Florida Senate - 2014                                     SB 294
       By Senator Hays
       11-00036A-14                                           2014294__
    1                        A bill to be entitled                      
    2         An act relating to emergency communication system;
    3         amending s. 365.172, F.S., relating to the Emergency
    4         Communications Number E911 System; revising
    5         definitions; revising provisions relating to oversight
    6         of certain fees by the Technology Program within the
    7         Department of Management Services; revising E911 board
    8         appointment provisions; revising duties of the board;
    9         revising provisions for administration, distribution,
   10         and use of the E911 fee; revising provisions for state
   11         E911 Grant Program funding; revising E911 fee
   12         provisions; revising fee collection procedures;
   13         providing that the state and local governments are not
   14         consumers for certain purposes; specifying the amount
   15         of the fee; revising provisions for use of the fees
   16         collected; authorizing the board to adjust the rate of
   17         the fee; providing that fees collected may not be
   18         included in the base for measuring any tax, fee,
   19         surcharge, or other charge; providing for a prepaid
   20         wireless E911 fee; limiting the amount of the fee;
   21         providing procedures for adjustment and imposition of
   22         the fee; requiring the Department of Revenue to
   23         provide notice to sellers; providing requirements for
   24         collection of the fee by the seller; providing
   25         criteria for the location of the transaction;
   26         providing requirements and procedures for filing
   27         returns and remitting fees to the Department of
   28         Revenue; providing that the Department of Revenue is
   29         the agent for the E911 Board for purposes of
   30         collecting the prepaid wireless E911 fee; requiring
   31         sellers of prepaid wireless services to register with
   32         the department; providing for distribution of funds
   33         remitted; limiting liability of provider or seller of
   34         prepaid wireless service; prohibiting a local
   35         government from imposing a fee on sellers of prepaid
   36         wireless services; providing that the state and local
   37         governments are not consumers for certain purposes;
   38         providing definitions for specified purposes; revising
   39         provisions for authorized expenditures of the E911
   40         fee; providing that certain costs of the Department of
   41         Health are functions of 911 services; amending s.
   42         365.173, F.S.; revising provisions for accounting,
   43         distribution, use, and auditing of the Emergency
   44         Communications Number E911 System Fund; providing for
   45         a prepaid wireless category in such fund; amending s.
   46         401.465, F.S.; conforming a cross-reference; providing
   47         a directive to the Division of Law Revision and
   48         Information; providing an appropriation; providing
   49         effective dates.
   51  Be It Enacted by the Legislature of the State of Florida:
   53         Section 1. Subsections (3) through (9) of section 365.172,
   54  Florida Statutes, are amended, present subsections (9) through
   55  (14) of that section are renumbered as subsections (10) through
   56  (15), respectively, and a new subsection (9) is added to that
   57  section, to read:
   58         365.172 Emergency communications number E911.—
   59         (3) DEFINITIONS.—Only as used in this section and ss.
   60  365.171, 365.173, and 365.174, the term:
   61         (a) “Answering point” means the public safety agency that
   62  receives incoming 911 calls and dispatches appropriate public
   63  safety agencies to respond to the calls.
   64         (a)(b) “Authorized expenditures” means expenditures of the
   65  fee, as specified in subsection (10) (9).
   66         (b)(c) “Automatic location identification” means the
   67  capability of the E911 service which enables the automatic
   68  display of information that defines the approximate geographic
   69  location of the wireless telephone, or the location of the
   70  address of the wireline telephone, used to place a 911 call.
   71         (c)(d) “Automatic number identification” means the
   72  capability of the E911 service which enables the automatic
   73  display of the service number used to place a 911 call.
   74         (d)(e) “Board” or “E911 Board” means the board of directors
   75  of the E911 Board established in subsection (5).
   76         (e)(f) “Building permit review” means a review for
   77  compliance with building construction standards adopted by the
   78  local government under chapter 553 and does not include a review
   79  for compliance with land development regulations.
   80         (f)(g) “Collocation” means the situation when a second or
   81  subsequent wireless provider uses an existing structure to
   82  locate a second or subsequent antennae. The term includes the
   83  ground, platform, or roof installation of equipment enclosures,
   84  cabinets, or buildings, and cables, brackets, and other
   85  equipment associated with the location and operation of the
   86  antennae.
   87         (g)(h) “Designed service” means the configuration and
   88  manner of deployment of service the wireless provider has
   89  designed for an area as part of its network.
   90         (h)(i)“Enhanced 911” or “E911” means is the designation
   91  for an enhanced 911 system or enhanced 911 service that is an
   92  emergency telephone system or service that provides a subscriber
   93  with 911 service and, in addition, directs 911 calls to
   94  appropriate public safety answering points by selective routing
   95  based on the geographical location from which the call
   96  originated, or as otherwise provided in the state plan under s.
   97  365.171, and that provides for automatic number identification
   98  and automatic location-identification features. E911 service
   99  provided by a wireless provider means E911 as defined in the
  100  order.
  101         (i)(j) “Existing structure” means a structure that exists
  102  at the time an application for permission to place antennae on a
  103  structure is filed with a local government. The term includes
  104  any structure that can structurally support the attachment of
  105  antennae in compliance with applicable codes.
  106         (j)(k) “Fee” means the E911 fee authorized and imposed
  107  under subsections subsection (8) and (9).
  108         (k)(l) “Fund” means the Emergency Communications Number
  109  E911 System Fund established in s. 365.173 and maintained under
  110  this section for the purpose of recovering the costs associated
  111  with providing 911 service or E911 service, including the costs
  112  of implementing the order. The fund shall be segregated into
  113  wireless, prepaid wireless, and nonwireless categories.
  114         (l)(m) “Historic building, structure, site, object, or
  115  district” means any building, structure, site, object, or
  116  district that has been officially designated as a historic
  117  building, historic structure, historic site, historic object, or
  118  historic district through a federal, state, or local designation
  119  program.
  120         (m)(n) “Land development regulations” means any ordinance
  121  enacted by a local government for the regulation of any aspect
  122  of development, including an ordinance governing zoning,
  123  subdivisions, landscaping, tree protection, or signs, the local
  124  government’s comprehensive plan, or any other ordinance
  125  concerning any aspect of the development of land. The term does
  126  not include any building construction standard adopted under and
  127  in compliance with chapter 553.
  128         (n)(o) “Local exchange carrier” means a “competitive local
  129  exchange telecommunications company” or a “local exchange
  130  telecommunications company” as defined in s. 364.02.
  131         (o)(p) “Local government” means any municipality, county,
  132  or political subdivision or agency of a municipality, county, or
  133  political subdivision.
  134         (p)(q) “Medium county” means any county that has a
  135  population of 75,000 or more but less than 750,000.
  136         (q)(r) “Mobile telephone number” or “MTN” means the
  137  telephone number assigned to a wireless telephone at the time of
  138  initial activation.
  139         (r)(s) “Nonwireless category” means the revenues to the
  140  fund received from voice communications services providers other
  141  than wireless providers.
