Florida Senate - 2014                              CS for SB 294
       By the Committee on Appropriations; and Senator Hays
       576-04568-14                                           2014294c1
    1                        A bill to be entitled                      
    2         An act relating to emergency communication systems;
    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 imposition of 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         appropriations; providing effective dates.
   49  Be It Enacted by the Legislature of the State of Florida:
   51         Section 1. Subsections (3) through (8) and present
   52  subsection (9) of section 365.172, Florida Statutes, are
   53  amended, present subsections (9) through (14) of that section
   54  are renumbered as subsections (10) through (15), respectively,
   55  and a new subsection (9) is added to that section, to read:
   56         365.172 Emergency communications number E911.—
   57         (3) DEFINITIONS.—Only as used in this section and ss.
   58  365.171, 365.173, and 365.174, the term:
   59         (a) “Answering point” means the public safety agency that
   60  receives incoming 911 calls and dispatches appropriate public
   61  safety agencies to respond to the calls.
   62         (a)(b) “Authorized expenditures” means expenditures of the
   63  fee, as specified in subsection (10) (9).
   64         (b)(c) “Automatic location identification” means the
   65  capability of the E911 service which enables the automatic
   66  display of information that defines the approximate geographic
   67  location of the wireless telephone, or the location of the
   68  address of the wireline telephone, used to place a 911 call.
   69         (c)(d) “Automatic number identification” means the
   70  capability of the E911 service which enables the automatic
   71  display of the service number used to place a 911 call.
   72         (d)(e) “Board” or “E911 Board” means the board of directors
   73  of the E911 Board established in subsection (5).
   74         (e)(f) “Building permit review” means a review for
   75  compliance with building construction standards adopted by the
   76  local government under chapter 553 and does not include a review
   77  for compliance with land development regulations.
   78         (f)(g) “Collocation” means the situation when a second or
   79  subsequent wireless provider uses an existing structure to
   80  locate a second or subsequent antennae. The term includes the
   81  ground, platform, or roof installation of equipment enclosures,
   82  cabinets, or buildings, and cables, brackets, and other
   83  equipment associated with the location and operation of the
   84  antennae.
   85         (g)(h) “Designed service” means the configuration and
   86  manner of deployment of service the wireless provider has
   87  designed for an area as part of its network.
   88         (h)(i)“Enhanced 911” or “E911” means is the designation
   89  for an enhanced 911 system or enhanced 911 service that is an
   90  emergency telephone system or service that provides a subscriber
   91  with 911 service and, in addition, directs 911 calls to
   92  appropriate public safety answering points by selective routing
   93  based on the geographical location from which the call
   94  originated, or as otherwise provided in the state plan under s.
   95  365.171, and that provides for automatic number identification
   96  and automatic location-identification features. E911 service
   97  provided by a wireless provider means E911 as defined in the
   98  order.
   99         (i)(j) “Existing structure” means a structure that exists
  100  at the time an application for permission to place antennae on a
  101  structure is filed with a local government. The term includes
  102  any structure that can structurally support the attachment of
  103  antennae in compliance with applicable codes.
  104         (j)(k) “Fee” means the E911 fee authorized and imposed
  105  under subsections subsection (8) and (9).
  106         (k)(l) “Fund” means the Emergency Communications Number
  107  E911 System Fund established in s. 365.173 and maintained under
  108  this section for the purpose of recovering the costs associated
  109  with providing 911 service or E911 service, including the costs
  110  of implementing the order. The fund shall be segregated into
  111  wireless, prepaid wireless, and nonwireless categories.
  112         (l)(m) “Historic building, structure, site, object, or
  113  district” means any building, structure, site, object, or
  114  district that has been officially designated as a historic
  115  building, historic structure, historic site, historic object, or
  116  historic district through a federal, state, or local designation
  117  program.
  118         (m)(n) “Land development regulations” means any ordinance
  119  enacted by a local government for the regulation of any aspect
  120  of development, including an ordinance governing zoning,
  121  subdivisions, landscaping, tree protection, or signs, the local
  122  government’s comprehensive plan, or any other ordinance
  123  concerning any aspect of the development of land. The term does
  124  not include any building construction standard adopted under and
  125  in compliance with chapter 553.
  126         (n)(o) “Local exchange carrier” means a “competitive local
  127  exchange telecommunications company” or a “local exchange
  128  telecommunications company” as defined in s. 364.02.
  129         (o)(p) “Local government” means any municipality, county,
  130  or political subdivision or agency of a municipality, county, or
  131  political subdivision.
  132         (p)(q) “Medium county” means any county that has a
  133  population of 75,000 or more but less than 750,000.
  134         (q)(r) “Mobile telephone number” or “MTN” means the
  135  telephone number assigned to a wireless telephone at the time of
  136  initial activation.
  137         (r)(s) “Nonwireless category” means the revenues to the
  138  fund received from voice communications services providers other
  139  than wireless providers.
  140         (s)(t) “Office” means the Technology Program within the
  141  Department of Management Services, as designated by the
  142  secretary of the department.
  143         (t)(u) “Order” means:
  144         1. The following orders and rules of the Federal
  145  Communications Commission issued in FCC Docket No. 94-102:
  146         a. Order adopted on June 12, 1996, with an effective date
  147  of October 1, 1996, the amendments to s. 20.03 and the creation
  148  of s. 20.18 of Title 47 of the Code of Federal Regulations
  149  adopted by the Federal Communications Commission pursuant to
  150  such order.
  151         b. Memorandum and Order No. FCC 97-402 adopted on December
  152  23, 1997.
  153         c. Order No. FCC DA 98-2323 adopted on November 13, 1998.
  154         d. Order No. FCC 98-345 adopted December 31, 1998.
  155         2. Orders and rules subsequently adopted by the Federal
  156  Communications Commission relating to the provision of 911
  157  services, including Order Number FCC-05-116, adopted May 19,
  158  2005.
  159         (u) “Prepaid wireless category” means all revenues in the
  160  fund received through the Department of Revenue from the fee
  161  authorized and imposed under subsection (9).
  162         (v) “Prepaid wireless service” means a right to access
  163  wireless service that allows a caller to contact and interact
  164  with 911 to access the 911 system, which service must be paid
  165  for in advance and is sold in predetermined units or dollars,
  166  which units or dollars expire on a predetermined schedule or are
  167  decremented on a predetermined basis in exchange for the right
  168  to access wireless service.
  169         (v) “Prepaid calling arrangements” has the same meaning as
  170  defined in s. 212.05(1)(e).
