CS/CS/HB 163

1	A bill to be entitled
2	An act relating to prepaid wireless telecommunications
3	service; amending s. 365.172, F.S.; removing provisions
4	for a study of the feasibility of collecting an E911 fee
5	on the sale of prepaid wireless telecommunications
6	service; prohibiting collection of the fee until after a
7	certain date; amending s. 365.173, F.S.; revising a
8	limitation on the amount of funds received by a county
9	from the E911 fee which may be carried forward to the
10	following year; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Paragraph (a) of subsection (8) of section
15	365.172, Florida Statutes, is amended to read:
16	365.172  Emergency communications number "E911."-
17	(8)  E911 FEE.-
18	(a)  Each voice communications services provider shall
19	collect the fee described in this subsection. Each provider, as
20	part of its monthly billing process, shall bill the fee as
21	follows. The fee shall not be assessed on any pay telephone in
22	the state.
23	1.  Each local exchange carrier shall bill the fee to the
24	local exchange subscribers on a service-identifier basis, up to
25	a maximum of 25 access lines per account bill rendered.
26	2.  Except in the case of prepaid wireless service, each
27	wireless provider shall bill the fee to a subscriber on a per-
28	service-identifier basis for service identifiers whose primary
29	place of use is within this state. Before July 1, 2013 2009, the
30	fee shall not be assessed on or collected from a provider with
31	respect to an end user's service if that end user's service is a
32	prepaid calling arrangement that is subject to s. 212.05(1)(e).
33	a.  No E911 fee shall be collected from the sale of prepaid
34	wireless service prior to July 1, 2013. The board shall conduct
35	a study to determine whether it is feasible to collect E911 fees
36	from the sale of prepaid wireless service. If, based on the
37	findings of the study, the board determines that a fee should
38	not be collected from the sale of prepaid wireless service, it
39	shall report its findings and recommendation to the Governor,
40	the President of the Senate, and the Speaker of the House of
41	Representatives by December 31, 2008. If the board determines
42	that a fee should be collected from the sale of prepaid wireless
43	service, the board shall collect the fee beginning July 1, 2009.
44	b.  For purposes of this section, the term:
45	(I)  "Prepaid wireless service" means the right to access
46	telecommunications services that must be paid for in advance and
47	is sold in predetermined units or dollars enabling the
48	originator to make calls such that the number of units or
49	dollars declines with use in a known amount.
50	(II)  "Prepaid wireless service providers" includes those
51	persons who sell prepaid wireless service regardless of its
52	form, either as a retailer or reseller.
53	c.  The study must include an evaluation of methods by
54	which E911 fees may be collected from end users and purchasers
55	of prepaid wireless service on an equitable, efficient,
56	competitively neutral, and nondiscriminatory basis and must
57	consider whether the collection of fees on prepaid wireless
58	service would constitute an efficient use of public funds given
59	the technological and practical considerations of collecting the
60	fee based on the varying methodologies prepaid wireless service
61	providers and their agents use in marketing prepaid wireless
62	service.
63	d.  The study must include a review and evaluation of the
64	collection of E911 fees on prepaid wireless service at the point
65	of sale within the state. This evaluation must be consistent
66	with the collection principles of end user charges such as those
67	in s. 212.05(1)(e).
68	e.  No later than 90 days after this section becomes law,
69	the board shall require all prepaid wireless service providers,
70	including resellers, to provide the board with information that
71	the board determines is necessary to discharge its duties under
72	this section, including information necessary for its
73	recommendation, such as total retail and reseller prepaid
74	wireless service sales.
75	f.  All subscriber information provided by a prepaid
76	wireless service provider in response to a request from the
77	board while conducting this study is subject to s. 365.174.
78	g.  The study shall be conducted by an entity competent and
79	knowledgeable in matters of state taxation policy if the board
80	does not possess that expertise. The study must be paid from the
81	moneys distributed to the board for administrative purposes
82	under s. 365.173(2)(f) but may not exceed $250,000.
83	3.  All voice communications services providers not
84	addressed under subparagraphs 1. and 2. shall bill the fee on a
85	per-service-identifier basis for service identifiers whose
86	primary place of use is within the state up to a maximum of 25
87	service identifiers for each account bill rendered.
88
89	The provider may list the fee as a separate entry on each bill,
90	in which case the fee must be identified as a fee for E911
91	services. A provider shall remit the fee to the board only if
92	the fee is paid by the subscriber. If a provider receives a
93	partial payment for a monthly bill from a subscriber, the amount
94	received shall first be applied to the payment due the provider
95	for providing voice communications service.
96	Section 2.  Paragraph (c) of subsection (2) of section
97	365.173, Florida Statutes, is amended to read:
98	365.173  Emergency Communications Number E911 System Fund.-
99	(2)  As determined by the board pursuant to s.
100	365.172(8)(h), and subject to any modifications approved by the
101	board pursuant to s. 365.172(6)(a)3. or (8)(i), the moneys in
102	the fund shall be distributed and used only as follows:
103	(c)  Any county that receives funds under paragraphs (a)
104	and (b) shall establish a fund to be used exclusively for the
105	receipt and expenditure of the revenues collected under
106	paragraphs (a) and (b). All fees placed in the fund and any
107	interest accrued shall be used solely for costs described in
108	subparagraphs (a)1. and 2. The money collected and interest
109	earned in this fund shall be appropriated for these purposes by
110	the county commissioners and incorporated into the annual county
111	budget. The fund shall be included within the financial audit
112	performed in accordance with s. 218.39. A county may carry
113	forward up to 30 20 percent of the total funds disbursed to the
114	county by the board during a calendar year for expenditures for
115	capital outlay, capital improvements, or equipment replacement,
116	if such expenditures are made for the purposes specified in
117	subparagraphs (a)1. and 2.; however, the 30-percent 20-percent
118	limitation does not apply to funds disbursed to a county under
119	s. 365.172(6)(a)3., and a county may carry forward any
120	percentage of the funds, except that any grant provided shall
121	continue to be subject to any condition imposed by the board. In
122	order to prevent an excess recovery of costs incurred in
123	providing E911 service, a county that receives funds greater
124	than the permissible E911 costs described in s. 365.172(9),
125	including the 30-percent 20 percent carryforward allowance, must
126	return the excess funds to the E911 board to be allocated under
127	s. 365.172(6)(a).
128
129	The Legislature recognizes that the fee authorized under s.
130	365.172 may not necessarily provide the total funding required
131	for establishing or providing the E911 service. It is the intent
132	of the Legislature that all revenue from the fee be used as
133	specified in this subsection.
134	Section 3.  This act shall take effect July 1, 2010.

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