  142         (s)(t) “Office” means the Technology Program within the
  143  Department of Management Services, as designated by the
  144  secretary of the department.
  145         (t)(u) “Order” means:
  146         1. The following orders and rules of the Federal
  147  Communications Commission issued in FCC Docket No. 94-102:
  148         a. Order adopted on June 12, 1996, with an effective date
  149  of October 1, 1996, the amendments to s. 20.03 and the creation
  150  of s. 20.18 of Title 47 of the Code of Federal Regulations
  151  adopted by the Federal Communications Commission pursuant to
  152  such order.
  153         b. Memorandum and Order No. FCC 97-402 adopted on December
  154  23, 1997.
  155         c. Order No. FCC DA 98-2323 adopted on November 13, 1998.
  156         d. Order No. FCC 98-345 adopted December 31, 1998.
  157         2. Orders and rules subsequently adopted by the Federal
  158  Communications Commission relating to the provision of 911
  159  services, including Order Number FCC-05-116, adopted May 19,
  160  2005.
  161         (u) “Prepaid wireless category” means all revenues in the
  162  fund received through the Department of Revenue from the fee
  163  authorized and imposed under subsection (9).
  164         (v) “Prepaid wireless service” means a right to access
  165  wireless service that allows a caller to contact and interact
  166  with 911 to access the 911 system, which service must be paid
  167  for in advance and is sold in predetermined units or dollars,
  168  which units or dollars expire on a predetermined schedule or are
  169  decremented on a predetermined basis in exchange for the right
  170  to access wireless service.
  171         (v) “Prepaid calling arrangements” has the same meaning as
  172  defined in s. 212.05(1)(e).
  173         (w) “Public agency” means the state and any municipality,
  174  county, municipal corporation, or other governmental entity,
  175  public district, or public authority located in whole or in part
  176  within this state which provides, or has authority to provide,
  177  firefighting, law enforcement, ambulance, medical, or other
  178  emergency services.
  179         (x) “Public safety agency” means a functional division of a
  180  public agency which provides firefighting, law enforcement,
  181  medical, or other emergency services.
  182         (y) “Public safety answering point,” “PSAP,” or “answering
  183  point” means the public safety agency that receives incoming 911
  184  requests for assistance and dispatches appropriate public safety
  185  agencies to respond to the requests in accordance with the state
  186  E911 plan.
  187         (z)(y) “Rural county” means any county that has a
  188  population of fewer than 75,000.
  189         (aa)(z) “Service identifier” means the service number,
  190  access line, or other unique subscriber identifier assigned to a
  191  subscriber and established by the Federal Communications
  192  Commission for purposes of routing calls whereby the subscriber
  193  has access to the E911 system.
  194         (bb)(aa) “Tower” means any structure designed primarily to
  195  support a wireless provider’s antennae.
  196         (cc)(bb) “Voice communications services” means two-way
  197  voice service, through the use of any technology, which actually
  198  provides access to E911 services, and includes communications
  199  services, as defined in s. 202.11, which actually provide access
  200  to E911 services and which are required to be included in the
  201  provision of E911 services pursuant to orders and rules adopted
  202  by the Federal Communications Commission. The term includes
  203  voice-over-Internet-protocol service. For the purposes of this
  204  section, the term “voice-over-Internet-protocol service” or
  205  “VoIP service” means interconnected VoIP services having the
  206  following characteristics:
  207         1. The service enables real-time, two-way voice
  208  communications;
  209         2. The service requires a broadband connection from the
  210  user’s locations;
  211         3. The service requires IP-compatible customer premises
  212  equipment; and
  213         4. The service offering allows users generally to receive
  214  calls that originate on the public switched telephone network
  215  and to terminate calls on the public switched telephone network.
  216         (dd)(cc) “Voice communications services provider” or
  217  “provider” means any person or entity providing voice
  218  communications services, except that the term does not include
  219  any person or entity that resells voice communications services
  220  and was assessed the fee authorized and imposed under subsection
  221  (8) by its resale supplier.
  222         (ee)(dd) “Wireless 911 system” or “wireless 911 service”
  223  means an emergency telephone system or service that provides a
  224  subscriber with the ability to reach an answering point by
  225  accessing the digits 911.
  226         (ff)(ee) “Wireless category” means the revenues to the fund
  227  received from a wireless provider from the fee authorized and
  228  imposed under subsection (8).
  229         (gg)(ff) “Wireless communications facility” means any
  230  equipment or facility used to provide service and may include,
  231  but is not limited to, antennae, towers, equipment enclosures,
  232  cabling, antenna brackets, and other such equipment. Placing a
  233  wireless communications facility on an existing structure does
  234  not cause the existing structure to become a wireless
  235  communications facility.
  236         (hh)(gg) “Wireless provider” means a person who provides
  237  wireless service and:
  238         1. Is subject to the requirements of the order; or
  239         2. Elects to provide wireless 911 service or E911 service
  240  in this state.
  241         (ii)(hh) “Wireless service” means “commercial mobile radio
  242  service” as provided under ss. 3(27) and 332(d) of the Federal
  243  Telecommunications Act of 1996, 47 U.S.C. ss. 151 et seq., and
  244  the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103
  245  66, August 10, 1993, 107 Stat. 312. The term includes service
  246  provided by any wireless real-time two-way wire communication
  247  device, including radio-telephone communications used in
  248  cellular telephone service; personal communications service; or
  249  the functional or competitive equivalent of a radio-telephone
  250  communications line used in cellular telephone service, a
  251  personal communications service, or a network radio access line.
  252  The term does not include wireless providers that offer mainly
  253  dispatch service in a more localized, noncellular configuration;
  254  providers offering only data, one-way, or stored-voice services
  255  on an interconnected basis; providers of air-to-ground services;
  256  or public coast stations.
  257         (4) POWERS AND DUTIES OF THE OFFICE.—The office shall
  258  oversee the administration of the fee authorized and imposed on
  259  subscribers of voice communications services under subsections
  260  subsection (8) and (9).
  261         (5) THE E911 BOARD.—
  262         (a) The E911 Board is established to administer, with
  263  oversight by the office, the fee imposed under subsections
  264  subsection (8) and (9), including receiving revenues derived
  265  from the fee; distributing portions of the revenues to wireless
  266  providers, counties, and the office; accounting for receipts,
  267  distributions, and income derived by the funds maintained in the
  268  fund; and providing annual reports to the Governor and the
  269  Legislature for submission by the office on amounts collected
  270  and expended, the purposes for which expenditures have been
  271  made, and the status of E911 service in this state. In order to
  272  advise and assist the office in implementing the purposes of
  273  this section, the board, which has the power of a body
  274  corporate, has the powers enumerated in subsection (6).
