SENATE AMENDMENT
    Bill No. CS for SB 2322
    Amendment No. ___   Barcode 924908
                            CHAMBER ACTION
              Senate                               House
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       04/28/2004 04:47 PM         .                    
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11  Senator Margolis moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 9, between lines 9 & 10,
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16  insert:  
17         Section 7.  Paragraph (a) of subsection (13) of section
18  365.171, Florida Statutes, is amended to read:
19         365.171  Emergency telephone number "911."--
20         (13)  "911" FEE.--
21         (a)  Following approval by referendum as set forth in
22  paragraph (b), or following approval by a majority vote of its
23  board of county commissioners, a county may impose a "911" fee
24  to be paid by the local exchange subscribers within its
25  boundaries served by the "911" service.  Proceeds from the
26  "911" fee shall be used only for "911" expenditures as set
27  forth in subparagraph 6.  The manner of imposing and
28  collecting said payment shall be as follows:
29         1.  At the request of the county subscribing to "911"
30  service, the telephone company shall, insofar as is
31  practicable, bill the "911" fee to the local exchange
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    12:32 PM   04/28/04                              s2322.ft35.X2

SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 924908 1 subscribers served by the "911" service, on an individual 2 access line basis, at a rate not to exceed 50 cents per month 3 per line (up to a maximum of 25 access lines per account bill 4 rendered). However, the fee may not be assessed on any pay 5 telephone in this state. A county collecting the fee for the 6 first time may collect the fee for no longer than 36 months 7 without initiating the acquisition of its "911" equipment. 8 2. Fees collected by the telephone company pursuant to 9 subparagraph 1. shall be returned to the county, less the 10 costs of administration retained pursuant to paragraph (c). 11 The county shall provide a minimum of 90 days' written notice 12 to the telephone company prior to the collection of any "911" 13 fees. 14 3. Any county that currently has an operational "911" 15 system or that is actively pursuing the implementation of a 16 "911" system shall establish a fund to be used exclusively for 17 receipt and expenditure of "911" fee revenues collected 18 pursuant to this section. All fees placed in said fund, and 19 any interest accrued thereupon, shall be used solely for "911" 20 costs described in subparagraph 6. The money collected and 21 interest earned in this fund shall be appropriated for "911" 22 purposes by the county commissioners and incorporated into the 23 annual county budget. Such fund shall be included within the 24 financial audit performed in accordance with s. 218.39. A 25 report of the audit shall be forwarded to the office within 60 26 days of its completion. A county may carry forward on an 27 annual basis unspent moneys in the fund for expenditures 28 allowed by this section, or it may reduce its fee. However, in 29 no event shall a county carry forward more than 10 percent of 30 the "911" fee billed for the prior year. The amount of moneys 31 carried forward each year may be accumulated in order to allow 2 12:32 PM 04/28/04 s2322.ft35.X2
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 924908 1 for capital improvements described in this subsection. The 2 carryover shall be documented by resolution of the board of 3 county commissioners expressing the purpose of the carryover 4 or by an adopted capital improvement program identifying 5 projected expansion or replacement expenditures for "911" 6 equipment and service features, or both. In no event shall the 7 "911" fee carryover surplus moneys be used for any purpose 8 other than for the "911" equipment, service features, and 9 installation charges authorized in subparagraph 6. Nothing in 10 this section shall prohibit a county from using other sources 11 of revenue for improvements, replacements, or expansions of 12 its "911" system. A county may increase its fee for purposes 13 authorized in this section. However, in no case shall the fee 14 exceed 50 cents per month per line. All current "911" fees 15 shall be reported to the office within 30 days of the start of 16 each county's fiscal period. Any fee adjustment made by a 17 county shall be reported to the office. A county shall give 18 the telephone company a 90-day written notice of such fee 19 adjustment. 20 4. The telephone company shall have no obligation to 21 take any legal action to enforce collection of the "911" fee. 22 The telephone company shall provide quarterly to the county a 23 list of the names, addresses, and telephone numbers of any and 24 all subscribers who have identified to the telephone company 25 their refusal to pay the "911" fee. 26 5. The county subscribing to "911" service shall 27 remain liable to the telephone company for any "911" service, 28 equipment, operation, or maintenance charge owed by the county 29 to the telephone company. 30 31 As used in this paragraph, "telephone company" means an 3 12:32 PM 04/28/04 s2322.ft35.X2
