Sheriff, OPD and State's Attorney Gladson threaten reporter with arrest and prosecution

On the eve of reporting on a major six-month investigation into Marion County's 911 communications infrastructure, I asked county officials if a reporter could schedule a test call from my home in the county but just outside the Ocala city limits to see which 911 communications center the cellphone call would ring.

No emergency units would be dispatched, and it would likely take a county employee less than 10 seconds to answer a question: “Which 911 call center did I contact?”

The reason for this call was to determine whether my call should be routed to the county 911 center or the city’s communications center. After 18 hours with the county and 12 hours with the city, observing 911 call takers and dispatchers, I learned that emergency calls from cell phones don’t always provide accurate locations. This could be a significant challenge for first responders trying to locate someone who, for example, may have dialed 911 before passing out. You don’t want an emergency call to ring the wrong communications center and have the location of the emergency unclear.

Residents who live near county and city limits, or in enclaves of the county, should be aware of their specific situation when calling 911 in the event of an emergency.

Marion County Fire Chief James Banta and 911 Public Safety Director Lisa Cahill told me to simply send an email with the time and phone number of the 911 test call, and they would notify the floor supervisor to expect it.

I wrote the required email to the county and copied Ocala officials in case my call was sent to the Ocala Police Department’s 911 center. In response, OPD Deputy Chief Lou Biondi called to inform me that my test call would be a violation of Florida Statute §365.172(14) and would result in a misdemeanor criminal charge against me.

The county has the authority to approve such call testing because it operates the Marion County 911 communications center. I requested written authorization from County Commission Chairwoman Michelle Stone and received it from her via email.

Michelle Hirst, the county's 911 management director, told me that such tests of citizen calls are done regularly.

“Then if there is a problem, we can investigate and resolve the problem,” Hirst explained.

I forwarded the written permission I received from the county to Ocala Mayor Ben Marciano, in case my call was somehow routed to the city’s 911 center. Marciano never responded to the email, but the next morning, before I could make the test call, I received an email from Marissa Duquette, the general counsel for the Marion County Sheriff’s Office:

The Sheriff has been notified that you are attempting to place a “911 test call” by obtaining permission from Ocala City and County officials and their Public Safety Answering Points (PSAPs). The purpose of this correspondence is to inform you that placing such a call is a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine.

First of all, you don't need to call 911 to find out which center will receive your call. Both emergency call centers can provide you with this information based on your address. Therefore, your “test call to 911” is useless.

It is also illegal. Florida Statute §365.172(14) expressly states that 911 is intended “for emergency communications by the public only” and that “any person who knowingly uses or attempts to use this service for any purpose other than obtaining public safety assistance” commits a first-degree misdemeanor. Your intent, as you so clearly and eloquently stated in your email communication, is to make “a test call to report [key word] “on critical emergency communications infrastructure.” If this call is made and Florida Statute §365.172(14) is applied, this statement would contribute to what we call “probable cause.” That determination rests solely in the hands of the criminal justice system. To be clear, there is no exception in the law for test calls or journalistic activities. Further, there is no provision in the law that would give county commissioners, city council, or any other entity or individual the authority to authorize you to violate the law.

Finally, there is no way to know what events will occur at the time you place your call. Your test may very well delay an operator's response to a real emergency, where every second counts.

For the reasons described above, I strongly advise against making this test call.

Please act accordingly.

Here is my answer :

I do not agree with your interpretation of the law and its spirit.

From what I understand, the county has the authority to test and authorize a test of a 911 PSAP, according to this state document: TABLE OF CONTENTS (ccplatform.net).

Additionally, the National Association of State 911 Administrators (standards adopted by our county) allows 911 test calls: NASNA (nasna911.org) with coordination – which I did.

Additionally, federal 911 information indicates that it is acceptable to schedule 911 tests: FAQs about calling 911 | 911.gov

Please provide me with some information that I can share with the public on how they can determine which PSAP their cell phone will triangulate with.

Duquette emailed me back saying that she believed none of the sources I cited could override the state law prohibiting test calls. She asked me to locate PSAPs by visiting a state website.

I then called the non-emergency number in neighboring Citrus County and asked what that county's policy was for citizens wishing to make a test call to 911. I was told I could hang up and make a test call immediately.

I called the Alachua County 911 center and asked the same question. They also told me to hang up and call 911 again.

I also found another Florida county that has instructions on its website on how citizens can coordinate a test call to 911.

Believing that even if the MCSO carried out their threat and had me arrested, the State Attorney's office would not pursue it, I forwarded the thread via email to Bill Gladson, State Attorney for the 5^th District, expressing my concerns about the Sheriff's position.

I didn't realize when I sent the email that the sheriff and Gladson had already coordinated their positions.

Gladson responded by email a few minutes later: “I have read the law, it is very clear. No one is above the law.”

I then cancelled my test call.

Marion County officials told me they would follow up with law enforcement regarding my request and the responses given.

“We have always tested the system by making test calls to 911, which has been a common practice throughout my career in 911 management. Coordinated test calls have never been considered an abuse of the system, so this needs to be discussed with the police department and MCSO to resolve this issue,” Hirst wrote in an email the next day.

When I asked Hirst how cell phones route calls, she said there are many factors to consider.

“The destination of a call and the accuracy provided by the call can vary depending on a number of factors. You may not always be in contact with the same tower and weather conditions can decrease the accuracy of the location provided by the call,” she replied.

Hirst also said landlines are a more reliable way to reach the right 911 center. “With landline service, it's easy to determine where your call will be routed based on your address: homes within city limits are routed to OPD and homes outside city limits are routed to PSC.”

Asked if she thought one cell phone carrier was stronger than another in Marion County, Hirst said, “As far as carriers, I don't know which one would be the optimal choice – it seems to fluctuate – carriers are continually adjusting their networks and adding towers.”