Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 1590
       
       
       
       
       
       
                                Barcode 133158                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/24/2009           .                                
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       The Committee on Community Affairs (Siplin) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete line 28
    4  and insert:
    5         Section 2. Paragraph (a) of subsection (8) of section
    6  365.172, Florida Statutes, is amended to read:
    7         365.172 Emergency communications number “E911.”—
    8         (8) E911 FEE.—
    9         (a) Each voice communications services provider shall
   10  collect the fee described in this subsection. Each provider, as
   11  part of its monthly billing process, shall bill the fee as
   12  follows. The fee shall not be assessed on any pay telephone in
   13  the state.
   14         1. Each local exchange carrier shall bill the fee to the
   15  local exchange subscribers on a service-identifier basis, up to
   16  a maximum of 25 access lines per account bill rendered.
   17         2. Except in the case of prepaid wireless service, each
   18  wireless provider shall bill the fee to a subscriber on a per
   19  service-identifier basis for service identifiers whose primary
   20  place of use is within this state. Before July 1, 2011 July 1,
   21  2009, the fee shall not be assessed on or collected from a
   22  provider with respect to an end user’s service if that end
   23  user’s service is a prepaid calling arrangement that is subject
   24  to s. 212.05(1)(e).
   25         a. The board shall conduct a study to determine whether it
   26  is feasible to collect E911 fees from the sale of prepaid
   27  wireless service. If, based on the findings of the study, the
   28  board determines that a fee should not be collected from the
   29  sale of prepaid wireless service, it shall report its findings
   30  and recommendation to the Governor, the President of the Senate,
   31  and the Speaker of the House of Representatives by December 31,
   32  2008. If the board determines that a fee should be collected
   33  from the sale of prepaid wireless service, the board shall
   34  collect the fee beginning July 1, 2011 July 1, 2009.
   35         b. For purposes of this section, the term:
   36         (I) “Prepaid wireless service” means the right to access
   37  telecommunications services that must be paid for in advance and
   38  is sold in predetermined units or dollars enabling the
   39  originator to make calls such that the number of units or
   40  dollars declines with use in a known amount.
   41         (II) “Prepaid wireless service providers” includes those
   42  persons who sell prepaid wireless service regardless of its
   43  form, either as a retailer or reseller.
   44         c. The study must include an evaluation of methods by which
   45  E911 fees may be collected from end users and purchasers of
   46  prepaid wireless service on an equitable, efficient,
   47  competitively neutral, and nondiscriminatory basis and must
   48  consider whether the collection of fees on prepaid wireless
   49  service would constitute an efficient use of public funds given
   50  the technological and practical considerations of collecting the
   51  fee based on the varying methodologies prepaid wireless service
   52  providers and their agents use in marketing prepaid wireless
   53  service.
   54         d. The study must include a review and evaluation of the
   55  collection of E911 fees on prepaid wireless service at the point
   56  of sale within the state. This evaluation must be consistent
   57  with the collection principles of end user charges such as those
   58  in s. 212.05(1)(e).
   59         e. No later than 90 days after this section becomes law,
   60  the board shall require all prepaid wireless service providers,
   61  including resellers, to provide the board with information that
   62  the board determines is necessary to discharge its duties under
   63  this section, including information necessary for its
   64  recommendation, such as total retail and reseller prepaid
   65  wireless service sales.
   66         f. All subscriber information provided by a prepaid
   67  wireless service provider in response to a request from the
   68  board while conducting this study is subject to s. 365.174.
   69         g. The study shall be conducted by an entity competent and
   70  knowledgeable in matters of state taxation policy if the board
   71  does not possess that expertise. The study must be paid from the
   72  moneys distributed to the board for administrative purposes
   73  under s. 365.173(2)(f) but may not exceed $250,000.
   74         3. All voice communications services providers not
   75  addressed under subparagraphs 1. and 2. shall bill the fee on a
   76  per-service-identifier basis for service identifiers whose
   77  primary place of use is within the state up to a maximum of 25
   78  service identifiers for each account bill rendered.
   79  
   80  The provider may list the fee as a separate entry on each bill,
   81  in which case the fee must be identified as a fee for E911
   82  services. A provider shall remit the fee to the board only if
   83  the fee is paid by the subscriber. If a provider receives a
   84  partial payment for a monthly bill from a subscriber, the amount
   85  received shall first be applied to the payment due the provider
   86  for providing voice communications service.
   87         Section 3. This act shall operate retroactively to July 1,
   88  
   89  ================= T I T L E  A M E N D M E N T ================
   90  And the title is amended as follows:
   91  
   92         Delete line 8
   93  and insert:
   94  
   95  to the state or local jurisdiction; extending until July 1,
   96  2011, the date to begin collecting the prepaid wireless E911 fee
   97  so that a method can be established for collecting at the point
   98  of sale from both small and large retail stores; providing for