Bill Text: FL S0294 | 2014 | Regular Session | Comm Sub
Bill Title: Emergency Communication Systems
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-04-25 - Laid on Table, companion bill(s) passed, see CS/CS/HB 175 (Ch. 2014-196), CS/HB 177 (Ch. 2014-197) [S0294 Detail]
Download: Florida-2014-S0294-Comm_Sub.html
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.
48
49 Be It Enacted by the Legislature of the State of Florida:
50
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.
308 (6) AUTHORITY OF THE BOARD; ANNUAL REPORT.—
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.
464 (7) REQUEST FOR PROPOSALS FOR INDEPENDENT ACCOUNTING FIRM.—
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.
545
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.—
1063 (2) PERSONNEL; STANDARDS AND 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.
