology, which actually
195 provides access to 911 E9-H- services, and includes
196 communications services, as defined ins. 202.11, which actually
197 provide access to 911 E9-H- services and which are required to be
198 included in the provision of 911 E9-H- services pursuant to
199 orders and rules adopted by the Federal Communications
200 Commission. The term includes voice-over-Internet-protocol
201 service. For the purposes of this section, the term "voice-over-
202 Internet-protocol service" or "VoIP service" means
203 interconnected VoIP services having the following
204 characteristics:
205 1. The service enables real-time, two-way voice
206 communications;
207 2. The service requires a broadband connection from the
208 user's locations;
209 3. The service requires IP-compatible customer premises
210 equipment; and
211 4. The service offering allows users generally to receive
212 calls that originate on the public switched telephone network
213 and to terminate calls on the public switched telephone network.
214 (ff)-fea+- "Voice communications services provider" or
215 "provider" means any person or entity providing voice
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
216 communications services, except that the term does not include
217 any person or entity that resells voice communications services
218 and was assessed the fee authorized and imposed under subsection
219 (8) by its resale supplier.
220 (gg)-fee+ "Wireless 911 system" or "wireless 911 service"
221 means an emergency telephone system or service that provides a
222 subscriber with the ability to reach an answering point by
223 accessing the digits 911.
224 (hh)~ "Wireless category" means the revenues to the
225 fund received from a wireless provider from the fee authorized
226 and imposed under subsection (8).
227 (ii)~ "Wireless communications facility" means any
228 equipment or facility used to provide service and may include,
229 but is not limited to, antennae, towers, equipment enclosures,
230 cabling, antenna brackets, and other such equipment. Placing a
231 wireless communications facility on an existing structure does
232 not cause the existing structure to become a wireless
233 communications facility.
234 J.iil-fhht- "Wireless provider" means a person who provides
235 wireless service and:
236 1. Is subject to the requirements of the order; or
237 2. Elects to provide wireless 911 service~ er E911
238 service, or NG911 service in this state.
239 (kk)-f-i-4-t- "Wireless service" means "commercial mobile radio
240 service" as provided under ss. 3 (27) and 332 (d) of the Federal
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
241 Telecommunications Act of 1996, 47 U.S.C. ss. 151 et seq., and
242 the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-
243 66, August 10, 1993, 107 Stat. 312. The term includes service
244 provided by any wireless real-time two-way wire communication
245 device, including radio-telephone communications used in
246 cellular telephone service; personal communications service; or
247 the functional or competitive equivalent of a radio-telephone
248 communications line used in cellular telephone service, a
249 personal communications service, or a network radio access line.
250 The term does not include wireless providers that offer mainly
251 dispatch service in a more localized, noncellular configuration;
252 providers offering only data, one-way, or stored-voice services
253 on an interconnected basis; providers of air-to-ground services;
254 or public coast stations.
255 (4) POWERS AND DUTIES OF THE OFFICE.-The office shall
256 oversee the administration of the fee authorized and imposed
257 under subsections (8) and (9).
258 (5) THE EMERGENCY COMMUNICATIONS B-9-±-±- BOARD.-
259 (a) The Emergency Communications B-9-±-±- Board is established
260 to administer, with oversight by the office, to:
261 1. Administer governance for how emergency infrastructure
262 and information, such as voice, text, data, and images, are
263 handled from receipt at a PSAP and routing to first responders;
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
264 2. Establish a financial model for the state and local
265 governments to use existing revenue sources to invest in public
266 safety communication and technology for first responders; and
267 3. Administer a financially sustainable model dedicated to
268 public safety communications and technology that will benefit
269 the state and local governments and all state residents and
270 visitors.
271 (b) Public safety funding under paragraph (a) must focus
272 on, but not be limited to:
273 1. Next Generation 911.
274 2. Emergency Services IP Network (ESinet).
275 3. Computer Aided Dispatch (CAD).
276 4. Interfaces
277 a. Land Mobile Radio (LMR).
278 b. Smart City Technology.
279 c. In-Building Coverage.
280 5. Public Safety Broadband Networks.
281 6. Cyber Security.
282 , with oversight by the office, the fee imposed under
283 subsections (8) and (9), including receiving revenues derived
284 from the fee; distributing portions of the revenue □ to wireless
285 providers, counties, and the office; accounting for receipts,
286 distributions, and income derived by the funds maintained in the
287 fund, and providing annual reports to the Governor and the
288 Legislature for submission by the office on amounts collected
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
289 and mepended, the purposes for ·which eJEpenditures hav=e been
290 made, and the status of B911 service in this state. In order to
291 advise and assist the office in implementing the purposes of
292 this section, the board, which has the power of a body
293 corporate, has the powers enumerated in subsection (6).
294 (c)-fb+- The board shall consist of 9 -1-± members, one of
295 whom must be the system director designated under s. 365.171(5),
296 or his or her designee, who shall serve as the chair of the
297 board. The remaining~ -1-9- members of the board shall be
298 appointed by the Governor. All members shall be Florida
299 residents. Consideration should be given for members from rural,
300 medium, and large counties and from a broad range of fields
301 including, but not limited to, experience in law enforcement,
302 fire response, emergency medical services, 911 coordination,
303 public safety dispatch, and telecommunications and must be
304 composed of 5 county 911 coordinators, consisting of a
305 representative from a rural county, a representative from a
306 medium county, a representative from a large county, and 2 at
307 large representatives recommended by the Florida Association of
308 Counties in consultation with the county 911 coordinators; 3
309 local meehange carrier member representatives, one of whom must
310 be a representative of the local eJcchange carrier having the
311 greatest number of access lines in the state and one of whom
312 must be a representative of a certificated competitive local
313 meehange telecommunications company, and 2 member
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Amendment No. 1
314 representatives from the wireless telecofflfflunications industry,
315 with consideration given to wireless providers that are not
316 affiliated with local exchange carriers. Not more than one
317 mefflf)er may be appointed to represent any single provider on the
318 board.
319 (d)-f-e+- The system director, designated under s.
320 365.171(5), or his or her designee, must be a permanent member
321 of the board. Each of the remaining 8 M members of the board
322 shall be appointed to a 4-year term and may not be appointed to
323 more than two successive terms. However, for the purpose of
324 staggering terms, three -t-we of the original board members shall
325 be appointed to terms of 4 years, three -t-we shall be appointed
326 to terms of 3 years, and two .f.e-ur shall be appointed to terms of
327 2 years, as designated by the Governor. A vacancy on the board
328 shall be filled in the same manner as the original appointment.
329 (e) The board shall be responsible for ensuring
330 interoperability of and connectivity between public safety
331 communication systems within the state, including, but not
332 limited to, the following:
333 1. Call routing accuracy and timeliness of response.
334 2. Improved interagency communication and situational
335 awareness.
336 3. Improved interagency system connectivity.
337 3. Improved response times.
338 4. Maximized use of emerging technologies.
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339 5. Improved lifecycle management of the systems,
340 equipment, and services that enable responders and public safety
341 officials to share information securely.
342 6. Developed governance, policy, and procedure across
343 public safety agencies.
344 7. Established resilient and secure emergency
345 communication systems to reduce cybersecurity threats and
346 vulnerabilities.
347 (f) The board shall administer the fee imposed under
348 subsections (8) and (9), including receiving revenues derived
349 from the fee; distributing portions of the revenues to counties,
350 state agencies that operate 911 centers, and the office;
351 accounting for receipts, distributions, and income derived by
352 the funds maintained in the fund; and providing annual reports
353 for review and submission to the Governor and the Legislature on
354 amounts collected and expended, the purposes for which
355 expenditures have been made, and the status of emergency
356 communications services in this state.
357 (g) The board may create subcommittees to advise the
358 board, as needed.
359 (6) AUTHORITY OF THE BOARD; ANNUAL REPORT.-
360 (a) The board shall:
361 1. Administer the public safety emergency communications
362 systems B-9-H fee.
363 2. Implement, maintain, and oversee the fund.
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Bill No. HB 745 (2023)
Amendment No. 1
364 3. Review and oversee the disbursement of the revenues
365 deposited into the fund as provided ins. 365.173.
366 a. The board may establish a schedule for implementing
367 wireless NG911 systems, public safety radio communications
368 systems, and other public safety communications improvements
369 E911 oerviee by oerviee area, and prioritize disbursements of
370 revenues from the fund to provider □ and rural counties as
371 provided ins. 365.173(2)(f) o. 365.173(2)(e) and (g) pursuant
372 to the schedule, in order to implement 911 E-9-H services in the
373 most efficient and cost-effective manner.
374 b. The board shall provide 90 days' written notice to all
375 counties and state agencies that operate 911 centers and publish
376 electronically an approved application process. Applications
377 shall be prioritized based on the availability of funds, current
378 system life expectancy, and system replacement needs. The board
379 shall .take all actions within its authority to ensure that
380 county recipients of such funds use these funds only for the
381 purpose under which they have been provided and may take any
382 actions within its authority to secure county repayment of
383 revenues upon a determination that the funds were not used for
384 the purpose for which the funds were dispersed.
385 b. Revenue □ in the fund whieh have not been disbursed
386 beeauoe sworn invoieeo ao required by o. 365.173(2) (e) have not
387 been submitted to the board may be used by the board ao needed
388 to provide grants to counties for the purpose of upgrading E911
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Bill No. HB 745 (2023)
Amendment No. 1
389 systems. The counties must use the funds only for capital
390 expenditures or remotely provided hooted 911 answering point
391 call taking equipment and network services directly attributable
392 to establishing and provisioning E911 services, which may
393 include neJct generation deployment. Prior to the distribution of
394 grants, the board shall provide 90 dayo 1 written notice to all
395 counties and publish electronically an approved application
396 process. County grant applications shall be prioriti~ed based on
397 the availability of funds, current system life eJcpectancy,
398 system replacement needs, and Phase I I compliance per the
399 Federal Cofflfflunicationo Cofflffli □ oion. Ho grants will be available
400 to any county for nmct generation deployment until all counties
401 are Phase I I complete. The board shall take all actions within
402 its authority to ensure that county recipients of ouch grants
403 use these funds only for the purpose under which they have been
404 provided and may take any actions within its authority to secure
405 county repayment of grant revenues upon determination that the
406 funds were not used for the purpose under .,.,.hich they were
407 provided.
408 c. When determining the funding provided in a state 911
409 grant application request, the board shall take into account
410 information on the amount of carryforward funds retained by the
411 counties. The information will be based on the amount of county
412 carryforward funds reported in the financial audit required in
413 o. 365.173(2) (d). E911 State Grant Program funding requests will
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Amendment No. 1
414 be limited by any county carryforward funds in mecess of the
415 allowable 30 percent amount of fee revenue calculated on a 2
416 year basis.
417 d. The board shall reimburse all costs of a wireless
418 provider in accordance withs. 365.173(2) (e) before taking any
419 action to transfer additional funds.
420 e. After taking the action required in sub subparagraph □
421 a. d., the board may review and, with all members participating
422 in the vote, adjust the percentage allocations or adjust the
423 amount of the fee as provided under paragraph (8) (g), and, if
424 the board determines that the revenues in the wireless category
425 meceed the amount needed to reimburse wireless providers for the
426 cost to implement E911 services, the board may transfer revenue
427 to the counties from the existing funds within the wireless
428 category. The board shall disburse the funds equitably to all
429 counties using a timeframe and distribution methodology
430 established by the board.
431 4. Review documentation submitted by wireless providers
432 which reflects current and projected funds derived from the fee.
433 , and the expenses incurred and expected to be incurred in order
434 to comply with the E911 service requirements contained in the
435 order for the purposes of:
436 a. Ensuring that wireless providers receive fair and
437 equitable distributions of funds from the fund.
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438 b. Ensuring that wireless providers are not provided
439 disbursements from the fund which exceed the costs of providing
440 E911 service, including the costs of complying with the order.
441 c. Ascertaining the projected costs of compliance with the
442 requirements of the order and projected collections of the fee.
443 d. Implementing changes to the allocation percentages or
444 adjusting the fee under paragraph (8) (h).
445 5. Implement changes to the allocation percentages or
446 adjust the fee pursuant to s. 365.173.
