House Bill hb1263

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    Florida House of Representatives - 2002                HB 1263

        By Representative Bean






  1                      A bill to be entitled

  2         An act relating to emergency telephone service;

  3         amending s. 365.171, F.S.; providing for the

  4         distribution of a fee collected by the

  5         telephone company; amending s. 365.172, F.S.;

  6         defining "statewide programs"; revising

  7         functions of the Wireless 911 Board; revising

  8         provisions for accounting services; revising

  9         requirements for imposition of E911 fee;

10         providing application of the federal Mobile

11         Telecommunications Sourcing Act to provide for

12         administration of the fee and to incorporate

13         definitions of terms; revising purpose of the

14         fee; revising provider responsibilities

15         regarding the fees; amending s. 365.173, F.S.,

16         relating to the Wireless Emergency Telephone

17         System Fund; revising distribution of funds;

18         providing for distribution to the statewide 911

19         system director and statewide programs;

20         deleting provisions relating to distribution to

21         rural counties; providing an effective date.

22

23  Be It Enacted by the Legislature of the State of Florida:

24

25         Section 1.  Paragraphs (a) and (c) of subsection (13)

26  of section 365.171, Florida Statutes, are amended to read:

27         365.171  Emergency telephone number "911."--

28         (13)  "911" FEE.--

29         (a)  Following approval by referendum as set forth in

30  paragraph (b), or following approval by a majority vote of its

31  board of county commissioners, a county may impose a "911" fee

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  1  to be paid by the local exchange subscribers within its

  2  boundaries served by the "911" service. Proceeds from the

  3  "911" fee shall be used only for "911" expenditures as set

  4  forth in subparagraph 6. The manner of imposing and collecting

  5  said payment shall be as follows:

  6         1.  At the request of the county subscribing to "911"

  7  service, the telephone company shall, insofar as is

  8  practicable, bill the "911" fee to the local exchange

  9  subscribers served by the "911" service, on an individual

10  access line basis, at a rate not to exceed 50 cents per month

11  per line (up to a maximum of 25 access lines per account bill

12  rendered). However, the fee may not be assessed on any pay

13  telephone in this state. A county collecting the fee for the

14  first time may collect the fee for no longer than 36 months

15  without initiating the acquisition of its "911" equipment.

16         2.  Fees collected by the telephone company pursuant to

17  subparagraph 1. shall be returned to the county, less the

18  costs of administration retained by the company and the

19  required distribution to the State Technology Office pursuant

20  to paragraph (c). The county shall provide a minimum of 90

21  days' written notice to the telephone company prior to the

22  collection of any "911" fees.

23         3.  Any county that currently has an operational "911"

24  system or that is actively pursuing the implementation of a

25  "911" system shall establish a fund to be used exclusively for

26  receipt and expenditure of "911" fee revenues collected

27  pursuant to this section. All fees placed in said fund, and

28  any interest accrued thereupon, shall be used solely for "911"

29  costs described in subparagraph 6. The money collected and

30  interest earned in this fund shall be appropriated for "911"

31  purposes by the county commissioners and incorporated into the

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  1  annual county budget. Such fund shall be included within the

  2  financial audit performed in accordance with s. 218.39. A

  3  report of the audit shall be forwarded to the office within 60

  4  days of its completion. A county may carry forward on an

  5  annual basis unspent moneys in the fund for expenditures

  6  allowed by this section, or it may reduce its fee. However, in

  7  no event shall a county carry forward more than 10 percent of

  8  the "911" fee billed for the prior year. The amount of moneys

  9  carried forward each year may be accumulated in order to allow

10  for capital improvements described in this subsection. The

11  carryover shall be documented by resolution of the board of

12  county commissioners expressing the purpose of the carryover

13  or by an adopted capital improvement program identifying

14  projected expansion or replacement expenditures for "911"

15  equipment and service features, or both. In no event shall the

16  "911" fee carryover surplus moneys be used for any purpose

17  other than for the "911" equipment, service features, and

18  installation charges authorized in subparagraph 6. Nothing in

19  this section shall prohibit a county from using other sources

20  of revenue for improvements, replacements, or expansions of

21  its "911" system. A county may increase its fee for purposes

22  authorized in this section. However, in no case shall the fee

23  exceed 50 cents per month per line. All current "911" fees

24  shall be reported to the office within 30 days of the start of

25  each county's fiscal period. Any fee adjustment made by a

26  county shall be reported to the office. A county shall give

27  the telephone company a 90-day written notice of such fee

28  adjustment.

