Senate Bill sb1200c2
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Florida Senate - 2007 CS for CS for SB 1200
By the Committees on General Government Appropriations;
Communications and Public Utilities; and Senator Bennett
601-2640-07
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 counties to return money
13 to the fund under certain circumstances;
14 requiring a wireless provider to submit sworn
15 invoices in order to support claims for
16 reimbursement of allowable costs; requiring
17 that funds in the E911 system fund on a
18 specified date be returned to wireless
19 providers for costs incurred before a specified
20 date; providing procedures for reimbursement;
21 requiring the Auditor General to annually audit
22 the fund; providing an effective date.
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24 Be It Enacted by the Legislature of the State of Florida:
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26 Section 1. Section 365.173, Florida Statutes, is
27 amended to read:
28 365.173 Wireless Emergency Communications Number E911
29 Telephone System Fund.--
30 (1) All revenues derived from the E911 fee levied on
31 subscribers under s. 365.172 must be paid by the board into
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Florida Senate - 2007 CS for CS for SB 1200
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1 the State Treasury on or before the 15th day of each month.
2 Such moneys must be accounted for in a special fund to be
3 designated as the Wireless Emergency Communications Number
4 E911 Telephone System Fund, a fund created in the State
5 Technology Program, or other office as designated by the
6 Secretary of Management Services, and, for accounting
7 purposes, must be segregated into two separate categories:
8 (a) The wireless category; and
9 (b) The nonwireless category. Office and
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11 All moneys must be invested by the Chief Financial Officer
12 pursuant to s. 17.61. All moneys in such fund are to be
13 expended by the State Technology office for the purposes
14 provided in this section and s. 365.172. These funds are not
15 subject to s. 215.20.
16 (2) As determined by the board pursuant to s.
17 365.172(8)(h), and subject to any modifications approved by
18 the board pursuant to s. 365.172(6)(a)3. or (8)(i) (8)(c), the
19 moneys in the fund shall be distributed and used only as
20 follows:
21 (a) Sixty-seven Forty-four percent of the moneys in
22 the wireless category shall be distributed each month to
23 counties, based on the total number of service identifiers
24 wireless subscriber billing addresses in each county, and
25 shall be used exclusively for payment of:
26 1. Authorized expenditures Recurring costs of
27 providing 911 or E911 service, as specified in s. 365.172(9)
28 provided by s. 365.171(13)(a)6.
29 2. Costs to comply with the requirements for E911
30 service contained in the order and any future rules related to
31 the order.
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1 (b) Ninety-seven percent of the moneys in the
2 nonwireless category shall be distributed each month to
3 counties based on the total number of service identifiers in
4 each county, and shall be used exclusively for payment of
5 authorized expenditures, as specified in s. 365.172(9).
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7 Any county that receives funds under paragraphs (a) and (b)
8 this paragraph shall establish a fund to be used exclusively
9 for the receipt and expenditure of the revenues collected
10 under paragraphs (a) and (b) this paragraph. All fees placed
11 in the fund and any interest accrued shall be used solely for
12 costs described in subparagraphs 1. and 2. The money collected
13 and interest earned in this fund shall be appropriated for
14 these purposes by the county commissioners and incorporated
15 into the annual county budget. The fund shall be included
16 within the financial audit performed in accordance with s.
