Senate Bill sb2198c1

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    Florida Senate - 2002                           CS for SB 2198

    By the Committee on Comprehensive Planning, Local and Military
    Affairs; and Senator Mitchell




    316-2089-02

  1                      A bill to be entitled

  2         An act relating to emergency telephone number

  3         "911"; amending s. 365.171, F.S.; revising the

  4         distribution of the "911" fee; amending s.

  5         365.172, F.S.; defining the term "statewide

  6         programs"; providing for the duties of the

  7         Wireless 911 Board; providing for accounting

  8         services; providing for the administration of

  9         the Wireless 911 Fee; amending s. 365.173,

10         F.S.; revising the distribution of funds;

11         providing for county funds; providing an

12         effective date.

13

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

15

16         Section 1.  Paragraphs (a) and (c) of subsection (13)

17  of section 365.171, Florida Statutes, are amended to read:

18         365.171  Emergency telephone number "911."--

19         (13)  "911" FEE.--

20         (a)  Following approval by referendum as set forth in

21  paragraph (b), or following approval by a majority vote of its

22  board of county commissioners, a county may impose a "911" fee

23  to be paid by the local exchange subscribers within its

24  boundaries served by the "911" service.  Proceeds from the

25  "911" fee shall be used only for "911" expenditures as set

26  forth in subparagraph 6.  The manner of imposing and

27  collecting said payment shall be as follows:

28         1.  At the request of the county subscribing to "911"

29  service, the telephone company shall, insofar as is

30  practicable, bill the "911" fee to the local exchange

31  subscribers served by the "911" service, on an individual

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  1  access line basis, at a rate not to exceed 50 cents per month

  2  per line (up to a maximum of 25 access lines per account bill

  3  rendered).  However, the fee may not be assessed on any pay

  4  telephone in this state.  A county collecting the fee for the

  5  first time may collect the fee for no longer than 36 months

  6  without initiating the acquisition of its "911" equipment.

  7         2.  Fees collected by the telephone company pursuant to

  8  subparagraph 1. shall be returned to the county, less the

  9  costs of administration retained by the company and the

10  required distribution to the State Technology Office pursuant

11  to paragraph (c).  The county shall provide a minimum of 90

12  days' written notice to the telephone company prior to the

13  collection of any "911" fees.

14         3.  Any county that currently has an operational "911"

15  system or that is actively pursuing the implementation of a

16  "911" system shall establish a fund to be used exclusively for

17  receipt and expenditure of "911" fee revenues collected

18  pursuant to this section.  All fees placed in said fund, and

19  any interest accrued thereupon, shall be used solely for "911"

20  costs described in subparagraph 6.  The money collected and

21  interest earned in this fund shall be appropriated for "911"

22  purposes by the county commissioners and incorporated into the

23  annual county budget. Such fund shall be included within the

24  financial audit performed in accordance with s. 218.39. A

25  report of the audit shall be forwarded to the office within 60

26  days of its completion.  A county may carry forward on an

27  annual basis unspent moneys in the fund for expenditures

28  allowed by this section, or it may reduce its fee. However, in

29  no event shall a county carry forward more than 10 percent of

30  the "911" fee billed for the prior year. The amount of moneys

31  carried forward each year may be accumulated in order to allow

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  1  for capital improvements described in this subsection.  The

  2  carryover shall be documented by resolution of the board of

  3  county commissioners expressing the purpose of the carryover

  4  or by an adopted capital improvement program identifying

  5  projected expansion or replacement expenditures for "911"

  6  equipment and service features, or both.  In no event shall

  7  the "911" fee carryover surplus moneys be used for any purpose

  8  other than for the "911" equipment, service features, and

  9  installation charges authorized in subparagraph 6. Nothing in

10  this section shall prohibit a county from using other sources

11  of revenue for improvements, replacements, or expansions of

12  its "911" system. A county may increase its fee for purposes

13  authorized in this section. However, in no case shall the fee

14  exceed 50 cents per month per line.  All current "911" fees

15  shall be reported to the office within 30 days of the start of

16  each county's fiscal period. Any fee adjustment made by a

17  county shall be reported to the office. A county shall give

18  the telephone company a 90-day written notice of such fee

19  adjustment.

20         4.  The telephone company shall have no obligation to

21  take any legal action to enforce collection of the "911" fee.

22  The telephone company shall provide quarterly to the county a

23  list of the names, addresses, and telephone numbers of any and

24  all subscribers who have identified to the telephone company

25  their refusal to pay the "911" fee.