29         4.  The telephone company shall have no obligation to

30  take any legal action to enforce collection of the "911" fee.

31  The telephone company shall provide quarterly to the county a

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  1  list of the names, addresses, and telephone numbers of any and

  2  all subscribers who have identified to the telephone company

  3  their refusal to pay the "911" fee.

  4         5.  The county subscribing to "911" service shall

  5  remain liable to the telephone company for any "911" service,

  6  equipment, operation, or maintenance charge owed by the county

  7  to the telephone company.

  8

  9  As used in this paragraph, "telephone company" means an

10  exchange telephone service provider of "911" service or

11  equipment to any county within its certificated area.

12         6.  It is the intent of the Legislature that the "911"

13  fee authorized by this section to be imposed by counties will

14  not necessarily provide the total funding required for

15  establishing or providing the "911" service. For purposes of

16  this section, "911" service includes the functions of database

17  management, call taking, location verification, and call

18  transfer. The following costs directly attributable to the

19  establishment and/or provision of "911" service are eligible

20  for expenditure of moneys derived from imposition of the "911"

21  fee authorized by this section: the acquisition,

22  implementation, and maintenance of Public Safety Answering

23  Point (PSAP) equipment and "911" service features, as defined

24  in the Florida Public Service Commission's lawfully approved

25  "911" and related tariffs and/or the acquisition,

26  installation, and maintenance of other "911" equipment,

27  including call answering equipment, call transfer equipment,

28  ANI controllers, ALI controllers, ANI displays, ALI displays,

29  station instruments, "911" telecommunications systems,

30  teleprinters, logging recorders, instant playback recorders,

31  telephone devices for the deaf (TDD) used in the "911" system,

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  1  PSAP backup power systems, consoles, automatic call

  2  distributors, and interfaces (hardware and software) for

  3  computer-aided dispatch (CAD) systems; salary and associated

  4  expenses for "911" call takers for that portion of their time

  5  spent taking and transferring "911" calls; salary and

  6  associated expenses for a county to employ a full-time

  7  equivalent "911" coordinator position and a full-time

  8  equivalent staff assistant position per county for the portion

  9  of their time spent administrating the "911" system; training

10  costs for PSAP call takers in the proper methods and

11  techniques used in taking and transferring "911" calls;

12  expenses required to develop and maintain all information (ALI

13  and ANI databases and other information source repositories)

14  necessary to properly inform call takers as to location

15  address, type of emergency, and other information directly

16  relevant to the "911" call-taking and transferring function;

17  and, in a county defined in s. 125.011(1), such expenses

18  related to a nonemergency "311" system, or similar

19  nonemergency system, which improves the overall efficiency of

20  an existing "911" system or reduces "911" emergency response

21  time for a 2-year pilot project that ends June 30, 2003.

22  However, no wireless telephone service provider shall be

23  required to participate in this pilot project or to otherwise

24  implement a nonemergency "311" system or similar nonemergency

25  system. The "911" fee revenues shall not be used to pay for

26  any item not listed, including, but not limited to, any

27  capital or operational costs for emergency responses which

28  occur after the call transfer to the responding public safety

29  entity and the costs for constructing buildings, leasing

30  buildings, maintaining buildings, or renovating buildings,

31  except for those building modifications necessary to maintain

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  1  the security and environmental integrity of the PSAP and "911"

  2  equipment rooms.

  3         7.  It is the goal of the Legislature that enhanced

  4  "911" service be available throughout the state. Expenditure

  5  by counties of the "911" fees authorized by this section

  6  should support this goal to the greatest extent feasible

  7  within the context of local service needs and fiscal

  8  capability. Nothing in this section shall be construed to

  9  prohibit two or more counties from establishing a combined

10  emergency "911" telephone service by interlocal agreement and

11  utilizing the "911" fees authorized by this section for such

12  combined "911" service.