447 6.-5--:- Meet quarterly monthly in the most efficient and
448 cost-effective manner, including telephonically when practical,
449 for the business to be conducted, to review and authorize the
450 schedule of fee allocation transfer and distribution to the
451 counties and state agencies that operate 911 centers approve or
452 reject, in whole or in part, applications submitted by wireless
453 providers for recovery of moneys deposited into the wireless
454 category, and to authorize the transfer of, and distribute, the
455 fee allocation to the counties.
456 7.6-:- Hire and retain employees, which may include an
457 independent executive director who shall possess experience in
458 the area of telecommunications and emergency 911 issues, for the
459 purposes of performing the technical and administrative
460 functions for the board.
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461 8.!7--:- Make and enter into contracts, pursuant to chapter
462 287, and execute other instruments necessary or convenient for
463 the exercise of the powers and functions of the board.
464 9.-8-;- Sue and be sued, and appear and defend in all actions
465 and proceedings, in its corporate name to the same extent as a
466 natural person.
467 10.-9-:-- Adopt, use, and alter a common corporate seal.
468 11.-1:-e-:- Elect or appoint the officers and agents that are
469 required by the affairs of the board.
470 12.H-:- The board may adopt rules under ss. 120.536(1) and
471 120.54 to implement this section and ss. 365.173 and 365.174.
472 13.~ Provide coordination, support, and technical
473 assistance to counties to promote the deployment of advanced
474 public safety emergency communications 911 and E911 systems in
475 the state.
476 14.-1-3-:- Provide coordination and support for educational
477 opportunities related to 911 B-9-H issues for the public safety
478 emergency communications B-9-H community in this state.
479 15.-14-:- Act as an advocate for issues related to public
480 safety emergency communications B-9-H system functions, features,
481 and operations to improve the delivery of public safety
482 emergency communications B-9-H services to the residents of and
483 visitors to this state.
484 16.-1-5-:- Coordinate input from this state at national forums
485 and associations, to ensure that policies related to public
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Amendment No. 1
486 safety emergency communications B9H systems and services are
487 consistent with the policies of the public safety emergency
488 communications B9H community in this state.
489 17.~ Work cooperatively with the system director
490 established ins. 365.171(5) to enhance the state of public
491 safety emergency communications B9H services in this state and
492 to provide unified leadership for all public safety emergency
493 communications B9H issues through planning and coordination.
494 18.H-:- Do all acts and things necessary or convenient to
495 carry out the powers granted in this section in a manner that is
496 competitively and technologically neutral as to all voice
497 communications services providers, including, but not limited
498 to, consideration of emerging technology and related cost
499 savings, while taking into account embedded costs in current
500 systems.
501 19.±-8-:- Have the authority to secure the services of an
502 independent, private attorney via invitation to bid, request for
503 proposals, invitation to negotiate, or professional contracts
504 for legal services already established at the Division of
505 Purchasing of the Department of Management Services.
506 (b) Board members shall serve without compensation;
507 however, members are entitled to per diem and travel expenses as
508 provided ins. 112.061.
509 (c) By February 28 of each year, the board shall prepare a
510 report for submission by the office to the Governor, the
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Amendment No. 1
511 President of the Senate, and the Speaker of the House of
512 Representatives which addresses for the immediately preceding
513 state fiscal year and county fiscal year:
514 1. The annual receipts, including the total amount of fee
515 revenues collected by each provider, the total disbursements of
516 money in the fund, including the amount of fund reimbursed
517 mcpenses incurred by each wireless provider to comply with the
518 order, and the amount of moneys on deposit in the fund.
519 2. Whether the amount of the fee and the allocation
520 percentages set forth ins. 365.173 have been or should be
521 adjusted to comply with the requirements of the order or other
522 provisions of this chapter, and the reasons for making or not
523 making a recommended adjustment to the fee.
524 3. Any other issues related to providing emergency
525 communications B-9-H- services.
526 4. The status of public safety emergency communications
527 B-9-H- services in this state.
528 (7) REQUEST FOR PROPOSALS FOR INDEPENDENT ACCOUNTING
529 FIRM.-
530 (a) The board shall issue a request for proposals as
531 provided in chapter 287 for the purpose of retaining an
532 independent accounting firm. The independent accounting firm
533 shall perform all material administrative and accounting tasks
534 and functions required for administering the fee. The request
535 for proposals must include, but need not be limited to:
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536 1. A description of the scope and general requirements of
537 the services requested.
538 2. A description of the specific accounting and reporting
539 services required for administering the fund, including
540 processing checks and distributing funds as directed by the
541 board under s. 365.173.
542 3. A description of information to be provided by the
543 proposer, including the proposer's background and qualifications
544 and the proposed cost of the services to be provided.
545 (b) The board shall establish a committee to review
546 requests for proposals which must include the statewide
547 emergency communications systems B911 system director designated
548 under s. 365.171(5), or his or her designee, and two members of
549 the board, one of whom is a county 911 coordinator and one of
550 whom represents a voice communications services provider. The
551 review committee shall review the proposals received by the
552 board and recommend an independent accounting firm to the board
553 for final selection. By agreeing to serve on the review
554 committee, each member of the review committee shall verify that
555 he or she does not have any interest or employment, directly or
556 indirectly, with potential proposers which conflicts in any
557 manner or degree with his or her performance on the committee.
558 (c) The board may secure the services of an independent
559 accounting firm via invitation to bid, request for proposals,
560 invitation to negotiate, or professional contracts already
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Amendment No. 1
561 established at the Division of Purchasing, Department of
562 Management Services, for certified public accounting firms, or
563 the board may hire and retain professional accounting staff to
564 accomplish these functions.
565 (8) PUBLIC SAFETY EMERGENCY COMMUNICATIONS SYSTEMS B-9-H:-
566 FEE.-
567 (a) Each voice communications services provider shall
568 collect the fee described in this subsection, except that the
569 fee for prepaid wireless service shall be collected in the
570 manner set forth in subsection (9). Each provider, as part of
571 its monthly billing process, shall bill the fee as follows. The
572 fee shall not be assessed on any pay telephone in the state.
573 1. Each voice communications service provider other than a
574 wireless provider shall bill the fee to a subscriber based on
575 the number of access lines having access to the 911 B-9-H:- system,
576 on a service-identifier basis, up to a maximum of 25 access
577 lines per account bill rendered.
578 2. Each voice communications service provider other than a
579 wireless provider shall bill the fee to a subscriber on a basis
580 of five service-identified access lines for each digital
581 transmission link, including primary rate interface service or
582 equivalent Digital-Signal-1-level service, which can be
583 channelized and split into 23 or 24 voice-grade or data-grade
584 channels for communications, up to a maximum of 25 access lines
585 per account bill rendered.
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Amendment No. 1
586 3. Except in the case of prepaid wireless service, each
587 wireless provider shall bill the fee to a subscriber on a per-
588 service-identifier basis for service identifiers whose primary
589 place of use is within this state. The fee may shall not be
590 assessed on or collected from a provider with respect to an end
591 user's service if that end user's service is a prepaid wireless
592 service sold before January 1, 2015.
593 4. Except in the case of prepaid wireless service, each
594 voice communications services provider not addressed under
595 subparagraphs 1., 2., and 3. shall bill the fee on a per-
596 service-identifier basis for service identifiers whose primary
597 place of use is within the state up to a maximum of 25 service
598 identifiers for each account bill rendered.
599
600 The provider may list the fee as a separate entry on each bill,
601 in which case the fee must be identified as a fee for 911 B-9-±-±-
602 services. A provider shall remit the fee to the board only if
603 the fee is paid by the subscriber. If a provider receives a
604 partial payment for a monthly bill from a subscriber, the amount
605 received shall first be applied to the payment due the provider
606 for providing voice communications service.
607 (b) A provider is not obligated to take any legal action
608 to enforce collection of the fees for which any subscriber is
609 billed. A county subscribing to 911 service remains liable to
610 the provider delivering the 911 service or equipment for any 911
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Amendment No. 1
611 service, equipment, operation, or maintenance charge owed by the
612 county to the provider.
613 (b)-fe+- For purposes of this subsection, the state and
614 local governments are not subscribers.
615 (c)-f.e+ Each provider may retain 1 percent of the amount of
616 the fees collected as reimbursement for the administrative costs
617 incurred by the provider to bill, collect, and remit the fee.
618 The remainder shall be delivered to the board and deposited by
619 the board into the fund. The board shall distribute the
620 remainder pursuant to s. 365.173.
621 (d)-fe+- Voice communications services providers billing the
622 fee to subscribers shall deliver revenues from the fee to the
623 board within 60 days after the end of the month in which the fee
624 was billed, together with a monthly report of the number of
625 service identifiers in each county. Each wireless provider and
626 other applicable provider identified in subparagraph (a)4. shall
627 report the number of service identifiers for subscribers whose
628 place of primary use is in each county. All provider subscriber
629 information provided to the board is subject to s. 365.174. If a
630 provider chooses to remit any fee amounts to the board before
631 they are paid by the subscribers, a provider may apply to the
632 board for a refund of, or may take a credit for, any such fees
633 remitted to the board which are not collected by the provider
634 within 6 months following the month in which the fees are
635 charged off for federal income tax purposes as bad debt.
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Amendment No. 1
636 (e)+fi- The rate of the fee may not exceed 50 cents per
637 month for each service identifier. Effective January 1, 2015,
638 the fee shall be 40 cents per month for each service identifier.
639 The fee shall apply uniformly and be imposed throughout the
640 state, except for those counties that, before July 1, 2007, had
641 adopted an ordinance or resolution establishing a fee less than
642 50 cents per month per access line. In those counties the fee
643 established by ordinance may be changed only to the uniform
644 statewide rate no sooner than 30 days after notification is made
645 by the county's board of county commissioners to the board.
646 fil-fg+- The board may adjust the allocation percentages for
647 distribution of the fund as provided ins. 365.173. No sooner
648 than June 1, 2015, the board may adjust the rate of the fee
649 under paragraph (f) based on the criteria in this paragraph and
650 paragraph (h). Any adjustment in the rate must be approved by a
651 two-thirds vote of the total number of B-9-±-±- board members. When
652 setting the percentages or contemplating any adjustments to the
653 fee, the board shall consider the following:
654 1. The revenues currently allocated for wireless service
655 provider costs for implementing E911 service and projected costs
656 for implementing E911 service, including recurring costs for
657 Phase I and Phase II and the effect of new technologies,
658 1.-2-:- The appropriate level of funding needed to fund the
659 rural grant program provided for ins. 365.173(2) (f) -9-;-
660 3 6 5 . 17 3 ( 2 ) ( g) ; and
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Amendment No. 1
661 2.,3--;- The need to fund statewide, regional, and county
662 grants in accordance with sub-subparagraph (6) (a)3.b. ands.
663 365 .173 (2) (g) s. 365 .173 (2) (h).
664 (g)-fh+- The board may adjust the allocation percentages or
665 adjust the amount of the fee as provided in paragraph ill -½tt- if
666 necessary to ensure full cost recovery or prevent over recovery
667 overrecovery of costs incurred in the provision of 911 E9H
668 service, including costs incurred or projected to be incurred -E-e
669 comply with the order. Any new allocation percentages or reduced
670 or increased fee may not be adjusted for 1 year. In no event
671 shall the fee exceed 50 cents per month for each service
672 identifier. The fee, and any board adjustment of the fee, shall
673 be uniform throughout the state, except for the counties
674 identified in paragraph (f). No less than 90 days before the
675 effective date of any adjustment to the fee, the board shall
676 provide written notice of the adjusted fee amount and effective
677 date to each voice communications services provider from which
678 the board is then receiving the fee.
679 (h)-f-i-t- It is the intent of the Legislature that all
680 revenue from the fee be used as specified ins. 365.173(2) (a)-
681 (h) s. 365.173 (2) (a) (i).
682 (i)-f4-+ State and local taxes do not apply to the fee. The
683 amount of the E9H fee collected by a provider may not be
684 included in the base for imposition of any tax, fee, surcharge,
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Bill No. HB 745 (2023)
Amendment No. 1
685 or other charge imposed by this state, any political subdivision
686 of this state, or any intergovernmental agency.
687 J.ilffl" A local government may not levy the fee or any
688 additional fee on providers or subscribers for the provision of
689 911 E-9-±-±- service.
690 (k)-B+ For purposes of this section, the definitions
691 contained ins. 202.11 and the provisions of s. 202.155 apply in
692 the same manner and to the same extent as the definitions and
693 provisions apply to the taxes levied under chapter 202 on mobile
694 communications services.
