CS/HB 921

1
A bill to be entitled
2An act relating to wireless communications funds; amending
3s. 365.173, F.S.; redesignating the Wireless Emergency
4Telephone System Fund as the "Emergency Communications
5Number E911 System Fund"; requiring that all revenues
6derived from a fee levied by a county on local exchange
7subscribers be paid into the State Treasury by a specified
8date and that the moneys be accounted for in a special
9fund; providing a methodology for the distribution of the
10funds; requiring the Auditor General to annually audit the
11fund; providing an appropriation; providing a contingent
12effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Section 365.173, Florida Statutes, is amended
17to read:
18     365.173  Wireless Emergency Communications Number E911
19Telephone System Fund.--
20     (1)(a)  All revenues derived from the E911 fee levied on
21subscribers under s. 365.172 must be paid by the board into the
22State Treasury on or before the 15th day of each month. Such
23moneys must be accounted for in the a special fund to be
24designated as the Wireless Emergency Communications Number E911
25Telephone System Fund, a fund created in the Florida Enterprise
26Information State Technology Services Office, or other office as
27designated by the secretary of the Department of Management
28Services, and, for accounting purposes, must be segregated into
29two separate categories:
30     1.  The wireless category; and
31     2.  The nonwireless category.
32     (b)  All moneys must be invested by the Chief Financial
33Officer pursuant to s. 17.61. All moneys in such fund are to be
34expended by the State Technology office for the purposes
35provided in this section and s. 365.172. These funds are not
36subject to s. 215.20.
37     (2)  As determined by the board pursuant to s.
38365.172(8)(h), and subject to any modifications approved by the
39board pursuant to s. 365.172(6)(a)3. or (8)(i)(c), the moneys in
40the fund shall be distributed and used only as follows:
41     (a)  Sixty-seven Forty-four percent of the moneys in the
42wireless category shall be distributed each month to counties,
43based on the total number of service identifiers wireless
44subscriber billing addresses in each county, and shall be used
45exclusively for payment of:
46     1.  Authorized expenditures as specified in s. 365.172(9)
47Recurring costs of providing 911 or E911 service, as provided by
48s. 365.171(13)(a)6.
49     2.  Costs to comply with the requirements for E911 service
50contained in the order and any future rules related to the
51order.
52     (b)  Ninety-seven percent of the moneys in the nonwireless
53category shall be distributed each month to counties, based on
54the total number of service identifiers in each county, and
55shall be used exclusively for payment of authorized expenditures
56as specified in s. 365.172(9).
57     (c)  Any county that receives funds under paragraphs (a)
58and (b) this paragraph shall establish a fund to be used
59exclusively for the receipt and expenditure of the revenues
60collected under paragraphs (a) and (b) this paragraph. All fees
61placed in the fund and any interest accrued shall be used solely
62for costs described in subparagraphs (a)1. and 2. The money
63collected and interest earned in this fund shall be appropriated
64for these purposes by the county commissioners and incorporated
65into the annual county budget. The fund shall be included within
66the financial audit performed in accordance with s. 218.39. A
67county may carry forward up to 20 30 percent of the total funds
68disbursed to the county by the board during a calendar year for
69expenditures for capital outlay, capital improvements, or
70equipment replacement, if such expenditures are made for the
71purposes specified in subparagraphs (a)1. and 2.; provided that
72such 20-percent limitation shall not apply to funds disbursed to
73a county pursuant to s. 365.172(6)(a)3., and a county may carry
74forward any percentage of such funds, except that any grant
75provided shall continue to be subject to any condition imposed
76by the board. To prevent overrecovery of costs incurred in the
77provision of E911 service, any county that receives funds in
78excess of the E911 costs described in s. 365.172(9), including
79the 20-percent carryforward allowance, shall return the excess
80funds to the E911 board to be allocated pursuant to s.
81365.172(6)(a)3.b. this paragraph.
82     (d)(b)  Thirty Fifty-four percent of the moneys in the
83wireless category shall be distributed to wireless providers in
84response to sworn invoices submitted to the board by wireless
85providers to reimburse such wireless providers for the actual
86costs incurred to provide 911 or E911 service, including the
87costs of complying with the order. Such costs include costs and
88expenses incurred by wireless providers to design, purchase,
89lease, program, install, test, upgrade, operate, and maintain
90all necessary data, hardware, and software required to provide
91E911 service. Up to 2 percent of the funds allocated to
92providers shall be retained by the board to be applied to costs
93and expenses incurred for the purposes of managing,
94administering, and overseeing the receipts and disbursements
95from the fund and other activities as defined in s. 365.172(6).