26         5.  The county subscribing to "911" service shall

27  remain liable to the telephone company for any "911" service,

28  equipment, operation, or maintenance charge owed by the county

29  to the telephone company.

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  1  As used in this paragraph, "telephone company" means an

  2  exchange telephone service provider of "911" service or

  3  equipment to any county within its certificated area.

  4         6.  It is the intent of the Legislature that the "911"

  5  fee authorized by this section to be imposed by counties will

  6  not necessarily provide the total funding required for

  7  establishing or providing the "911" service.  For purposes of

  8  this section, "911" service includes the functions of database

  9  management, call taking, location verification, and call

10  transfer.  The following costs directly attributable to the

11  establishment and/or provision of "911" service are eligible

12  for expenditure of moneys derived from imposition of the "911"

13  fee authorized by this section:  the acquisition,

14  implementation, and maintenance of Public Safety Answering

15  Point (PSAP) equipment and "911" service features, as defined

16  in the Florida Public Service Commission's lawfully approved

17  "911" and related tariffs and/or the acquisition,

18  installation, and maintenance of other "911" equipment,

19  including call answering equipment, call transfer equipment,

20  ANI controllers, ALI controllers, ANI displays, ALI displays,

21  station instruments, "911" telecommunications systems,

22  teleprinters, logging recorders, instant playback recorders,

23  telephone devices for the deaf (TDD) used in the "911" system,

24  PSAP backup power systems, consoles, automatic call

25  distributors, and interfaces (hardware and software) for

26  computer-aided dispatch (CAD) systems; salary and associated

27  expenses for "911" call takers for that portion of their time

28  spent taking and transferring "911" calls; salary and

29  associated expenses for a county to employ a full-time

30  equivalent "911" coordinator position and a full-time

31  equivalent staff assistant position per county for the portion

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    Florida Senate - 2002                           CS for SB 2198
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  1  of their time spent administrating the "911" system; training

  2  costs for PSAP call takers in the proper methods and

  3  techniques used in taking and transferring "911" calls;

  4  expenses required to develop and maintain all information (ALI

  5  and ANI databases and other information source repositories)

  6  necessary to properly inform call takers as to location

  7  address, type of emergency, and other information directly

  8  relevant to the "911" call-taking and transferring function;

  9  and, in a county defined in s. 125.011(1), such expenses

10  related to a nonemergency "311" system, or similar

11  nonemergency system, which improves the overall efficiency of

12  an existing "911" system or reduces "911" emergency response

13  time for a 2-year pilot project that ends June 30, 2003.

14  However, no wireless telephone service provider shall be

15  required to participate in this pilot project or to otherwise

16  implement a nonemergency "311" system or similar nonemergency

17  system. The "911" fee revenues shall not be used to pay for

18  any item not listed, including, but not limited to, any

19  capital or operational costs for emergency responses which

20  occur after the call transfer to the responding public safety

21  entity and the costs for constructing buildings, leasing

22  buildings, maintaining buildings, or renovating buildings,

23  except for those building modifications necessary to maintain

24  the security and environmental integrity of the PSAP and "911"

25  equipment rooms.

26         7.  It is the goal of the Legislature that enhanced

27  "911" service be available throughout the state.  Expenditure

28  by counties of the "911" fees authorized by this section

29  should support this goal to the greatest extent feasible

30  within the context of local service needs and fiscal

31  capability. Nothing in this section shall be construed to

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    Florida Senate - 2002                           CS for SB 2198
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  1  prohibit two or more counties from establishing a combined

  2  emergency "911" telephone service by interlocal agreement and

  3  utilizing the "911" fees authorized by this section for such

  4  combined "911" service.

  5         (c)  Any county imposing a "911" fee in accordance with

  6  the provisions of this subsection shall allow the telephone

  7  company to retain as an administrative fee an amount equal to

  8  1 percent of the total "911" fee collected by the telephone

  9  company and to distribute 0.75 percent of the total "911" fee

10  collected by the telephone company to the office for funding

11  the statewide "911" system director functions provided in

12  subsection (5).

13         Section 2.  Present paragraph (r) of subsection (3) of

14  section 365.172, Florida Statutes, is redesignated as

15  paragraph (s) and a new paragraph (r) is added to that

16  subsection, and paragraph (a) of subsection (5), paragraph (a)

17  of subsection (6), subsection (7), paragraphs (a) and (b) of

18  subsection (8), paragraph (d) of subsection (9), and paragraph

19  (b) of subsection (10) of that section are amended, to read:

20         365.172  Wireless emergency telephone number "E911."--

21         (3)  DEFINITIONS.--As used in this section and ss.