695 (9) PREPAID WIRELESS PUBLIC SAFETY EMERGENCY
696 COMMUNICATIONS SYSTEMS E-9-±-±- FEE.-
697 (a) Effective January 1, 2015, a prepaid wireless E911 fee
698 is imposed per retail transaction at the rate established in
699 paragraph (8) (f). In order to allow sellers of all sizes and
700 technological capabilities adequate time to comply with this
701 subsection, a seller of prepaid wireless service operating in
702 this state before the prepaid wireless E911 fee is imposed shall
703 retain 100 percent of the fee collected under this paragraph for
704 the first 2 months to offset the coot of setup.
705 (a)-{-b-}- Effective July 1, 2023 March 1, 2015, the prepaid
706 wireless E-9-±-±- fee imposed under paragraph (a) shall be subject
707 to remittance in accordance with paragraph ill -½f+. In no event
708 shall the fee exceed 50 cents for each retail transaction. At
709 least 90 days before the effective date of any adjustment to the
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Amendment No. 1
710 fee under paragraph (8) (f) (8) (g), the Department of Revenue
711 shall provide written notice of the adjusted fee amount and its
712 effective date to each seller from which the department is then
713 receiving the fee. At least 120 days before the effective date
714 of any adjustment to the fee imposed under this subsection, the
715 board shall provide notice to the Department of Revenue of the
716 adjusted fee amount and effective date of the adjustment.
717 (b)+e+ The prepaid wireless E9H fee shall be collected by
718 the seller from the consumer with respect to each retail
719 transaction occurring in this state. The amount of the prepaid
720 wireless E9H fee shall be separately stated on an invoice,
721 receipt, or other similar document that is provided to the
722 consumer by the seller or otherwise disclosed to the consumer.
723 (c)-fe-t- For purposes of paragraph (b) +e+, a retail
724 transaction that takes place in person by a consumer at a
725 business location of the seller shall be treated as occurring in
726 this state if that business location is in this state. Such
727 transaction is deemed to have occurred in the county of the
728 business location. When a retail transaction does not take place
729 at the seller's business location, the transaction shall be
730 treated as taking place at the consumer's shipping address or,
731 if no item is shipped, at the consumer's address or the location
732 associated with the consumer's mobile telephone number. Such
733 transaction is deemed to have occurred in the county of the
734 consumer's shipping address when items are shipped to the
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735 consumer or, when no items are shipped, the county of the
736 consumer's address or the location associated with the
737 consumer's mobile telephone number. A transaction for which the
738 specific Florida county cannot be determined shall be treated as
739 nonspecific.
740 (d)-f.e+- If a prepaid wireless device is sold for a single,
741 nonitemized price with a prepaid wireless service of 10 minutes
742 or less or $5 or less, the seller may elect not to apply the
743 prepaid wireless E-9-H fee to the transaction.
744 (e)+f-t- The amount of the prepaid wireless E-9-H fee that is
745 collected by a seller from a consumer and that is separately
746 stated on an invoice, receipt, or similar document provided to
747 the consumer by the seller, may not be included in the base for
748 imposition of any tax, fee, surcharge, or other charge that is
749 imposed by this state, any political subdivision of this state,
750 or any intergovernmental agency.
751 J..Q-½tt- Beginning July 1, 2023 April 1, 2015, each seller
752 shall file a return and remit the prepaid wireless E-9-H fees
753 collected in the previous month to the Department of Revenue on
754 or before the 20th day of the month. If the 20th day falls on a
755 Saturday, Sunday, or legal holiday, payments accompanied by
756 returns are due on the next succeeding day that is not a
757 Saturday, Sunday, or legal holiday observed by federal or state
758 agencies as defined in chapter 683 ands. 7503 of the Internal
759 Revenue Code of 1986, as amended. A seller may remit the prepaid
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
760 wireless E-9-H- fee by electronic funds transfer and file a fee
761 return with the Department of Revenue that is initiated through
762 an electronic data interchange.
763 1. When a seller is authorized by the Department of
764 Revenue pursuant to s. 212.11(1) (c) or (d) to file a sales and
765 use tax return on a quarterly, semiannual, or annual reporting
766 basis, the seller may file a return and remit the prepaid
767 wireless E-9-H- fees on or before the 20th day of the month
768 following the authorized reporting period for sales and use tax.
769 2. A seller collecting less than $50 per month of prepaid
770 wireless E-9-H- fees may file a quarterly return for the calendar
771 quarters ending in March, June, September, and December. The
772 seller must file a return and remit the prepaid wireless E-9-H-
773 fees collected during each calendar quarter on or before the
774 20th day of the month following that calendar quarter.
775 3. A seller must provide the following information on each
776 prepaid wireless E-9-H- fee return filed with the Department of
777 Revenue:
778 a. The seller's name, federal identification number,
779 taxpayer identification number issued by the Department of
780 Revenue, business location address and mailing address, and
781 county of the business location in accordance with paragraph (c)
782 -f-a-t-;
783 b. The reporting period;
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
784 c. The number of prepaid wireless services sold during the
785 reporting period;
786 d. The amount of prepaid wireless~ fees collected and
787 the amount of any adjustments to the fees collected;
788 e. The amount of any retailer collection allowance
789 deducted from the amount of prepaid wireless~ fees
790 collected; and
791 f. The amount to be remitted to the Department of Revenue.
792 4. A seller who operates two or more business locations
793 for which returns are required to be filed with the Department
794 of Revenue may file a consolidated return reporting and
795 remitting the prepaid wireless~ fee for all business
796 locations. Such sellers must report the prepaid wireless E911
797 fees collected in each county, in accordance with paragraph (c)
798 -fa+-, on a reporting schedule filed with the fee return.
799 5. A return is not required for a reporting period when no
800 prepaid wireless~ fee is to be remitted for that period.
801 6. Except as provided in this section, the Department of
802 Revenue shall administer, collect, and enforce the fee under
803 this subsection pursuant to the same procedures used in the
804 administration, collection, and enforcement of the general state
805 sales tax imposed under chapter 212. The provisions of chapter
806 212 regarding authority to audit and make assessments, keeping
807 of books and records, and interest and penalties on delinquent
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
808 fees shall apply. The provisions of estimated tax liability in
809 s. 212.11(1) (a) do not apply to the prepaid wireless E-9-H fee.
810 (g)-fh+- A seller of prepaid wireless services in this state
811 must register with the Department of Revenue for each place of
812 business as required bys. 212.18(3) and the Department of
813 Revenue's administrative rule regarding registration as a sales
814 and use tax dealer. A separate application is required for each
815 place of business. A valid certificate of registration issued by
816 the Department of Revenue to a seller for sales and use tax
817 purposes is sufficient for purposes of the registration
818 requirement of this subsection. There is no fee for registration
819 for remittance of the prepaid wireless E-9-H fee.
820 (h)+B- The Department of Revenue shall deposit the funds
821 remitted under this subsection into the Audit and Warrant
822 Clearing Trust Fund established ins. 215.199 and retain up to
823 3.2 percent of the funds remitted under this subsection to
824 reimburse its direct costs of administering the collection and
825 remittance of prepaid wireless E-9-H fees. Thereafter, the
826 Department of Revenue shall transfer all remaining funds
827 remitted under this subsection to the Emergency Communications
828 Humber E911 System Fund monthly for use as provided ins.
829 365.173.
830 (i)ffi Beginning March 1, 2015, a seller may retain 5
831 percent of the prepaid wireless E-9-H fees that are collected by
832 the seller from consumers as a retailer collection allowance.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
833 ill-f» A provider or seller of prepaid wireless service is
834 not liable for damages to any person resulting from or incurred
835 in connection with providing or failing to provide emergency
836 communications and 911 or E911 service or for identifying or
837 failing to identify the telephone number, address, location, or
838 name associated with any person or device that is accessing or
839 attempting to access emergency communications and 911 or E911
840 service.
841 (k)-f-±+ A provider or seller of prepaid wireless service is
842 not liable for damages to any person resulting from or incurred
843 in connection with providing any lawful assistance to any
844 investigative or law enforcement officer of the United States,
845 any state, or any political subdivision of any state in
846 connection with any lawful investigation or other law
847 enforcement activity by such law enforcement officer.
848 (1)-fm+- The limitations of liability under this subsection
849 for providers and sellers are in addition to any other
850 limitation of liability provided for under this section.
851 (m)-fi:rt- A local government may not levy the fee or any
852 additional fee on providers or sellers of prepaid wireless
853 service for the provision of 911 E9H service.
854 (n)-fe+- For purposes of this section, the state and local
855 governments are not consumers.
856 J_~_LW For purposes of this subsection, the term:
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
857 1. "Consumer" means a person who purchases prepaid
858 wireless service in a retail sale.
859 2. "Prepaid wireless E-9-H fee" means the fee that is
860 required to be collected by a seller from a consumer as provided
861 in this subsection.
862 3. "Provider" means a person that provides prepaid
863 wireless service pursuant to a license issued by the Federal
864 Communications Commission.
865 4. "Retail transaction" means the purchase by a consumer
866 from a seller of prepaid wireless service that may be applied to
867 a single service identifier for use by the consumer. If a
868 consumer makes a purchase of multiple prepaid wireless services
869 in a single transaction, each individual prepaid wireless
870 service shall be considered a separate retail transaction for
871 purposes of calculating the prepaid wireless E-9-H fee.
872 5. "Seller" means a person who makes retail sales of
873 prepaid wireless services to a consumer.
874 (10) AUTHORIZED EXPENDITURES OF PUBLIC SAFETY EMERGENCY
875 COMMUNICATIONS SYSTEMS E-9-H FEE.-
876 (a) For purposes of this section, emergency communications
877 and 911 E-9-H service includes the functions relating to the
878 receipt and transfer of requests for emergency assistance, of
879 database management, call taking, and location verification, and
880 call transfer. Department of Health certification and
881 recertification and training costs for -9-±-± public safety
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
882 telecommunications, including dispatching, are functions of
883 public safety emergency telecommunications -9-H services.
884 (b) All costs directly attributable to the establishment
885 or provision of emergency communications equipment E911 service
886 and contracting for E911 services related to a primary or
887 secondary Public Safety Answering Point (PSAP) are eligible for
888 expenditure of moneys derived from imposition of the fee
889 authorized by subsections (8) and (9). These costs include the
890 acquisition, implementation, and maintenance of PSAP Public
891 Safety Answering Point (PSAP) equipment and 911 service E-9H
892 service features, as defined in the providers' published
893 schedules or the acquisition, installation, and maintenance of
894 other E-9H equipment, including: circuits; call answering
895 equipment; call transfer equipment; ANI or ALI controllers; ANI
896 or ALI displays; station instruments; NG911 E-9H
897 telecommunications systems; Emergency Services IP Network
898 ESinet; visual call information and storage devices; recording
899 equipment; telephone devices and other equipment for the hearing
900 impaired used in the E911 system; PSAP backup power systems;
901 consoles; automatic call distributorsL, and interfaces,
902 including hardware and software, for computer-aided dispatch
903 (CAD) systems~7 public safety land mobile radio systems (LMR)
904 and radio consoles that provide two-way radio communication with
905 responders, and in-building coverage integrated CAD systems for
906 that portion of the systems used for E911 call taking; GIS
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
907 system and software equipment and information displays; network
908 clocks; cybersecurity, including hardware, software, and
909 services; salary and associated expenses for 911 B-9±-± call
910 takers and emergency dispatchers for that portion of their time
911 spent taking and transferring E911 ealls, salary, and associated
912 expenses for a county to employ a full-time equivalent 911 B-9±-±
913 coordinator position and a full-time equivalent mapping or
914 geographical data position, and technical system maintenance,
915 database, and administration personnel for the portion of their
916 time spent administrating the emergency communications B-9±-±
917 system; emergency medical, fire, and law enforcement prearrival
918 instruction software; charts and training costs; training costs
919 for PSAP call takers, dispatchers, supervisors, and managers in
920 the proper methods and techniques used in taking and
921 transferring 911 B-9±-± calls; costs to train and educate PSAP
922 employees regarding 911 and radio B-9±-± service or NG911 B-9±-±
923 equipment, including fees collected by the Department of Health
924 for the certification and recertification of 911 public safety
925 telecommunicators as required under s. 401.465; and expenses
926 required to develop and maintain all information, including ALI
927 and ANI databases and other information source repositories,
928 necessary to properly inform call takers as to location address,
929 type of emergency, smart city technology data, public safety
930 broadband networks, and other information directly relevant to
931 the processing of a request for emergency assistance E911 eall
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
932 taking and transferring function. Moneys derived froffl the fee
933 fflay also be used for nmct generation E:911 network services,
934 next generation E:911 database services, next generation E:911
935 equipfflent, and wireless E:911 routing systeffls.
