House Bill 0513e1
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                                           HB 513, First Engrossed
  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 use of moneys in the fund;
  7         requiring providers to submit budgets and
  8         supporting information to the board; requiring
  9         the board to submit a legislative budget
10         request to the Legislature; requiring the
11         Auditor General to annually audit the fund;
12         requiring a report; providing a contingent
13         effective date.
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15  Be It Enacted by the Legislature of the State of Florida:
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17         Section 1.  Section 365.173, Florida Statutes, is
18  created to read:
19         365.173  Wireless Emergency Telephone System Fund.--
20         (1)  All revenues derived from the E911 fee levied on
21  subscribers under s. 365.172 must be paid into the State
22  Treasury on or before the 15th day of each month. Such moneys
23  must be accounted for in a special fund to be designated as
24  the Wireless Emergency Telephone System Fund, a fund created
25  in the Department of Management Services as an insured,
26  interest-bearing account. All moneys in such fund are to be
27  expended by the Department of Management Services for the
28  purposes provided in this section and s. 365.172. These funds
29  are not subject to s. 215.20.
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CODING: Words stricken are deletions; words underlined are additions.
                                           HB 513, First Engrossed
  1         (2)  Subject to any modifications approved by the board
  2  pursuant to s. 365.172(8)(d), the moneys in the fund shall be
  3  distributed and used only as follows:
  4         (a)  Forty-four percent of the moneys shall be held in
  5  escrow in an insured, interest-bearing account and distributed
  6  each month to counties, based on the total number of wireless
  7  subscriber billing addresses in each county, for payment of:
  8         1.  Recurring costs of providing 911 or E911 service,
  9  as provided by s. 365.171(13)(a)6.
10         2.  Costs to comply with the requirements for E911
11  service contained in the order and any future rules related to
12  the order.
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14  A county may carry forward, for up to 3 successive calendar
15  years, up to 30 percent of the total funds disbursed to the
16  county by the board during a calendar year for expenditures
17  for capital outlay, capital improvements, or equipment
18  replacement, if such expenditures are made for the purposes
19  specified in this paragraph.
20         (b)  Fifty-four percent of the moneys shall be held in
21  escrow in an insured, interest-bearing account and distributed
22  in response to sworn invoices submitted to the board by
23  providers to reimburse such providers for the actual costs
24  incurred to provide 911 or E911 service, including the costs
25  of complying with the order. Such costs include costs and
26  expenses incurred by providers to design, purchase, lease,
27  program, install, test, upgrade, operate, and maintain all
28  necessary data, hardware, and software required to provide
29  E911 service. Up to 2 percent of the funds allocated to
30  providers shall be retained by the board to be applied to
31  costs and expenses incurred for the purposes of managing,
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                                           HB 513, First Engrossed
  1  administering, and overseeing the receipts and disbursements
  2  from the fund. Any funds retained for such purposes in a
  3  calendar year which are not applied to such costs and expenses
  4  by March 31 of the following year shall be distributed to
  5  providers pursuant to this paragraph.  Beginning in state
  6  fiscal year 2000-2001, each provider shall submit to the
  7  board, by August 1 of each year, a detailed estimate of the
  8  capital and operating expenses for which it anticipates that
  9  it will seek reimbursement under this paragraph during the
10  ensuing state fiscal year. By September 1 of each year, the
11  board shall submit to the Legislature its legislative budget
12  request for funds to be allocated to providers under this
13  paragraph during the ensuing state fiscal year. The budget
14  request shall be based on the information submitted by the
15  providers and estimated surcharge revenues.
16         1.  Distributions of moneys in the fund by the board to
17  providers must be fair and nondiscriminatory. If the total
18  amount of moneys requested by providers pursuant to invoices
19  submitted to the board and approved for payment exceeds the
20  amount in the fund in any month, providers that have invoices
21  approved for payment shall receive a pro rata share of moneys
22  in the fund and the balance of the payments shall be carried
23  over to the following month or months until all of the
24  approved payments are made. The board may adopt rules
25  necessary to address the manner in which pro rata
26  distributions are made when the total amount of funds
27  requested by providers pursuant to invoices submitted to the
28  board exceeds the total amount of moneys on deposit in the
29  fund.
30         2.  The board may not make any distributions to
31  providers before January 1, 2000.
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                                           HB 513, First Engrossed
  1         (c)  Two percent of the moneys shall be used to make
  2  monthly distributions to rural counties for the purpose of
  3  providing facilities and network and service enhancements and
  4  assistance for the 911 or E911 systems operated by rural
  5  counties and for the provision of reimbursable loans and
  6  grants by the department to rural counties for upgrading 911
  7  systems.
  8         (3)  The Legislature recognizes that the wireless E911
  9  fee authorized under s. 365.172 will not necessarily provide
10  the total funding required for establishing or providing the
11  E911 service. It is the intent of the Legislature that all
12  revenue from the fee be used as specified in s.
13  365.171(13)(a)6.
14         (4)  The Auditor General shall annually audit the fund
15  to ensure that moneys in the fund are being managed in
16  accordance with this section and s. 365.172. The Auditor
17  General shall provide a report of the annual audit to the
18  board.
19         Section 2.  This act shall take effect July 1, 1999, if
20  House Bill 621 or similar legislation, relating to wireless
21  emergency 911 telephone service, is adopted in the same
22  legislative session or an extension thereof.
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