Senate Bill sb1200

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    Florida Senate - 2007                                  SB 1200

    By Senator Bennett





    21-912-07

  1                      A bill to be entitled

  2         An act relating to wireless communications

  3         funds; amending s. 365.173, F.S.; redesignating

  4         the Wireless Emergency Telephone System Fund as

  5         the "Emergency Communications Number E911

  6         System Fund"; requiring that all revenues

  7         derived from a fee levied by a county on local

  8         exchange subscribers be paid into the State

  9         Treasury by a specified date and that the

10         moneys be accounted for in a special fund;

11         providing a methodology for the distribution of

12         the funds; requiring the Auditor General to

13         annually audit the fund; providing an effective

14         date.

15  

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

17  

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 accounts:

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    Florida Senate - 2007                                  SB 1200
    21-912-07




 1         (a)  The wireless account; and

 2         (b)  The nonwireless account.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 account 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 account 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  

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    Florida Senate - 2007                                  SB 1200
    21-912-07




 1  Any county that receives funds under paragraphs (a) and (b)

 2  this paragraph shall establish a fund to be used exclusively

 3  for the receipt and expenditure of the revenues collected

 4  under paragraphs (a) and (b) this paragraph. All fees placed

 5  in the fund and any interest accrued shall be used solely for

 6  costs described in subparagraphs 1. and 2. The money collected

 7  and interest earned in this fund shall be appropriated for

 8  these purposes by the county commissioners and incorporated

 9  into the annual county budget. The fund shall be included

10  within the financial audit performed in accordance with s.

11  218.39. A county may carry forward up to 20 30 percent of the

12  total funds disbursed to the county by the board during a

13  calendar year for expenditures for capital outlay, capital

14  improvements, or equipment replacement, if such expenditures

15  are made for the purposes specified in subparagraphs 1. and

16  2.; however, the 20-percent limitation does not apply to funds

17  disbursed to a county under s. 365.172(6)(a)3., and a county

18  may carry forward any percentage of the funds, except that any

19  grant provided shall continue to be subject to any condition

20  imposed by the board this paragraph.

21         (c)(b)  Thirty Fifty-four percent of the moneys in the

22  wireless account shall be distributed to wireless providers in

23  response to sworn invoices submitted to the board by wireless

24  providers to reimburse such wireless providers for the actual

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

26  costs of complying with the order. Such costs include costs

27  and expenses incurred by wireless providers to design,

28  purchase, lease, program, install, test, upgrade, operate, and

29  maintain all necessary data, hardware, and software required

30  to provide E911 service. Up to 2 percent of the funds

31  allocated to providers shall be retained by the board to be

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    Florida Senate - 2007                                  SB 1200
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 1  applied to costs and expenses incurred for the purposes of

 2  managing, administering, and overseeing the receipts and

 3  disbursements from the fund and other activities as defined in

 4  s. 365.172(6). Any funds retained for such purposes in a

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

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

 7  providers pursuant to this paragraph. Each wireless provider

 8  shall submit to the board, by August 1 of each year, a

 9  detailed estimate of the capital and operating expenses for

10  which it anticipates that it will seek reimbursement under

11  this paragraph during the ensuing state fiscal year. By

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

13  Legislature its legislative budget request for funds to be

14  allocated to wireless providers under this paragraph during

15  the ensuing state fiscal year. The budget request shall be

16  based on the information submitted by the wireless providers

17  and estimated surcharge revenues. Distributions of moneys in

18  the fund by the board to wireless providers must be fair and

19  nondiscriminatory. If the total amount of moneys requested by

20  wireless providers pursuant to invoices submitted to the board

21  and approved for payment exceeds the amount in the fund in any

22  month, wireless providers that have invoices approved for

23  payment shall receive a pro rata share of moneys in the fund

24  and the balance of the payments shall be carried over to the

25  following month or months until all of the approved payments

26  are made. The board may adopt rules necessary to address the

27  manner in which pro rata distributions are made when the total

28  amount of funds requested by wireless providers pursuant to

29  invoices submitted to the board exceeds the total amount of

30  moneys on deposit in the fund.

31  

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    Florida Senate - 2007                                  SB 1200
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 1         (d)  One percent of the moneys in the fund shall be

 2  retained by the board to be applied to costs and expenses

 3  incurred for the purposes of managing, administering, and

 4  overseeing the receipts and disbursements from the fund and

 5  other activities as defined in s. 365.172(6). Any funds

 6  retained for such purposes in a calendar year which are not

 7  applied to such costs and expenses by March 31 of the

 8  following year shall be redistributed as determined by the

 9  board.

10         (e)(c)  Two percent of the moneys in the fund shall be

11  used to make monthly distributions to rural counties for the

12  purpose of providing facilities and network and service

13  enhancements and assistance for the 911 or E911 systems

14  operated by rural counties and for the provision of

15  reimbursable loans and grants by the office to rural counties

16  for upgrading and replacing E911 911 systems.

17  

18  The Legislature recognizes that the wireless E911 fee

19  authorized under s. 365.172 may will not necessarily provide

20  the total funding required for establishing or providing the

21  E911 911 service. It is the intent of the Legislature that all

22  revenue from the fee be used as specified in this subsection

23  s. 365.171(13)(a)6.

24         (3)  Through fiscal year 2008-2009, The Auditor General

25  shall annually audit the fund to ensure that moneys in the

26  fund are being managed in accordance with this section and s.

27  365.172. The Auditor General shall provide a report of the

28  annual audit to the board.

29         Section 2.  This act shall take effect upon becoming a

30  law.

31  

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    Florida Senate - 2007                                  SB 1200
    21-912-07




 1            *****************************************

 2                          SENATE SUMMARY

 3    Redesignates the Wireless Emergency Telephone System Fund
      as the "Emergency Communications Number E911 System
 4    Fund." Requires that all revenues derived from a fee
      levied by a county on local exchange subscribers be paid
 5    into the State Treasury by a specified date and that the
      moneys be accounted for in a special fund. Provides a
 6    methodology for the distribution of the funds. Requires
      the Auditor General to annually audit the fund.
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