936 (c) The moneys may not be used to pay for any item not
937 listed in this subsection, including, but not limited to, any
938 capital or operational costs for efflergency responses which occur
939 after the call transfer to the responding public safety entity
940 and the costs for utilities, constructing, leasing, maintaining,
941 or renovating buildings, except for those building modifications
942 necessary to maintain the security and environmental integrity
943 of the PSAP and emergency communications E-9-±-±- equipment rooms.
944 (11) LIABILITY OF COUNTIES.-A county subscribing to 911
945 service remains liable to the local exchange carrier for any 911
946 service, equipment, operation, or maintenance charge owed by the
947 county to the local exchange carrier. As used in this
948 subsection, the term "local exchange carrier" means a local
949 exchange telecommunications service provider of 911 service or
950 equipment to any county within its certificated area.
951 (12) INDEMNIFICATION AND LIMITATION OF LIABILITY.-A local
952 government may indemnify local exchange carriers against
953 liability in accordance with the published schedules of the
954 company. Notwithstanding an indemnification agreement, a local
955 exchange carrier, voice communications services provider, or
956 other service provider that provides 911~ er E911, or NG911
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
957 service on a retail or wholesale basis is not liable for damages
958 resulting from or in connection with 911~ er E911, or NG911
959 service, or for identification of the telephone number, or
960 address, or name associated with any person accessing 911~ er
961 E911, or NG911 service, unless the carrier or provider acted
962 with malicious purpose or in a manner exhibiting wanton and
963 willful disregard of the rights, safety, or property of a person
964 when providing such services. A carrier or provider is not
965 liable for damages to any person resulting from or in connection
966 with the carrier's or provider's provision of any lawful
967 assistance to any investigative or law enforcement officer of
968 the United States, this state, or a political subdivision
969 thereof, or of any other state or political subdivision thereof,
970 in connection with any lawful investigation or other law
971 enforcement activity by such law enforcement officer. For
972 purposes of this subsection, the term "911~ er E911, or NG911
973 service" means a telecommunications service, voice or nonvoice
974 communications service, or other wireline or wireless service,
975 including, but not limited to, a service using Internet
976 protocol, which provides, in whole or in part, any of the
977 following functions: providing members of the public with the
978 ability to reach an answering point by using the digits 9-1-1;
979 directing 911 calls to answering points by selective routing;
980 providing for automatic number identification and automatic
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
981 location-identification features; or providing wireless E911
982 services as defined in the order.
983 (13) FACILITATING EMERGENCY COMMUNICATIONS E-9-±-±- SERVICE
984 IMPLEMENTATION.-To balance the public need for reliable
985 emergency communications E-9-±-±- services through reliable wireless
986 systems and the public interest served by governmental zoning
987 and land development regulations and notwithstanding any other
988 law or local ordinance to the contrary, the following standards
989 shall apply to a local government's actions, as a regulatory
990 body, in the regulation of the placement, construction, or
991 modification of a wireless communications facility. This
992 subsection shall not, however, be construed to waive or alter
993 the provisions of s. 286.011 ors. 286.0115. For the purposes of
994 this subsection only, "local government" shall mean any
995 municipality or county and any agency of a municipality or
996 county only. The term "local government" does not, however,
997 include any airport, as defined bys. 330.27(2), even if it is
998 owned or controlled by or through a municipality, county, or
999 agency of a municipality or county. Further, notwithstanding
1000 anything in this section to the contrary, this subsection does
1001 not apply to or control a local government's actions as a
1002 property or structure owner in the use of any property or
1003 structure owned by such entity for the placement, construction,
1004 or modification of wireless communications facilities. In the
1005 use of property or structures owned by the local government,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
1006 however, a local government may not use its regulatory authority
1007 so as to avoid compliance with, or in a manner that does not
1008 advance, the provisions of this subsection.
1009 {a) Collocation among wireless providers is encouraged by
1010 the state.
1011 1.a. Collocations on towers, including nonconforming
1012 towers, that meet the requirements in sub-sub-subparagraphs {I),
1013 {II), and {III), are subject to only building permit review,
1014 which may include a review for compliance with this
1015 subparagraph. Such collocations are not subject to any design or
1016 placement requirements of the local government's land
1017 development regulations in effect at the time of the collocation
1018 that are more restrictive than those in effect at the time of
1019 the initial antennae placement approval, to any other portion of
1020 the land development regulations, or to public hearing review.
1021 This sub-subparagraph shall not preclude a public hearing for
1022 any appeal of the decision on the collocation application.
1023 {I) The collocation does not increase the height of the
1024 tower to which the antennae are to be attached, measured to the
1025 highest point of any part of the tower or any existing antenna
1026 attached to the tower;
1027 {II) The collocation does not increase the ground space
1028 area, commonly known as the compound, approved in the site plan
1029 for equipment enclosures and ancillary facilities; and
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
1030 (III) The collocation consists of antennae, equipment
1031 enclosures, and ancillary facilities that are of a design and
1032 configuration consistent with all applicable regulations,
1033 restrictions, or conditions, if any, applied to the initial
1034 antennae placed on the tower and to its accompanying equipment
1035 enclosures and ancillary facilities and, if applicable, applied
1036 to the tower supporting the antennae. Such regulations may
1037 include the design and aesthetic requirements, but not
1038 procedural requirements, other than those authorized by this
1039 section, of the local government's land development regulations
1040 in effect at the time the initial antennae placement was
1041 approved.
1042 b. Except for a historic building, structure, site,
1043 object, or district, or a tower included in sub-subparagraph a.,
1044 collocations on all other existing structures that meet the
1045 requirements in sub-sub-subparagraphs (I)-(IV) shall be subject
1046 to no more than building permit review, and an administrative
1047 review for compliance with this subparagraph. Such collocations
1048 are not subject to any portion of the local government's land
1049 development regulations not addressed herein, or to public
1050 hearing review. This sub-subparagraph shall not preclude a
1051 public hearing for any appeal of the decision on the collocation
1052 application.
1053 (I) The collocation does not increase the height of the
1054 existing structure to which the antennae are to be attached,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
1055 measured to the highest point of any part of the structure or
1056 any existing antenna attached to the structure;
1057 (II) The collocation does not increase the ground space
1058 area, otherwise known as the compound, if any, approved in the
1059 site plan for equipment enclosures and ancillary facilities;
1060 (III) The collocation consists of antennae, equipment
1061 enclosures, and ancillary facilities that are of a design and
1062 configuration consistent with any applicable structural or
1063 aesthetic design requirements and any requirements for location
1064 on the structure, but not prohibitions or restrictions on the
1065 placement of additional collocations on the existing structure
1066 or procedural requirements, other than those authorized by this
1067 section, of the local government's land development regulations
1068 in effect at the time of the collocation application; and
1069 (IV) The collocation consists of antennae, equipment
1070 enclosures, and ancillary facilities that are of a design and
1071 configuration consistent with all applicable restrictions or
1072 conditions, if any, that do not conflict with sub-sub-
1073 subparagraph (III) and were applied to the initial antennae
1074 placed on the structure and to its accompanying equipment
1075 enclosures and ancillary facilities and, if applicable, applied
1076 to the structure supporting the antennae.
1077 c. Regulations, restrictions, conditions, or permits of
1078 the local government, acting in its regulatory capacity, that
1079 limit the number of collocations or require review processes
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
1080 inconsistent with this subsection shall not apply to
1081 collocations addressed in this subparagraph.
1082 d. If only a portion of the collocation does not meet the
1083 requirements of this subparagraph, such as an increase in the
1084 height of the proposed antennae over the existing structure
1085 height or a proposal to expand the ground space approved in the
1086 site plan for the equipment enclosure, where all other portions
1087 of the collocation meet the requirements of this subparagraph,
1088 that portion of the collocation only may be reviewed under the
1089 local government's regulations applicable to an initial
1090 placement of that portion of the facility, including, but not
1091 limited to, its land development regulations, and within the
1092 review timeframes of subparagraph (d)2., and the rest of the
1093 collocation shall be reviewed in accordance with this
1094 subparagraph. A collocation proposal under this subparagraph
1095 that increases the ground space area, otherwise known as the
1096 compound, approved in the original site plan for equipment
1097 enclosures and ancillary facilities by no more than a cumulative
1098 amount of 400 square feet or 50 percent of the original compound
1099 size, whichever is greater, shall, however, require no more than
1100 administrative review for compliance with the local government's
1101 regulations, including, but not limited to, land development
1102 regulations review, and building permit review, with no public
1103 hearing review. This sub-subparagraph shall not preclude a
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Bill No. HB 745 (2023)
Amendment No. 1
1104 public hearing for any appeal of the decision on the collocation
1105 application.
1106 2. If a collocation does not meet the requirements of
1107 subparagraph 1., the local government may review the application
1108 under the local government's regulations, including, but not
1109 limited to, land development regulations, applicable to the
1110 placement of initial antennae and their accompanying equipment
1111 enclosure and ancillary facilities.
1112 3. If a collocation meets the requirements of subparagraph
1113 1., the collocation shall not be considered a modification to an
1114 existing structure or an impermissible modification of a
1115 nonconforming structure.
1116 4. The owner of the existing tower on which the proposed
1117 antennae are to be collocated shall remain responsible for
1118 compliance with any applicable condition or requirement of a
1119 permit or agreement, or any applicable condition or requirement
1120 of the land development regulations to which the existing tower
1121 had to comply at the time the tower was permitted, including any
1122 aesthetic requirements, provided the condition or requirement is
1123 not inconsistent with this paragraph.
1124 5. An existing tower, including a nonconforming tower, may
1125 be structurally modified in order to permit collocation or may
1126 be replaced through no more than administrative review and
1127 building permit review, and is not subject to public hearing
1128 review, if the overall height of the tower is not increased and,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
1129 if a replacement, the replacement tower is a monopole tower or,
1130 if the existing tower is a camouflaged tower, the replacement
1131 tower is a like-camouflaged tower. This subparagraph shall not
1132 preclude a public hearing for any appeal of the decision on the
1133 application.
1134 (b)l. A local government's land development and
1135 construction regulations for wireless communications facilities
1136 and the local government's review of an application for the
1137 placement, construction, or modification of a wireless
1138 communications facility shall only address land development or
1139 zoning issues. In such local government regulations or review,
1140 the local government may not require information on or evaluate
1141 a wireless provider's business decisions about its service,
1142 customer demand for its service, or quality of its service to or
1143 from a particular area or site, unless the wireless provider
1144 voluntarily offers this information to the local government. In
1145 such local government regulations or review, a local government
1146 may not require information on or evaluate the wireless
1147 provider's designed service unless the information or materials
1148 are directly related to an identified land development or zoning
1149 issue or unless the wireless provider voluntarily offers the
1150 information. Information or materials directly related to an
1151 identified land development or zoning issue may include, but are
1152 not limited to, evidence that no existing structure can
1153 reasonably be used for the antennae placement instead of the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
1154 construction of a new tower, that residential areas cannot be
1155 served from outside the residential area, as addressed in
1156 subparagraph 3., or that the proposed height of a new tower or
1157 initial antennae placement or a proposed height increase of a
1158 modified tower, replacement tower, or collocation is necessary
1159 to provide the provider's designed service. Nothing in this
1160 paragraph shall limit the local government from reviewing any
1161 applicable land development or zoning issue addressed in its
1162 adopted regulations that does not conflict with this section,
1163 including, but not limited to, aesthetics, landscaping, land
1164 use-based land use based location priorities, structural design,
1165 and setbacks.
1166 2. Any setback or distance separation required of a tower
1167 may not exceed the minimum distance necessary, as determined by
1168 the local government, to satisfy the structural safety or
1169 aesthetic concerns that are to be protected by the setback or
1170 distance separation.