  275         (b) The board shall consist of 11 members, one of whom must
  276  be the system director designated under s. 365.171(5), or his or
  277  her designee, who shall serve as the chair of the board. The
  278  remaining 10 members of the board shall be appointed by the
  279  Governor and must be composed of 5 county 911 coordinators,
  280  consisting of a representative from a rural county, a
  281  representative from a medium county, a representative from a
  282  large county, and 2 at-large representatives recommended by the
  283  Florida Association of Counties in consultation with the county
  284  911 coordinators; 3 local exchange carrier member
  285  representatives, one of whom must be a representative of the
  286  local exchange carrier having the greatest number of access
  287  lines in the state and one of whom must be a representative of a
  288  certificated competitive local exchange telecommunications
  289  company; and 2 member representatives from the wireless
  290  telecommunications industry, with consideration given to
  291  wireless providers that are not affiliated with local exchange
  292  carriers. Not more than one member may be appointed to represent
  293  any single provider on the board.
  294         (c) The system director, designated under s. 365.171(5), or
  295  his or her designee, must be a permanent member of the board.
  296  Each of the remaining 10 eight members of the board shall be
  297  appointed to a 4-year term and may not be appointed to more than
  298  two successive terms. However, for the purpose of staggering
  299  terms, two of the original board members shall be appointed to
  300  terms of 4 years, two shall be appointed to terms of 3 years,
  301  and four shall be appointed to terms of 2 years, as designated
  302  by the Governor. A vacancy on the board shall be filled in the
  303  same manner as the original appointment.
  304         (d) The first vacancy in a wireless provider representative
  305  position occurring after July 1, 2007, must be filled by
  306  appointment of a local exchange company representative. Until
  307  the appointment is made, there shall be only one local exchange
  308  company representative serving on the board, notwithstanding any
  309  other provision to the contrary.
  311         (a) The board shall:
  312         1. Administer the E911 fee.
  313         2. Implement, maintain, and oversee the fund.
  314         3. Review and oversee the disbursement of the revenues
  315  deposited into the fund as provided in s. 365.173.
  316         a. The board may establish a schedule for implementing
  317  wireless E911 service by service area, and prioritize
  318  disbursements of revenues from the fund to providers and rural
  319  counties as provided in s. 365.173(2)(e) s. 365.173(2)(d) and
  320  (g) pursuant to the schedule, in order to implement E911
  321  services in the most efficient and cost-effective manner.
  322         b. Revenues in the fund which have not been disbursed
  323  because sworn invoices as required by s. 365.173(2)(e) s.
  324  365.173(2)(d) have not been submitted to the board may be used
  325  by the board as needed to provide grants to counties for the
  326  purpose of upgrading E911 systems. The counties must use the
  327  funds only for capital expenditures or remotely provided hosted
  328  911 answering point call-taking equipment and network services
  329  directly attributable to establishing and provisioning E911
  330  services, which may include next-generation deployment. Prior to
  331  the distribution of grants, the board shall provide 90 days’
  332  written notice to all counties and publish electronically an
  333  approved application process. County grant applications shall be
  334  prioritized based on the availability of funds, current system
  335  life expectancy, system replacement needs, and Phase II
  336  compliance per the Federal Communications Commission. No grants
  337  will be available to any county for next-generation deployment
  338  until all counties are Phase II complete. The board shall take
  339  all actions within its authority to ensure that county
  340  recipients of such grants use these funds only for the purpose
  341  under which they have been provided and may take any actions
  342  within its authority to secure county repayment of grant
  343  revenues upon determination that the funds were not used for the
  344  purpose under which they were provided.
  345         c. When determining the funding provided in a state 911
  346  grant application request, the board shall take into account
  347  information on the amount of carryforward funds retained by the
  348  counties. The information will be based on the amount of county
  349  carryforward funds reported in the financial audit required in
  350  s. 365.173(2)(d). E911 State Grant Program funding requests will
  351  be limited by any county carryforward funds in excess of the
  352  allowable 30 percent amount of fee revenue calculated on a 2
  353  year basis.
  354         d.c. The board shall reimburse all costs of a wireless
  355  provider in accordance with s. 365.173(2)(e) s. 365.173(2)(d)
  356  before taking any action to transfer additional funds.
  357         d. By September 1, 2007, the board shall authorize the
  358  transfer of up to $15 million to the counties from existing
  359  money within the fund established under s. 365.173(1). The money
  360  shall be disbursed equitably to all of the counties using a
  361  timeframe and distribution methodology established by the board
  362  before September 1, 2007, in order to prevent a loss to the
  363  counties in the ordinary and expected time value of money caused
  364  by any timing delay in remittance to the counties of wireline
  365  fees caused by the one-time transfer of collecting wireline fees
  366  by the counties to the board. All disbursements for this purpose
  367  must be returned to the fund from future remittances by the
  368  nonwireless category.
  369         e. After taking the action required in sub-subparagraphs
  370  a.-d., the board may review and, with all members participating
  371  in the vote, adjust the percentage allocations or adjust the
  372  amount of the fee as provided, or both, under paragraph (8)(g)
  373  (8)(h), and, if the board determines that the revenues in the
  374  wireless category exceed the amount needed to reimburse wireless
  375  providers for the cost to implement E911 services, the board may
  376  transfer revenue to the counties from the existing funds within
  377  the wireless category. The board shall disburse the funds
  378  equitably to all counties using a timeframe and distribution
  379  methodology established by the board.
  380         4. Review documentation submitted by wireless providers
  381  which reflects current and projected funds derived from the fee,
  382  and the expenses incurred and expected to be incurred in order
  383  to comply with the E911 service requirements contained in the
  384  order for the purposes of:
  385         a. Ensuring that wireless providers receive fair and
  386  equitable distributions of funds from the fund.
  387         b. Ensuring that wireless providers are not provided
  388  disbursements from the fund which exceed the costs of providing
  389  E911 service, including the costs of complying with the order.
  390         c. Ascertaining the projected costs of compliance with the
  391  requirements of the order and projected collections of the fee.
  392         d. Implementing changes to the allocation percentages or
  393  adjusting the fee under paragraph (8)(h) (8)(i).
  394         5. Meet monthly in the most efficient and cost-effective
  395  manner, including telephonically when practical, for the
  396  business to be conducted, to review and approve or reject, in
  397  whole or in part, applications submitted by wireless providers
  398  for recovery of moneys deposited into the wireless category, and
  399  to authorize the transfer of, and distribute, the fee allocation
  400  to the counties.
  401         6. Hire and retain employees, which may include an
  402  independent executive director who shall possess experience in
  403  the area of telecommunications and emergency 911 issues, for the
  404  purposes of performing the technical and administrative
  405  functions for the board.
  406         7. Make and enter into contracts, pursuant to chapter 287,
  407  and execute other instruments necessary or convenient for the
  408  exercise of the powers and functions of the board.
  409         8. Sue and be sued, and appear and defend in all actions
  410  and proceedings, in its corporate name to the same extent as a
  411  natural person.
  412         9. Adopt, use, and alter a common corporate seal.
  413         10. Elect or appoint the officers and agents that are
  414  required by the affairs of the board.
  415         11. The board may adopt rules under ss. 120.536(1) and
  416  120.54 to implement this section and ss. 365.173 and 365.174.