22  365.173 and 365.174, the term:

23         (r)  "Statewide programs" includes administration and

24  operations of the board; providing staff support for statewide

25  E911 service from the office; providing assistance to rural

26  counties for implementation or operating enhanced 911 service

27  within the county; providing for research and development of

28  issues related to defining the most cost effective and

29  efficient alternatives for implementation of enhancements to

30  the Florida 911 systems; providing for pilot projects, with

31  statewide implications, to improve the accuracy of the

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  1  information contained in the 911 ALI database, to reduce the

  2  cost of database maintenance and to incorporate new

  3  application capability into the data base (such as Local

  4  Number Portability-LNP); and providing a source of funds to

  5  encourage counties and providers to increase the deployment of

  6  advanced features into the 911 systems operated in the state.

  7         (5)  THE WIRELESS 911 BOARD.--

  8         (a)  The Wireless 911 Board is established to

  9  administer, with oversight by the office, the fee imposed

10  under subsection (8), including receiving revenues derived

11  from the fee; distributing portions of such revenues to

12  providers, counties, and the office; accounting for receipts,

13  distributions, and income derived by the funds maintained in

14  the fund; developing, managing and administering the

15  "statewide programs" to promote the efficient, effective, and

16  timely implementation of statewide enhanced 911 service; and

17  providing annual reports to the Governor and the Legislature

18  for submission by the office on amounts collected and

19  expended, the purposes for which expenditures have been made,

20  and the status of wireless E911 service in this state. In

21  order to advise and assist the office in carrying out the

22  purposes of this section, the board, which shall have the

23  power of a body corporate, shall have the powers enumerated in

24  subsection (6).

25         (6)  AUTHORITY OF THE BOARD; ANNUAL REPORT.--

26         (a)  The board shall:

27         1.  Administer the E911 fee.

28         2.  Implement, maintain, and oversee the fund.

29         3.  Review and oversee the disbursement of the revenues

30  deposited into the fund as provided in s. 365.173. The board

31  may establish a schedule for implementing wireless E911

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    Florida Senate - 2002                           CS for SB 2198
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  1  service by service area, and prioritize disbursements of

  2  revenues from the fund to providers and rural counties as

  3  provided in s. 365.173(2)(c) and (d) s. 365.173(2)(b) and (c)

  4  pursuant to the schedule, in order to implement E911 services

  5  in the most efficient and cost-effective manner.

  6         4.  Review documentation submitted by providers which

  7  reflects current and projected funds derived from the E911

  8  fee, and the expenses incurred and expected to be incurred, in

  9  order to comply with the E911 service requirements contained

10  in the order for the purposes of:

11         a.  Ensuring that providers receive fair and equitable

12  distributions of funds from the fund.

13         b.  Ensuring that providers are not provided

14  disbursements from the fund which exceed the costs of

15  providing E911 service, including the costs of complying with

16  the order.

17         c.  Ascertaining the projected costs of compliance with

18  the requirements of the order and projected collections of the

19  E911 fee.

20         d.  Implementing changes to the allocation percentages

21  or reducing the E911 fee under paragraph (8)(c).

22         5.  Review and approve or reject, in whole or in part,

23  applications submitted by providers for recovery of moneys

24  deposited into the fund.

25         6.  Hire and retain employees for the purposes of

26  performing administrative functions for the board.

27         7.  Make and enter into contracts, pursuant to chapter

28  287, and execute other instruments necessary or convenient for

29  the exercise of the powers and functions of the board.

30         8.  Take all necessary and reasonable steps by July 1,

31  2000, to secure appropriate information and reports from

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  1  providers and otherwise perform all of the functions that

  2  would be performed by an independent accounting firm prior to

  3  completing the request-for-proposals process under subsection

  4  (7).

  5         9.  Sue and be sued, and appear and defend in all

  6  actions and proceedings, in its corporate name to the same

  7  extent as a natural person.

  8         10.  Adopt, use, and alter a common corporate seal.

  9         11.  Elect or appoint the officers and agents that are

10  required by the affairs of the board.

11         12.  The board may adopt rules under ss. 120.536(1) and

12  120.54 to implement this section and ss. 365.173 and 365.174.