13         (c)  Any county imposing a "911" fee in accordance with

14  the provisions of this subsection shall allow the telephone

15  company to retain as an administrative fee an amount equal to

16  1 percent of the total "911" fee collected by the telephone

17  company and to distribute three-fourths of 1 percent of the

18  total "911" fee collected by the telephone company to the

19  office for funding the statewide 911 system director functions

20  as defined in subsection (5).

21         Section 2.  Paragraph (r) of subsection (3) of section

22  365.172, Florida Statutes, is redesignated as paragraph (s)

23  and a new paragraph (r) is added to said section, paragraph

24  (a) of subsection (5), paragraph (a) of subsection (6),

25  paragraphs (a) and (b) of subsection (8), paragraph (d) of

26  subsection (9), and paragraph (b) of subsection (10) of said

27  section are amended, and paragraph (c) is added to subsection

28  (7) of said section, to read:

29         365.172  Wireless emergency telephone number "E911."--

30         (3)  DEFINITIONS.--As used in this section and ss.

31  365.173 and 365.174, the term:

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  1         (r)  "Statewide programs" means and includes

  2  administration and operations of the board; the staff support

  3  for statewide E911 service from the office; providing

  4  assistance to rural counties for implementation or operating

  5  enhanced 911 service within the county; providing for research

  6  and development of issues related to defining the most

  7  cost-effective and efficient alternatives for implementation

  8  of enhancements to the 911 systems; providing for pilot

  9  projects, with statewide implications, to improve the accuracy

10  of the information contained in the 911 ALI database, to

11  reduce the cost of database maintenance, and to incorporate

12  new application capability into the database, such as Local

13  Number Portability (LPN); and providing a source of funds to

14  encourage counties and providers to increase the deployment of

15  advanced features into the 911 systems.

16         (s)(r)  "Wireless 911 system" or "wireless 911 service"

17  means an emergency telephone system or service that provides a

18  subscriber with the ability to reach an answering point by

19  dialing the digits "911." A wireless 911 system is

20  complementary to a wired 911 system as provided for in s.

21  365.171.

22         (5)  THE WIRELESS 911 BOARD.--

23         (a)  The Wireless 911 Board is established to

24  administer, with oversight by the office, the fee imposed

25  under subsection (8), including receiving revenues derived

26  from the fee; distributing portions of such revenues to

27  providers, counties, and the office; accounting for receipts,

28  distributions, and income derived by the funds maintained in

29  the fund; develop, manage, and administer the statewide

30  programs to promote the efficient, effective, and timely

31  implementation of statewide enhanced 911 service; and

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  1  providing annual reports to the Governor and the Legislature

  2  for submission by the office on amounts collected and

  3  expended, the purposes for which expenditures have been made,

  4  and the status of wireless E911 service in this state. In

  5  order to advise and assist the office in carrying out the

  6  purposes of this section, the board, which shall have the

  7  power of a body corporate, shall have the powers enumerated in

  8  subsection (6).

  9         (6)  AUTHORITY OF THE BOARD; ANNUAL REPORT.--

10         (a)  The board shall:

11         1.  Administer the E911 fee.

12         2.  Implement, maintain, and oversee the fund.

13         3.  Review and oversee the disbursement of the revenues

14  deposited into the fund as provided in s. 365.173. The board

15  may establish a schedule for implementing wireless E911

16  service by service area, and prioritize disbursements of

17  revenues from the fund to providers and rural counties as

18  provided in s. 365.173(2)(c)(b) and (d)(c) pursuant to the

19  schedule, in order to implement E911 services in the most

20  efficient and cost-effective manner.

21         4.  Review documentation submitted by providers which

22  reflects current and projected funds derived from the E911

23  fee, and the expenses incurred and expected to be incurred, in

24  order to comply with the E911 service requirements contained

25  in the order for the purposes of:

26         a.  Ensuring that providers receive fair and equitable

27  distributions of funds from the fund.