  417         12. Provide coordination, support, and technical assistance
  418  to counties to promote the deployment of advanced 911 and E911
  419  systems in the state.
  420         13. Provide coordination and support for educational
  421  opportunities related to E911 issues for the E911 community in
  422  this state.
  423         14. Act as an advocate for issues related to E911 system
  424  functions, features, and operations to improve the delivery of
  425  E911 services to the residents of and visitors to this state.
  426         15. Coordinate input from this state at national forums and
  427  associations, to ensure that policies related to E911 systems
  428  and services are consistent with the policies of the E911
  429  community in this state.
  430         16. Work cooperatively with the system director established
  431  in s. 365.171(5) to enhance the state of E911 services in this
  432  state and to provide unified leadership for all E911 issues
  433  through planning and coordination.
  434         17. Do all acts and things necessary or convenient to carry
  435  out the powers granted in this section in a manner that is
  436  competitively and technologically neutral as to all voice
  437  communications services providers, including, but not limited
  438  to, consideration of emerging technology and related cost
  439  savings, while taking into account embedded costs in current
  440  systems.
  441         18. Have the authority to secure the services of an
  442  independent, private attorney via invitation to bid, request for
  443  proposals, invitation to negotiate, or professional contracts
  444  for legal services already established at the Division of
  445  Purchasing of the Department of Management Services.
  446         (b) Board members shall serve without compensation;
  447  however, members are entitled to per diem and travel expenses as
  448  provided in s. 112.061.
  449         (c) By February 28 of each year, the board shall prepare a
  450  report for submission by the office to the Governor, the
  451  President of the Senate, and the Speaker of the House of
  452  Representatives which addresses for the immediately preceding
  453  state fiscal year and county fiscal calendar year:
  454         1. The annual receipts, including the total amount of fee
  455  revenues collected by each provider, the total disbursements of
  456  money in the fund, including the amount of fund-reimbursed
  457  expenses incurred by each wireless provider to comply with the
  458  order, and the amount of moneys on deposit in the fund.
  459         2. Whether the amount of the fee and the allocation
  460  percentages set forth in s. 365.173 have been or should be
  461  adjusted to comply with the requirements of the order or other
  462  provisions of this chapter, and the reasons for making or not
  463  making a recommended adjustment to the fee.
  464         3. Any other issues related to providing E911 services.
  465         4. The status of E911 services in this state.
  467         (a) The board shall issue a request for proposals as
  468  provided in chapter 287 for the purpose of retaining an
  469  independent accounting firm. The independent accounting firm
  470  shall perform all material administrative and accounting tasks
  471  and functions required for administering the fee. The request
  472  for proposals must include, but need not be limited to:
  473         1. A description of the scope and general requirements of
  474  the services requested.
  475         2. A description of the specific accounting and reporting
  476  services required for administering the fund, including
  477  processing checks and distributing funds as directed by the
  478  board under s. 365.173.
  479         3. A description of information to be provided by the
  480  proposer, including the proposer’s background and qualifications
  481  and the proposed cost of the services to be provided.
  482         (b) The board shall establish a committee to review
  483  requests for proposals which must include the statewide E911
  484  system director designated under s. 365.171(5), or his or her
  485  designee, and two members of the board, one of whom is a county
  486  911 coordinator and one of whom represents a voice
  487  communications services provider. The review committee shall
  488  review the proposals received by the board and recommend an
  489  independent accounting firm to the board for final selection. By
  490  agreeing to serve on the review committee, each member of the
  491  review committee shall verify that he or she does not have any
  492  interest or employment, directly or indirectly, with potential
  493  proposers which conflicts in any manner or degree with his or
  494  her performance on the committee.
  495         (c) After July 1, 2004, The board may secure the services
  496  of an independent accounting firm via invitation to bid, request
  497  for proposals, invitation to negotiate, or professional
  498  contracts already established at the Division of Purchasing,
  499  Department of Management Services, for certified public
  500  accounting firms, or the board may hire and retain professional
  501  accounting staff to accomplish these functions.
  502         (8) E911 FEE.—
  503         (a) Each voice communications services provider shall
  504  collect the fee described in this subsection, except that the
  505  fee for prepaid wireless service shall be collected in the
  506  manner set forth in subsection (9). Each provider, as part of
  507  its monthly billing process, shall bill the fee as follows. The
  508  fee shall not be assessed on any pay telephone in the state.
  509         1. Each voice communications service provider other than a
  510  wireless provider shall bill the fee to a subscriber based on
  511  the number of access lines having access to the E911 system, on
  512  a service-identifier basis, up to a maximum of 25 access lines
  513  per account bill rendered.
  514         2. Each voice communications service provider other than a
  515  wireless provider shall bill the fee to a subscriber on a basis
  516  of five service-identified access lines for each digital
  517  transmission link, including primary rate interface service or
  518  equivalent Digital-Signal-1-level service, which can be
  519  channelized and split into 23 or 24 voice-grade or data-grade
  520  channels for communications, up to a maximum of 25 access lines
  521  per account bill rendered.
  522         3. Except in the case of prepaid wireless service, each
  523  wireless provider shall bill the fee to a subscriber on a per
  524  service-identifier basis for service identifiers whose primary
  525  place of use is within this state. Before July 1, 2013, The fee
  526  shall not be assessed on or collected from a provider with
  527  respect to an end user’s service if that end user’s service is a
  528  prepaid wireless service before the fee under subsection (9)
  529  takes effect calling arrangement that is subject to s.
  530  212.05(1)(e).
  531         a. An E911 fee shall not be collected from the sale of
  532  prepaid wireless service before July 1, 2013.
  533         b. For purposes of this section, the term:
  534         (I) “Prepaid wireless service” means the right to access
  535  telecommunications services, which must be paid for in advance
  536  and sold in predetermined units or dollars enabling the
  537  originator to make calls such that the number of units or
  538  dollars declines with use in a known amount.
  539         (II) “Prepaid wireless service providers” includes those
  540  persons who sell prepaid wireless service regardless of its
  541  form, as a retailer or reseller.
  542         4. Except in the case of prepaid wireless service, each The
  543  voice communications services provider providers not addressed
  544  under subparagraphs 1., 2., and 3. shall bill the fee on a per
  545  service-identifier basis for service identifiers whose primary
  546  place of use is within the state up to a maximum of 25 service
  547  identifiers for each account bill rendered.
  549  The provider may list the fee as a separate entry on each bill,
  550  in which case the fee must be identified as a fee for E911
  551  services. A provider shall remit the fee to the board only if
  552  the fee is paid by the subscriber. If a provider receives a
  553  partial payment for a monthly bill from a subscriber, the amount
  554  received shall first be applied to the payment due the provider
  555  for providing voice communications service.
  556         (b) A provider is not obligated to take any legal action to
  557  enforce collection of the fees for which any subscriber is
  558  billed. A county subscribing to 911 service remains liable to
  559  the provider delivering the 911 service or equipment for any 911
  560  service, equipment, operation, or maintenance charge owed by the
  561  county to the provider.
  562         (c) For purposes of this subsection section, the state and
  563  local governments are not subscribers.
