House Bill 0513

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    Florida House of Representatives - 1999                 HB 513

        By Representative Logan






  1                      A bill to be entitled

  2         An act relating to trust funds; creating s.

  3         365.173, F.S.; creating the Wireless Emergency

  4         Telephone System Fund within the Department of

  5         Management Services; providing criteria for the

  6         fund; providing for distribution and use of

  7         moneys in the fund; requiring the Auditor

  8         General to annually audit the fund; requiring a

  9         report; providing a contingent effective date.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1.  Section 365.173, Florida Statutes, is

14  created to read:

15         365.173  Wireless Emergency Telephone System Fund.--

16         (1)  All revenues derived from the E911 fee levied on

17  subscribers under s. 365.172 must be paid into the State

18  Treasury on or before the 15th day of each month. Such moneys

19  must be accounted for in a special fund to be designated as

20  the Wireless Emergency Telephone System Fund, a fund created

21  in the Department of Management Services as an insured,

22  interest-bearing account. All moneys in such fund are

23  appropriated to the Department of Management Services for the

24  purposes provided in this section and s. 365.172. These funds

25  are not subject to s. 215.20.

26         (2)  Subject to any modifications approved by the board

27  pursuant to s. 365.172(8)(d), the moneys in the fund shall be

28  distributed and used only as follows:

29         (a)  Forty-four percent of the moneys shall be held in

30  escrow in an insured, interest-bearing account and distributed

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    Florida House of Representatives - 1999                 HB 513

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  1  each month to counties, based on the total number of wireless

  2  subscriber billing addresses in each county, for payment of:

  3         1.  Recurring costs of providing 911 or E911 service,

  4  as provided by s. 365.171(13)(a)6.

  5         2.  Costs to comply with the requirements for E911

  6  service contained in the order and any future rules related to

  7  the order.

  8

  9  A county may carry forward, for up to 3 successive calendar

10  years, up to 30 percent of the total funds disbursed to the

11  county by the board during a calendar year for expenditures

12  for capital outlay, capital improvements, or equipment

13  replacement, if such expenditures are made for the purposes

14  specified in this paragraph.

15         (b)  Fifty-four percent of the moneys shall be held in

16  escrow in an insured, interest-bearing account and distributed

17  in response to sworn invoices submitted to the board by

18  providers to reimburse such providers for the actual costs

19  incurred to provide 911 or E911 service, including the costs

20  of complying with the order. Such costs include costs and

21  expenses incurred by providers to design, purchase, lease,

22  program, install, test, upgrade, operate, and maintain all

23  necessary data, hardware, and software required to provide

24  E911 service. Up to 2 percent of the funds allocated to

25  providers shall be retained by the board to be applied to

26  costs and expenses incurred for the purposes of managing,

27  administering, and overseeing the receipts and disbursements

28  from the fund. Any funds retained for such purposes in a

29  calendar year which are not applied to such costs and expenses

30  by March 31 of the following year shall be distributed to

31  providers pursuant to this paragraph.

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    Florida House of Representatives - 1999                 HB 513

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  1         1.  Distributions of moneys in the fund by the board to

  2  providers must be fair and nondiscriminatory. If the total

  3  amount of moneys requested by providers pursuant to invoices

  4  submitted to the board and approved for payment exceeds the

  5  amount in the fund in any month, providers that have invoices

  6  approved for payment shall receive a pro rata share of moneys

  7  in the fund and the balance of the payments shall be carried

  8  over to the following month or months until all of the

  9  approved payments are made. The board may adopt rules

10  necessary to address the manner in which pro rata

11  distributions are made when the total amount of funds

12  requested by providers pursuant to invoices submitted to the

13  board exceeds the total amount of moneys on deposit in the

14  fund.

15         2.  The board may not make any distributions to

16  providers before January 1, 2000.

17         (c)  Two percent of the moneys shall be used to make

18  monthly distributions to rural counties for the purpose of

19  providing facilities and network and service enhancements and

20  assistance for the 911 or E911 systems operated by rural

21  counties and for the provision of reimbursable loans and

22  grants by the department to rural counties for upgrading 911

23  systems.

24         (3)  The Legislature recognizes that the wireless E911

25  fee authorized under s. 365.172 will not necessarily provide

26  the total funding required for establishing or providing the

27  E911 service. It is the intent of the Legislature that all

28  revenue from the fee be used as specified in s.

29  365.171(13)(a)6.

30         (4)  The Auditor General shall annually audit the fund

31  to ensure that moneys in the fund are being managed in

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    Florida House of Representatives - 1999                 HB 513

    238-270-99






  1  accordance with this section and s. 365.172. The Auditor

  2  General shall provide a report of the annual audit to the

  3  board.

  4         Section 2.  This act shall take effect July 1, 1999, if

  5  House Bill     , or similar legislation relating to wireless

  6  emergency 911 telephone service, is adopted in the same

  7  legislative session or an extension thereof.

  8

  9            *****************************************

10                          HOUSE SUMMARY

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      Creates the Wireless Emergency Telephone System Fund
12    within the Department of Management Services for the
      deposit of fees levied on subscribers of wireless
13    telephone service. Provides for distributing moneys in
      the fund to reimburse counties and providers for the
14    costs of providing 911 and E911 services. Requires that
      the Auditor General audit the fund each year.
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