  171         (w) “Public agency” means the state and any municipality,
  172  county, municipal corporation, or other governmental entity,
  173  public district, or public authority located in whole or in part
  174  within this state which provides, or has authority to provide,
  175  firefighting, law enforcement, ambulance, medical, or other
  176  emergency services.
  177         (x) “Public safety agency” means a functional division of a
  178  public agency which provides firefighting, law enforcement,
  179  medical, or other emergency services.
  180         (y) “Public safety answering point,” “PSAP,” or “answering
  181  point” means the public safety agency that receives incoming 911
  182  requests for assistance and dispatches appropriate public safety
  183  agencies to respond to the requests in accordance with the state
  184  E911 plan.
  185         (z)(y) “Rural county” means any county that has a
  186  population of fewer than 75,000.
  187         (aa)(z) “Service identifier” means the service number,
  188  access line, or other unique subscriber identifier assigned to a
  189  subscriber and established by the Federal Communications
  190  Commission for purposes of routing calls whereby the subscriber
  191  has access to the E911 system.
  192         (bb)(aa) “Tower” means any structure designed primarily to
  193  support a wireless provider’s antennae.
  194         (cc)(bb) “Voice communications services” means two-way
  195  voice service, through the use of any technology, which actually
  196  provides access to E911 services, and includes communications
  197  services, as defined in s. 202.11, which actually provide access
  198  to E911 services and which are required to be included in the
  199  provision of E911 services pursuant to orders and rules adopted
  200  by the Federal Communications Commission. The term includes
  201  voice-over-Internet-protocol service. For the purposes of this
  202  section, the term “voice-over-Internet-protocol service” or
  203  “VoIP service” means interconnected VoIP services having the
  204  following characteristics:
  205         1. The service enables real-time, two-way voice
  206  communications;
  207         2. The service requires a broadband connection from the
  208  user’s locations;
  209         3. The service requires IP-compatible customer premises
  210  equipment; and
  211         4. The service offering allows users generally to receive
  212  calls that originate on the public switched telephone network
  213  and to terminate calls on the public switched telephone network.
  214         (dd)(cc) “Voice communications services provider” or
  215  “provider” means any person or entity providing voice
  216  communications services, except that the term does not include
  217  any person or entity that resells voice communications services
  218  and was assessed the fee authorized and imposed under subsection
  219  (8) by its resale supplier.
  220         (ee)(dd) “Wireless 911 system” or “wireless 911 service”
  221  means an emergency telephone system or service that provides a
  222  subscriber with the ability to reach an answering point by
  223  accessing the digits 911.
  224         (ff)(ee) “Wireless category” means the revenues to the fund
  225  received from a wireless provider from the fee authorized and
  226  imposed under subsection (8).
  227         (gg)(ff) “Wireless communications facility” means any
  228  equipment or facility used to provide service and may include,
  229  but is not limited to, antennae, towers, equipment enclosures,
  230  cabling, antenna brackets, and other such equipment. Placing a
  231  wireless communications facility on an existing structure does
  232  not cause the existing structure to become a wireless
  233  communications facility.
  234         (hh)(gg) “Wireless provider” means a person who provides
  235  wireless service and:
  236         1. Is subject to the requirements of the order; or
  237         2. Elects to provide wireless 911 service or E911 service
  238  in this state.
  239         (ii)(hh) “Wireless service” means “commercial mobile radio
  240  service” as provided under ss. 3(27) and 332(d) of the Federal
  241  Telecommunications Act of 1996, 47 U.S.C. ss. 151 et seq., and
  242  the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103
  243  66, August 10, 1993, 107 Stat. 312. The term includes service
  244  provided by any wireless real-time two-way wire communication
  245  device, including radio-telephone communications used in
  246  cellular telephone service; personal communications service; or
  247  the functional or competitive equivalent of a radio-telephone
  248  communications line used in cellular telephone service, a
  249  personal communications service, or a network radio access line.
  250  The term does not include wireless providers that offer mainly
  251  dispatch service in a more localized, noncellular configuration;
  252  providers offering only data, one-way, or stored-voice services
  253  on an interconnected basis; providers of air-to-ground services;
  254  or public coast stations.
  255         (4) POWERS AND DUTIES OF THE OFFICE.—The office shall
  256  oversee the administration of the fee authorized and imposed on
  257  subscribers of voice communications services under subsections
  258  subsection (8) and (9).
  259         (5) THE E911 BOARD.—
  260         (a) The E911 Board is established to administer, with
  261  oversight by the office, the fee imposed under subsections
  262  subsection (8) and (9), including receiving revenues derived
  263  from the fee; distributing portions of the revenues to wireless
  264  providers, counties, and the office; accounting for receipts,
  265  distributions, and income derived by the funds maintained in the
  266  fund; and providing annual reports to the Governor and the
  267  Legislature for submission by the office on amounts collected
  268  and expended, the purposes for which expenditures have been
  269  made, and the status of E911 service in this state. In order to
  270  advise and assist the office in implementing the purposes of
  271  this section, the board, which has the power of a body
  272  corporate, has the powers enumerated in subsection (6).
  273         (b) The board shall consist of 11 members, one of whom must
  274  be the system director designated under s. 365.171(5), or his or
  275  her designee, who shall serve as the chair of the board. The
  276  remaining 10 members of the board shall be appointed by the
  277  Governor and must be composed of 5 county 911 coordinators,
  278  consisting of a representative from a rural county, a
  279  representative from a medium county, a representative from a
  280  large county, and 2 at-large representatives recommended by the
  281  Florida Association of Counties in consultation with the county
  282  911 coordinators; 3 local exchange carrier member
  283  representatives, one of whom must be a representative of the
  284  local exchange carrier having the greatest number of access
  285  lines in the state and one of whom must be a representative of a
  286  certificated competitive local exchange telecommunications
  287  company; and 2 member representatives from the wireless
  288  telecommunications industry, with consideration given to
  289  wireless providers that are not affiliated with local exchange
  290  carriers. Not more than one member may be appointed to represent
  291  any single provider on the board.
  292         (c) The system director, designated under s. 365.171(5), or
  293  his or her designee, must be a permanent member of the board.
  294  Each of the remaining 10 eight members of the board shall be
  295  appointed to a 4-year term and may not be appointed to more than
  296  two successive terms. However, for the purpose of staggering
  297  terms, two of the original board members shall be appointed to
  298  terms of 4 years, two shall be appointed to terms of 3 years,
  299  and four shall be appointed to terms of 2 years, as designated
  300  by the Governor. A vacancy on the board shall be filled in the
  301  same manner as the original appointment.
