Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1200
Barcode 592806
CHAMBER ACTION
Senate House
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03/29/2007 11:47 AM .
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11 The Committee on Communications and Public Utilities (Bennett)
12 recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Section 365.173, Florida Statutes, is
19 amended to read:
20 365.173 Wireless Emergency Communications Number E911
21 Telephone System Fund.--
22 (1) All revenues derived from the E911 fee levied on
23 subscribers under s. 365.172 must be paid by the board into
24 the State Treasury on or before the 15th day of each month.
25 Such moneys must be accounted for in a special fund to be
26 designated as the Wireless Emergency Communications Number
27 E911 Telephone System Fund, a fund created in the Florida
28 Enterprise Information State Technology Services Office, or
29 other office as designated by the Secretary of Management
30 Services, and, for accounting purposes, must be segregated
31 into two separate categories:
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1200
Barcode 592806
1 (a) The wireless category; and
2 (b) The nonwireless category.and
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4 All moneys must be invested by the Chief Financial Officer
5 pursuant to s. 17.61. All moneys in such fund are to be
6 expended by the State Technology office for the purposes
7 provided in this section and s. 365.172. These funds are not
8 subject to s. 215.20.
9 (2) As determined by the board pursuant to s.
10 365.172(8)(h), and subject to any modifications approved by
11 the board pursuant to s. 365.172(6)(a)3. or (8)(i) (8)(c), the
12 moneys in the fund shall be distributed and used only as
13 follows:
14 (a) Sixty-seven Forty-four percent of the moneys in
15 the wireless category shall be distributed each month to
16 counties, based on the total number of service identifiers
17 wireless subscriber billing addresses in each county, and
18 shall be used exclusively for payment of:
19 1. Authorized expenditures Recurring costs of
20 providing 911 or E911 service, as specified in s. 365.172(9)
21 provided by s. 365.171(13)(a)6.
22 2. Costs to comply with the requirements for E911
23 service contained in the order and any future rules related to
24 the order.
25 (b) Ninety-seven percent of the moneys in the
26 nonwireless category shall be distributed each month to
27 counties based on the total number of service identifiers in
28 each county, and shall be used exclusively for payment of
29 authorized expenditures, as specified in s. 365.172(9).
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31 Any county that receives funds under paragraphs (a) and (b)
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1200
Barcode 592806
1 this paragraph shall establish a fund to be used exclusively
2 for the receipt and expenditure of the revenues collected
3 under paragraphs (a) and (b) this paragraph. All fees placed
4 in the fund and any interest accrued shall be used solely for
5 costs described in subparagraphs 1. and 2. The money collected
6 and interest earned in this fund shall be appropriated for
7 these purposes by the county commissioners and incorporated
8 into the annual county budget. The fund shall be included
9 within the financial audit performed in accordance with s.
