CS/HB 163

1
A bill to be entitled
2An act relating to prepaid wireless telecommunications
3service; amending s. 365.172, F.S.; removing provisions
4for a study of the feasibility of collecting an E911 fee
5on the sale of prepaid wireless telecommunications
6service; providing for assessment or collection of the fee
7after a certain date; providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Paragraph (a) of subsection (8) of section
12365.172, Florida Statutes, is amended to read:
13     365.172  Emergency communications number "E911."-
14     (8)  E911 FEE.-
15     (a)  Each voice communications services provider shall
16collect the fee described in this subsection. Each provider, as
17part of its monthly billing process, shall bill the fee as
18follows. The fee shall not be assessed on any pay telephone in
19the state.
20     1.  Each local exchange carrier shall bill the fee to the
21local exchange subscribers on a service-identifier basis, up to
22a maximum of 25 access lines per account bill rendered.
23     2.  Except in the case of prepaid wireless service, each
24wireless provider shall bill the fee to a subscriber on a per-
25service-identifier basis for service identifiers whose primary
26place of use is within this state. Before July 1, 2013 2009, the
27fee shall not be assessed on or collected from a provider with
28respect to an end user's service if that end user's service is a
29prepaid calling arrangement that is subject to s. 212.05(1)(e).
30     a.  The board shall conduct a study to determine whether it
31is feasible to collect E911 fees from the sale of prepaid
32wireless service. If, based on the findings of the study, the
33board determines that a fee should not be collected from the
34sale of prepaid wireless service, it shall report its findings
35and recommendation to the Governor, the President of the Senate,
36and the Speaker of the House of Representatives by December 31,
372008. If the board determines that a fee should be collected
38from the sale of prepaid wireless service, the board shall
39collect the fee beginning July 1, 2013 2009.
40     b.  For purposes of this section, the term:
41     (I)  "Prepaid wireless service" means the right to access
42telecommunications services that must be paid for in advance and
43is sold in predetermined units or dollars enabling the
44originator to make calls such that the number of units or
45dollars declines with use in a known amount.
46     (II)  "Prepaid wireless service providers" includes those
47persons who sell prepaid wireless service regardless of its
48form, either as a retailer or reseller.
49     c.  The study must include an evaluation of methods by
50which E911 fees may be collected from end users and purchasers
51of prepaid wireless service on an equitable, efficient,
52competitively neutral, and nondiscriminatory basis and must
53consider whether the collection of fees on prepaid wireless
54service would constitute an efficient use of public funds given
55the technological and practical considerations of collecting the
56fee based on the varying methodologies prepaid wireless service
57providers and their agents use in marketing prepaid wireless
58service.
59     d.  The study must include a review and evaluation of the
60collection of E911 fees on prepaid wireless service at the point
61of sale within the state. This evaluation must be consistent
62with the collection principles of end user charges such as those
63in s. 212.05(1)(e).
64     e.  No later than 90 days after this section becomes law,
65the board shall require all prepaid wireless service providers,
66including resellers, to provide the board with information that
67the board determines is necessary to discharge its duties under
68this section, including information necessary for its
69recommendation, such as total retail and reseller prepaid
70wireless service sales.
71     f.  All subscriber information provided by a prepaid
72wireless service provider in response to a request from the
73board while conducting this study is subject to s. 365.174.
74     g.  The study shall be conducted by an entity competent and
75knowledgeable in matters of state taxation policy if the board
76does not possess that expertise. The study must be paid from the
77moneys distributed to the board for administrative purposes
78under s. 365.173(2)(f) but may not exceed $250,000.
79     3.  All voice communications services providers not
80addressed under subparagraphs 1. and 2. shall bill the fee on a
81per-service-identifier basis for service identifiers whose
82primary place of use is within the state up to a maximum of 25
83service identifiers for each account bill rendered.
84
85The provider may list the fee as a separate entry on each bill,
86in which case the fee must be identified as a fee for E911
87services. A provider shall remit the fee to the board only if
88the fee is paid by the subscriber. If a provider receives a
89partial payment for a monthly bill from a subscriber, the amount
90received shall first be applied to the payment due the provider
91for providing voice communications service.
92     Section 2.  This act shall take effect July 1, 2010.


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