13         13.  Do all acts and things necessary or convenient to

14  carry out the powers granted in this section, including but

15  not limited to, consideration of emerging technology and

16  related cost savings.

17         (7)  REQUEST FOR PROPOSALS FOR INDEPENDENT ACCOUNTING

18  FIRM.--

19         (a)  The board shall issue a request for proposals as

20  provided in chapter 287 for the purpose of retaining an

21  independent accounting firm. The independent accounting firm

22  shall perform all material administrative and accounting tasks

23  and functions required for administering the E911 fee. The

24  request for proposals must include, but need not be limited

25  to:

26         1.  A description of the scope and general requirements

27  of the services requested.

28         2.  A description of the specific accounting and

29  reporting services required for administering the fund,

30  including processing checks and distributing funds as directed

31  by the board under s. 365.173.

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  1         3.  A description of information to be provided by the

  2  proposer, including the proposer's background and

  3  qualifications and the proposed cost of the services to be

  4  provided.

  5         (b)  The board shall establish a committee to review

  6  requests for proposals which must include the statewide 911

  7  system director, or his or her designee, and two members of

  8  the board, one of whom is a county 911 coordinator and one of

  9  whom represents the wireless telecommunications industry. The

10  review committee shall review the proposals received by the

11  board and recommend an independent accounting firm to the

12  board for final selection. By agreeing to serve on the review

13  committee, each member of the review committee shall verify

14  that he or she does not have any interest or employment,

15  directly or indirectly, with potential proposers which

16  conflicts in any manner or degree with his or her performance

17  on the committee.

18         (c)  After July 1, 2003, the board may secure the

19  services of an independent accounting firm by an invitation to

20  bid, request for proposal, invitation to negotiate or

21  professional contracts already established at the Division of

22  Purchasing, Department of Management Services for certified

23  public accounting firms or the board may hire and retain

24  professional accounting staff to accomplish these functions.

25         (8)  WIRELESS E911 FEE.--

26         (a)1.  Each provider shall collect a monthly fee

27  imposed on each customer whose place of primary use is service

28  subscriber who has a service number that has a billing address

29  within this state. The rate of the fee shall be 50 cents per

30  month per each service number, beginning August 1, 1999. The

31  fee shall apply uniformly and be imposed throughout the state.

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  1         2.  The Wireless 911 Fee imposed by this section shall

  2  be administered in accordance with the Mobile

  3  Telecommunications Sourcing Act, 4 U.S.C. ss. 116-126. For

  4  purposes of this section, each of the terms and corresponding

  5  definitions of those terms set forth in 4 U.S.C. s. 124 apply.

  6         (b)  The fee is established to ensure full recovery for

  7  providers and for counties, over a reasonable period, of the

  8  costs associated with developing and maintaining an E911

  9  system on a technologically and competitively neutral basis

10  and to provide support for the functions of the statewide 911

11  system director as defined in s. 365.171(5).

12         (9)  MANAGEMENT OF FUNDS.--

13         (d)  Each provider shall deliver revenues from the fee

14  to the board within 60 days after the end of the month in

15  which the fee was billed. At the board's request, but not more

16  often than twice a year, together with a monthly report of the

17  number of billing addresses of wireless subscribers whose

18  place of primary use is in each county. A provider may apply

19  to the board for a refund of, or may take a credit for, any

20  fees remitted to the board which are not collected by the

21  provider within 6 months following the month in which the fees

22  are charged off for federal income tax purposes as bad debt.

23  The board may waive the requirement that the fees and number

24  of wireless subscribers with a place of primary use in each

25  county billing addresses be submitted to the board each month

26  and authorize a provider to submit the fees and number of

27  subscribers billing addresses quarterly if the provider

28  demonstrates that such waiver is necessary and justified.

29         (10)  PROVISION OF SERVICES.--In accordance with the

30  order, a provider is not required to provide E911 service

31  until:

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  1         (b)  Funds are available under s. 365.173(2)(c) s.

  2  365.173(2)(b).

  3         Section 3.  Subsection (2) of section 365.173, Florida

  4  Statutes, is amended to read:

  5         365.173  Wireless Emergency Telephone System Fund.--

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

  7  pursuant to s. 365.172(8)(c), the moneys in the fund shall be

  8  distributed and used only as follows:

  9         (a)  Forty-three and three-fourths Forty-four percent

10  of the moneys shall be distributed each month to counties,

11  based on the population of total number of wireless subscriber

12  billing addresses in each county as of June 30th of each year

13  as reported by the Florida Association of Counties, for

14  payment of:

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

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

17         2.  Costs to comply with the requirements for E911

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

19  the order.