  302         (d) The first vacancy in a wireless provider representative
  303  position occurring after July 1, 2007, must be filled by
  304  appointment of a local exchange company representative. Until
  305  the appointment is made, there shall be only one local exchange
  306  company representative serving on the board, notwithstanding any
  307  other provision to the contrary.
  309         (a) The board shall:
  310         1. Administer the E911 fee.
  311         2. Implement, maintain, and oversee the fund.
  312         3. Review and oversee the disbursement of the revenues
  313  deposited into the fund as provided in s. 365.173.
  314         a. The board may establish a schedule for implementing
  315  wireless E911 service by service area, and prioritize
  316  disbursements of revenues from the fund to providers and rural
  317  counties as provided in s. 365.173(2)(e) s. 365.173(2)(d) and
  318  (g) pursuant to the schedule, in order to implement E911
  319  services in the most efficient and cost-effective manner.
  320         b. Revenues in the fund which have not been disbursed
  321  because sworn invoices as required by s. 365.173(2)(e) s.
  322  365.173(2)(d) have not been submitted to the board may be used
  323  by the board as needed to provide grants to counties for the
  324  purpose of upgrading E911 systems. The counties must use the
  325  funds only for capital expenditures or remotely provided hosted
  326  911 answering point call-taking equipment and network services
  327  directly attributable to establishing and provisioning E911
  328  services, which may include next-generation deployment. Prior to
  329  the distribution of grants, the board shall provide 90 days’
  330  written notice to all counties and publish electronically an
  331  approved application process. County grant applications shall be
  332  prioritized based on the availability of funds, current system
  333  life expectancy, system replacement needs, and Phase II
  334  compliance per the Federal Communications Commission. No grants
  335  will be available to any county for next-generation deployment
  336  until all counties are Phase II complete. The board shall take
  337  all actions within its authority to ensure that county
  338  recipients of such grants use these funds only for the purpose
  339  under which they have been provided and may take any actions
  340  within its authority to secure county repayment of grant
  341  revenues upon determination that the funds were not used for the
  342  purpose under which they were provided.
  343         c. When determining the funding provided in a state 911
  344  grant application request, the board shall take into account
  345  information on the amount of carryforward funds retained by the
  346  counties. The information will be based on the amount of county
  347  carryforward funds reported in the financial audit required in
  348  s. 365.173(2)(d). E911 State Grant Program funding requests will
  349  be limited by any county carryforward funds in excess of the
  350  allowable 30 percent amount of fee revenue calculated on a 2
  351  year basis.
  352         d.c. The board shall reimburse all costs of a wireless
  353  provider in accordance with s. 365.173(2)(e) s. 365.173(2)(d)
  354  before taking any action to transfer additional funds.
  355         d. By September 1, 2007, the board shall authorize the
  356  transfer of up to $15 million to the counties from existing
  357  money within the fund established under s. 365.173(1). The money
  358  shall be disbursed equitably to all of the counties using a
  359  timeframe and distribution methodology established by the board
  360  before September 1, 2007, in order to prevent a loss to the
  361  counties in the ordinary and expected time value of money caused
  362  by any timing delay in remittance to the counties of wireline
  363  fees caused by the one-time transfer of collecting wireline fees
  364  by the counties to the board. All disbursements for this purpose
  365  must be returned to the fund from future remittances by the
  366  nonwireless category.
  367         e. After taking the action required in sub-subparagraphs
  368  a.-d., the board may review and, with all members participating
  369  in the vote, adjust the percentage allocations or adjust the
  370  amount of the fee as provided, or both, under paragraph (8)(g)
  371  (8)(h), and, if the board determines that the revenues in the
  372  wireless category exceed the amount needed to reimburse wireless
  373  providers for the cost to implement E911 services, the board may
  374  transfer revenue to the counties from the existing funds within
  375  the wireless category. The board shall disburse the funds
  376  equitably to all counties using a timeframe and distribution
  377  methodology established by the board.
  378         4. Review documentation submitted by wireless providers
  379  which reflects current and projected funds derived from the fee,
  380  and the expenses incurred and expected to be incurred in order
  381  to comply with the E911 service requirements contained in the
  382  order for the purposes of:
  383         a. Ensuring that wireless providers receive fair and
  384  equitable distributions of funds from the fund.
  385         b. Ensuring that wireless providers are not provided
  386  disbursements from the fund which exceed the costs of providing
  387  E911 service, including the costs of complying with the order.
  388         c. Ascertaining the projected costs of compliance with the
  389  requirements of the order and projected collections of the fee.
  390         d. Implementing changes to the allocation percentages or
  391  adjusting the fee under paragraph (8)(h) (8)(i).
  392         5. Meet monthly in the most efficient and cost-effective
  393  manner, including telephonically when practical, for the
  394  business to be conducted, to review and approve or reject, in
  395  whole or in part, applications submitted by wireless providers
  396  for recovery of moneys deposited into the wireless category, and
  397  to authorize the transfer of, and distribute, the fee allocation
  398  to the counties.
  399         6. Hire and retain employees, which may include an
  400  independent executive director who shall possess experience in
  401  the area of telecommunications and emergency 911 issues, for the
  402  purposes of performing the technical and administrative
  403  functions for the board.
  404         7. Make and enter into contracts, pursuant to chapter 287,
  405  and execute other instruments necessary or convenient for the
  406  exercise of the powers and functions of the board.
  407         8. Sue and be sued, and appear and defend in all actions
  408  and proceedings, in its corporate name to the same extent as a
  409  natural person.
  410         9. Adopt, use, and alter a common corporate seal.
  411         10. Elect or appoint the officers and agents that are
  412  required by the affairs of the board.
  413         11. The board may adopt rules under ss. 120.536(1) and
  414  120.54 to implement this section and ss. 365.173 and 365.174.
  415         12. Provide coordination, support, and technical assistance
  416  to counties to promote the deployment of advanced 911 and E911
  417  systems in the state.
  418         13. Provide coordination and support for educational
  419  opportunities related to E911 issues for the E911 community in
  420  this state.
  421         14. Act as an advocate for issues related to E911 system
  422  functions, features, and operations to improve the delivery of
  423  E911 services to the residents of and visitors to this state.
  424         15. Coordinate input from this state at national forums and
  425  associations, to ensure that policies related to E911 systems
  426  and services are consistent with the policies of the E911
  427  community in this state.