1171 3. A local government may exclude the placement of
1172 wireless communications facilities in a residential area or
1173 residential zoning district but only in a manner that does not
1174 constitute an actual or effective prohibition of the provider's
1175 service in that residential area or zoning district. If a
1176 wireless provider demonstrates to the satisfaction of the local
1177 government that the provider cannot reasonably provide its
1178 service to the residential area or zone from outside the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
1179 residential area or zone, the municipality or county and
1180 provider shall cooperate to determine an appropriate location
1181 for a wireless communications facility of an appropriate design
1182 within the residential area or zone. The local government may
1183 require that the wireless provider reimburse the reasonable
1184 costs incurred by the local government for this cooperative
1185 determination. An application for such cooperative determination
1186 shall not be considered an application under paragraph (d).
1187 4. A local government may impose a reasonable fee on
1188 applications to place, construct, or modify a wireless
1189 communications facility only if a similar fee is imposed on
1190 applicants seeking other similar types of zoning, land use, or
1191 building permit review. A local government may impose fees for
1192 the review of applications for wireless communications
1193 facilities by consultants or experts who conduct code compliance
1194 review for the local government but any fee is limited to
1195 specifically identified reasonable expenses incurred in the
1196 review. A local government may impose reasonable surety
1197 requirements to ensure the removal of wireless communications
1198 facilities that are no longer being used.
1199 5. A local government may impose design requirements, such
1200 as requirements for designing towers to support collocation or
1201 aesthetic requirements, except as otherwise limited in this
1202 section, but shall not impose or require information on
1203 compliance with building code type standards for the
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Bill No. HB 745 (2023)
Amendment No. 1
1204 construction or modification of wireless communications
1205 facilities beyond those adopted by the local government under
1206 chapter 553 and that apply to all similar types of construction.
1207 (c) Local governments may not require wireless providers
1208 to provide evidence of a wireless communications facility's
1209 compliance with federal regulations, except evidence of
1210 compliance with applicable Federal Aviation Administration
1211 requirements under 14 C.F.R. part 77, as amended, and evidence
1212 of proper Federal Communications Commission licensure, or other
1213 evidence of Federal Communications Commission authorized
1214 spectrum use, but may request the Federal Communications
1215 Commission to provide information as to a wireless provider's
1216 compliance with federal regulations, as authorized by federal
1217 law.
1218 (d)l. A local government shall grant or deny each properly
1219 completed application for a collocation under subparagraph (a)l.
1220 based on the application's compliance with the local
1221 government's applicable regulations, as provided for in
1222 subparagraph (a)l. and consistent with this subsection, and
1223 within the normal timeframe for a similar building permit review
1224 but in no case later than 45 business days after the date the
1225 application is determined to be properly completed in accordance
1226 with this paragraph.
1227 2. A local government shall grant or deny each properly
1228 completed application for any other wireless communications
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1229 facility based on the application's compliance with the local
1230 government's applicable regulations, including but not limited
1231 to land development regulations, consistent with this subsection
1232 and within the normal timeframe for a similar type review but in
1233 no case later than 90 business days after the date the
1234 application is determined to be properly completed in accordance
1235 with this paragraph.
1236 3.a. An application is deemed submitted or resubmitted on
1237 the date the application is received by the local government. If
1238 the local government does not notify the applicant in writing
1239 that the application is not completed in compliance with the
1240 local government's regulations within 20 business days after the
1241 date the application is initially submitted or additional
1242 information resubmitted, the application is deemed, for
1243 administrative purposes only, to be properly completed and
1244 properly submitted. However, the determination shall not be
1245 deemed as an approval of the application. If the application is
1246 not completed in compliance with the local government's
1247 regulations, the local government shall so notify the applicant
1248 in writing and the notification must indicate with specificity
1249 any deficiencies in the required documents or deficiencies in
1250 the content of the required documents which, if cured, make the
1251 application properly completed. Upon resubmission of information
1252 to cure the stated deficiencies, the local government shall
1253 notify the applicant, in writing, within the normal timeframes
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1254 of review, but in no case longer than 20 business days after the
1255 additional information is submitted, of any remaining
1256 deficiencies that must be cured. Deficiencies in document type
1257 or content not specified by the local government do not make the
1258 application incomplete. Notwithstanding this sub-subparagraph,
1259 if a specified deficiency is not properly cured when the
1260 applicant resubmits its application to comply with the notice of
1261 deficiencies, the local government may continue to request the
1262 information until such time as the specified deficiency is
1263 cured. The local government may establish reasonable timeframes
1264 within which the required information to cure the application
1265 deficiency is to be provided or the application will be
1266 considered withdrawn or closed.
1267 b. If the local government fails to grant or deny a
1268 properly completed application for a wireless communications
1269 facility within the timeframes set forth in this paragraph, the
1270 application shall be deemed automatically approved and the
1271 applicant may proceed with placement of the facilities without
1272 interference or penalty. The timeframes specified in
1273 subparagraph 2. may be extended only to the extent that the
1274 application has not been granted or denied because the local
1275 government's procedures generally applicable to all other
1276 similar types of applications require action by the governing
1277 body and such action has not taken place within the timeframes
1278 specified in subparagraph 2. Under such circumstances, the local
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1279 government must act to either grant or deny the application at
1280 its next regularly scheduled meeting or, otherwise, the
1281 application is deemed to be automatically approved.
1282 c. To be effective, a waiver of the timeframes set forth
1283 in this paragraph must be voluntarily agreed to by the applicant
1284 and the local government. A local government may request, but
1285 not require, a waiver of the timeframes by the applicant, except
1286 that, with respect to a specific application, a one-time waiver
1287 may be required in the case of a declared local, state, or
1288 federal emergency that directly affects the administration of
1289 all permitting activities of the local government.
1290 (e) The replacement of or modification to a wireless
1291 communications facility, except a tower, that results in a
1292 wireless communications facility not readily discernibly
1293 different in size, type, and appearance when viewed from ground
1294 level from surrounding properties, and the replacement or
1295 modification of equipment that is not visible from surrounding
1296 properties, all as reasonably determined by the local
1297 government, are subject to no more than applicable building
1298 permit review.
1299 (f) Any other law to the contrary notwithstanding, the
1300 Department of Management Services shall negotiate, in the name
1301 of the state, leases for wireless communications facilities that
1302 provide access to state government-owned property not acquired
1303 for transportation purposes, and the Department of
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Amendment No. 1
1304 Transportation shall negotiate, in the name of the state, leases
1305 for wireless communications facilities that provide access to
1306 property acquired for state rights-of-way. On property acquired
1307 for transportation purposes, leases shall be granted in
1308 accordance withs. 337.251. On other state government-owned
1309 property, leases shall be granted on a space available, first-
1310 come, first-served basis. Payments required by state government
1311 under a lease must be reasonable and must reflect the market
1312 rate for the use of the state government-owned property. The
1313 Department of Management Services and the Department of
1314 Transportation are authorized to adopt rules for the terms and
1315 conditions and granting of any such leases.
1316 (g) If any person adversely affected by any action, or
1317 failure to act, or regulation, or requirement of a local
1318 government in the review or regulation of the wireless
1319 communication facilities files an appeal or brings an
1320 appropriate action in a court or venue of competent
1321 jurisdiction, following the exhaustion of all administrative
1322 remedies, the matter shall be considered on an expedited basis.
1323 (14) MISUSE OF 911~ eH: E911, OR NG911 SYSTEM; PENALTY.-
1324 911~ aM E911, and NG911 service must be used solely for
1325 emergency communications by the public. Any person who accesses
1326 the number 911 for the purpose of making a false alarm or
1327 complaint or reporting false information that could result in
1328 the emergency response of any public safety agency; any person
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Amendment No. 1
1329 who knowingly uses or attempts to use such service for a purpose
1330 other than obtaining public safety assistance; or any person who
1331 knowingly uses or attempts to use such service in an effort to
1332 avoid any charge for service, commits a misdemeanor of the first
1333 degree, punishable as provided ins. 775.082 ors. 775.083.
1334 After being convicted of unauthorized use of such service four
1335 times, a person who continues to engage in such unauthorized use
1336 commits a felony of the third degree, punishable as provided in
1337 s. 775.082, s. 775.083, ors. 775.084. In addition, if the value
1338 of the service or the service charge obtained in a manner
1339 prohibited by this subsection exceeds $100, the person
1340 committing the offense commits a felony of the third degree,
1341 punishable as provided ins. 775.082, s. 775.083, ors. 775.084.
1342 (15) TEXT-TO-911 SERVICE.-Each county shall develop a
1343 countywide implementation plan addressing text-to-911 services
1344 and, by January 1, 2022, enact a system to allow text-to-911
1345 services.
1346 (16) STATE LAW NOT PREEMPTED.-This section and ss. 365.173
1347 and 365.174 do not alter any state law that otherwise regulates
1348 voice communications services providers.
1349 Section 2. Section 365.173, Florida Statutes, is amended
1350 to read:
1351 365.173 Emergency Communications Number E911 System Fund.-
1352 (1) REVENUES.-
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Amendment No. 1
1353 (a) Revenues derived from the fee levied on subscribers
1354 under s. 365.172(8) must be paid by the board into the State
1355 Treasury on or before the 15th day of each month. Such moneys
1356 must be accounted for in a special fund to be designated as the
1357 Emergency Communications Number E:911 System Fund, a fund created
1358 in the Division of Telecommunications, or other office as
1359 designated by the Secretary of Management Services.
1360 (b) Revenues derived from the fee levied on prepaid
1361 wireless service under s. 365.172(9), less the costs of
1362 administering collection of the fee, must be transferred by the
1363 Department of Revenue to the Emergency Communications Number
1364 E:911 System Fund on or before the 25th day of each month
1365 following the month of receipt.
1366 (c) For accounting purposes, the Emergency Communications
1367 Number E:911 System Fund must be segregated into three separate
1368 categories:
1369 1. The wireless category;
1370 2. The nonwireless category; and
1371 3. The prepaid wireless category.
1372 (d) All moneys must be invested by the Chief Financial
1373 Officer pursuant to s. 17.61. All moneys in such fund are to be
1374 expended by the office for the purposes provided in this section
1375 ands. 365.172. These funds are not subject to s. 215.20.
1376 (2) DISTRIBUTION AND USE OF FUNDS.-As determined by the
1377 board pursuant to s. 365 .172 (8) (f) s. 365 .172 (8) (g), and subject
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Amendment No. 1
1378 to any modifications approved by the board pursuant t o ~
1379 3 6 5 . 172 ( 6) (a) 3 . or ( 8) (g) s . 3 6 5 . 17 2 ( 6) (a) 3 . or ( 8) ( h) , the
1380 moneys in the fund shall be distributed and used only as
1381 follows:
1382 (a) Ninety-four Seventy siJc percent of the moneys in the
1383 wireless category shall be distributed each month to counties,
1384 based on the total number of service identifiers in each county,
1385 and one percent shall be distributed each month to state
1386 agencies that operate 911 centers, to and shall be used
1387 exclusively for payment of authorized expenditures, as specified
1388 ins. 365.172(10)7
1389 1. Authorized mcpenditures, as specified ins.
1390 365 .172 (10).
1391 2. Costs to comply with the requirements for E911 service
1392 contained in the order and any future rules related to the
1393 order.
1394 (b) Ninety-six percent of the moneys in the nonwireless
1395 category shall be distributed each month to counties based on
1396 the total number of service identifiers in each county and shall
1397 be used exclusively for payment of authorized expenditures, as
1398 specified ins. 365.172(10).
1399 (c) Sixty-one percent of the moneys in the prepaid
1400 wireless category shall be distributed each month to counties
1401 based on the total amount of fees reported and paid in each
1402 county and shall be used exclusively for payment of authorized
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Amendment No. 1
1403 expenditures, as specified ins. 365.172(10). The moneys from
1404 prepaid wireless E-9-H fees identified as nonspecific in
1405 accordance withs. 365.172(9) shall be distributed as determined
1406 by the Emergency Communications E-9-H Board.