20

21  Any county that receives moneys pursuant to this paragraph

22  shall establish a fund to be used exclusively for receipt and

23  expenditure of the revenues collected pursuant to this

24  paragraph.  All fees placed in the fund, and any interest

25  accrued thereupon, shall be used solely for costs described in

26  subparagraphs 1. and 2.  The money collected and interest

27  earned in this fund shall be appropriated for these purposes

28  by the county commissioners and incorporated into the annual

29  county budget.  Such fund shall be included within the

30  financial audit performed in accordance with s. 218.39.  A

31  county may carry forward, for up to 3 successive calendar

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

  2  county by the board during a calendar year for expenditures

  3  for capital outlay, capital improvements, or equipment

  4  replacement, if such expenditures are made for the purposes

  5  specified in this paragraph.

  6         (b)  Three-fourths of one percent of the moneys shall

  7  be distributed each month to the office for support of the

  8  functions of the statewide 911 system director as provided in

  9  s. 365.171(5).

10         (c)(b)  Fifty-three and one-half Fifty-four percent of

11  the moneys shall be distributed in response to sworn invoices

12  submitted to the board by providers to reimburse such

13  providers for the actual costs incurred to provide 911 or E911

14  service, including the costs of complying with the order. Such

15  costs include costs and expenses incurred by providers to

16  design, purchase, lease, program, install, test, upgrade,

17  operate, and maintain all necessary data, hardware, and

18  software required to provide E911 service. Two Up to 2 percent

19  of the funds allocated to providers shall be retained by the

20  board to be applied to costs and expenses incurred for the

21  purposes of managing, administering, and overseeing the

22  statewide programs. receipts and disbursements from the fund.

23  Any funds retained for such purposes in a calendar year which

24  are not applied to such costs and expenses by March 31 of the

25  following year shall be distributed to providers pursuant to

26  this paragraph. Beginning in state fiscal year 2000-2001, each

27  provider shall submit to the board, by August 1 of each year,

28  a detailed estimate of the capital and operating expenses for

29  which it anticipates that it will seek reimbursement under

30  this paragraph during the ensuing state fiscal year. By

31  September 15 of each year, the board shall submit to the

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  1  Legislature its legislative budget request for funds to be

  2  allocated to providers under this paragraph during the ensuing

  3  state fiscal year. The budget request shall be based on the

  4  information submitted by the providers and estimated surcharge

  5  revenues. Distributions of moneys in the fund by the board to

  6  providers must be fair and nondiscriminatory. If the total

  7  amount of moneys requested by providers pursuant to invoices

  8  submitted to the board and approved for payment exceeds the

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

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

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

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

13  approved payments are made. The board may adopt rules

14  necessary to address the manner in which pro rata

15  distributions are made when the total amount of funds

16  requested by providers pursuant to invoices submitted to the

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

18  fund.

19         (d)(c)  Two percent of the moneys shall be allocated

20  for statewide programs as defined in s. 365.172 used to make

21  monthly distributions to rural counties for the purpose of

22  providing facilities and network and service enhancements and

23  assistance for the 911 or E911 systems operated by rural

24  counties and for the provision of reimbursable loans and

25  grants by the office to rural counties for upgrading 911

26  systems.

27

28  The Legislature recognizes that the wireless E911 fee

29  authorized under s. 365.172 will not necessarily provide the

30  total funding required for establishing or providing the 911

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  1  service. It is the intent of the Legislature that all revenue

  2  from the fee be used as specified in s. 365.171(13)(a)6.

  3         Section 4.  This act shall take effect October 1, 2002.

  4

  5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  6                             SB 2198

  7

  8  The CS differs from the bill as filed in that it:

  9        deletes the requirement that the board have an
          independent accounting firm audit the board's financial
10        status and provide a copy to the Auditor General if the
          board hires staff to assist the board;
11
          restates that proceeds from the E911 fee may be used to
12        support the functions of the statewide 911 director;

13        implements the Auditor General's recommendations that
          the Legislature amend s. 365.173, F.S., to require the
14        counties to establish a fund to be used exclusively to
          account for the receipt and expenditure of E911 fee
15        revenues, and to address the disposition of E911 fee
          revenues received by counties when those revenues are
16        not used in the current calendar year or when carried
          forward and not used within three successive calendar
17        years.

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