  428         16. Work cooperatively with the system director established
  429  in s. 365.171(5) to enhance the state of E911 services in this
  430  state and to provide unified leadership for all E911 issues
  431  through planning and coordination.
  432         17. Do all acts and things necessary or convenient to carry
  433  out the powers granted in this section in a manner that is
  434  competitively and technologically neutral as to all voice
  435  communications services providers, including, but not limited
  436  to, consideration of emerging technology and related cost
  437  savings, while taking into account embedded costs in current
  438  systems.
  439         18. Have the authority to secure the services of an
  440  independent, private attorney via invitation to bid, request for
  441  proposals, invitation to negotiate, or professional contracts
  442  for legal services already established at the Division of
  443  Purchasing of the Department of Management Services.
  444         (b) Board members shall serve without compensation;
  445  however, members are entitled to per diem and travel expenses as
  446  provided in s. 112.061.
  447         (c) By February 28 of each year, the board shall prepare a
  448  report for submission by the office to the Governor, the
  449  President of the Senate, and the Speaker of the House of
  450  Representatives which addresses for the immediately preceding
  451  state fiscal year and county fiscal calendar year:
  452         1. The annual receipts, including the total amount of fee
  453  revenues collected by each provider, the total disbursements of
  454  money in the fund, including the amount of fund-reimbursed
  455  expenses incurred by each wireless provider to comply with the
  456  order, and the amount of moneys on deposit in the fund.
  457         2. Whether the amount of the fee and the allocation
  458  percentages set forth in s. 365.173 have been or should be
  459  adjusted to comply with the requirements of the order or other
  460  provisions of this chapter, and the reasons for making or not
  461  making a recommended adjustment to the fee.
  462         3. Any other issues related to providing E911 services.
  463         4. The status of E911 services in this state.
  465         (a) The board shall issue a request for proposals as
  466  provided in chapter 287 for the purpose of retaining an
  467  independent accounting firm. The independent accounting firm
  468  shall perform all material administrative and accounting tasks
  469  and functions required for administering the fee. The request
  470  for proposals must include, but need not be limited to:
  471         1. A description of the scope and general requirements of
  472  the services requested.
  473         2. A description of the specific accounting and reporting
  474  services required for administering the fund, including
  475  processing checks and distributing funds as directed by the
  476  board under s. 365.173.
  477         3. A description of information to be provided by the
  478  proposer, including the proposer’s background and qualifications
  479  and the proposed cost of the services to be provided.
  480         (b) The board shall establish a committee to review
  481  requests for proposals which must include the statewide E911
  482  system director designated under s. 365.171(5), or his or her
  483  designee, and two members of the board, one of whom is a county
  484  911 coordinator and one of whom represents a voice
  485  communications services provider. The review committee shall
  486  review the proposals received by the board and recommend an
  487  independent accounting firm to the board for final selection. By
  488  agreeing to serve on the review committee, each member of the
  489  review committee shall verify that he or she does not have any
  490  interest or employment, directly or indirectly, with potential
  491  proposers which conflicts in any manner or degree with his or
  492  her performance on the committee.
  493         (c) After July 1, 2004, The board may secure the services
  494  of an independent accounting firm via invitation to bid, request
  495  for proposals, invitation to negotiate, or professional
  496  contracts already established at the Division of Purchasing,
  497  Department of Management Services, for certified public
  498  accounting firms, or the board may hire and retain professional
  499  accounting staff to accomplish these functions.
  500         (8) E911 FEE.—
  501         (a) Each voice communications services provider shall
  502  collect the fee described in this subsection, except that the
  503  fee for prepaid wireless service shall be collected in the
  504  manner set forth in subsection (9). Each provider, as part of
  505  its monthly billing process, shall bill the fee as follows. The
  506  fee shall not be assessed on any pay telephone in the state.
  507         1. Each voice communications service provider other than a
  508  wireless provider shall bill the fee to a subscriber based on
  509  the number of access lines having access to the E911 system, on
  510  a service-identifier basis, up to a maximum of 25 access lines
  511  per account bill rendered.
  512         2. Each voice communications service provider other than a
  513  wireless provider shall bill the fee to a subscriber on a basis
  514  of five service-identified access lines for each digital
  515  transmission link, including primary rate interface service or
  516  equivalent Digital-Signal-1-level service, which can be
  517  channelized and split into 23 or 24 voice-grade or data-grade
  518  channels for communications, up to a maximum of 25 access lines
  519  per account bill rendered.
  520         3. Except in the case of prepaid wireless service, each
  521  wireless provider shall bill the fee to a subscriber on a per
  522  service-identifier basis for service identifiers whose primary
  523  place of use is within this state. Before July 1, 2013, The fee
  524  shall not be assessed on or collected from a provider with
  525  respect to an end user’s service if that end user’s service is a
  526  prepaid wireless service sold before January 1, 2015 calling
  527  arrangement that is subject to s. 212.05(1)(e).
  528         a. An E911 fee shall not be collected from the sale of
  529  prepaid wireless service before July 1, 2013.
  530         b. For purposes of this section, the term:
  531         (I) “Prepaid wireless service” means the right to access
  532  telecommunications services, which must be paid for in advance
  533  and sold in predetermined units or dollars enabling the
  534  originator to make calls such that the number of units or
  535  dollars declines with use in a known amount.
  536         (II) “Prepaid wireless service providers” includes those
  537  persons who sell prepaid wireless service regardless of its
  538  form, as a retailer or reseller.
  539         4. Except in the case of prepaid wireless service, each The
  540  voice communications services provider providers not addressed
  541  under subparagraphs 1., 2., and 3. shall bill the fee on a per
  542  service-identifier basis for service identifiers whose primary
  543  place of use is within the state up to a maximum of 25 service
  544  identifiers for each account bill rendered.
  546  The provider may list the fee as a separate entry on each bill,
  547  in which case the fee must be identified as a fee for E911
  548  services. A provider shall remit the fee to the board only if
  549  the fee is paid by the subscriber. If a provider receives a
  550  partial payment for a monthly bill from a subscriber, the amount
  551  received shall first be applied to the payment due the provider
  552  for providing voice communications service.
  553         (b) A provider is not obligated to take any legal action to
  554  enforce collection of the fees for which any subscriber is
  555  billed. A county subscribing to 911 service remains liable to
  556  the provider delivering the 911 service or equipment for any 911
  557  service, equipment, operation, or maintenance charge owed by the
  558  county to the provider.