1407 (d) Any county that receives funds under paragraphs (a),
1408 (b), and (c) shall establish a fund to be used exclusively for
1409 the receipt and expenditure of the revenues collected under
1410 paragraphs (a), (b), and (c). All fees placed in the fund and
1411 any interest accrued shall be used solely for costs described in
1412 subparagraphs (a)l. and 2. and may not be reduced, withheld, or
1413 allocated for other purposes. The money collected and interest
1414 earned in this fund shall be appropriated for these purposes by
1415 the county commissioners and incorporated into the annual county
1416 budget. The fund shall be included within the financial audit
1417 performed in accordance withs. 218.39. The financial audit
1418 shall assure that all emergency communications E-9-H fee
1419 revenues, interest, and emergency communications E-9-H grant
1420 funding are used for payment of authorized expenditures, as
1421 specified ins. 365.172(10) and as specified in the Emergency
1422 Communications E-9-H Board grant and special disbursement
1423 programs. The county is responsible for all expenditures of
1424 revenues distributed from the county emergency communications
1425 E-9-H fund and shall submit the financial audit reports to the
1426 board for review. A county may carry forward up to 30 percent of
1427 the total funds disbursed to the county by the board during a
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Amendment No. 1
1428 county fiscal year for expenditures for capital outlay, capital
1429 improvements, equipment replacement, or implementation of a
1430 hosted system if such expenditures are made for the purposes
1431 specified in subparagraphs (a)l. and 2.; however, the 30-percent
1432 limitation does not apply to funds disbursed to a county under
1433 s. 365.172(6) (a)3., and a county may carry forward any
1434 percentage of the funds, except that any grant provided shall
1435 continue to be subject to any condition imposed by the board. In
1436 order to prevent an excess recovery of costs incurred in
1437 providing emergency communication B-9-±-±- service, a county that
1438 receives funds greater than the permissible emergency
1439 communication B-9-±-±- costs described ins. 365.172(10), including
1440 the 30-percent carryforward allowance, must return the excess
1441 funds to the B-9-±-±- board to be allocated under s. 365.172(6) (a).
1442 (e) Twenty percent of the moneys in the wireless category
1443 shall be distributed to wireless providers in response to sworn
1444 invoices submitted to the board by wireless providers to
1445 reimburse ouch wireless providers for the actual coots incurred
1446 to provide 911 or E911 service, including the coots of complying
1447 with the order. Such coots include coots and expenses incurred
1448 by wireless providers to design, purchase, lease, program,
1449 install, test, upgrade, operate, and maintain all necessary
1450 data, hard·,...are, and software required to provide E911 service.
1451 Each wireless provider shall submit to the board, by August 1 of
1452 each year, a detailed estimate of the capital and operating
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1453 expenses for which it anticipates that it will seek
1454 reimbursement under this paragraph during the ensuing state
1455 fiscal year. In order to be eligible for recovery during any
1456 ensuing state fiscal year, a wireless provider must submit all
1457 sworn invoices for allowable purchases made within the previous
1458 calendar year no later than March 31 of the fiscal year. By
1459 September 15 of each year, the board shall submit to the
1460 Legislature its legislative budget request for funds to be
1461 allocated to wireless providers under this paragraph during the
1462 ensuing state fiscal year. The budget request shall be based on
1463 the information submitted by the wireless providers and
1464 estimated surcharge revenues. Distributions of moneys in the
1465 fund by the board to wireless providers must be fair and
1466 nondiscriminatory. If the total amount of moneys requested by
1467 wireless providers pursuant to invoices submitted to the board
1468 and approved for payment meceeds the amount in the fund in any
1469 month, wireless providers that have invoices approved for
1470 payment shall receive a pro rata share of moneys in the fund and
1471 the balance of the payments shall be carried over to the
1472 following month or months until all of the approved payments are
1473 made. The board may adopt rules necessary to address the manner
1474 in which pro rata distributions are made when the total amount
1475 of funds requested by wireless providers pursuant to invoices
1476 submitted to the board meceeds the total amount of moneys on
1477 deposit in the fund.
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1478 (e)-H+ One percent of the moneys in each category of the
1479 fund shall be retained by the board to be applied to costs and
1480 expenses incurred for the purposes of managing, administering,
1481 and overseeing the receipts and disbursements from the fund and
1482 other activities as defined ins. 365.172(6). Any funds retained
1483 for such purposes in a calendar year which are not applied to
1484 such costs and expenses by March 31 of the following year shall
1485 be redistributed as determined by the board.
1486 J.!l-½H- Three percent of the moneys in each category of the
1487 fund and an additional 1 percent of the moneys collected in the
1488 wireless category shall be used to make monthly distributions to
1489 rural counties for the purpose of providing facilities and
1490 network and service enhancements and assistance for the
1491 emergency communications 911 or B911 systems operated by rural
1492 counties and for the provision of grants by the office to rural
1493 counties for upgrading and replacing emergency communications
1494 E-9-H systems.
1495 (g)-fh+- Thirty-five percent of the moneys in the prepaid
1496 wireless category shall be retained by the board to provide
1497 state emergency communications E-9-H grants to be awarded in
1498 accordance with the following order of priority:
1499 1. For all large, medium, and rural counties to upgrade or
1500 replace emergency communications E-9-H systems.
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Amendment No. 1
1501 2. For all large, medium, and rural counties to develop
1502 and maintain statewide 911 routing, geographic, and management
1503 information systems.
1504 3. For all large, medium, and rural counties to develop
1505 and maintain next-generation 911 services and equipment.
1506 (h)+i+ If the wireless category has funds remaining in it
1507 on December 31 after disbursements have been made during the
1508 calendar year immediately prior to December 31, the board may
1509 disburse the excess funds in the wireless category in accordance
1510 withs. 365.172(6) (a)3.b.
1511 (3) The Legislature recognizes that the fee authorized
1512 under s. 365.172 may not necessarily provide the total funding
1513 required for establishing or providing the emergency
1514 communications E-9-H- service. It is the intent of the Legislature
1515 that all revenue from the fee be used as specified in subsection
1516 ( 2) .
1517 Section 3. Subsection (1) of section 365.177, Florida
1518 Statutes, is amended to read:
1519 365.177 Transfer of E911 calls between systems.-
1520 (1) The office shall develop a plan by December 30, 2023
1521 February 1, 2020, to upgrade 911 public safety answering points
1522 within the state to allow the transfer of an emergency call from
1523 one local, multijurisdictional, or regional E911 system to
1524 another local, multijurisdictional, or regional E911 system in
1525 the state. Such transfer should include voice, text message,
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Amendment No. 1
1526 image, video, caller identification information, location
1527 information, and additional standards-based 911 call
1528 information.
1529 Section 4. Subsection (10) of section 212.05965, Florida
1530 Statutes, is amended to read:
1531 212.05965 Taxation of marketplace sales.-
1532 (10) Notwithstanding any other law, the marketplace
1533 provider is also responsible for collecting and remitting any
1534 prepaid wireless public safety emergency communications systems
1535 E-9-H fee under s. 365.172, waste tire fee under s. 403.718, and
1536 lead-acid battery fee under s. 403.7185 at the time of sale for
1537 taxable retail sales made through its marketplace.
1538 Section 5. Section 365.171, Florida Statutes, is amended
1539 to read:
1540 365.171 Emergency communications number E911 state plan.-
1541 (1) SHORT TITLE.-This section may be cited as the "Florida
1542 Emergency Communications Humber E911 State Plan Act."
1543 (2) LEGISLATIVE INTENT.-It is the intent of the
1544 Legislature that the communications number "911" be the
1545 designated emergency communications number. A public safety
1546 agency may not advertise or otherwise promote the use of any
1547 communications number for emergency response services other than
1548 "911." It is further the intent of the Legislature to implement
1549 and continually update a cohesive statewide emergency
1550 communications number 11 E911 11 plan for enhanced 911 services
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Amendment No. 1
1551 which will provide citizens with rapid direct access to public
1552 safety agencies by accessing "911" with the objective of
1553 reducing the response time to situations requiring law
1554 enforcement, fire, medical, rescue, and other emergency
1555 services.
1556 (3) DEFINITIONS.-As used in this section, the term:
1557 (a) "Office" means the Division of Telecommunications
1558 within the Department of Management Services, as designated by
1559 the secretary of the department.
1560 (b) "Local government" means any city, county, or
1561 political subdivision of the state and its agencies.
1562 ( C) "Public agency" means the state and any city, county,
1563 city and county, municipal corporation, chartered organization,
1564 public district, or public authority located in whole or in part
1565 within this state which provides, or has authority to provide,
1566 firefighting, law enforcement, ambulance, medical, or other
1567 emergency services.
1568 (d) "Public safety agency" means a functional division of
1569 a public agency which provides firefighting, law enforcement,
1570 medical, or other emergency services.
1571 (4) STATE PLAN.-The office shall develop, maintain, and
1572 implement appropriate modifications for a statewide emergency
1573 communications E911 system plan. The plan shall provide for:
1574 (a) The public agency emergency communications
1575 requirements for each entity of local government in the state.
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1576 (b) A system to meet specific local government
1577 requirements. Such system shall include law enforcement,
1578 firefighting, and emergency medical services and may include
1579 other emergency services such as poison control, suicide
1580 prevention, and emergency management services.
1581 (c) Identification of the mutual aid agreements necessary
1582 to obtain an effective emergency communications systems B-9-±-±-
1583 oyotem.
1584 (d) A funding provision that identifies the cost necessary
1585 to implement the emergency communications B-9-±-±- system.
1586
1587 The office shall be responsible for the implementation and
1588 coordination of such plan. The office shall adopt any necessary
1589 rules and schedules related to public agencies for implementing
1590 and coordinating the plan, pursuant to chapter 120.
1591 (5) SYSTEM DIRECTOR.-The secretary of the department or
1592 his or her designee is designated as the director of the
1593 statewide emergency communications number E911 system and, for
1594 the purpose of carrying out the provisions of this section, is
1595 authorized to coordinate the activities of the system with
1596 state, county, local, and private agencies. The director in
1597 implementing the system shall consult, cooperate, and coordinate
1598 with local law enforcement agencies.
1599 (6) REGIONAL SYSTEMS.-This section does not prohibit or
1600 discourage the formation of multijurisdictional or regional
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1601 systems; and any system established pursuant to this section may
1602 include the jurisdiction, or any portion thereof, of more than
1603 one public agency. It is the intent of the Legislature that
1604 emergency communications services E911 service be available
1605 throughout the state. Expenditure by counties of the B-9-H fee
1606 authorized and imposed under s. 365.172 should support this
1607 intent to the greatest extent feasible within the context of
1608 local service needs and fiscal capability. This section does not
1609 prohibit two or more counties from establishing a combined
1610 emergency B-9-H communications service by an interlocal agreement
1611 and using the fees authorized and imposed bys. 365.172 for such
1612 combined B-9-H service.
1613 (7) TELECOMMUNICATIONS INDUSTRY COORDINATION.-The office
1614 shall coordinate with the Florida Public Service Commission
1615 which shall encourage the Florida telecommunications industry to
1616 activate facility modification plans for timely emergency
1617 communications services B-9-H implementation.
1618 (8) COIN TELEPHONES.-The Florida Public Service Commission
1619 shall establish rules to be followed by the telecommunications
1620 companies in this state designed toward encouraging the
1621 provision of coin-free dialing of "911" calls wherever
1622 economically practicable and in the public interest.
1623 (9) SYSTEM APPROVAL.-No emergency communications number
1624 E911 system shall be established and no present system shall be
1625 expanded without prior approval of the office.
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1626 (10) COMPLIANCE.-All public agencies shall assist the
1627 office in their efforts to carry out the intent of this section,
1628 and such agencies shall comply with the developed plan.
1629 (11) FEDERAL ASSISTANCE.-The secretary of the department
1630 or his or her designee may apply for and accept federal funding
1631 assistance in the development and implementation of a statewide
1632 emergency communications number E911 system.
1633 (12) CONFIDENTIALITY OF RECORDS.-
1634 (a) Any record, recording, or information, or portions
1635 thereof, obtained by a public agency or a public safety agency
1636 for the purpose of providing services in an emergency and which
1637 reveals the name, address, telephone number, or personal
1638 information about, or information which may identify any person
1639 requesting emergency service or reporting an emergency by
1640 accessing an emergency communications B-9-1--1- system is
1641 confidential and exempt from the provisions of s. 119.07(1) and
1642 s. 24(a), Art. I of the State Constitution, except that such
1643 record or information may be disclosed to a public safety
1644 agency. The exemption applies only to the name, address,
1645 telephone number or personal information about, or information
1646 which may identify any person requesting emergency services or
1647 reporting an emergency while such information is in the custody
1648 of the public agency or public safety agency providing emergency
1649 services. A telecommunications company or commercial mobile
1650 radio service provider shall not be liable for damages to any
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1651 person resulting from or in connection with such telephone
1652 company's or commercial mobile radio service provider's
1653 provision of any lawful assistance to any investigative or law
1654 enforcement officer of the State of Florida or political
1655 subdivisions thereof, of the United States, or of any other
1656 state or political subdivision thereof, in connection with any
1657 lawful investigation or other law enforcement activity by such
1658 law enforcement officer unless the telecommunications company or
1659 commercial mobile radio service provider acted in a wanton and
1660 willful manner.