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 924908 1 exchange telephone service provider of "911" service or 2 equipment to any county within its certificated area. 3 6. It is the intent of the Legislature that the "911" 4 fee authorized by this section to be imposed by counties will 5 not necessarily provide the total funding required for 6 establishing or providing the "911" service. For purposes of 7 this section, "911" service includes the functions of database 8 management, call taking, location verification, and call 9 transfer. The following costs directly attributable to the 10 establishment and/or provision of "911" service are eligible 11 for expenditure of moneys derived from imposition of the "911" 12 fee authorized by this section: the acquisition, 13 implementation, and maintenance of Public Safety Answering 14 Point (PSAP) equipment and "911" service features, as defined 15 in the Florida Public Service Commission's lawfully approved 16 "911" and related tariffs and/or the acquisition, 17 installation, and maintenance of other "911" equipment, 18 including call answering equipment, call transfer equipment, 19 ANI controllers, ALI controllers, ANI displays, ALI displays, 20 station instruments, "911" telecommunications systems, 21 teleprinters, logging recorders, instant playback recorders, 22 telephone devices for the deaf (TDD) used in the "911" system, 23 PSAP backup power systems, consoles, automatic call 24 distributors, and interfaces (hardware and software) for 25 computer-aided dispatch (CAD) systems; salary and associated 26 expenses for "911" call takers for that portion of their time 27 spent taking and transferring "911" calls; salary and 28 associated expenses for a county to employ a full-time 29 equivalent "911" coordinator position and a full-time 30 equivalent staff assistant position per county for the portion 31 of their time spent administrating the "911" system; training 4 12:32 PM 04/28/04 s2322.ft35.X2
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 924908 1 costs for PSAP call takers in the proper methods and 2 techniques used in taking and transferring "911" calls; 3 expenses required to develop and maintain all information (ALI 4 and ANI databases and other information source repositories) 5 necessary to properly inform call takers as to location 6 address, type of emergency, and other information directly 7 relevant to the "911" call-taking and transferring function; 8 and, in a county defined in s. 125.011(1), such expenses 9 related to a nonemergency "311" system, or similar 10 nonemergency system, which improves the overall efficiency of 11 an existing "911" system or reduces "911" emergency response 12 time for a 2-year pilot project that ends June 30, 2009 2003. 13 However, no wireless telephone service provider shall be 14 required to participate in this pilot project or to otherwise 15 implement a nonemergency "311" system or similar nonemergency 16 system. The "911" fee revenues shall not be used to pay for 17 any item not listed, including, but not limited to, any 18 capital or operational costs for emergency responses which 19 occur after the call transfer to the responding public safety 20 entity and the costs for constructing buildings, leasing 21 buildings, maintaining buildings, or renovating buildings, 22 except for those building modifications necessary to maintain 23 the security and environmental integrity of the PSAP and "911" 24 equipment rooms. 25 7. It is the goal of the Legislature that enhanced 26 "911" service be available throughout the state. Expenditure 27 by counties of the "911" fees authorized by this section 28 should support this goal to the greatest extent feasible 29 within the context of local service needs and fiscal 30 capability. Nothing in this section shall be construed to 31 prohibit two or more counties from establishing a combined 5 12:32 PM 04/28/04 s2322.ft35.X2
SENATE AMENDMENT Bill No. CS for SB 2322 Amendment No. ___ Barcode 924908 1 emergency "911" telephone service by interlocal agreement and 2 utilizing the "911" fees authorized by this section for such 3 combined "911" service. 4 5 (Redesignate subsequent sections.) 6 7 8 ================ T I T L E A M E N D M E N T =============== 9 And the title is amended as follows: 10 On page 1, line 19, after the second semicolon ";" 11 12 insert: 13 amending s. 365.171, F.S.; continuing the 14 authorization for certain counties to expend 15 moneys derived from the "911" fee for 16 nonemergency telecommunications; deleting the 17 limitation imposed under a pilot project; 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 12:32 PM 04/28/04 s2322.ft35.X2