Florida Senate - 2010                      CS for CS for SB 1202
       
       
       
       By the Committees on Judiciary; and Communications, Energy, and
       Public Utilities; and Senator Bennett
       
       
       
       590-03807-10                                          20101202c2
    1                        A bill to be entitled                      
    2         An act relating to prepaid wireless
    3         telecommunications; amending s. 365.172, F.S.;
    4         removing provisions for a study of the feasibility of
    5         collecting a fee for prepaid wireless
    6         telecommunications service; delaying a provision that
    7         requires an assessment on or collection of a fee for a
    8         prepaid calling arrangement; amending s. 365.173,
    9         F.S.; revising the percentage of total funds that a
   10         county may carry forward to pay certain costs
   11         associated with the county’s E911 or 911 system, to
   12         contract for E911 services, and to reimburse wireless
   13         telephone service providers for costs incurred to
   14         provide such services; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (a) of subsection (8) of section
   19  365.172, Florida Statutes, is amended to read:
   20         365.172 Emergency communications number “E911.”—
   21         (8) E911 FEE.—
   22         (a) Each voice communications services provider shall
   23  collect the fee described in this subsection. Each provider, as
   24  part of its monthly billing process, shall bill the fee as
   25  follows. The fee shall not be assessed on any pay telephone in
   26  the state.
   27         1. Each local exchange carrier shall bill the fee to the
   28  local exchange subscribers on a service-identifier basis, up to
   29  a maximum of 25 access lines per account bill rendered.
   30         2. Except in the case of prepaid wireless service, each
   31  wireless provider shall bill the fee to a subscriber on a per
   32  service-identifier basis for service identifiers whose primary
   33  place of use is within this state. Before July 1, 2013 2009, the
   34  fee shall not be assessed on or collected from a provider with
   35  respect to an end user’s service if that end user’s service is a
   36  prepaid calling arrangement that is subject to s. 212.05(1)(e).
   37         a. The board shall conduct a study to determine whether it
   38  is feasible to collect E911 fees from the sale of prepaid
   39  wireless service. If, based on the findings of the study, the
   40  board determines that a fee should not be collected from the
   41  sale of prepaid wireless service, it shall report its findings
   42  and recommendation to the Governor, the President of the Senate,
   43  and the Speaker of the House of Representatives by December 31,
   44  2008. If the board determines that a fee should be collected
   45  from the sale of prepaid wireless service, the board shall
   46  collect the fee beginning July 1, 2013 2009.
   47         b. For purposes of this section, the term:
   48         (I) “Prepaid wireless service” means the right to access
   49  telecommunications services that must be paid for in advance and
   50  is sold in predetermined units or dollars enabling the
   51  originator to make calls such that the number of units or
   52  dollars declines with use in a known amount.
   53         (II) “Prepaid wireless service providers” includes those
   54  persons who sell prepaid wireless service regardless of its
   55  form, either as a retailer or reseller.
   56         c. The study must include an evaluation of methods by which
   57  E911 fees may be collected from end users and purchasers of
   58  prepaid wireless service on an equitable, efficient,
   59  competitively neutral, and nondiscriminatory basis and must
   60  consider whether the collection of fees on prepaid wireless
   61  service would constitute an efficient use of public funds given
   62  the technological and practical considerations of collecting the
   63  fee based on the varying methodologies prepaid wireless service
   64  providers and their agents use in marketing prepaid wireless
   65  service.
   66         d. The study must include a review and evaluation of the
   67  collection of E911 fees on prepaid wireless service at the point
   68  of sale within the state. This evaluation must be consistent
   69  with the collection principles of end user charges such as those
   70  in s. 212.05(1)(e).
   71         e. No later than 90 days after this section becomes law,
   72  the board shall require all prepaid wireless service providers,
   73  including resellers, to provide the board with information that
   74  the board determines is necessary to discharge its duties under
   75  this section, including information necessary for its
   76  recommendation, such as total retail and reseller prepaid
   77  wireless service sales.
   78         f. All subscriber information provided by a prepaid
   79  wireless service provider in response to a request from the
   80  board while conducting this study is subject to s. 365.174.
   81         g. The study shall be conducted by an entity competent and
   82  knowledgeable in matters of state taxation policy if the board
   83  does not possess that expertise. The study must be paid from the
   84  moneys distributed to the board for administrative purposes
   85  under s. 365.173(2)(f) but may not exceed $250,000.
   86         3. All voice communications services providers not
   87  addressed under subparagraphs 1. and 2. shall bill the fee on a
   88  per-service-identifier basis for service identifiers whose
   89  primary place of use is within the state up to a maximum of 25
   90  service identifiers for each account bill rendered.
   91  
   92  The provider may list the fee as a separate entry on each bill,
   93  in which case the fee must be identified as a fee for E911
   94  services. A provider shall remit the fee to the board only if
   95  the fee is paid by the subscriber. If a provider receives a
   96  partial payment for a monthly bill from a subscriber, the amount
   97  received shall first be applied to the payment due the provider
   98  for providing voice communications service.
   99         Section 2. Paragraph (c) of subsection (2) of section
  100  365.173, Florida Statutes, is amended to read:
  101         365.173 Emergency Communications Number E911 System Fund.—
  102         (2) As determined by the board pursuant to s.
  103  365.172(8)(h), and subject to any modifications approved by the
  104  board pursuant to s. 365.172(6)(a)3. or (8)(i), the moneys in
  105  the fund shall be distributed and used only as follows:
  106         (c) Any county that receives funds under paragraphs (a) and
  107  (b) shall establish a fund to be used exclusively for the
  108  receipt and expenditure of the revenues collected under
  109  paragraphs (a) and (b). All fees placed in the fund and any
  110  interest accrued shall be used solely for costs described in
  111  subparagraphs (a)1. and 2. The money collected and interest
  112  earned in this fund shall be appropriated for these purposes by
  113  the county commissioners and incorporated into the annual county
  114  budget. The fund shall be included within the financial audit
  115  performed in accordance with s. 218.39. A county may carry
  116  forward up to 30 20 percent of the total funds disbursed to the
  117  county by the board during a calendar year for expenditures for
  118  capital outlay, capital improvements, or equipment replacement,
  119  if such expenditures are made for the purposes specified in
  120  subparagraphs (a)1. and 2.; however, the 30 percent 20-percent
  121  limitation does not apply to funds disbursed to a county under
  122  s. 365.172(6)(a)3., and a county may carry forward any
  123  percentage of the funds, except that any grant provided shall
  124  continue to be subject to any condition imposed by the board. In
  125  order to prevent an excess recovery of costs incurred in
  126  providing E911 service, a county that receives funds greater
  127  than the permissible E911 costs described in s. 365.172(9),
  128  including the 30 20 percent carryforward allowance, must return
  129  the excess funds to the E911 board to be allocated under s.
  130  365.172(6)(a).
  131  
  132  The Legislature recognizes that the fee authorized under s.
  133  365.172 may not necessarily provide the total funding required
  134  for establishing or providing the E911 service. It is the intent
  135  of the Legislature that all revenue from the fee be used as
  136  specified in this subsection.
  137         Section 3. This act shall take effect July 1, 2010.