1661 (b) Notwithstanding paragraph (a), a 911 public safety
1662 telecommunicator, as defined ins. 401.465, may contact any
1663 private person or entity that owns an automated external
1664 defibrillator who has notified the local emergency medical
1665 services medical director or public safety answering point of
1666 such ownership if a confirmed coronary emergency call is taking
1667 place and the location of the coronary emergency is within a
1668 reasonable distance from the location of the defibrillator, and
1669 may provide the location of the coronary emergency to that
1670 person or entity.
1671 Section 6. Paragraph (b) of subsection (2) of section
1672 365.174, Florida Statutes, is amended to read:
1673 365.174 Proprietary confidential business information.-
1674 (2)
357797 - h0745-strike.docx
Published On: 3/7/2023 9:22:58 AM
Page 68 of 69
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 745 (2023)
Amendment No. 1
1675 (b) The Department of Revenue may provide information
1676 relative to s. 365.172(9) to the Secretary of Management
1677 Services, or his or her authorized agent, or to the Emergency
1678 Communications B-9-±-± Board established ins. 365.172(5) for use
1679 in the conduct of the official business of the Department of
1680 Management Services or the Emergency Communications B-9-±-± Board.
1681 Section 7. This act shall take effect July 1, 2023.
1682
357797 - h0745-strike.docx
Published On: 3/7/2023 9:22:58 AM
Page 69 of 69
COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD
Committee/Subcommittee:
Meeting Date:
Bill/PCS/PCB Number:
Amendment Barcode Number:
Presentation/Workshop Topic:
Name: 3ack/2ao Oberh'n\L
Representing: Flo{; Ju,._ £13; nj
Title: Le9J(2/oJ)11Q, l2ir~c1oy- FIDt'i'dO\ Foe An
Address: JQ BQO g,s·c°'~hfl RlvJ, Sv,te. lo-5o
City: M\1(1 Vil I\ State/Zip:S slh I FL,
1
Phone Number: }7)- 5) /2 - }
S 'J: J
Registered Lobbyist: YES rll * NO □
*Registered lobbyists must have a~ e appearance record
on file with the Public Integrity & Elections Committee (Rule 17.l{h))
State Employee: YES □
D I wish to speak at the meeting
D Appearing in response to an inquiry for information made by member, committee, or staff
D Appearing in response to subpoena
D Appearing at the written request of the chair
D Judge or elected officer appearing in official capacity
{If you are testifying on an amendment, please also indicate your position as a proponent or opponent on the bill as a whole.)
Bill: Proponent □ Opponent D Waive in Support D Waive in Opposition IZJ Info only D
Amendment: Proponent □ Opponent □ Waive in Support□ Waive in Opposition □ Info only D
H-116 (2020)
COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD
Committee/Subcommittee:
Meeting Date:
~ Bill/PCS/PCB Number: 5Z..1
D Amendment Barcode Number:
D Presentation/Workshop Topic:
Name: _ _ _ _ r[~u~5h_"'-_1h+-----~--5____________
Representing: yw /bt?k,,$ WA $
Title: 7lt}~ ( S~ .h-, tft,,Jev-""14N-Y' fU~
Address: j6(e ( f:,/k!)'--= /J,,e,, 1 &k,,~d/
City: --~.._ti LJ-'-~-t,_,_S"_s.,c._,_-_ _ _ _ _ __
........ State/Zip: etc ,7i l
~
Phone Number: ~ .S" - $'°1., 8 - 1-.2 ° f
Registered Lobbyist: YES~* NO □
*Registered lobbyists must have a House appearance record
on file with the Public Integrity & Elections Committee (Rule 17.l(h))
State Employee: YES □ NO~
D I wish to speak at the meeting
D Appearing in response to an inquiry for information made by member, committee, or staff
D Appearing in response to subpoena
D Appearing at the written request of the chair
D Judge or elected officer appearing in official capacity
(If you are testifying on an amendment, please also indicate your position as a proponent or opponent on the bill as a whole.)
Bill: Proponent□ Opponent D Waive in Support 1zj Waive in Opposition D Info only D
Amendment: Proponent □ Opponent □ Waive in Support □ Waive in Opposition□ Info only D
H-116 (2020)
Ill 1111111111111111111111111111111
64429628
COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD
Committee/Subcommittee: Energy, Communications & Cybersecurity Subcommittee
Meeting Date: March 07, 2023 12:45 PM
~ Bill/PCS/PCB Number: HB 529 : Natural Gas Fuel Taxes
0 Amendment Barcode Number: -=-N=/A=-=------------------
0 Presentation/Workshop Topic: NIA
Name: Price Victoria
Representing: Chesapeake Utilities Corporation
Title:
Address: 310 West College Ave., Ste. 312
City: Tallahassee State/Zip:-=F_ _ _ _ _ _ _ _ __
Phone Number: ~<8_5_0)~3_8_2_-4_1_53_ _ _ _ __
~ Registered Lobbyist Bill
0 State Employee Waive In Support
0 I Wish to Appear in Person Amendment
0 Appearing in response to subpoena
0 Appearing in response to an inquiry for information made by
member, committee or staff
0 Appearing at the written request of the chair
0 Judge or elected officer appearing in official capacity
~ Lobbyist Appearance Form Submitted
H-16e (Revised 1/4/2021)
Il lllllllllllllllllllllllll III Il
48547039
COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD
Committee/Subcommittee: Energy, Communications & Cybersecurity Subcommittee
Meeting Date: _M_a_r_ch_07~,_2_02_3_1_2_:4_5_P_M
_ _ _ _ _ _ _ _ _ __
~ Bill/PCS/PCB Number: HB 529: Natural Gas Fuel Taxes
0 Amendment Barcode Number: _N_/A
_ _ _ _ _ _ _ _ _ _ _ _ _ _ __
0 Presentation/Workshop Topic: NIA
Name: Calhoun Dale
Representing: Florida Propane Gas Association
Title: Executive Director
Address: Po Box 11026
City: Tallahassee State/Zip: _F_L_ _ _ _ _ _ _ _ __
Phone Number: ~<8_5_0~)6_8_1_-0_4_96_ _ _ _ __
~ Registered Lobbyist Bill
0 State Employee Waive In Support
0 I Wish to Appear in Person Amendment
0 Appearing in response to subpoena
0 Appearing in response to an inquiry for information made by
member, committee or staff
0 Appearing at the written request of the chair
0 Judge or elected officer appearing in official capacity
~ Lobbyist Appearance Form Submitted
H-116e (Revised 1/4/2021)
• 1 1 llllffiillllllllllllllllllll Il
29030517
COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD
Committee/Subcommittee: Energy, Communications & Cybersecurity Subcommittee
Meeting Date: --"-M=a=r---'-ch=-c..0..c...7,'-"2=0=23"--=12=:---'-45"--=-P"-M"--_ _ _ _ _ _ _ _ __
~ Bill/PCS/PCB Number: HB 529: Natural Gas Fuel Taxes
D Amendment Barcode Number: _N_/A_ _ _ _ _ _ _ _ _ _ _ _ _ _ __
D Presentation/Workshop Topic: _N_/A_ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Name: Calhoun
- --~ Dale
-------------------------
Representing: Florida Natural Gas Association
Title: Executive Director
Address: Po Box 11026
- ----------------------------
City: Tallahassee State/Zip:_F_L_ _ _ _ _ _ _ __
Phone Number: ~<8_5_0)~6_8_1_-0_4_96_ _ _ _ __
~ Registered Lobbyist Bill
D State Employee Waive In Support
D I Wish to Appear in Person Amendment
D Appearing in response to subpoena
D Appearing in response to an inquiry for information made by
member, committee or staff
D Appearing at the written request of the chair
D Judge or elected officer appearing in official capacity
~ Lobbyist Appearance Form Submitted
H-116e (Revised 1/4/2021)
1111111111111111111111111111111111
88652526
COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD
Committee/Subcommittee: Energy, Communications & Cybersecurity Subcommittee
Meeting Date: _M_a_r--'-ch----'-07-'-','-2_0_23_12_:_45_PM
_ _ _ _ _ _ _ _ _ _ __
~ Bill/PCS/PCB Number: HB 529 : Natural Gas Fuel Taxes
D Amendment Barcode Number: . ;:. N.;.;. ;/A:;.; ; ___ _ _ _ _ _ _ _ _ _ _ _ _ _ __
D Presentation/Workshop Topic: NIA
Name: -=D---"o. .,_y"""'le,......K=--'-ev_i-'--n_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Representing: Consumer Energy Alliance - Florida
Title:
Address: Po Box 24897
City: Jacksonville State/Zip: _F_L_ _ _ _ _ _ _ _ __
Phone Number: ~<9-'--0'-4......)-'--80_6_-_17_1_4_ _ _ _ __
~ Registered Lobbyist Bill
D State Employee Waive In Support
DI Wish to Appear in Person Amendment
D Appearing in response to subpoena
D Appearing in response to an inquiry for information made by
member, committee or staff
D Appearing at the written request of the chair
D Judge or elected officer appearing in official capacity
~ Lobbyist Appearance Form Submitted
H-16e (Revised 1/4/2021)
COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD
Committee/Subcommittee: CT\0vl)i I Co VVlYVHANI '1 cvttf UV\~} C'{ W,v~().ANt~
Meeting Date: ~M_vt_Vi_u_Vl~j~-th--+-1_'\;0_1,,-_"J;_ _ _ _ _ _ _ __
1K] Bill/PCS/PCB Number: 5--Z..'7)
-----------------
□ Amendment Barcode Number:
D Presentation/Workshop Topic:
Name:
----------------------------------
Representing: fV vl h OV1 Wv'l5 -r-e tAVlt:71 Yll 0l vii VV) A-S ~ U C1 vt,,fl O V1 f I,, Chvt p+-e-v
~
Title:~ l..-o~h:j1s-J-
Address: - ] '?; D G=-. pv'I. V ~ f\' V-l_
City:@: TILi[ A-ha rr-e (
Phone Number:
---------------
Registered Lobbyist: YES 1tl * NO □
*Registered lobbyists must have a House appearance record
on file with the Public Integrity & Elections Committee (Rule 17.l(h))
State Employee: YES □
D I wish to speak at the meeting
D Appearing in response to an inquiry for information made by member, committee, or staff
D Appearing in response to subpoena
D Appearing at the written request of the chair
D Judge or elected officer appearing in official capacity
{If you are testifying on an amendment, please also indicate your position as a proponent or opponent on the bill as a whole.)
Bill: Proponent □ Opponent D Waive in Support IZ] Waive in Opposition D Info only D
Amendment: Proponent □ Opponent □ Waive in Support □ Waive in Opposition□ Info only D
H-116 (2020)
COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD
Committee/Subcommittee:
Meeting Date:
□Bill/PCS/PCB Number:
D Amendment Barcode Number:
D Presentation/Workshop Topic:
Name: _J_,.;:;..o=Se::...t....,fh'-'--___,.,fN£A--=---a=c......
4'.....ich....,1'.__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
-
Representing: ___.A:....,...;:s;;;..Js""(.,,c;Z:.....t"-"·d.,. . ~....J....__--"IL=--H""'J'""v."""l$1'-'-/i--=;e:£="-_~....;._-/_-_lo_rf';r_·=~------------
Title:
-------------------------------------
Address:
------------------------------------
City: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ State/Zip: _ _ _ _ _ _ _ _ __
Phone Number:
----------------
Registered Lobbyist: YES ~ NO □
*Registered lobbyists must have a House appearance record
on file with the Public Integrity & Elections Committee (Rule 17.l{h))
State Employee: YES □
~ I wish to speak at the meeting
D Appearing in response to an inquiry for information made by member, committee, or staff
D Appearing in response to subpoena
D Appearing at the written request of the chair
D Judge or elected officer appearing in official capacity
(If you are testifying on an amendment, please also indicate your position as a proponent or opponent on the bill as a whole.)