  564         (d) Each provider may retain 1 percent of the amount of the
  565  fees collected as reimbursement for the administrative costs
  566  incurred by the provider to bill, collect, and remit the fee.
  567  The remainder shall be delivered to the board and deposited by
  568  the board into the fund. The board shall distribute the
  569  remainder pursuant to s. 365.173.
  570         (e) Effective September 1, 2007, Voice communications
  571  services providers billing the fee to subscribers shall deliver
  572  revenues from the fee to the board within 60 days after the end
  573  of the month in which the fee was billed, together with a
  574  monthly report of the number of service identifiers in each
  575  county. Each wireless provider and other applicable provider
  576  identified in subparagraph (a)4. shall report the number of
  577  service identifiers for subscribers whose place of primary use
  578  is in each county. All provider subscriber information provided
  579  to the board is subject to s. 365.174. If a provider chooses to
  580  remit any fee amounts to the board before they are paid by the
  581  subscribers, a provider may apply to the board for a refund of,
  582  or may take a credit for, any such fees remitted to the board
  583  which are not collected by the provider within 6 months
  584  following the month in which the fees are charged off for
  585  federal income tax purposes as bad debt.
  586         (f) The rate of the fee shall be set by the board after
  587  considering the factors set forth in paragraphs (h) and (i), but
  588  may not exceed 50 cents per month for per each service
  589  identifier. Effective on the first day of the month following
  590  180 days after this act takes effect, the fee shall be 46 cents
  591  per month for each service identifier. The fee shall apply
  592  uniformly and be imposed throughout the state, except for those
  593  counties that, before July 1, 2007, had adopted an ordinance or
  594  resolution establishing a fee less than 50 cents per month per
  595  access line. In those counties the fee established by ordinance
  596  may be changed only to the uniform statewide rate no sooner than
  597  30 days after notification is made by the county’s board of
  598  county commissioners to the board.
  599         (g) It is the intent of the Legislature that all revenue
  600  from the fee be used as specified in s. 365.173(2)(a)-(i).
  601         (g)(h) No later than November 1, 2007, The board may adjust
  602  the allocation percentages for distribution of the fund as
  603  provided in s. 365.173. No sooner than 1 year after the fee is
  604  imposed under paragraph (9)(a), the board may adjust the rate of
  605  the fee under paragraph (f) based on the criteria in this
  606  paragraph and paragraph (h). Any adjustment in the rate must be
  607  approved by a two-thirds vote of the total number of E911 board
  608  members. When setting the percentages or and contemplating any
  609  adjustments to the fee, the board shall consider the following:
  610         1. The revenues currently allocated for wireless service
  611  provider costs for implementing E911 service and projected costs
  612  for implementing E911 service, including recurring costs for
  613  Phase I and Phase II and the effect of new technologies;
  614         2. The appropriate level of funding needed to fund the
  615  rural grant program provided for in s. 365.173(2)(g); and
  616         3. The need to fund statewide, regional, and county grants
  617  in accordance with sub-subparagraph (6)(a)3.b. and s.
  618  365.173(2)(h).
  619         (h)(i) The board may adjust the allocation percentages or
  620  adjust the amount of the fee as provided in paragraph (g), or
  621  both, if necessary to ensure full cost recovery or prevent
  622  overrecovery of costs incurred in the provision of E911 service,
  623  including costs incurred or projected to be incurred to comply
  624  with the order. Any new allocation percentages or reduced or
  625  increased fee may not be adjusted for 1 year. In no event shall
  626  the fee may not exceed 50 cents per month for per each service
  627  identifier. The board-established fee, and any board adjustment
  628  of the fee, shall be uniform throughout the state, except for
  629  the counties identified in paragraph (f). No less than 90 days
  630  before the effective date of any adjustment to the fee, the
  631  board shall provide written notice of the adjusted fee amount
  632  and effective date to each voice communications services
  633  provider from which the board is then receiving the fee.
  634         (i) It is the intent of the Legislature that all revenue
  635  from the fee be used as specified in s. 365.173(2)(a)-(i).
  636         (j) State and local taxes do not apply to the fee. The
  637  amount of the E911 fee collected by a provider may not be
  638  included in the base for measuring any tax, fee, surcharge, or
  639  other charge imposed by this state, any political subdivision of
  640  this state, or any governmental agency.
  641         (k) A local government may not levy the fee or any
  642  additional fee on providers or subscribers for the provision of
  643  E911 service.
  644         (l) For purposes of this section, the definitions contained
  645  in s. 202.11 and the provisions of s. 202.155 apply in the same
  646  manner and to the same extent as the definitions and provisions
  647  apply to the taxes levied under chapter 202 on mobile
  648  communications services.
  649         (9) PREPAID WIRELESS E911 FEE.—
  650         (a) Effective on the first day of the month following 120
  651  days after this act takes effect, a prepaid wireless E911 fee is
  652  imposed per retail transaction at the rate of 46 cents. In order
  653  to allow sellers of all sizes and technological capabilities
  654  adequate time to comply with this subsection, a seller of
  655  prepaid wireless service operating in this state before the
  656  prepaid wireless E911 fee is imposed shall retain 100 percent of
  657  the fee collected under this paragraph for the first 2 months to
  658  offset the cost of setup.
  659         (b) Effective on the first day of the month following 180
  660  days after this act takes effect, the prepaid wireless E911 fee
  661  is imposed per retail transaction at the rate established in
  662  paragraphs (8)(f)-(h) and shall be remitted in accordance with
  663  paragraph (g). In no event shall the fee exceed 50 cents for
  664  each retail transaction. At least 90 days before the effective
  665  date of any adjustment to the fee under paragraph (8)(g), the
  666  Department of Revenue shall provide written notice of the
  667  adjusted fee amount and its effective date to each seller from
  668  which the department is then receiving the fee. At least 120
  669  days before the effective date of any adjustment to the fee
  670  imposed under this subsection, the board shall provide notice to
  671  the Department of Revenue of the adjusted fee amount and
  672  effective date of the adjustment.
  673         (c) The prepaid wireless E911 fee shall be collected by the
  674  seller from the consumer with respect to each retail transaction
  675  occurring in this state. The amount of the prepaid wireless E911
  676  fee shall be separately stated on an invoice, receipt, or other
  677  similar document that is provided to the consumer by the seller
  678  or otherwise disclosed to the consumer.
  679         (d) For purposes of paragraph (c), a retail transaction
  680  that takes place in person by a consumer at a business location
  681  of the seller shall be treated as occurring in this state if
  682  that business location is in this state. Such transaction is
  683  deemed to have occurred in the county of the business location.
  684  When a retail transaction does not take place at the seller’s
  685  business location, the transaction shall be treated as taking
  686  place at the consumer’s shipping address or, if no item is
  687  shipped, at the consumer’s address or the location associated
  688  with the consumer’s mobile telephone number. Such transaction is
  689  deemed to have occurred in the county of the consumer’s shipping
  690  address when items are shipped to the consumer or, when no items
  691  are shipped, the county of the consumer’s address or the
  692  location associated with the consumer’s mobile telephone number.