28         b.  Ensuring that providers are not provided

29  disbursements from the fund which exceed the costs of

30  providing E911 service, including the costs of complying with

31  the order.

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  1         c.  Ascertaining the projected costs of compliance with

  2  the requirements of the order and projected collections of the

  3  E911 fee.

  4         d.  Implementing changes to the allocation percentages

  5  or reducing the E911 fee under paragraph (8)(c).

  6         5.  Review and approve or reject, in whole or in part,

  7  applications submitted by providers for recovery of moneys

  8  deposited into the fund.

  9         6.  Hire and retain employees for the purposes of

10  performing administrative functions for the board.

11         7.  Make and enter into contracts, pursuant to chapter

12  287, and execute other instruments necessary or convenient for

13  the exercise of the powers and functions of the board.

14         8.  Take all necessary and reasonable steps by July 1,

15  2000, to secure appropriate information and reports from

16  providers and otherwise perform all of the functions that

17  would be performed by an independent accounting firm prior to

18  completing the request-for-proposals process under subsection

19  (7).

20         9.  Sue and be sued, and appear and defend in all

21  actions and proceedings, in its corporate name to the same

22  extent as a natural person.

23         10.  Adopt, use, and alter a common corporate seal.

24         11.  Elect or appoint the officers and agents that are

25  required by the affairs of the board.

26         12.  The board may adopt rules under ss. 120.536(1) and

27  120.54 to implement this section and ss. 365.173 and 365.174.

28         13.  Do all acts and things necessary or convenient to

29  carry out the powers granted in this section, including but

30  not limited to, consideration of emerging technology and

31  related cost savings.

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  1         (7)  REQUEST FOR PROPOSALS FOR INDEPENDENT ACCOUNTING

  2  FIRM.--

  3         (c)  After July 1, 2003, the board may secure the

  4  services of an independent accounting firm via invitation to

  5  bid, request for proposals, invitation to negotiate, or

  6  professional contracts already established at the Division of

  7  Purchasing, Department of Management Services, for certified

  8  public accounting firms, or the board may hire and retain

  9  professional accounting staff to accomplish these functions.

10  If the board retains staff, the board shall have an

11  independent accounting firm conduct an audit of the board's

12  annual financial status and provide a copy to the Auditor

13  General of the state.

14         (8)  WIRELESS E911 FEE.--

15         (a)1.  Each provider shall collect a monthly fee

16  imposed on each customer whose place of primary use is in

17  service subscriber who has a service number that has a billing

18  address within this state. The rate of the fee shall be 50

19  cents per month per each service number, beginning August 1,

20  1999. The fee shall apply uniformly and be imposed throughout

21  the state.

22         2.  The wireless 911 fee imposed by this section shall

23  be administered in accordance with the Mobile

24  Telecommunications Sourcing Act, 4 U.S.C. ss. 116-126. For

25  purposes of this section, each of the terms and corresponding

26  definitions of such terms set forth in 4 U.S.C. s. 124 shall

27  apply.

28         (b)  The fee is established to ensure full recovery for

29  providers and for counties, over a reasonable period, of the

30  costs associated with developing and maintaining an E911

31  system on a technologically and competitively neutral basis

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  1  and to provide support for the functions of the statewide 911

  2  system director as defined in s. 365.171(5).

  3         (9)  MANAGEMENT OF FUNDS.--

  4         (d)  Each provider shall deliver revenues from the fee

  5  to the board within 60 days after the end of the month in

  6  which the fee was billed and, at the board's request but not

  7  more than twice a year, deliver together with a monthly report

  8  of the number of billing addresses of wireless subscribers

  9  whose place of primary use is in each county. A provider may

10  apply to the board for a refund of, or may take a credit for,

11  any fees remitted to the board which are not collected by the

12  provider within 6 months following the month in which the fees

13  are charged off for federal income tax purposes as bad debt.

14  The board may waive the requirement that the fees and number

15  of wireless subscribers with a place of primary use in each

16  county billing addresses be submitted to the board each month

17  and authorize a provider to submit the fees and number of

18  subscribers billing addresses quarterly if the provider

19  demonstrates that such waiver is necessary and justified.