  559         (c) For purposes of this subsection section, the state and
  560  local governments are not subscribers.
  561         (d) Each provider may retain 1 percent of the amount of the
  562  fees collected as reimbursement for the administrative costs
  563  incurred by the provider to bill, collect, and remit the fee.
  564  The remainder shall be delivered to the board and deposited by
  565  the board into the fund. The board shall distribute the
  566  remainder pursuant to s. 365.173.
  567         (e) Effective September 1, 2007, Voice communications
  568  services providers billing the fee to subscribers shall deliver
  569  revenues from the fee to the board within 60 days after the end
  570  of the month in which the fee was billed, together with a
  571  monthly report of the number of service identifiers in each
  572  county. Each wireless provider and other applicable provider
  573  identified in subparagraph (a)4. shall report the number of
  574  service identifiers for subscribers whose place of primary use
  575  is in each county. All provider subscriber information provided
  576  to the board is subject to s. 365.174. If a provider chooses to
  577  remit any fee amounts to the board before they are paid by the
  578  subscribers, a provider may apply to the board for a refund of,
  579  or may take a credit for, any such fees remitted to the board
  580  which are not collected by the provider within 6 months
  581  following the month in which the fees are charged off for
  582  federal income tax purposes as bad debt.
  583         (f) The rate of the fee shall be set by the board after
  584  considering the factors set forth in paragraphs (h) and (i), but
  585  may not exceed 50 cents per month for per each service
  586  identifier. Effective January 1, 2015, the fee shall be 40 cents
  587  per month for each service identifier. The fee shall apply
  588  uniformly and be imposed throughout the state, except for those
  589  counties that, before July 1, 2007, had adopted an ordinance or
  590  resolution establishing a fee less than 50 cents per month per
  591  access line. In those counties the fee established by ordinance
  592  may be changed only to the uniform statewide rate no sooner than
  593  30 days after notification is made by the county’s board of
  594  county commissioners to the board.
  595         (g) It is the intent of the Legislature that all revenue
  596  from the fee be used as specified in s. 365.173(2)(a)-(i).
  597         (g)(h) No later than November 1, 2007, The board may adjust
  598  the allocation percentages for distribution of the fund as
  599  provided in s. 365.173. No sooner than June 1, 2015, the board
  600  may adjust the rate of the fee under paragraph (f) based on the
  601  criteria in this paragraph and paragraph (h). Any adjustment in
  602  the rate must be approved by a two-thirds vote of the total
  603  number of E911 board members. When setting the percentages or
  604  and contemplating any adjustments to the fee, the board shall
  605  consider the following:
  606         1. The revenues currently allocated for wireless service
  607  provider costs for implementing E911 service and projected costs
  608  for implementing E911 service, including recurring costs for
  609  Phase I and Phase II and the effect of new technologies;
  610         2. The appropriate level of funding needed to fund the
  611  rural grant program provided for in s. 365.173(2)(g); and
  612         3. The need to fund statewide, regional, and county grants
  613  in accordance with sub-subparagraph (6)(a)3.b. and s.
  614  365.173(2)(h).
  615         (h)(i) The board may adjust the allocation percentages or
  616  adjust the amount of the fee as provided in paragraph (g), or
  617  both, if necessary to ensure full cost recovery or prevent
  618  overrecovery of costs incurred in the provision of E911 service,
  619  including costs incurred or projected to be incurred to comply
  620  with the order. Any new allocation percentages or reduced or
  621  increased fee may not be adjusted for 1 year. In no event shall
  622  the fee may not exceed 50 cents per month for per each service
  623  identifier. The board-established fee, and any board adjustment
  624  of the fee, shall be uniform throughout the state, except for
  625  the counties identified in paragraph (f). No less than 90 days
  626  before the effective date of any adjustment to the fee, the
  627  board shall provide written notice of the adjusted fee amount
  628  and effective date to each voice communications services
  629  provider from which the board is then receiving the fee.
  630         (i) It is the intent of the Legislature that all revenue
  631  from the fee be used as specified in s. 365.173(2)(a)-(i).
  632         (j) State and local taxes do not apply to the fee. The
  633  amount of the E911 fee collected by a provider may not be
  634  included in the base for imposition of any tax, fee, surcharge,
  635  or other charge imposed by this state, any political subdivision
  636  of this state, or any governmental agency.
  637         (k) A local government may not levy the fee or any
  638  additional fee on providers or subscribers for the provision of
  639  E911 service.
  640         (l) For purposes of this section, the definitions contained
  641  in s. 202.11 and the provisions of s. 202.155 apply in the same
  642  manner and to the same extent as the definitions and provisions
  643  apply to the taxes levied under chapter 202 on mobile
  644  communications services.
  645         (9) PREPAID WIRELESS E911 FEE.—
  646         (a) Effective January 1, 2015, a prepaid wireless E911 fee
  647  is imposed per retail transaction at the rate established in
  648  paragraph (8)(f). In order to allow sellers of all sizes and
  649  technological capabilities adequate time to comply with this
  650  subsection, a seller of prepaid wireless service operating in
  651  this state before the prepaid wireless E911 fee is imposed shall
  652  retain 100 percent of the fee collected under this paragraph for
  653  the first 2 months to offset the cost of setup.
  654         (b) Effective March 1, 2015, the prepaid wireless E911 fee
  655  imposed under paragraph (a) shall be subject to remittance in
  656  accordance with paragraph (g). In no event shall the fee exceed
  657  50 cents for each retail transaction. At least 90 days before
  658  the effective date of any adjustment to the fee under paragraph
  659  (8)(g), the Department of Revenue shall provide written notice
  660  of the adjusted fee amount and its effective date to each seller
  661  from which the department is then receiving the fee. At least
  662  120 days before the effective date of any adjustment to the fee
  663  imposed under this subsection, the board shall provide notice to
  664  the Department of Revenue of the adjusted fee amount and
  665  effective date of the adjustment.
  666         (c) The prepaid wireless E911 fee shall be collected by the
  667  seller from the consumer with respect to each retail transaction
  668  occurring in this state. The amount of the prepaid wireless E911
  669  fee shall be separately stated on an invoice, receipt, or other
  670  similar document that is provided to the consumer by the seller
  671  or otherwise disclosed to the consumer.
  672         (d) For purposes of paragraph (c), a retail transaction
  673  that takes place in person by a consumer at a business location
  674  of the seller shall be treated as occurring in this state if
  675  that business location is in this state. Such transaction is
  676  deemed to have occurred in the county of the business location.
