Florida/Georgia Personal Injury & Workers Compensation

...Although the potential for abuse of anonymous tips gives us pause, it does not provide grounds for this Court to hold otherwise. The state of Florida provides a significant deterrent against reporting false information to its law enforcement agencies and officers by making such acts punishable by law. Fla. StatAnn. § 365.171(16) (West 1995) (false “911” calls); Id....

...downed stop sign or to warn motorists that it was missing, he could not be found liable for breach of such duty. Mrs. Cook alleged, however, in her second amended complaint that according to the state of Florida and the Collier County 911 Plans and section 365.171, Florida Statutes (1985), the sheriff had a duty to relay the information concerning the sign because this was an established procedure contained in the plans. Although we do not find such a duty in section 365.171, we cannot determine whether the individual plans establish such a duty because they are not in the record and apparently were not reviewed by the trial court....

...address to *277 which aid could be dispatched. Standard, detailed, and often used procedures had been established to implement the 911 service which Southern Bell had contracted to provide Broward County under the "Florida Emergency Telephone Act," section 365.171, Florida Statutes (1983)....

...The trial court dismissed the complaint, with prejudice, for failure to state a cause of action. The second district reversed, finding: Mrs. Cook alleged, ..., in her second amended complaint that according to the state of Florida and the Collier County 911 Plans and section 365.171, Florida Statutes (1985), the sheriff had a duty to relay the information concerning the sign because this was an established procedure contained in the plans. Although we do not find such a duty in section 365.171, we cannot determine whether the individual plans establish such a duty because they are not in the record and apparently were not reviewed by the trial court....

..., information concerning the telephone number and location of 911 callers is generally made available to the police. Id. at 366-67. It appears that Florida law is similar to New Jersey law in this respect. See § 365.175, Fla. Stat. (2006); see also § 365.171....

...downed stop sign or to warn motorists that it was missing, he could not be found liable for breach of such duty. Mrs. Cook alleged, however, in her second amended complaint that according to the state of Florida and the Collier County 911 Plans and section 365.171, Florida Statutes (1985), the sheriff had a duty to relay the information concerning the sign because this was an established procedure contained in the plans. Although we do not find such a duty in section 365.171, we cannot determine whether the individual plans establish such a duty because they are not in the record and apparently were not reviewed by the trial court....

...ourt to hold otherwise. Florida provides a significant deterrent against reporting false information to its law enforcement agencies and officers by making such acts punishable by law. F LA.STAT.ANN. § 365.171(16) (West 1995) (false "911" calls); Id....

record from the audio tape made by PCESD. Section 365.171, F.S. (1992 Supp.), is the "Florida Emergency

...The trial court dismissed the complaint, with prejudice, for failure to state a cause of action. The second district reversed, finding: Mrs. Cook alleged, ..., in her second amended complaint that according to the state of Florida and the Collier County 911 Plans and section 365.171, Florida Statutes (1985), the sheriff had a duty to relay the information concerning the sign because this was an established procedure contained in the plans. Although we do not find such a duty in section 365.171, we cannot determine whether the individual plans establish such a duty because they are not in the record and apparently were not reviewed by the trial court....

telephone number of the caller have been deleted. Section 365.171, F.S., is the "Florida Emergency Telephone

...cy telecommunicators. They provide a certification credential for medical, fire, and police functions in one comprehensive training program. The registration fees for these certification courses range from $320 to $550. Emergency Dispatch in Florida Section 365.171 , F.S., governs Florida's public policy on the emergency telephone number "911." This statute specifies that it is the intent of the Legislature to "establish and implement a cohesive statewide emergency telephone number `911' plan wh...

...downed stop sign or to warn motorists that it was missing, he could not be found liable for breach of such duty. Mrs. Cook alleged, however, in her second amended complaint that according to the state of Florida and the Collier County 911 Plans and section 365.171, Florida Statutes (1985), the sheriff had a duty to relay the information concerning the sign because this was an established procedure contained in the plans. Although we do not find such a duty in section 365.171, we cannot determine whether the individual plans establish such a duty because they are not in the record and apparently were not reviewed by the trial court....