  693  A transaction for which the specific Florida county cannot be
  694  determined shall be treated as nonspecific.
  695         (e) If a prepaid wireless device is sold for a single,
  696  nonitemized price with a prepaid wireless service of 10 minutes
  697  or less or $5 or less, the seller may elect not to apply the
  698  wireless E911 fee to the transaction.
  699         (f) The amount of the prepaid wireless E911 fee that is
  700  collected by a seller from a consumer and that is separately
  701  stated on an invoice, receipt, or similar document provided to
  702  the consumer by the seller, may not be included in the base for
  703  measuring any tax, fee, surcharge, or other charge that is
  704  imposed by this state, any political subdivision of this state,
  705  or any intergovernmental agency.
  706         (g) Beginning the month after the fee is imposed under
  707  paragraph (b), each seller shall file a return and remit the
  708  prepaid wireless E911 fees collected in the previous month to
  709  the Department of Revenue on or before the 20th day of the
  710  month. If the 20th day falls on a Saturday, Sunday, or legal
  711  holiday, payments accompanied by returns are due on the next
  712  succeeding day that is not a Saturday, Sunday, or legal holiday
  713  observed by federal or state agencies as defined in chapter 683
  714  and s. 7503 of the Internal Revenue Code of 1986, as amended. A
  715  seller may remit the prepaid wireless E911 fee by electronic
  716  funds transfer and file a fee return with the Department of
  717  Revenue that is initiated through an electronic data
  718  interchange.
  719         1. When a seller is authorized by the Department of Revenue
  720  pursuant to s. 212.11(1)(c) or (d) to file a sales and use tax
  721  return on a quarterly, semiannual, or annual reporting basis,
  722  the seller may file a return and remit the prepaid wireless E911
  723  fees on or before the 20th day of the month following the
  724  authorized reporting period for sales and use tax.
  725         2. A seller collecting less than $50 per month of prepaid
  726  wireless E911 fees may file a quarterly return for the calendar
  727  quarters ending in March, June, September, and December. The
  728  seller must file a return and remit the prepaid wireless E911
  729  fees collected during each calendar quarter on or before the
  730  20th day of the month following that calendar quarter.
  731         3. A seller must provide the following information on each
  732  prepaid wireless E911 fee return filed with the Department of
  733  Revenue:
  734         a. The seller’s name, federal identification number,
  735  taxpayer identification number issued by the Department of
  736  Revenue, business location address and mailing address, and
  737  county of the business location in accordance with paragraph
  738  (d);
  739         b. The reporting period;
  740         c. The number of prepaid wireless services sold during the
  741  reporting period;
  742         d. The amount of prepaid wireless E911 fees collected and
  743  the amount of any adjustments to the fees collected;
  744         e. The amount of any retailer collection allowance deducted
  745  from the amount of prepaid wireless E911 fees collected; and
  746         f. The amount to be remitted to the Department of Revenue.
  747         4. A seller who operates two or more business locations for
  748  which returns are required to be filed with the Department of
  749  Revenue may file a consolidated return reporting and remitting
  750  the prepaid wireless E911 fee for all business locations. Such
  751  sellers must report the prepaid wireless E911 fees collected in
  752  each county, in accordance with paragraph (d), on a reporting
  753  schedule filed with the fee return.
  754         5. A return is not required for a reporting period when no
  755  prepaid wireless E911 fee is to be remitted for that period.
  756         6. The Department of Revenue serves as an agent of the E911
  757  Board for collection of the prepaid wireless E911 fee, and the
  758  board retains the authority to administer the fee as provided in
  759  this section and s. 365.173.
  760         (h) A seller of prepaid wireless services in this state
  761  must register with the Department of Revenue for each place of
  762  business as required by s. 212.18(3) and the Department of
  763  Revenue’s administrative rule regarding registration as a sales
  764  and use tax dealer. A separate application is required for each
  765  place of business. A valid certificate of registration issued by
  766  the Department of Revenue to a seller for sales and use tax
  767  purposes is sufficient for purposes of the registration
  768  requirement of this subsection. There is no fee for registration
  769  for remittance of the prepaid wireless service E911 fee.
  770         (i) The Department of Revenue shall deposit the funds
  771  remitted under this subsection into the Audit and Warrant
  772  Clearing Trust Fund established in s. 215.199 and retain up to
  773  3.2 percent of the funds remitted under this subsection to
  774  reimburse its direct costs of administering the collection and
  775  remittance of prepaid wireless fees. Thereafter, the Department
  776  of Revenue shall transfer all remaining funds remitted under
  777  this subsection to the Emergency Communications Number E911
  778  System Fund monthly for use as provided in s. 365.173.
  779         (j) A seller may retain 5 percent of the prepaid wireless
  780  E911 fees that are collected under paragraph (b) by the seller
  781  from consumers as a retailer collection allowance.
  782         (k) A provider or seller of prepaid wireless service is not
  783  liable for damages to any person resulting from or incurred in
  784  connection with providing or failing to provide 911 or E911
  785  service or for identifying or failing to identify the telephone
  786  number, address, location, or name associated with any person or
  787  device that is accessing or attempting to access 911 or E911
  788  service.
  789         (l) A provider or seller of prepaid wireless service is not
  790  liable for damages to any person resulting from or incurred in
  791  connection with providing any lawful assistance to any
  792  investigative or law enforcement officer of the United States,
  793  any state, or any political subdivision of any state in
  794  connection with any lawful investigation or other law
  795  enforcement activity by such law enforcement officer.
  796         (m) The limitations of liability under this subsection for
  797  providers and sellers are in addition to any other limitation of
  798  liability provided for under this section.
  799         (n) A local government may not levy the fee or any
  800  additional fee on providers or sellers of prepaid wireless
  801  service for the provision of E911 service.
  802         (o) For purposes of this section, the state and local
  803  governments are not consumers.
  804         (p) For purposes of this subsection, the term:
  805         1. “Consumer” means a person who purchases prepaid wireless
  806  service in a retail sale.
  807         2. “Prepaid wireless E911 fee” means the fee that is
  808  required to be collected by a seller from a consumer as provided
  809  in this subsection.
  810         3. “Provider” means a person that provides prepaid wireless
  811  service pursuant to a license issued by the Federal
  812  Communications Commission.
  813         4. “Retail transaction” means the purchase by a consumer
  814  from a seller of prepaid wireless service that may be applied to
  815  a single service identifier for use by the consumer. If a
  816  consumer makes a purchase of multiple prepaid wireless services
  817  in a single transaction, each individual prepaid wireless
  818  service shall be considered a separate retail transaction for
  819  purposes of calculating the prepaid wireless E911 fee.
  820         5. “Seller” means a person who makes retail sales of
  821  prepaid wireless services to a consumer.
