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:
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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
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1 (a) The wireless account; and
2 (b) The nonwireless account.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 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).
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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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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.
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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.
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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.
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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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