House Bill 0513e1
CODING: Words stricken are deletions; words underlined are additions.
HB 513, First Engrossed
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 use of moneys in the fund;
7 requiring providers to submit budgets and
8 supporting information to the board; requiring
9 the board to submit a legislative budget
10 request to the Legislature; requiring the
11 Auditor General to annually audit the fund;
12 requiring a report; providing a contingent
13 effective date.
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15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. Section 365.173, Florida Statutes, is
18 created to read:
19 365.173 Wireless Emergency Telephone System Fund.--
20 (1) All revenues derived from the E911 fee levied on
21 subscribers under s. 365.172 must be paid into the State
22 Treasury on or before the 15th day of each month. Such moneys
23 must be accounted for in a special fund to be designated as
24 the Wireless Emergency Telephone System Fund, a fund created
25 in the Department of Management Services as an insured,
26 interest-bearing account. All moneys in such fund are to be
27 expended by the Department of Management Services for the
28 purposes provided in this section and s. 365.172. These funds
29 are not subject to s. 215.20.
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HB 513, First Engrossed
1 (2) Subject to any modifications approved by the board
2 pursuant to s. 365.172(8)(d), the moneys in the fund shall be
3 distributed and used only as follows:
4 (a) Forty-four percent of the moneys shall be held in
5 escrow in an insured, interest-bearing account and distributed
6 each month to counties, based on the total number of wireless
7 subscriber billing addresses in each county, for payment of:
8 1. Recurring costs of providing 911 or E911 service,
9 as provided by s. 365.171(13)(a)6.
10 2. Costs to comply with the requirements for E911
11 service contained in the order and any future rules related to
12 the order.
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14 A county may carry forward, for up to 3 successive calendar
15 years, up to 30 percent of the total funds disbursed to the
16 county by the board during a calendar year for expenditures
17 for capital outlay, capital improvements, or equipment
18 replacement, if such expenditures are made for the purposes
19 specified in this paragraph.
20 (b) Fifty-four percent of the moneys shall be held in
21 escrow in an insured, interest-bearing account and distributed
22 in response to sworn invoices submitted to the board by
23 providers to reimburse such providers for the actual costs
24 incurred to provide 911 or E911 service, including the costs
25 of complying with the order. Such costs include costs and
26 expenses incurred by providers to design, purchase, lease,
27 program, install, test, upgrade, operate, and maintain all
28 necessary data, hardware, and software required to provide
29 E911 service. Up to 2 percent of the funds allocated to
30 providers shall be retained by the board to be applied to
31 costs and expenses incurred for the purposes of managing,
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CODING: Words stricken are deletions; words underlined are additions.
HB 513, First Engrossed
1 administering, and overseeing the receipts and disbursements
2 from the fund. Any funds retained for such purposes in a
3 calendar year which are not applied to such costs and expenses
4 by March 31 of the following year shall be distributed to
5 providers pursuant to this paragraph. Beginning in state
6 fiscal year 2000-2001, each provider shall submit to the
7 board, by August 1 of each year, a detailed estimate of the
8 capital and operating expenses for which it anticipates that
9 it will seek reimbursement under this paragraph during the
10 ensuing state fiscal year. By September 1 of each year, the
11 board shall submit to the Legislature its legislative budget
12 request for funds to be allocated to providers under this
13 paragraph during the ensuing state fiscal year. The budget
14 request shall be based on the information submitted by the
15 providers and estimated surcharge revenues.
16 1. Distributions of moneys in the fund by the board to
17 providers must be fair and nondiscriminatory. If the total
18 amount of moneys requested by providers pursuant to invoices
19 submitted to the board and approved for payment exceeds the
20 amount in the fund in any month, providers that have invoices
21 approved for payment shall receive a pro rata share of moneys
22 in the fund and the balance of the payments shall be carried
23 over to the following month or months until all of the
24 approved payments are made. The board may adopt rules
25 necessary to address the manner in which pro rata
26 distributions are made when the total amount of funds
27 requested by providers pursuant to invoices submitted to the
28 board exceeds the total amount of moneys on deposit in the
29 fund.
30 2. The board may not make any distributions to
31 providers before January 1, 2000.
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HB 513, First Engrossed
1 (c) Two percent of the moneys shall be used to make
2 monthly distributions to rural counties for the purpose of
3 providing facilities and network and service enhancements and
4 assistance for the 911 or E911 systems operated by rural
5 counties and for the provision of reimbursable loans and
6 grants by the department to rural counties for upgrading 911
7 systems.
8 (3) The Legislature recognizes that the wireless E911
9 fee authorized under s. 365.172 will not necessarily provide
10 the total funding required for establishing or providing the
11 E911 service. It is the intent of the Legislature that all
12 revenue from the fee be used as specified in s.
13 365.171(13)(a)6.
14 (4) The Auditor General shall annually audit the fund
15 to ensure that moneys in the fund are being managed in
16 accordance with this section and s. 365.172. The Auditor
17 General shall provide a report of the annual audit to the
18 board.
19 Section 2. This act shall take effect July 1, 1999, if
20 House Bill 621 or similar legislation, relating to wireless
21 emergency 911 telephone service, is adopted in the same
22 legislative session or an extension thereof.
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