  822         (10)(9) AUTHORIZED EXPENDITURES OF E911 FEE.—
  823         (a) For purposes of this section, E911 service includes the
  824  functions of database management, call taking, dispatching,
  825  location verification, and call transfer. Department of Health
  826  certification and recertification and training costs for 911
  827  public safety telecommunications, including dispatching, are
  828  functions of 911 services.
  829         (b) All costs directly attributable to the establishment or
  830  provision of E911 service and contracting for E911 services are
  831  eligible for expenditure of moneys derived from imposition of
  832  the fee authorized by this section. These costs include the
  833  acquisition, implementation, and maintenance of Public Safety
  834  Answering Point (PSAP) equipment and E911 service features, as
  835  defined in the providers’ published schedules Public Service
  836  Commission’s lawfully approved 911 and E911 and related tariffs
  837  or the acquisition, installation, and maintenance of other E911
  838  equipment, including: circuits; call answering equipment;, call
  839  transfer equipment;, ANI or ALI controllers;, ALI controllers,
  840  ANI or ALI displays;, ALI displays, station instruments;, E911
  841  telecommunications systems;, visual call information and storage
  842  devices;, recording equipment;, telephone devices and other
  843  equipment for the hearing impaired used in the E911 system;,
  844  PSAP backup power systems;, consoles;, automatic call
  845  distributors, and interfaces, including hardware and software,
  846  for computer-aided dispatch (CAD) systems;, integrated CAD
  847  systems for that portion of the systems used for E911 call
  848  taking; GIS system and software equipment and information
  849  displays;, network clocks;, salary and associated expenses for
  850  E911 call takers for that portion of their time spent taking and
  851  transferring E911 calls, salary, and associated expenses for a
  852  county to employ a full-time equivalent E911 coordinator
  853  position and a full-time equivalent mapping or geographical data
  854  position, and technical system maintenance, database, and
  855  administration personnel and a staff assistant position per
  856  county for the portion of their time spent administrating the
  857  E911 system; emergency medical, fire, and law enforcement
  858  prearrival instruction software; charts and training costs;,
  859  training costs for PSAP call takers, supervisors, and managers
  860  in the proper methods and techniques used in taking and
  861  transferring E911 calls;, costs to train and educate PSAP
  862  employees regarding E911 service or E911 equipment, including
  863  fees collected by the Department of Health for the certification
  864  and recertification of 911 public safety telecommunicators as
  865  required under s. 401.465;, and expenses required to develop and
  866  maintain all information, including ALI and ANI databases and
  867  other information source repositories, necessary to properly
  868  inform call takers as to location address, type of emergency,
  869  and other information directly relevant to the E911 call-taking
  870  and transferring function. Moneys derived from the fee may also
  871  be used for next-generation E911 network services, next
  872  generation E911 database services, next-generation E911
  873  equipment, and wireless E911 routing systems.
  874         (c) The moneys may not be used to pay for any item not
  875  listed in this subsection, including, but not limited to, any
  876  capital or operational costs for emergency responses which occur
  877  after the call transfer to the responding public safety entity
  878  and the costs for constructing, leasing, maintaining, or
  879  renovating buildings, except for those building modifications
  880  necessary to maintain the security and environmental integrity
  881  of the PSAP and E911 equipment rooms.
  882         Section 2. Effective on the date that the prepaid wireless
  883  E911 fee is imposed and remitted to the state under section
  884  365.172(9)(b), Florida Statutes, as amended by this act, section
  885  365.173, Florida Statutes, is amended to read:
  886         365.173 Emergency Communications Number E911 System Fund.—
  887         (1) REVENUES.—
  888         (a)All Revenues derived from the fee levied on subscribers
  889  under s. 365.172(8) must be paid by the board into the State
  890  Treasury on or before the 15th day of each month. Such moneys
  891  must be accounted for in a special fund to be designated as the
  892  Emergency Communications Number E911 System Fund, a fund created
  893  in the Technology Program, or other office as designated by the
  894  Secretary of Management Services.,
  895         (b) Revenues derived from the fee levied on prepaid
  896  wireless service under s. 365.172(9), less the costs of
  897  administering collection of the fee, must be transferred by the
  898  Department of Revenue to the Emergency Communications Number
  899  E911 System Fund on or before the 25th day of each month
  900  following the month of receipt. and,
  901         (c) For accounting purposes, the Emergency Communications
  902  Number E911 System Fund must be segregated into three two
  903  separate categories:
  904         1.(a) The wireless category; and
  905         2.(b) The nonwireless category; and
  906         3. The prepaid wireless category.
  907         (d) All moneys must be invested by the Chief Financial
  908  Officer pursuant to s. 17.61. All moneys in such fund are to be
  909  expended by the office for the purposes provided in this section
  910  and s. 365.172. These funds are not subject to s. 215.20.
  911         (2) DISTRIBUTION AND USE OF FUNDS.—As determined by the
  912  board pursuant to s. 365.172(8)(g) s. 365.172(8)(h), and subject
  913  to any modifications approved by the board pursuant to s.
  914  365.172(6)(a)3. or (8)(h) (8)(i), the moneys in the fund shall
  915  be distributed and used only as follows:
  916         (a) Seventy-six Sixty-seven percent of the moneys in the
  917  wireless category shall be distributed each month to counties,
  918  based on the total number of service identifiers in each county,
  919  and shall be used exclusively for payment of:
  920         1. Authorized expenditures, as specified in s. 365.172(10)
  921  s. 365.172(9).
  922         2. Costs to comply with the requirements for E911 service
  923  contained in the order and any future rules related to the
  924  order.
  925         (b) Ninety-six Ninety-seven percent of the moneys in the
  926  nonwireless category shall be distributed each month to counties
  927  based on the total number of service identifiers in each county
  928  and shall be used exclusively for payment of authorized
  929  expenditures, as specified in s. 365.172(10) s. 365.172(9).
  930         (c) Sixty-one percent of the moneys in the prepaid wireless
  931  category shall be distributed each month to counties based on
  932  the total amount of fees reported and paid in each county and
  933  shall be used exclusively for payment of authorized
  934  expenditures, as specified in s. 365.172(10). The moneys from
  935  prepaid wireless fees identified as nonspecific in accordance
  936  with s. 365.172(9) shall be distributed as determined by the
  937  E911 Board.
  938         (d)(c) Any county that receives funds under paragraphs (a),
  939  and (b), and (c) shall establish a fund to be used exclusively
  940  for the receipt and expenditure of the revenues collected under
  941  paragraphs (a), and (b), and (c). All fees placed in the fund
  942  and any interest accrued shall be used solely for costs
  943  described in subparagraphs (a)1. and 2. and may not be reduced,
  944  withheld, or allocated for other purposes. The money collected
  945  and interest earned in this fund shall be appropriated for these
  946  purposes by the county commissioners and incorporated into the
  947  annual county budget. The fund shall be included within the
  948  financial audit performed in accordance with s. 218.39. The
  949  financial audit shall assure that all E911 fee revenues,
  950  interest, and E911 grant funding are used for payment of
  951  authorized expenditures, as specified in s. 365.172(10) and as
  952  specified in the E911 Board grant and special disbursement
  953  programs. The county is responsible for all expenditures of
  954  revenues distributed from the county E911 fund and shall submit
  955  the financial audit reports to the board for review. A county
  956  may carry forward up to 30 percent of the total funds disbursed
  957  to the county by the board during a county fiscal calendar year
  958  for expenditures for capital outlay, capital improvements, or
  959  equipment replacement, or implementation of a hosted system if
  960  such expenditures are made for the purposes specified in
  961  subparagraphs (a)1. and 2.; however, the 30-percent limitation
  962  does not apply to funds disbursed to a county under s.