...This office has been advised that calls received by the county on the "911" system are, where appropriate, simultaneously received by the sheriff's office and a tape recording of such calls is made. You ask whether the county, in releasing the tapes, may delete not only the information exempted by section 365.171 (15), Florida Statutes, but also those portions of the tapes which contain active criminal investigative or criminal intelligence information....

...It was concluded in Attorney General's Opinion 93-60 that a "911" tape recording made by an emergency services department was a public record subject to public disclosure except for the name, address, telephone number, or personal identifying information specifically made confidential by section 365.171 (15), Florida Statutes....

...e by the county emergency services department, and another was made by the law enforcement agency. In the instant inquiry, however, the call is simultaneously received by the county and law enforcement agency and a single tape recording is produced. Section 365.171 , Florida Statutes, is the Florida Emergency Telephone Act....

...ovide citizens with rapid direct access to public safety agencies by dialing the telephone number `911' with the objective of reducing the response time to situations requiring law enforcement, fire, medical, rescue, and other emergency services." 2 Section 365.171 (15), Florida Statutes, provides in part: Any record, recording, or information, or portions thereof, obtained by a public agency or a public safety agency for the purpose of providing services in an emergency and which reveals the na...

...the name, address, telephone number and personal information or information that might identify a person requesting emergency services must be deleted or excised by the records custodian prior to disclosure of the remainder of the recording. 3 While section 365.171 , Florida Statutes, specifically exempts certain information included on a "911" recording from disclosure, nothing in the statute precludes the application of other exemptions which may apply to these recordings. Nor is there any language in section 365.171 , Florida Statutes, which indicates that the Legislature meant to defeat the application of any other exemption or confidentiality provision to information contained in a "911" recording....

...However, the determination as to whether certain information contained in or portions of a public record constitutes active criminal intelligence or investigative information is one which, at least initially, the criminal justice agency must make. Sincerely, Robert A. Butterworth Attorney General RAB/tgk 1 Section 365.171 (1), Fla. Stat. (1993). 2 Section 365.171 (2), Fla....

...or this Court to hold otherwise. The state of Florida provides a significant deterrent against reporting false information to its law enforcement agencies and officers by making such acts punishable by law. F LA.STAT.ANN. § 365.171(16) (West 1995) (false "911" calls); Id....

...at are not 911 call-backs, taking this case outside the exception. Beyond the exceptions found in section 934.03, the City argues that the Florida Emergency Telephone Act permits it to record all incoming and outgoing calls from its 911 call center. Section 365.171, Florida Statutes, empowers the State Technology Office (“STO”) of the Department of Management Services (“department”) with the following purpose: (4) State plan....

...[[Image here]] The department shall be responsible for the implementation and coordination of such plan. The department shall adopt any necessary rules and schedules related to public agencies for implementing and coordinating such plan, pursuant to chapter 120. § 365.171(4), Fla. Stat. (2000). Pursuant to section 365.171 the STO enacted section 3.4.1.1(I) of the 9-1-1 *268 Emergency Telephone Number Plan, which provides that “Each call taker shall be equipped with access to instant playback recording capability with at least 8 minutes of storage cap...

...ations of the Department of General Services is authorized to pay this fee. This opinion does not consider or address any contractual liability which may exist between a state agency and any given utility for utility services provided to the agency. Section 365.171 , F.S., the "Florida Emergency Telephone Act," makes provision for a single, primary three-digit emergency telephone number, i.e., "911," through which emergency services can be quickly and efficiently obtained....

...In enacting the "Florida Emergency Telephone Act," the Legislature declared that this simplified means of obtaining emergency services will result in the saving of lives, a reduction in property damage and quicker apprehension of criminals. As stated in s. 365.171 (2), F.S.: It is the intent of the Legislature to establish and implement a cohesive statewide emergency telephone number "911" plan which will provide citizens with rapid direct access to public safety agencies by dialing the telephone number "911" with the objective of reducing the response time to situations requiring law enforcement, fire, medical, rescue, and other emergency services. The Division of Communications of the Department of General Services is required by s. 365.171 (4), F.S., to develop a statewide emergency telephone number "911" system plan. This plan is, inter alia, to establish the public agency emergency telephone communications requirements for each entity of local government (defined in s. 365.171 [3][c] to mean any city, county, or political subdivision of the state and its agencies) and to provide a system to meet specific local government requirements. This system is to include law enforcement, firefighting, and emergency medical services, and may include other emergency services such as poison control, suicide prevention, and emergency management services. Section 365.171 (4)(a) and (b), F.S....