  677  When a retail transaction does not take place at the seller’s
  678  business location, the transaction shall be treated as taking
  679  place at the consumer’s shipping address or, if no item is
  680  shipped, at the consumer’s address or the location associated
  681  with the consumer’s mobile telephone number. Such transaction is
  682  deemed to have occurred in the county of the consumer’s shipping
  683  address when items are shipped to the consumer or, when no items
  684  are shipped, the county of the consumer’s address or the
  685  location associated with the consumer’s mobile telephone number.
  686  A transaction for which the specific Florida county cannot be
  687  determined shall be treated as nonspecific.
  688         (e) If a prepaid wireless device is sold for a single,
  689  nonitemized price with a prepaid wireless service of 10 minutes
  690  or less or $5 or less, the seller may elect not to apply the
  691  prepaid wireless E911 fee to the transaction.
  692         (f) The amount of the prepaid wireless E911 fee that is
  693  collected by a seller from a consumer and that is separately
  694  stated on an invoice, receipt, or similar document provided to
  695  the consumer by the seller, may not be included in the base for
  696  imposition of any tax, fee, surcharge, or other charge that is
  697  imposed by this state, any political subdivision of this state,
  698  or any intergovernmental agency.
  699         (g) Beginning April 1, 2015, each seller shall file a
  700  return and remit the prepaid wireless E911 fees collected in the
  701  previous month to the Department of Revenue on or before the
  702  20th day of the month. If the 20th day falls on a Saturday,
  703  Sunday, or legal holiday, payments accompanied by returns are
  704  due on the next succeeding day that is not a Saturday, Sunday,
  705  or legal holiday observed by federal or state agencies as
  706  defined in chapter 683 and s. 7503 of the Internal Revenue Code
  707  of 1986, as amended. A seller may remit the prepaid wireless
  708  E911 fee by electronic funds transfer and file a fee return with
  709  the Department of Revenue that is initiated through an
  710  electronic data interchange.
  711         1. When a seller is authorized by the Department of Revenue
  712  pursuant to s. 212.11(1)(c) or (d) to file a sales and use tax
  713  return on a quarterly, semiannual, or annual reporting basis,
  714  the seller may file a return and remit the prepaid wireless E911
  715  fees on or before the 20th day of the month following the
  716  authorized reporting period for sales and use tax.
  717         2. A seller collecting less than $50 per month of prepaid
  718  wireless E911 fees may file a quarterly return for the calendar
  719  quarters ending in March, June, September, and December. The
  720  seller must file a return and remit the prepaid wireless E911
  721  fees collected during each calendar quarter on or before the
  722  20th day of the month following that calendar quarter.
  723         3. A seller must provide the following information on each
  724  prepaid wireless E911 fee return filed with the Department of
  725  Revenue:
  726         a. The seller’s name, federal identification number,
  727  taxpayer identification number issued by the Department of
  728  Revenue, business location address and mailing address, and
  729  county of the business location in accordance with paragraph
  730  (d);
  731         b. The reporting period;
  732         c. The number of prepaid wireless services sold during the
  733  reporting period;
  734         d. The amount of prepaid wireless E911 fees collected and
  735  the amount of any adjustments to the fees collected;
  736         e. The amount of any retailer collection allowance deducted
  737  from the amount of prepaid wireless E911 fees collected; and
  738         f. The amount to be remitted to the Department of Revenue.
  739         4. A seller who operates two or more business locations for
  740  which returns are required to be filed with the Department of
  741  Revenue may file a consolidated return reporting and remitting
  742  the prepaid wireless E911 fee for all business locations. Such
  743  sellers must report the prepaid wireless E911 fees collected in
  744  each county, in accordance with paragraph (d), on a reporting
  745  schedule filed with the fee return.
  746         5. A return is not required for a reporting period when no
  747  prepaid wireless E911 fee is to be remitted for that period.
  748         6. The Department of Revenue shall administer, collect, and
  749  enforce the fee under this subsection pursuant to the same
  750  procedures used in the administration, collection, and
  751  enforcement of the general state sales tax imposed under chapter
  752  212, except as provided in this section. The provisions of
  753  chapter 212, regarding authority to audit and make assessments,
  754  keeping of books and records, and interest and penalties on
  755  delinquent fees shall apply. The provision of estimated tax
  756  liability in s. 212.11(1)(a) shall not apply to the prepaid
  757  wireless E911 fee.
  758         (h) A seller of prepaid wireless services in this state
  759  must register with the Department of Revenue for each place of
  760  business as required by s. 212.18(3) and the Department of
  761  Revenue’s administrative rule regarding registration as a sales
  762  and use tax dealer. A separate application is required for each
  763  place of business. A valid certificate of registration issued by
  764  the Department of Revenue to a seller for sales and use tax
  765  purposes is sufficient for purposes of the registration
  766  requirement of this subsection. There is no fee for registration
  767  for remittance of the prepaid wireless E911 fee.
  768         (i) The Department of Revenue shall deposit the funds
  769  remitted under this subsection into the Audit and Warrant
  770  Clearing Trust Fund established in s. 215.199 and retain up to
  771  3.2 percent of the funds remitted under this subsection to
  772  reimburse its direct costs of administering the collection and
  773  remittance of prepaid wireless E911 fees. Thereafter, the
  774  Department of Revenue shall transfer all remaining funds
  775  remitted under this subsection to the Emergency Communications
  776  Number E911 System Fund monthly for use as provided in s.
  777  365.173.
  778         (j) Beginning March 1, 2015, a seller may retain 5 percent
  779  of the prepaid wireless E911 fees that are collected by the
  780  seller from consumers as a retailer collection allowance.
  781         (k) A provider or seller of prepaid wireless service is not
  782  liable for damages to any person resulting from or incurred in
  783  connection with providing or failing to provide 911 or E911
  784  service or for identifying or failing to identify the telephone
  785  number, address, location, or name associated with any person or
  786  device that is accessing or attempting to access 911 or E911
  787  service.
  788         (l) A provider or seller of prepaid wireless service is not
  789  liable for damages to any person resulting from or incurred in
  790  connection with providing any lawful assistance to any
  791  investigative or law enforcement officer of the United States,
  792  any state, or any political subdivision of any state in
  793  connection with any lawful investigation or other law
  794  enforcement activity by such law enforcement officer.