  963  365.172(6)(a)3., and a county may carry forward any percentage
  964  of the funds, except that any grant provided shall continue to
  965  be subject to any condition imposed by the board. In order to
  966  prevent an excess recovery of costs incurred in providing E911
  967  service, a county that receives funds greater than the
  968  permissible E911 costs described in s. 365.172(10) s.
  969  365.172(9), including the 30-percent carryforward allowance,
  970  must return the excess funds to the E911 board to be allocated
  971  under s. 365.172(6)(a).
  972         (e)(d)Twenty Thirty percent of the moneys in the wireless
  973  category shall be distributed to wireless providers in response
  974  to sworn invoices submitted to the board by wireless providers
  975  to reimburse such wireless providers for the actual costs
  976  incurred to provide 911 or E911 service, including the costs of
  977  complying with the order. Such costs include costs and expenses
  978  incurred by wireless providers to design, purchase, lease,
  979  program, install, test, upgrade, operate, and maintain all
  980  necessary data, hardware, and software required to provide E911
  981  service. Each wireless provider shall submit to the board, by
  982  August 1 of each year, a detailed estimate of the capital and
  983  operating expenses for which it anticipates that it will seek
  984  reimbursement under this paragraph during the ensuing state
  985  fiscal year. In order to be eligible for recovery during any
  986  ensuing state fiscal year, a wireless provider must submit all
  987  sworn invoices for allowable purchases made within the previous
  988  calendar year no later than March 31 of the fiscal year. By
  989  September 15 of each year, the board shall submit to the
  990  Legislature its legislative budget request for funds to be
  991  allocated to wireless providers under this paragraph during the
  992  ensuing state fiscal year. The budget request shall be based on
  993  the information submitted by the wireless providers and
  994  estimated surcharge revenues. Distributions of moneys in the
  995  fund by the board to wireless providers must be fair and
  996  nondiscriminatory. If the total amount of moneys requested by
  997  wireless providers pursuant to invoices submitted to the board
  998  and approved for payment exceeds the amount in the fund in any
  999  month, wireless providers that have invoices approved for
 1000  payment shall receive a pro rata share of moneys in the fund and
 1001  the balance of the payments shall be carried over to the
 1002  following month or months until all of the approved payments are
 1003  made. The board may adopt rules necessary to address the manner
 1004  in which pro rata distributions are made when the total amount
 1005  of funds requested by wireless providers pursuant to invoices
 1006  submitted to the board exceeds the total amount of moneys on
 1007  deposit in the fund.
 1008         (e) Notwithstanding paragraphs (a) and (d), the amount of
 1009  money that remained in the wireless 911 system fund on December
 1010  31, 2006, must be disbursed to wireless providers for the
 1011  recovery of allowable costs incurred in previous years ending
 1012  December 31, 2006, and in accordance with paragraph (d). In
 1013  order to be eligible for recovered costs incurred under
 1014  paragraph (d), a wireless provider must submit sworn invoices to
 1015  the board by December 31, 2007. The board must disburse the
 1016  designated funds in the wireless 911 system fund on or after
 1017  January 1, 2008.
 1018         (f) One percent of the moneys in each category of the fund
 1019  shall be retained by the board to be applied to costs and
 1020  expenses incurred for the purposes of managing, administering,
 1021  and overseeing the receipts and disbursements from the fund and
 1022  other activities as defined in s. 365.172(6). Any funds retained
 1023  for such purposes in a calendar year which are not applied to
 1024  such costs and expenses by March 31 of the following year shall
 1025  be redistributed as determined by the board.
 1026         (g) Three Two percent of the moneys in each category of the
 1027  fund shall be used to make monthly distributions to rural
 1028  counties for the purpose of providing facilities and network and
 1029  service enhancements and assistance for the 911 or E911 systems
 1030  operated by rural counties and for the provision of grants by
 1031  the office to rural counties for upgrading and replacing E911
 1032  systems.
 1033         (h) Thirty-five percent of the moneys in the prepaid
 1034  wireless category shall be retained by the board to provide
 1035  state E911 grants to be awarded in accordance with the following
 1036  order of priority:
 1037         1. For all large, medium, and rural counties to upgrade or
 1038  replace E911 systems.
 1039         2. For all large, medium, and rural counties to develop and
 1040  maintain statewide 911 routing, geographic, and management
 1041  information systems.
 1042         3. For all large, medium, and rural counties to develop and
 1043  maintain next-generation 911 services and equipment. By
 1044  September 1, 2007, up to $15 million of the existing 911 system
 1045  fund shall be available for distribution by the board to the
 1046  counties in order to prevent a loss in the ordinary and expected
 1047  time value of money caused by any timing delay in remittance to
 1048  the counties of wireline fees caused by the one-time transfer of
 1049  collecting wireline fees by the counties to the board. All
 1050  disbursements for this purpose must be returned to the fund from
 1051  the future remittance by the nonwireless category.
 1052         (i) If the wireless category has funds remaining in it on
 1053  December 31 after disbursements have been made during the
 1054  calendar year immediately prior to December 31, the board may
 1055  disburse the excess funds in the wireless category in accordance
 1056  with s. 365.172(6)(a)3.b.
 1057         (3) The Legislature recognizes that the fee authorized
 1058  under s. 365.172 may not necessarily provide the total funding
 1059  required for establishing or providing the E911 service. It is
 1060  the intent of the Legislature that all revenue from the fee be
 1061  used as specified in this subsection (2).
 1062         Section 3. Paragraph (a) of subsection (2) of section
 1063  401.465, Florida Statutes, is amended to read:
 1064         401.465 911 public safety telecommunicator certification.—
 1066         (a) Effective October 1, 2012, any person employed as a 911
 1067  public safety telecommunicator at a public safety answering
 1068  point, as defined in s. 365.172(3) s. 365.172(3)(a), must be
 1069  certified by the department.
 1070         Section 4. The Division of Law Revision and Information is
 1071  directed to replace the phrase “on the first day of the month
 1072  following 120 days after this act takes effect” or the phrase
 1073  “on the first day of the month following 180 days after this act
 1074  takes effect” wherever it occurs in this act with the respective
 1075  date.
 1076         Section 5. For the 2014-2015 fiscal year, the nonrecurring
 1077  sum of $500,000 is appropriated from the General Revenue Fund to
 1078  the Department of Revenue for the purposes of administering this
 1079  act.
 1080         Section 6. Except as otherwise expressly provided in this
 1081  act, this act shall take effect upon becoming a law.