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

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