96Any funds retained for such purposes in a calendar year which
97are not applied to such costs and expenses by March 31 of the
98following year shall be distributed to providers pursuant to
99this paragraph. Each wireless provider shall submit to the
100board, by August 1 of each year, a detailed estimate of the
101capital and operating expenses for which it anticipates that it
102will seek reimbursement under this paragraph during the ensuing
103state fiscal year. To be eligible for recovery during any
104ensuing state fiscal year, a wireless provider must submit all
105sworn invoices for allowable purchases within the calendar year
106no later than March 31 of the fiscal year. By September 15 of
107each year, the board shall submit to the Legislature its
108legislative budget request for funds to be allocated to wireless
109providers under this paragraph during the ensuing state fiscal
110year. The budget request shall be based on the information
111submitted by the wireless providers and estimated surcharge
112revenues. Distributions of moneys in the fund by the board to
113wireless providers must be fair and nondiscriminatory. If the
114total amount of moneys requested by wireless providers pursuant
115to invoices submitted to the board and approved for payment
116exceeds the amount in the fund in any month, wireless providers
117that have invoices approved for payment shall receive a pro rata
118share of moneys in the fund and the balance of the payments
119shall be carried over to the following month or months until all
120of the approved payments are made. The board may adopt rules
121necessary to address the manner in which pro rata distributions
122are made when the total amount of funds requested by wireless
123providers pursuant to invoices submitted to the board exceeds
124the total amount of moneys on deposit in the fund.
125     (e)  Notwithstanding paragraphs (a) and (d), the amounts in
126the wireless 911 fund as of December 31, 2006, shall be
127disbursed to wireless providers for the recovery of allowable
128costs incurred in prior years up to and including the year 2006.
129Wireless providers shall have until December 31, 2007, to submit
130sworn invoices to the board to support the recovery of costs
131incurred pursuant to paragraph (d) that were incurred through
132calendar year 2006. The board may disburse any remaining amounts
133of the wireless 911 fund associated with 2006 or prior periods
134in accordance with this subsection after January 1, 2008.
135     (f)  One percent of the moneys in the fund shall be
136retained by the board to be applied to costs and expenses
137incurred for the purposes of managing, administering, and
138overseeing the receipts and disbursements from the fund and
139other activities as defined in s. 365.172(6). Any funds retained
140for such purposes in a calendar year which are not applied to
141such costs and expenses by March 31 of the following year shall
142be redistributed as determined by the board.
143     (g)(c)  Two percent of the moneys in the fund shall be used
144to make monthly distributions to rural counties for the purpose
145of providing facilities and network and service enhancements and
146assistance for the 911 or E911 systems operated by rural
147counties and for the provision of reimbursable loans and grants
148by the office to rural counties for upgrading and replacement of
149E911 911 systems.
150     (h)  Up to $15,000,000 of the existing fund resources shall
151be available to cover the lag time for the board's initial
152disbursements for counties of the wireline fees until such time
153as the actual wireline revenues are available for disbursement
154by the board. All funds used for this purpose shall be returned
155to the fund from the actual remittances by the nonwireless
156category.
157     (i)  In the event that the fund has any remaining funds
158after disbursements for the prior calendar year have been made,
159the board may disburse such funds in accordance with this
160subsection.
161
162The Legislature recognizes that the wireless E911 fee authorized
163under s. 365.172 may will not necessarily provide the total
164funding required for establishing or providing the E911 911
165service. It is the intent of the Legislature that all revenue
166from the fee be used as specified in this subsection s.
167365.171(13)(a)6.
168     (3)  Through fiscal year 2008-2009, The Auditor General
169shall annually audit the fund to ensure that moneys in the fund
170are being managed in accordance with this section and s.
171365.172. The Auditor General shall provide a report of the
172annual audit to the board.
173     Section 2.  Two and one-half full-time equivalent
174positions, with an associated salary rate of 151,278, and the
175sum of $561,834 in recurring funds is appropriated for fiscal
176year 2007-2008 from the Emergency Communications Number E911
177System Fund of the Department of Management Services from
178revenue received pursuant to s. 365.173, Florida Statutes, for
179expenditures related to the creation of the statewide E911
180Board.
181     Section 3.  This act shall take effect upon becoming a law,
182if House Bill 919 or similar legislation is adopted in the same
183legislative session or an extension thereof and becomes law.


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