HB 921

1	A bill to be entitled
2	An act relating to wireless communications funds; amending
3	s. 365.173, F.S.; redesignating the Wireless Emergency
4	Telephone System Fund as the "Emergency Communications
5	Number E911 System Fund"; requiring that all revenues
6	derived from a fee levied by a county on local exchange
7	subscribers be paid into the State Treasury by a specified
8	date and that the moneys be accounted for in a special
9	fund; providing a methodology for the distribution of the
10	funds; requiring the Auditor General to annually audit the
11	fund; providing a contingent effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Section 365.173, Florida Statutes, is amended
16	to read:
17	365.173  Wireless Emergency Communications Number E911
18	Telephone System Fund.--
19	(1)  All revenues derived from the E911 fee levied on
20	subscribers under s. 365.172 must be paid by the board into the
21	State Treasury on or before the 15th day of each month. Such
22	moneys must be accounted for in a special fund to be designated
23	as the Wireless Emergency Communications Number E911 Telephone
24	System Fund, a fund created in the Florida Enterprise
25	Information State Technology Services Office, or other office as
26	designated by the Secretary of Management Services, and, for
27	accounting purposes, must be segregated into two separate
28	accounts:
29	(a)  The wireless account; and
30	(b)  The nonwireless account. and
31
32	All moneys must be invested by the Chief Financial Officer
33	pursuant to s. 17.61. All moneys in such fund are to be expended
34	by the State Technology office for the purposes provided in this
35	section and s. 365.172. These funds are not subject to s.
36	215.20.
37	(2)  As determined by the board pursuant to s.
38	365.172(8)(h), and subject to any modifications approved by the
39	board pursuant to s. 365.172(6)(a)3. or (8)(i) (8)(c), the
40	moneys in the fund shall be distributed and used only as
41	follows:
42	(a)  Sixty-seven Forty-four percent of the moneys in the
43	wireless account shall be distributed each month to counties,
44	based on the total number of service identifiers wireless
45	subscriber billing addresses in each county, and shall be used
46	exclusively for payment of:
47	1.  Authorized expenditures Recurring costs of providing
48	911 or E911 service, as specified in s. 365.172(9) provided by
49	s. 365.171(13)(a)6.
50	2.  Costs to comply with the requirements for E911 service
51	contained in the order and any future rules related to the
52	order.
53	(b)  Ninety-seven percent of the moneys in the nonwireless
54	account shall be distributed each month to counties based on the
55	total number of service identifiers in each county, and shall be
56	used exclusively for payment of authorized expenditures, as
57	specified in s. 365.172(9).
58
59	Any county that receives funds under paragraphs (a) and (b) this
60	paragraph shall establish a fund to be used exclusively for the
61	receipt and expenditure of the revenues collected under
62	paragraphs (a) and (b) this paragraph. All fees placed in the
63	fund and any interest accrued shall be used solely for costs
64	described in subparagraphs (a)1. and 2. The money collected and
65	interest earned in this fund shall be appropriated for these
66	purposes by the county commissioners and incorporated into the
67	annual county budget. The fund shall be included within the
68	financial audit performed in accordance with s. 218.39. A county
69	may carry forward up to 20 30 percent of the total funds
70	disbursed to the county by the board during a calendar year for
71	expenditures for capital outlay, capital improvements, or
72	equipment replacement, if such expenditures are made for the
73	purposes specified in subparagraphs (a)1. and 2.; however, the
74	20-percent limitation does not apply to funds disbursed to a
75	county under s. 365.172(6)(a)3., and a county may carry forward
76	any percentage of the funds, except that any grant provided
77	shall continue to be subject to any condition imposed by the
78	board this paragraph.
79	(c)(b)  Thirty Fifty-four percent of the moneys in the
80	wireless account shall be distributed to wireless providers in
81	response to sworn invoices submitted to the board by wireless
82	providers to reimburse such wireless providers for the actual
83	costs incurred to provide 911 or E911 service, including the
84	costs of complying with the order. Such costs include costs and
85	expenses incurred by wireless providers to design, purchase,
86	lease, program, install, test, upgrade, operate, and maintain
87	all necessary data, hardware, and software required to provide
88	E911 service. Up to 2 percent of the funds allocated to
89	providers shall be retained by the board to be applied to costs
90	and expenses incurred for the purposes of managing,
91	administering, and overseeing the receipts and disbursements
92	from the fund and other activities as defined in s. 365.172(6).
93	Any funds retained for such purposes in a calendar year which
94	are not applied to such costs and expenses by March 31 of the
95	following year shall be distributed to providers pursuant to
96	this paragraph. Each wireless provider shall submit to the
97	board, by August 1 of each year, a detailed estimate of the
98	capital and operating expenses for which it anticipates that it
99	will seek reimbursement under this paragraph during the ensuing
100	state fiscal year. By September 15 of each year, the board shall
101	submit to the Legislature its legislative budget request for
102	funds to be allocated to wireless providers under this paragraph
103	during the ensuing state fiscal year. The budget request shall
104	be based on the information submitted by the wireless providers
105	and estimated surcharge revenues. Distributions of moneys in the
106	fund by the board to wireless providers must be fair and
107	nondiscriminatory. If the total amount of moneys requested by
108	wireless providers pursuant to invoices submitted to the board
109	and approved for payment exceeds the amount in the fund in any
110	month, wireless providers that have invoices approved for
111	payment shall receive a pro rata share of moneys in the fund and
112	the balance of the payments shall be carried over to the
113	following month or months until all of the approved payments are
114	made. The board may adopt rules necessary to address the manner
115	in which pro rata distributions are made when the total amount
116	of funds requested by wireless providers pursuant to invoices
117	submitted to the board exceeds the total amount of moneys on
118	deposit in the fund.
119	(d)  One percent of the moneys in the fund shall be
120	retained by the board to be applied to costs and expenses
121	incurred for the purposes of managing, administering, and
122	overseeing the receipts and disbursements from the fund and
123	other activities as defined in s. 365.172(6). Any funds retained
124	for such purposes in a calendar year which are not applied to
125	such costs and expenses by March 31 of the following year shall
126	be redistributed as determined by the board.
127	(e)(c)  Two percent of the moneys in the fund shall be used
128	to make monthly distributions to rural counties for the purpose
129	of providing facilities and network and service enhancements and
130	assistance for the 911 or E911 systems operated by rural
131	counties and for the provision of reimbursable loans and grants
132	by the office to rural counties for upgrading and replacing E911
133	911 systems.
134
135	The Legislature recognizes that the wireless E911 fee authorized
136	under s. 365.172 may will not necessarily provide the total
137	funding required for establishing or providing the E911 911
138	service. It is the intent of the Legislature that all revenue
139	from the fee be used as specified in this subsection s.
140	365.171(13)(a)6.
141	(3)  Through fiscal year 2008-2009, The Auditor General
142	shall annually audit the fund to ensure that moneys in the fund
143	are being managed in accordance with this section and s.
144	365.172. The Auditor General shall provide a report of the
145	annual audit to the board.
146	Section 2.  This act shall take effect upon becoming a law,
147	if House Bill 919, or similar legislation is adopted in the same
148	legislative session or an extension thereof and becomes law.

CODING: Words stricken are deletions; words underlined are additions.