20         (10)  PROVISION OF SERVICES.--In accordance with the

21  order, a provider is not required to provide E911 service

22  until:

23         (b)  Funds are available under s. 365.173(2)(c)(b).

24         Section 3.  Subsection (2) of section 365.173, Florida

25  Statutes, is amended to read:

26         365.173  Wireless Emergency Telephone System Fund.--

27         (2)  Subject to any modifications approved by the board

28  pursuant to s. 365.172(8)(c), the moneys in the fund shall be

29  distributed and used only as follows:

30         (a)  Forty-three and three-fourths Forty-four percent

31  of the moneys shall be distributed each month to counties,

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  1  based on the population of total number of wireless subscriber

  2  billing addresses in each county as reported no later than

  3  June 30, annually, by the Florida Association of Counties, for

  4  payment of:

  5         1.  Recurring costs of providing 911 or E911 service,

  6  as provided by s. 365.171(13)(a)6.

  7         2.  Costs to comply with the requirements for E911

  8  service contained in the order and any future rules related to

  9  the order.

10

11  A county may carry forward, for up to 3 successive calendar

12  years, up to 30 percent of the total funds disbursed to the

13  county by the board during a calendar year for expenditures

14  for capital outlay, capital improvements, or equipment

15  replacement, if such expenditures are made for the purposes

16  specified in this paragraph.

17         (b)  Three-fourths of 1 percent of the moneys shall be

18  distributed each month to the office for support of the

19  functions of the statewide 911 system director as defined in

20  s. 365.171(5).

21         (c)(b)  Fifty-three and one-half Fifty-four percent of

22  the moneys shall be distributed in response to sworn invoices

23  submitted to the board by providers to reimburse such

24  providers for the actual costs incurred to provide 911 or E911

25  service, including the costs of complying with the order. Such

26  costs include costs and expenses incurred by providers to

27  design, purchase, lease, program, install, test, upgrade,

28  operate, and maintain all necessary data, hardware, and

29  software required to provide E911 service. Two Up to 2 percent

30  of the funds allocated to providers shall be retained by the

31  board to be applied to costs and expenses incurred for the

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  1  purposes of managing, administering, and overseeing the

  2  statewide programs receipts and disbursements from the fund.

  3  Any funds retained for such purposes in a calendar year which

  4  are not applied to such costs and expenses by March 31 of the

  5  following year shall be distributed to providers pursuant to

  6  this paragraph. Beginning in state fiscal year 2000-2001, each

  7  provider shall submit to the board, by August 1 of each year,

  8  a detailed estimate of the capital and operating expenses for

  9  which it anticipates that it will seek reimbursement under

10  this paragraph during the ensuing state fiscal year. By

11  September 15 of each year, the board shall submit to the

12  Legislature its legislative budget request for funds to be

13  allocated to providers under this paragraph during the ensuing

14  state fiscal year. The budget request shall be based on the

15  information submitted by the providers and estimated surcharge

16  revenues. 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         (d)(c)  Two percent of the moneys shall be allocated

31  for statewide programs as defined in s. 365.172 used to make

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  1  monthly distributions to rural counties for the purpose of

  2  providing facilities and network and service enhancements and

  3  assistance for the 911 or E911 systems operated by rural

  4  counties and for the provision of reimbursable loans and

  5  grants by the office to rural counties for upgrading 911

  6  systems.

  7

  8  The Legislature recognizes that the wireless E911 fee

  9  authorized under s. 365.172 will not necessarily provide the

10  total funding required for establishing or providing the 911

11  service. It is the intent of the Legislature that all revenue

12  from the fee be used as specified in s. 365.171(13)(a)6.

13         Section 4.  This act shall take effect October 1, 2002.

14

15            *****************************************

16                          HOUSE SUMMARY

17
      Revises provisions relating to state emergency
18    communications service. Revises functions of the Wireless
      911 Board. Provides for statewide programs. Revises
19    provisions for the E911 fee. Revises distribution of
      moneys in the Wireless Emergency Telephone System Fund.
20    See bill for details.

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