  795         (m) The limitations of liability under this subsection for
  796  providers and sellers are in addition to any other limitation of
  797  liability provided for under this section.
  798         (n) A local government may not levy the fee or any
  799  additional fee on providers or sellers of prepaid wireless
  800  service for the provision of E911 service.
  801         (o) For purposes of this section, the state and local
  802  governments are not consumers.
  803         (p) For purposes of this subsection, the term:
  804         1. “Consumer” means a person who purchases prepaid wireless
  805  service in a retail sale.
  806         2. “Prepaid wireless E911 fee” means the fee that is
  807  required to be collected by a seller from a consumer as provided
  808  in this subsection.
  809         3. “Provider” means a person that provides prepaid wireless
  810  service pursuant to a license issued by the Federal
  811  Communications Commission.
  812         4. “Retail transaction” means the purchase by a consumer
  813  from a seller of prepaid wireless service that may be applied to
  814  a single service identifier for use by the consumer. If a
  815  consumer makes a purchase of multiple prepaid wireless services
  816  in a single transaction, each individual prepaid wireless
  817  service shall be considered a separate retail transaction for
  818  purposes of calculating the prepaid wireless E911 fee.
  819         5. “Seller” means a person who makes retail sales of
  820  prepaid wireless services to a consumer.
  821         (10)(9) AUTHORIZED EXPENDITURES OF E911 FEE.—
  822         (a) For purposes of this section, E911 service includes the
  823  functions of database management, call taking, dispatching,
  824  location verification, and call transfer. Department of Health
  825  certification and recertification and training costs for 911
  826  public safety telecommunications, including dispatching, are
  827  functions of 911 services.
  828         (b) All costs directly attributable to the establishment or
  829  provision of E911 service and contracting for E911 services are
  830  eligible for expenditure of moneys derived from imposition of
  831  the fee authorized by subsections (8) and (9) this section.
  832  These costs include the acquisition, implementation, and
  833  maintenance of Public Safety Answering Point (PSAP) equipment
  834  and E911 service features, as defined in the providers’
  835  published schedules Public Service Commission’s lawfully
  836  approved 911 and E911 and related tariffs or the acquisition,
  837  installation, and maintenance of other E911 equipment,
  838  including: circuits; call answering equipment;, call transfer
  839  equipment;, ANI or ALI controllers;, ALI controllers, ANI or ALI
  840  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 March 1, 2015, section 365.173,
  883  Florida Statutes, is amended to read:
  884         365.173 Emergency Communications Number E911 System Fund.—
  885         (1) REVENUES.—
  886         (a)All Revenues derived from the fee levied on subscribers
  887  under s. 365.172(8) must be paid by the board into the State
  888  Treasury on or before the 15th day of each month. Such moneys
  889  must be accounted for in a special fund to be designated as the
  890  Emergency Communications Number E911 System Fund, a fund created
  891  in the Technology Program, or other office as designated by the
  892  Secretary of Management Services.,
  893         (b) Revenues derived from the fee levied on prepaid
  894  wireless service under s. 365.172(9), less the costs of
  895  administering collection of the fee, must be transferred by the
  896  Department of Revenue to the Emergency Communications Number
  897  E911 System Fund on or before the 25th day of each month
  898  following the month of receipt. and,
  899         (c) For accounting purposes, the Emergency Communications
  900  Number E911 System Fund must be segregated into three two
  901  separate categories:
  902         1.(a) The wireless category; and
  903         2.(b) The nonwireless category; and
  904         3. The prepaid wireless category.
  905         (d) All moneys must be invested by the Chief Financial
  906  Officer pursuant to s. 17.61. All moneys in such fund are to be
  907  expended by the office for the purposes provided in this section
  908  and s. 365.172. These funds are not subject to s. 215.20.
  909         (2) DISTRIBUTION AND USE OF FUNDS.—As determined by the
  910  board pursuant to s. 365.172(8)(g) s. 365.172(8)(h), and subject
  911  to any modifications approved by the board pursuant to s.
  912  365.172(6)(a)3. or (8)(h) (8)(i), the moneys in the fund shall
  913  be distributed and used only as follows:
  914         (a) Seventy-six Sixty-seven percent of the moneys in the
  915  wireless category shall be distributed each month to counties,
  916  based on the total number of service identifiers in each county,
  917  and shall be used exclusively for payment of:
  918         1. Authorized expenditures, as specified in s. 365.172(10)
  919  s. 365.172(9).
  920         2. Costs to comply with the requirements for E911 service
  921  contained in the order and any future rules related to the
  922  order.
  923         (b) Ninety-six Ninety-seven percent of the moneys in the
  924  nonwireless category shall be distributed each month to counties
  925  based on the total number of service identifiers in each county
  926  and shall be used exclusively for payment of authorized
  927  expenditures, as specified in s. 365.172(10) s. 365.172(9).
  928         (c) Sixty-one percent of the moneys in the prepaid wireless
  929  category shall be distributed each month to counties based on
  930  the total amount of fees reported and paid in each county and
  931  shall be used exclusively for payment of authorized
  932  expenditures, as specified in s. 365.172(10). The moneys from
  933  prepaid wireless E911 fees identified as nonspecific in
  934  accordance with s. 365.172(9) shall be distributed as determined
  935  by the E911 Board.
  936         (d)(c) Any county that receives funds under paragraphs (a),
  937  and (b), and (c) shall establish a fund to be used exclusively
  938  for the receipt and expenditure of the revenues collected under
  939  paragraphs (a), and (b), and (c). All fees placed in the fund
  940  and any interest accrued shall be used solely for costs
  941  described in subparagraphs (a)1. and 2. and may not be reduced,
  942  withheld, or allocated for other purposes. The money collected
  943  and interest earned in this fund shall be appropriated for these
  944  purposes by the county commissioners and incorporated into the
  945  annual county budget. The fund shall be included within the
  946  financial audit performed in accordance with s. 218.39. The
  947  financial audit shall assure that all E911 fee revenues,
  948  interest, and E911 grant funding are used for payment of
  949  authorized expenditures, as specified in s. 365.172(10) and as
  950  specified in the E911 Board grant and special disbursement
  951  programs. The county is responsible for all expenditures of
  952  revenues distributed from the county E911 fund and shall submit
  953  the financial audit reports to the board for review. A county
  954  may carry forward up to 30 percent of the total funds disbursed
  955  to the county by the board during a county fiscal calendar year
  956  for expenditures for capital outlay, capital improvements, or
  957  equipment replacement, or implementation of a hosted system if
  958  such expenditures are made for the purposes specified in
  959  subparagraphs (a)1. and 2.; however, the 30-percent limitation
  960  does not apply to funds disbursed to a county under s.
