Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 1200
                        Barcode 592806
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1           Comm: FAV             .                    
       03/29/2007 11:47 AM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Communications and Public Utilities (Bennett)
12  recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
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:
                                  1
    4:49 PM   03/12/07                             s1200d-cu21-tf5

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1200 Barcode 592806 1 (a) The wireless category; and 2 (b) The nonwireless category.and 3 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). 30 31 Any county that receives funds under paragraphs (a) and (b) 2 4:49 PM 03/12/07 s1200d-cu21-tf5
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 3 4:49 PM 03/12/07 s1200d-cu21-tf5
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 4 4:49 PM 03/12/07 s1200d-cu21-tf5
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 5 4:49 PM 03/12/07 s1200d-cu21-tf5
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. 16 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. 30 31 6 4:49 PM 03/12/07 s1200d-cu21-tf5
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. 28 29 30 31 7 4:49 PM 03/12/07 s1200d-cu21-tf5