Senate Bill 0182
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                   SB 182
    By the Committee on Comprehensive Planning, Local and Military
    Affairs
    316-85C-99
  1                      A bill to be entitled
  2         An act relating to trust funds; creating s.
  3         365.173, F.S.; creating the Wireless Emergency
  4         Telephone System Fund within the Department of
  5         Management Services; providing criteria for the
  6         fund; providing for distribution and use of
  7         moneys in the fund; requiring the Auditor
  8         General to annually audit the fund; requiring a
  9         report; providing a contingent effective date.
10
11  Be It Enacted by the Legislature of the State of Florida:
12
13         Section 1.  Section 365.173, Florida Statutes, is
14  created to read:
15         365.173  Wireless Emergency Telephone System Fund.--
16         (1)  All revenues derived from the E911 fee levied on
17  subscribers under s. 365.172 must be paid into the State
18  Treasury on or before the 15th day of each month. Such moneys
19  must be accounted for in a special fund to be designated as
20  the Wireless Emergency Telephone System Fund, a fund created
21  in the Department of Management Services as an insured,
22  interest-bearing account. All moneys in such fund are
23  appropriated to the Department of Management Services for the
24  purposes provided in this section and s. 365.172. These funds
25  are not subject to s. 215.20.
26         (2)  Subject to any modifications approved by the board
27  pursuant to s. 365.172(8)(c), the moneys in the fund shall be
28  distributed and used only as follows:
29         (a)  Forty-four percent of the moneys shall be held in
30  escrow in an insured, interest-bearing account and distributed
31
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    Florida Senate - 1999                                   SB 182
    316-85C-99
  1  each month to counties, based on the total number of wireless
  2  subscriber billing addresses in each county, for payment of:
  3         1.  Recurring costs of providing 911 or E911 service,
  4  as provided by s. 365.171(13)(a)6.
  5         2.  Costs to comply with the requirements for E911
  6  service contained in the order and any future rules related to
  7  the order.
  8
  9  A county may carry forward, for up to 3 successive calendar
10  years, up to 30 percent of the total funds disbursed to the
11  county by the board during a calendar year for expenditures
12  for capital outlay, capital improvements, or equipment
13  replacement, if such expenditures are made for the purposes
14  specified in this paragraph.
15         (b)  Fifty-four percent of the moneys shall be held in
16  escrow in an insured, interest-bearing account and distributed
17  in response to sworn invoices submitted to the board by
18  providers to reimburse such providers for the actual costs
19  incurred to provide 911 or E911 service, including the costs
20  of complying with the order. Such costs include costs and
21  expenses incurred by providers to design, purchase, lease,
22  program, install, test, upgrade, operate, and maintain all
23  necessary data, hardware, and software required to provide
24  E911 service. Up to 2 percent of the funds allocated to
25  providers shall be retained by the board to be applied to
26  costs and expenses incurred for the purposes of managing,
27  administering, and overseeing the receipts and disbursements
28  from the fund. Any funds retained for such purposes in a
29  calendar year which are not applied to such costs and expenses
30  by March 31 of the following year shall be distributed to
31  providers pursuant to this paragraph.
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    Florida Senate - 1999                                   SB 182
    316-85C-99
  1         1.  Distributions of moneys in the fund by the board to
  2  providers must be fair and nondiscriminatory. If the total
  3  amount of moneys requested by providers pursuant to invoices
  4  submitted to the board and approved for payment exceeds the
  5  amount in the fund in any month, providers that have invoices
  6  approved for payment shall receive a pro rata share of moneys
  7  in the fund and the balance of the payments shall be carried
  8  over to the following month or months until all of the
  9  approved payments are made. The board may adopt rules
10  necessary to address the manner in which pro rata
11  distributions are made when the total amount of funds
12  requested by providers pursuant to invoices submitted to the
13  board exceeds the total amount of moneys on deposit in the
14  fund.
15         2.  The board may not make any distributions to
16  providers before January 1, 2000.
17         (c)  Two percent of the moneys shall be used to make
18  monthly distributions to rural counties for the purpose of
19  providing facilities and network and service enhancements and
20  assistance for the 911 or E911 systems operated by rural
21  counties and for the provision of reimbursable loans and
22  grants by the department to rural counties for upgrading 911
23  systems.
24
25  The Legislature recognizes that the wireless E911 fee
26  authorized under s. 365.172 will not necessarily provide the
27  total funding required for establishing or providing the 911
28  service. It is the intent of the Legislature that all revenue
29  from the fee be used as specified in s. 365.171(13)(a)6.
30         (3)  The Auditor General shall annually audit the fund
31  to ensure that moneys in the fund are being managed in
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    Florida Senate - 1999                                   SB 182
    316-85C-99
  1  accordance with this section and s. 365.172. The Auditor
  2  General shall provide a report of the annual audit to the
  3  board.
  4         Section 2.  This act shall take effect on the effective
  5  date of Senate Bill     , relating to wireless emergency 911
  6  telephone service, but it shall not take effect unless it is
  7  enacted by at least a three-fifths vote of the membership of
  8  each house of the Legislature.
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11                          SENATE SUMMARY
12    Creates the Wireless Emergency Telephone System Fund
      within the Department of Management Services for the
13    deposit of fees levied on subscribers of wireless
      telephone service. Provides for distributing moneys in
14    the fund to reimburse counties and providers for the
      costs of providing 911 and E911 services. Requires that
15    the Auditor General audit the fund each year.
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