17 218.39. A county may carry forward up to 20 30 percent of the
18 total funds disbursed to the county by the board during a
19 calendar year for expenditures for capital outlay, capital
20 improvements, or equipment replacement, if such expenditures
21 are made for the purposes specified in subparagraphs(a) 1. and
22 2.; however, the 20-percent limitation does not apply to funds
23 disbursed to a county under s. 365.172(6)(a)3., and a county
24 may carry forward any percentage of the funds, except that any
25 grant provided shall continue to be subject to any condition
26 imposed by the board this paragraph. In order to prevent an
27 excess recovery of costs incurred in providing E911 service, a
28 county that receives funds greater than the permissible E911
29 costs described in s.365.172(9), including the 20 percent
30 carryforward allowance, must return the excess funds to the
31 E911 board to be allocated under s. 365.172(6)(a).
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1 (c)(b) Thirty Fifty-four percent of the moneys in the
2 wireless category shall be distributed to wireless providers
3 in response to sworn invoices submitted to the board by
4 wireless providers to reimburse such wireless providers for
5 the actual costs incurred to provide 911 or E911 service,
6 including the costs of complying with the order. Such costs
7 include costs and expenses incurred by wireless providers to
8 design, purchase, lease, program, install, test, upgrade,
9 operate, and maintain all necessary data, hardware, and
10 software required to provide E911 service. Up to 2 percent of
11 the funds allocated to providers shall be retained by the
12 board to be applied to costs and expenses incurred for the
13 purposes of managing, administering, and overseeing the
14 receipts and disbursements from the fund and other activities
15 as defined in s. 365.172(6). Any funds retained for such
16 purposes in a calendar year which are not applied to such
17 costs and expenses by March 31 of the following year shall be
18 distributed to providers pursuant to this paragraph. Each
19 wireless provider shall submit to the board, by August 1 of
20 each year, a detailed estimate of the capital and operating
21 expenses for which it anticipates that it will seek
22 reimbursement under this paragraph during the ensuing state
23 fiscal year. In order to be eligible for recovery during any
24 ensuing state fiscal year, a wireless provider must submit all
25 sworn invoices for allowable purchases made within the
26 previous calendar year no later than March 31 of the fiscal
27 year. By September 15 of each year, the board shall submit to
28 the Legislature its legislative budget request for funds to be
29 allocated to wireless providers under this paragraph during
30 the ensuing state fiscal year. The budget request shall be
31 based on the information submitted by the wireless providers
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1 and estimated surcharge revenues. Distributions of moneys in
2 the fund by the board to wireless providers must be fair and
3 nondiscriminatory. If the total amount of moneys requested by
4 wireless providers pursuant to invoices submitted to the board
5 and approved for payment exceeds the amount in the fund in any
6 month, wireless providers that have invoices approved for
7 payment shall receive a pro rata share of moneys in the fund
8 and the balance of the payments shall be carried over to the
9 following month or months until all of the approved payments
10 are made. The board may adopt rules necessary to address the
11 manner in which pro rata distributions are made when the total
12 amount of funds requested by wireless providers pursuant to
13 invoices submitted to the board exceeds the total amount of
14 moneys on deposit in the fund.
15 (d) Notwithstanding paragraphs (a) and (c), the amount
16 of money that remained in the wireless 911 system fund on
17 December 31, 2006, must be disbursed to wireless providers for
18 the recovery of allowable costs incurred in previous years
19 ending December 31, 2006, and in accordance with paragraph
20 (c). In order to be eligible for recovered costs incurred
21 under paragraph (c), a wireless provider must submit sworn
22 invoices to the board by December 31, 2007. The board must
23 disburse the designated funds in the wireless 911 system fund
24 on or after January 1, 2008.
25 (e) One percent of the moneys in the fund shall be
26 retained by the board to be applied to costs and expenses
27 incurred for the purposes of managing, administering, and
28 overseeing the receipts and disbursements from the fund and
29 other activities as defined in s. 365.172(6). Any funds
30 retained for such purposes in a calendar year which are not
31 applied to such costs and expenses by March 31 of the
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1 following year shall be redistributed as determined by the
2 board.
3 (f)(c) Two percent of the moneys in the fund shall be
4 used to make monthly distributions to rural counties for the
5 purpose of providing facilities and network and service
6 enhancements and assistance for the 911 or E911 systems
7 operated by rural counties and for the provision of
8 reimbursable loans and grants by the office to rural counties
9 for upgrading and replacing E911 911 systems.
10 (g) By September 1, 2007, up to $15 million of the
11 existing 911 system fund shall be available for distribution
12 by the board to the counties in order to prevent a loss in the
13 ordinary and expected time value of money caused by any timing
14 delay in remittance to the counties of wireline fees caused by
15 the one-time transfer of collecting wireline fees by the
16 counties to the board. All disbursements for this purpose must
17 be returned to the fund from the future remittance by the
18 nonwireless category.
19 (h) If the wireless category has funds remaining in it
20 on December 31 after disbursements have been made during the
21 calendar year immediately prior to December 31, the board may
22 disburse the excess funds in the wireless category in
23 accordance with s. 365.172(6)(a)3.b.
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25 The Legislature recognizes that the wireless E911 fee
26 authorized under s. 365.172 may will not necessarily provide
27 the total funding required for establishing or providing the
28 E911 911 service. It is the intent of the Legislature that all
29 revenue from the fee be used as specified in this subsection
30 s. 365.171(13)(a)6.
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1 (3) Through fiscal year 2008-2009, The Auditor General
2 shall annually audit the fund to ensure that moneys in the
3 fund are being managed in accordance with this section and s.
4 365.172. The Auditor General shall provide a report of the
5 annual audit to the board.
6 Section 2. This act shall take effect upon becoming a
7 law.
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9 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
10 CS/SB 1200
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12 Changes the designation of the Emergency Communications Number
E911 System Fund from the State Technology Services Office to
13 the Technology Program in the Department of Management
Services.
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Modifies language to provide for the distribution of funds.
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Makes technical and conforming changes.
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