  961  365.172(6)(a)3., and a county may carry forward any percentage
  962  of the funds, except that any grant provided shall continue to
  963  be subject to any condition imposed by the board. In order to
  964  prevent an excess recovery of costs incurred in providing E911
  965  service, a county that receives funds greater than the
  966  permissible E911 costs described in s. 365.172(10) s.
  967  365.172(9), including the 30-percent carryforward allowance,
  968  must return the excess funds to the E911 board to be allocated
  969  under s. 365.172(6)(a).
  970         (e)(d)Twenty Thirty percent of the moneys in the wireless
  971  category shall be distributed to wireless providers in response
  972  to sworn invoices submitted to the board by wireless providers
  973  to reimburse such wireless providers for the actual costs
  974  incurred to provide 911 or E911 service, including the costs of
  975  complying with the order. Such costs include costs and expenses
  976  incurred by wireless providers to design, purchase, lease,
  977  program, install, test, upgrade, operate, and maintain all
  978  necessary data, hardware, and software required to provide E911
  979  service. Each wireless provider shall submit to the board, by
  980  August 1 of each year, a detailed estimate of the capital and
  981  operating expenses for which it anticipates that it will seek
  982  reimbursement under this paragraph during the ensuing state
  983  fiscal year. In order to be eligible for recovery during any
  984  ensuing state fiscal year, a wireless provider must submit all
  985  sworn invoices for allowable purchases made within the previous
  986  calendar year no later than March 31 of the fiscal year. By
  987  September 15 of each year, the board shall submit to the
  988  Legislature its legislative budget request for funds to be
  989  allocated to wireless providers under this paragraph during the
  990  ensuing state fiscal year. The budget request shall be based on
  991  the information submitted by the wireless providers and
  992  estimated surcharge revenues. Distributions of moneys in the
  993  fund by the board to wireless providers must be fair and
  994  nondiscriminatory. If the total amount of moneys requested by
  995  wireless providers pursuant to invoices submitted to the board
  996  and approved for payment exceeds the amount in the fund in any
  997  month, wireless providers that have invoices approved for
  998  payment shall receive a pro rata share of moneys in the fund and
  999  the balance of the payments shall be carried over to the
 1000  following month or months until all of the approved payments are
 1001  made. The board may adopt rules necessary to address the manner
 1002  in which pro rata distributions are made when the total amount
 1003  of funds requested by wireless providers pursuant to invoices
 1004  submitted to the board exceeds the total amount of moneys on
 1005  deposit in the fund.
 1006         (e) Notwithstanding paragraphs (a) and (d), the amount of
 1007  money that remained in the wireless 911 system fund on December
 1008  31, 2006, must be disbursed to wireless providers for the
 1009  recovery of allowable costs incurred in previous years ending
 1010  December 31, 2006, and in accordance with paragraph (d). In
 1011  order to be eligible for recovered costs incurred under
 1012  paragraph (d), a wireless provider must submit sworn invoices to
 1013  the board by December 31, 2007. The board must disburse the
 1014  designated funds in the wireless 911 system fund on or after
 1015  January 1, 2008.
 1016         (f) One percent of the moneys in each category of the fund
 1017  shall be retained by the board to be applied to costs and
 1018  expenses incurred for the purposes of managing, administering,
 1019  and overseeing the receipts and disbursements from the fund and
 1020  other activities as defined in s. 365.172(6). Any funds retained
 1021  for such purposes in a calendar year which are not applied to
 1022  such costs and expenses by March 31 of the following year shall
 1023  be redistributed as determined by the board.
 1024         (g) Three Two percent of the moneys in each category of the
 1025  fund shall be used to make monthly distributions to rural
 1026  counties for the purpose of providing facilities and network and
 1027  service enhancements and assistance for the 911 or E911 systems
 1028  operated by rural counties and for the provision of grants by
 1029  the office to rural counties for upgrading and replacing E911
 1030  systems.
 1031         (h) Thirty-five percent of the moneys in the prepaid
 1032  wireless category shall be retained by the board to provide
 1033  state E911 grants to be awarded in accordance with the following
 1034  order of priority:
 1035         1. For all large, medium, and rural counties to upgrade or
 1036  replace E911 systems.
 1037         2. For all large, medium, and rural counties to develop and
 1038  maintain statewide 911 routing, geographic, and management
 1039  information systems.
 1040         3. For all large, medium, and rural counties to develop and
 1041  maintain next-generation 911 services and equipment By September
 1042  1, 2007, up to $15 million of the existing 911 system fund shall
 1043  be available for distribution by the board to the counties in
 1044  order to prevent a loss in the ordinary and expected time value
 1045  of money caused by any timing delay in remittance to the
 1046  counties of wireline fees caused by the one-time transfer of
 1047  collecting wireline fees by the counties to the board. All
 1048  disbursements for this purpose must be returned to the fund from
 1049  the future remittance by the nonwireless category.
 1050         (i) If the wireless category has funds remaining in it on
 1051  December 31 after disbursements have been made during the
 1052  calendar year immediately prior to December 31, the board may
 1053  disburse the excess funds in the wireless category in accordance
 1054  with s. 365.172(6)(a)3.b.
 1055         (3) The Legislature recognizes that the fee authorized
 1056  under s. 365.172 may not necessarily provide the total funding
 1057  required for establishing or providing the E911 service. It is
 1058  the intent of the Legislature that all revenue from the fee be
 1059  used as specified in this subsection (2).
 1060         Section 3. Paragraph (a) of subsection (2) of section
 1061  401.465, Florida Statutes, is amended to read:
 1062         401.465 911 public safety telecommunicator certification.—
 1064         (a) Effective October 1, 2012, any person employed as a 911
 1065  public safety telecommunicator at a public safety answering
 1066  point, as defined in s. 365.172(3) s. 365.172(3)(a), must be
 1067  certified by the department.
 1068         Section 4. For the 2014-2015 fiscal year, the nonrecurring
 1069  sum of $250,000 is appropriated from the General Revenue Fund,
 1070  and the recurring sum of $190,713 is appropriated from the
 1071  Operating Trust Fund, to the Department of Revenue for the
 1072  purpose of administering this act.
 1073         Section 5. Except as otherwise expressly provided in this
 1074  act, this act shall take effect July, 1, 2014.