Bill: Proponent□ Opponent D Waive in Support ~ e in Opposition D Info only D
Amendment: Proponent □ Opponent □ Waive in Support □ Waive in Opposition□ Info only D
H-116 (2020)
COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD
Committee/Subcommittee:
Meeting Date:
□ Bill/PCS/PCB Number:
D Amendment Barcode Number:
D Presentation/Workshop Topic:
Name: CQ.Y9~ ~
Representing: yt,., ~
Title:
-------------------------------------
~
___S_______,,___.__~------------------
{_3..Q
Address: __
City: ,all~ State/Zip: _ _ _ _ _ _ _ _ __
Phone Number:
----------------
Registered Lobbyist: YES n * - NO □
*Registered lobbyists must have a ~pearance record
on file with the Public Integrity & Elections Committee (Rule 17.l(h))
State Employee: YES □ NO~
D I wish to speak at the meeting
D Appearing in response to an inquiry for information made by member, committee, or staff
D Appearing in response to subpoena
D Appearing at the written request of the chair
D Judge or elected officer appearing in official capacity
(If you are testifying on an amendment, please also indicate your position as a proponent or opponent on the bill as a whole.)
Bill: Proponent□ Opponent D Waive in Support ~ e in Opposition D Info only D
Amendment: Proponent □ Opponent □ Waive in Support□ Waive in Opposition□ Info only D
H-116 (2020)
COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD
Committee/Subcommittee:
Meeting Date:
0 Bill/PCS/PCB Number:
D Amendment Barcode Number:
D Presentation/Workshop Topic:
Name: l) ~"'\" RA fVlP->A
Representing: ,:::t.OP,\VA- PA~ (utJPfN~ A<:,.Y:JC,j
Title:
Address: 1-1.c <; M0t,1(tti ~ <;,r_
State/Zip: __(-'_-_L
_ _-:;_'2._'>_c_l_ _
Phone Number: __'b.=;.,.5_0_---'·7._'l.~•--·1_0_'-l_J-"--_ __
Registered Lobbyist: YES ~ NO □
* Registered lobbyists must hove a House appearance record
on file with the Public Integrity & Elections Committee (Rule 17.l(h))
State Employee: YES □
D I wish to speak at the meeting
D Appearing in response to an inquiry for information made by member, committee, or staff
D Appearing in response to subpoena
D Appearing at the written request of the chair
D Judge or elected officer appearing in official capacity
{If you are testifying on an amendment, please also indicate your position as a proponent or opponent on the bill as a whole.)
Bill: Proponent□ Opponent D Waive in Support D Waive in Opposition ~ f o only D
Amendment: Proponent □ Opponent □ Waive in Support□ Waive in Opposition□ Info only D
H-116 (2020)
1111111111111111111111111111111111
07527026
COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD
Committee/Subcommittee: Energy, Communications & Cybersecurity Subcommittee
Meeting Date: March 07, 2023 12:45 PM
HB 669 : Resiliency Energy Environment Florida
~ Bill/PCS/PCB Number: Programs
0 Amendment Barcode Number: - = - N = / A = - - - - - - - - - - - - - - - - -
0 Presentation/Workshop Topic: NIA
Name: Bayliss, Slater
Representing: Ygrene Energy Fund Florida, LLC
Title: Partner
Address: 204 S Monroe St
City: Tallahassee State/Zip:_F_L_ _ _ _ _ _ _ _ __
Phone Number: ~
(850)~
222-8900
---------
~ Registered Lobbyist Bill
0 State Employee Waive In Support
0 I Wish to Appear in Person Amendment
0 Appearing in response to subpoena
0 Appearing in response to an inquiry for information made by
member, committee or staff
D Appearing at the written request of the chair
D Judge or elected officer appearing in official capacity
~ Lobbyist Appearance Form Submitted
H-16e (Revised 1/4/2021)
COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD
Committee/Subcommittee: £ C, {_
--~------------------
Meeting Date: _.J_-_._'l_-_2-=------..,;J~-----------
~PCS/PCB Number:
D Amendment Barcode Number:
D Presentation/Workshop Topic:
~""""'-----'h~txr~lt-S=--.;;;...__o_vt.,..,_----,,,,---_ _ _ _ _ _ __
Name: ------.a::7J;......;..0,~a,......
Representing: le,~ f ,VLPL~
Title:
-------------------------------------
Address: .Qt;/ [ '"fc:vr-Jz Mr
City: _ _ To_ei_/~~~
. . . . . . . .__,L~~-- State/Zip: _ _/_-;;::_l.
______
Phone Number: ~Sl)-J'/;~-:.. CGICJ:
Registered Lobbyist: YES w NO □
*Registered lobbyists must have a House appearance record
on file with the Public Integrity & Elections Committee (Rule 17.l(h))
State Employee: YES □ NO~
D I wish to speak at the meeting
D Appearing in response to an inquiry for information made by member, committee, or staff
D Appearing in response to subpoena
D Appearing at the written request of the chair
D Judge or elected officer appearing in official capacity
(If you are testifying on an amendment, please also indicate your position as a proponent or opponent on the bill as a whole.)
Bill: Proponent~onent D Waive in Support ~ a i v e in Opposition D Info only D
Amendment: Proponent □ Opponent □ Waive in Support □ Waive in Opposition□ Info only D
H-116 (2020)
COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD
Committee/Subcommittee:
Meeting Date:
Bill/PCS/PCB Number:
D Amendment Barcode Number:
D Presentation/Workshop Topic:
Name: _Ji_~'------'--S_c;.1...r.;..'-L__.f}'------------------
\_(1_~_.___t - - _ ~ - - - - - - - - - - - - -
t>r_~J=<b,,~B_s5<X_i_l<H_Q_l\_____,.;o.....
Representing:_~F_/___
Title: _s..,a_~_or---.a.fe..;..;..~_blta/t...,_______(fi_f'l
_ lhr _d_f-__._/4_i,i_t/t-=~-----'--/4...1..,;,.;0,<q
_ _ _ _ _ _ __
Address: (00 5
----------------------------------
City: T~ll(j.,~'5ee State/Zip: ft }Z)a1
Phone Number: [550 l.{g-7 - Qf;~,
Registered Lobbyist: YES~ NO □
*Registered lobbyists must have a House appearance record
on file with the Public Integrity & Elections Committee (Rule 17.l{h))
State Employee: YES □
D I wish to speak at the meeting
D Appearing in response to an inquiry for information made by member, committee, or staff
D Appearing in response to subpoena
D Appearing at the written request of the chair
D Judge or elected officer appearing in official capacity
{If you are testifying on an amendment, please also indicate your position as a proponent or opponent on the bill as a whole.)
Bill: Proponent□ Opponent D Waive in Support 0 Waive in Opposition D Info only D
Amendment: Proponent □ Opponent □ Waive in Support□ Waive in Opposition□ Info only D
H-116 (2020)
COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD
Committee/Subcommittee:
Meeting Date:
0 Bill/PCS/PCB Number:
[Z] Amendment Barcode Number:
D Presentation/Workshop Topic:
Name: ,/cf"f fve;!
5__________________________
Representing: ----'/),...__;.1/YJ
__
Title: v(/liftf //@ tJ/7 o</~
£:jz/a,,iJ l/1
J
Address: #'&z
City: ~l/4ki~~ State/Zip:_.h.._~..:.....__ _ _ __
Phone Number: (/oq)Sr/5 / tj/t{J
Registered Lobbyist: YES [TI * NO □
*Registered lobbyists must have a House appearance record
on file with the Public Integrity & Elections Committee (Rule 17.l(h))
State Employee: vEsEj
D I wish to speak at the meeting
D Appearing in response to an inquiry for information made by member, committee, or staff
D Appearing in response to subpoena
D Appearing at the written request of the chair
D Judge or elected officer appearing in official capacity
(If you are testifying on an amendment, please also indicate your position as a proponent or opponent on the bill as a whole.)
Bill: Proponent□ OpponentrJ/l'wai~:in s:p:rt-~Waive in Opposition□ Info only □
Amendment: Proponent □ Opponent!lA-waiv;ri~ s~;;;iU21(,~aive in Opposition□ Info only □
H-116 (2020)
COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD
Committee/Subcommittee:
Meeting Date:
'[Z) Bill/PCS/PCB Number:
D Amendment Barcode Number:
------------------
□ Presentation/Workshop Topic:
Name: _
7.... ......S~:2)"""-+--V+-JUl.....,=-·-J_ _ _ _ _ _ _ _ _ _ _ _ _ __
__,[....., ,4,;
Representing: AL~ L
7
----=--1------'--Po---'-/c_vl:/--1---
·.......· _,_J__,fn~f2_..,__S:
Title: ___._V_..;P_--_G_o--=-v.....;c_e....e.o..J_·___.tJ!l.___if2/v-'-L-.hJ:....L...1_4
Address: --'-"I)""--D_._/fJ~.___.fvl
. . . . . . . V---'-l!-O_•-'"e_,~~'----'--;J-_ _S_1-t2_'_
12'--· __.tf--='u.'---"'v~'·- - - - - - -
City: 1 A f (t)Jb A:s,V:k: State/Zip:_-1-Pt-----=-----1-Z..::..>_2_;_0_,.!./_
I
Phone Number: @'>u) f7t · l.?OcJ 2--
Registered Lobbyist: YES f"'Vl * NO □
*Registered lobbyists must have a~ e appearance record
on file with the Public Integrity & Elections Committee (Rule 17.l{h))
State Employee: YES □
D I wish to speak at the meeting
D Appearing in response to an inquiry for information made by member, committee, or staff
D Appearing in response to subpoena
D Appearing at the written request of the chair
D Judge or elected officer appearing in official capacity
(If you are testifying on an amendment, please also indicate your position as a proponent or opponent on the bill as a whole.)
Bill: ProponentriJ Opponent D Waive in Support D Waive in Opposition D Info only D
Amendment: Proponent□ Opponent□ Waive in Support□ Waive in Opposition□ Info only D
H-116 (2020)
COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD
Committee/Subcommittee:
Meeting Date:
~Bill/PCS/PCB Number:
~ Amendment Barcode Number:
D Presentation/Workshop Topic:
Name: _ _ _[3__.a
....... b__H_v_l<_e_C-_____________
Representing: F/o ✓, ·)I( A) J C 1~ 1:v v, of Cu v1 -j, 'c-5
(I "1
·l;z.____ __
Title:_o_~...,..,,.p_vtC-,&..{-+-~'1----'-0----'-,·-,,.{.;;..;;;_C:.,,,_f~_v_r;_f_~_vt_b_J_'L-_A_o_),__
Address: lO 6 S Hoh v e, t1
City: / ~ f(a 0a 7 5e !- h~L..e......_____._7_2_3_o_-P_
State/Zip: ______
Phone Number: (?56) 122 - '{ ~ OC)
Registered Lobbyist: YES@- NO □
*Registered lobbyists must have a House appearance record
on file with the Public Integrity & Elections Committee {Rule 17.l{h))
State Employee: YES □ NO~
~ i s h to speak at the meeting
D Appearing in response to an inquiry for information made by member, committee, or staff
D Appearing in response to subpoena
D Appearing at the written request of the chair
D Judge or elected officer appearing in official capacity
(If you are testifying on an amendment, please also indicate your position as a proponent or opponent on the bill as a whole.)
Bill: Proponent □ Opponent D Waive in Support D Waive in Opposition D Info only D
Amendment: Proponent□ Opponent□ Waive in Support□ Waive in Opposition□ Info o n l y ~
H-116 (2020)
COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD
Committee/Subcommittee:
Meeting Date:
rt
~
Bill/PCS/PCB Number: 1001
Amendment Barcode Number:
□ Presentation/Workshop Topic:
Address: /J{) &( fl1 D/1./ ,O_,_;L >.J_
city: ltt1 (Ah ~,s-e~ State/Zip: __/::-z.__.'------+-f-·?_'.:>_·z.,_3_c_)('--
Phone Number: {g_ S o) 57) -l, 007,,
Registered Lobbyist: YES rxf* NO □
* Registered lobbyists must have ~ e appearance record
on file with the Public Integrity & Elections Committee {Rule 17.l{h))
State Employee: YES □
D I wish to speak at the meeting
D Appearing in response to an inquiry for information made by member, committee, or staff
D Appearing in response to subpoena
D Appearing at the written request of the chair
D Judge or elected officer appearing in official capacity
{If you are testifying on an amendment, please also indicate your position as a proponent or opponent on the bill as a whole.)
Bill: Proponentfg'.J Opponent D Waive in Support D Waive in Opposition D Info only D
Amendment: Proponent □ Opponent □ Waive in Support□ Waive in Opposition□ Info only D
H-116 (2020)
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