...t places an order with the telephone utility for a "911" system. Implementation and coordination of the plan is the responsibility of the division which is required to adopt rules and schedules pursuant to Ch. 120 , F.S., to accomplish this purpose. Section 365.171 (4)(e), F.S....

...This subsection also states that "[t]he public agency designated in the plan shall order such system within 6 months after publication date of the plan if the public agency is in receipt of funds appropriated by the Legislature for the implementation and maintenance of the `911' system." See, s. 365.171 (3)(d), F.S., defining "[p]ublic agency" as "the state and any city, county, city and county, municipal corporation, chartered organization, public district, or public authority located . . . within this state which provides, or has authority to provide, firefighting, law enforcement, ambulance, medical, or other emergency services." Section 365.171 (4)(e), F.S., provides that if, as of July 1, 1976, a jurisdiction has used local funding to begin implementation of the state plan as provided in s. 365.171 , such jurisdiction shall be eligible for at least partial reimbursement of its direct cost when and if state funds for reimbursement are available; this provision regarding receipt of and reimbursement from state funds, however, is not the basis of your inquiry. Your inquiry concerns the provisions of s. 365.171 (13)(a), F.S., which states that any county which incurs "nonrecurring charges for the initial provision or subsequent addition of `911' service or equipment, or both service and equipment," may obtain payment for such service and equipment "by imposing a fee to be paid by the local exchange subscribers within its boundaries served by the `911' service." Approval of the "911" fee may be by referendum as provided in s. 365.171 (13)(b), F.S., or by a majority vote of the board of county commissioners of participating counties....

...The county subscribing to "911" service shall remain ultimately responsible to the telephone company for all "911" service and equipment charges. As used in this paragraph, "telephone company" means an exchange telephone service provider of "911" service or equipment to any county within its certificated area. Section 365.171 (13)(a), F.S....

...es,' `standard forms,' `contracts,' and other material required by these regulations as filed with the Commission"; Rule 25-9.002 (4), F.A.C., defining "rate" to mean "the price or charge for utility service." Thus, the "911" fee imposed pursuant to s. 365.171 (13) represents a fixed payment for the nonrecurring charges for service and equipment for a limited period of time which is imposed and collected by the county via the telephone company from local exchange subscribers....

...particular locality because that property derives some special benefit from the expenditure of the money collected by the assessment, in addition to the general benefit accruing to all property or citizens), 82-103 and 82-9. The "911' fee imposed by s. 365.171 (13)(a), F.S., however, is not collected to finance capital improvements to and expansion of a utility system necessary to serve new users nor is it payable pro rata by the users of the expanded system for the use of such improvements and...

...1936); and St. Lucie Estates v. Ashley, 141 So. 738 (Fla. 1932); AGO 75-231. Therefore, while this matter is not free from doubt, in the absence of legislative or judicial direction, I am of the view that the "911" fee authorized to be charged pursuant to s. 365.171 (13)(a), F.S., appears to be in the nature of a tax imposed to defray the nonrecurring charges incurred by a county in implementing the "911" service in that county. Regarding the nonrecurring nature of this fee, compare, s. 365.171 (13)(a), F.S., with s....

...appellants here, are immune from the 10% utility tax levied by the City of Tallahassee, since neither the authorizing constitutional provision nor the implementing statute constitute a waiver of that immunity." 325 So.2d at 3 -4 . My examination of s. 365.171 , F.S., failed to reveal any intention on behalf of the Legislature to waiver the state's sovereign immunity from taxation. Section 365.171 (13), F.S., does not, either expressly or by implication, make provision for imposing the "911" fee upon agencies of the state or upon the state itself....

...1903) (county not subject to garnishment proceeding unless made so by express statutory provision); State v. Peninsular Telephone Company, 75 So. 201 (Fla. 1917); City of St. Petersburg v. Carter, 39 So.2d 804 (Fla. 1949); and AGO's 74-261, 80-68, 80-100. As no express intention appears in s. 365.171 (13), F.S., to make the provisions of the statute applicable to the state or its agencies, I cannot conclude that the state and its agencies are subject to imposition of the fee described therein....