10 218.39. A county may carry forward up to 20 30 percent of the
11 total funds disbursed to the county by the board during a
12 calendar year for expenditures for capital outlay, capital
13 improvements, or equipment replacement, if such expenditures
14 are made for the purposes specified in subparagraphs(a) 1. and
15 2.; however, the 20-percent limitation does not apply to funds
16 disbursed to a county under s. 365.172(6)(a)3., and a county
17 may carry forward any percentage of the funds, except that any
18 grant provided shall continue to be subject to any condition
19 imposed by the board this paragraph. In order to prevent an
20 excess recovery of costs incurred in providing E911 service, a
21 county that receives funds greater than the permissible E911
22 costs described in s.365.172(9), including the 20 percent
23 carryforward allowance, must return the excess funds to the
24 E911 board to be allocated under s. 365.172(6)(a).
25 (c)(b) Thirty Fifty-four percent of the moneys in the
26 wireless category shall be distributed to wireless providers
27 in response to sworn invoices submitted to the board by
28 wireless providers to reimburse such wireless providers for
29 the actual costs incurred to provide 911 or E911 service,
30 including the costs of complying with the order. Such costs
31 include costs and expenses incurred by wireless providers to
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1200
Barcode 592806
1 design, purchase, lease, program, install, test, upgrade,
2 operate, and maintain all necessary data, hardware, and
3 software required to provide E911 service. Up to 2 percent of
4 the funds allocated to providers shall be retained by the
5 board to be applied to costs and expenses incurred for the
6 purposes of managing, administering, and overseeing the
7 receipts and disbursements from the fund and other activities
8 as defined in s. 365.172(6). Any funds retained for such
9 purposes in a calendar year which are not applied to such
10 costs and expenses by March 31 of the following year shall be
11 distributed to providers pursuant to this paragraph. Each
12 wireless provider shall submit to the board, by August 1 of
13 each year, a detailed estimate of the capital and operating
14 expenses for which it anticipates that it will seek
15 reimbursement under this paragraph during the ensuing state
16 fiscal year. In order to be eligible for recovery during any
17 ensuing state fiscal year, a wireless provider must submit all
18 sworn invoices for allowable purchases made within the
19 previous calendar year no later than March 31 of the fiscal
20 year. By September 15 of each year, the board shall submit to
21 the Legislature its legislative budget request for funds to be
22 allocated to wireless providers under this paragraph during
23 the ensuing state fiscal year. The budget request shall be
24 based on the information submitted by the wireless providers
25 and estimated surcharge revenues. Distributions of moneys in
26 the fund by the board to wireless providers must be fair and
27 nondiscriminatory. If the total amount of moneys requested by
28 wireless providers pursuant to invoices submitted to the board
29 and approved for payment exceeds the amount in the fund in any
30 month, wireless providers that have invoices approved for
31 payment shall receive a pro rata share of moneys in the fund
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1200
Barcode 592806
1 and the balance of the payments shall be carried over to the
2 following month or months until all of the approved payments
3 are made. The board may adopt rules necessary to address the
4 manner in which pro rata distributions are made when the total
5 amount of funds requested by wireless providers pursuant to
6 invoices submitted to the board exceeds the total amount of
7 moneys on deposit in the fund.
8 (d) Notwithstanding paragraphs (a) and (c), the amount
9 of money that remained in the wireless 911 system fund on
10 December 31, 2006, must be disbursed to wireless providers for
11 the recovery of allowable costs incurred in previous years
12 ending December 31, 2006. In order to be eligible for
13 recovered costs incurred under s. 365.172(9), a wireless
14 provider must submit sworn invoices to the board by December
15 31, 2007. The board must disburse the designated funds in the
16 wireless 911 system fund on or after January 1, 2008.
17 (e) One percent of the moneys in the fund shall be
18 retained by the board to be applied to costs and expenses
19 incurred for the purposes of managing, administering, and
20 overseeing the receipts and disbursements from the fund and
21 other activities as defined in s. 365.172(6). Any funds
22 retained for such purposes in a calendar year which are not
23 applied to such costs and expenses by March 31 of the
24 following year shall be redistributed as determined by the
25 board.
26 (f)(c) Two percent of the moneys in the fund shall be
27 used to make monthly distributions to rural counties for the
28 purpose of providing facilities and network and service
29 enhancements and assistance for the 911 or E911 systems
30 operated by rural counties and for the provision of
31 reimbursable loans and grants by the office to rural counties
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1200
Barcode 592806
1 for upgrading and replacing E911 911 systems.
2 (g) Up to $15 million of the existing 911 system fund
3 shall be available for distribution by the board in order to
4 prevent a loss to the counties in the ordinary and expected
5 time value of money caused by any timing delay in remittance
6 to the counties of wireline fees caused by the one-time
7 transfer of collecting wireline fees by the counties to the
8 board. All funds used from the carryforward shall be returned
9 to the fund from the actual remittance by the nonwireless
10 category.
11 (h) If the 911 system fund has funds remaining in it
12 on December 31 after disbursements have been made during the
13 calendar year immediately prior to December 31, the board may
14 disburse these excess funds in accordance with this
15 subsection.
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17 The Legislature recognizes that the wireless E911 fee
18 authorized under s. 365.172 may will not necessarily provide
19 the total funding required for establishing or providing the
20 E911 911 service. It is the intent of the Legislature that all
21 revenue from the fee be used as specified in this subsection
22 s. 365.171(13)(a)6.
23 (3) Through fiscal year 2008-2009, The Auditor General
24 shall annually audit the fund to ensure that moneys in the
25 fund are being managed in accordance with this section and s.
26 365.172. The Auditor General shall provide a report of the
27 annual audit to the board.
28 Section 2. This act shall take effect upon becoming a
29 law.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1200
Barcode 592806
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
4
5 and insert:
6 A bill to be entitled
7 An act relating to wireless communications
8 funds; amending s. 365.173, F.S.; redesignating
9 the Wireless Emergency Telephone System Fund as
10 the "Emergency Communications Number E911
11 System Fund"; requiring that all revenues
12 derived from a fee levied by a county on local
13 exchange subscribers be paid into the State
14 Treasury by a specified date and that the
15 moneys be accounted for in a special fund;
16 providing a methodology for the distribution of
17 the funds; requiring counties to return money
18 to the fund under certain circumstances;
19 requiring a wireless provider to submit sworn
20 invoices in order to support claims for
21 reimbursement of allowable costs; requiring
22 that funds in the E911 system fund on a
23 specified date be returned to wireless
24 providers for costs incurred before a specified
25 date; providing procedures for reimbursement;
26 requiring the Auditor General to annually audit
27 the fund; providing an effective date.
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