Sheriff, OPD and state attorney Gladson threaten journalist with arrest and prosecution

Marion County Sheriff Billy Woods gets emotional as he speaks about the arrest of two juveniles for the murders of three teenagers in the Ocala National Forest during a press conference at the Marion County Sheriff’s Office i n Ocala, Fla. on Friday, April 7, 2023. [Bruce Ackerman/Ocala Gazette] 2023.

Editor’s note: For information about how this reporting came to fruition, read the backstory here. 

At the cusp of reporting significant research about Marion County’s 911 communications infrastructure over six months, 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 communication center the cell phone call would ring to.

No emergency units would need to be dispatched, and it would likely take less than 10 seconds for a county employee to answer one question: Which 911 call center have I reached?

The reason for the call was to determine if my call would go to the county’s 911 center or to the city’s communication center. After 18 hours with the county and 12 with the city, observing the 911 call takers and dispatchers, I learned that emergency calls from cell phones didn’t always offer pinpoint locations. This could be a significant challenge for first responders trying to find someone who, for example, may have dialed 911 before passing out.  You don’t want an emergency call ringing to the wrong communication center, and the location of the emergency not clear.

Residents who live near county and city lines, or in county enclaves, should know their particular 911 situation in case of emergency.

Marion County Fire Rescue Chief, James Banta and 911 Public Safety Director Lisa Cahill told me to just send an email identifying the time and phone number for the test 911 call, and they would let the floor supervisor know to expect it.

I wrote the required email to the county and copied Ocala officials in case my call went to the Ocala Police Department’s  911 center. In response, OPD Deputy Chief Lou Biondi called me to inform me 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 911 Marion County Communications Center. I asked for written permission from the chair of the County Commission, Michelle Stone, and received it from her by email.

Michelle Hirst, the director of the county’s 911 Management, told me that such call testing by citizens is done regularly.

“Then, if there is something wrong, we can investigate and troubleshoot it,” Hirst explained.

I forwarded the written permission I received from the county to Ocala Mayor Ben Marciano, in case my call somehow got 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, general counsel to the Marion County Sheriff’s Office:

It has come to the attention of the Sheriff that you are attempting to make a “test 911 call” by gaining authorization from the City of Ocala and County government officials and their Public Safety Answering Points (PSAPs). The purpose of this correspondence is to put you on notice that placing such a call is a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine.

To start, you do not need to call 911 to find out which center will receive your call. The two PSAPs can provide you with this information based upon your address. Accordingly, your “test 911 call” is unnecessary.

It is also illegal. Florida Statute §365.172(14) expressly provides that 911 is intended “solely for emergency communications by the public,” and “any person who knowingly uses or attempts to use such service for a purpose other than obtaining public safety assistance” commits a misdemeanor of the first degree.  Your intent, as you have so clearly and eloquently stated within your e-mail communication, is to place “a test call for reporting [key word] on critical emergency communication infrastructure.” If this call is placed, and Florida Statute §365.172(14) is enforced, this statement would contribute to what we call “probable cause.” This decision solely rests in the hands of the criminal justice system. To be clear, there is no exception under the law for test calls or journalistic pursuits. Further, there is no provision in the law which would give the County Commissioners, City Council, or other entity or individual the power to authorize you to break the law.

As a final point, there is no telling what events will be transpiring at the time you place your call. Your test may very well delay an operator’s response to a legitimate emergency, in which every second counts.

For the reasons outlined above, I strongly caution you against making this test call.

Please govern yourself accordingly.

Here was my response:

I disagree with your interpretation of the statute, and the spirit of that law.

It’s my understanding that 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). 

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

Additionally, federal 911 information indicates that it is acceptable to schedule 911 tests: FAQ About Calling 911 | 911.gov

Please give me information that I can share with the public about how they can figure out which PSAP their cell phone is going to triangulate with. 

Duquette emailed back indicating that, in her opinion, none of the sources I cited overcame the state statute prohibiting a test call. She told me to locate where PSAPS were located by visiting a state website.

I then called the nonemergency number in neighboring Citrus County and asked what that county’s policy is 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 Alachua County’s 911 communication center and asked the same thing. Officials there, too, invited me to hang up and call back dialing 911.

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

Thinking that even if the MCSO followed through on its threat to have me arrested, the State Attorney’s Office would not prosecute, I forwarded the email thread to Bill Gladson, state attorney for the 5^th District, expressing my concerns about the sheriff’s stance.

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

Gladson wrote back by email within minutes, “I’ve read the statute, it’s very clear. Nobody is above the law.”

I then canceled my test call.

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

“We have always tested the System by making 911 test calls, which has been a standard practice during my career with the 911 Management department. Coordinated test calls have never been considered misuse of the System, so there needs to be a conversation with OPD & MCSO to figure this out,” wrote Hirst by email the next day.

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

“Where a call routes to and the accuracy provided with the call can change based on a number of factors. You may not always connect with the same tower and weather conditions can decrease the accuracy of the location provided with the call,” she wrote back.

Hirst also said landlines were a more reliable way to reach the right 911 center. “With landline phone service, it’s easy to determine where your call will route to based on your address – homes within the city limits route to OPD and homes outside of the city limits route to PSC.”

When asked if she felt one cellphone carrier was stronger than another in Marion County, Hirst replied, “As for the carriers, I’m not aware of which one would be the optimum choice – that seems to fluctuate – the carriers are continuously adjusting their networks and adding towers.”