Bill Text: FL S1070 | 2013 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Emergency Communication Systems
Spectrum: Bipartisan Bill
Status: (Failed) 2013-05-03 - Died in Appropriations Subcommittee on Finance and Tax [S1070 Detail]
Download: Florida-2013-S1070-Introduced.html
Bill Title: Emergency Communication Systems
Spectrum: Bipartisan Bill
Status: (Failed) 2013-05-03 - Died in Appropriations Subcommittee on Finance and Tax [S1070 Detail]
Download: Florida-2013-S1070-Introduced.html
Florida Senate - 2013 SB 1070 By Senator Hays 11-00426-13 20131070__ 1 A bill to be entitled 2 An act relating to emergency communication systems; 3 amending s. 365.172, F.S., relating to the Emergency 4 Communications Number E911 System; revising 5 definitions; revising provisions relating to oversight 6 of certain fees by the Technology Program within the 7 Department of Management Services; revising E911 board 8 appointment provisions; revising duties of the board; 9 revising provisions for administration, distribution, 10 and use of the E911 fee; revising fee collection 11 procedures; providing for the amount of the fee; 12 authorizing the board to adjust the rate of the fee; 13 prohibiting a local government from imposing a fee on 14 sellers of prepaid wireless services; providing for a 15 prepaid wireless E911 fee; requiring the Department of 16 Revenue to provide notice to sellers and establish 17 registration, payment, and documentation procedures; 18 providing for distribution and use of fees collected; 19 providing that fees collected may not be included in 20 the base for measuring any tax, fee, surcharge, or 21 other charge; providing for application of specified 22 audit and appeals procedures; limiting liability of 23 provider or seller of prepaid wireless service; 24 providing that the state and local governments are not 25 subscribers for certain purposes; providing 26 definitions for specified purposes; revising 27 provisions for authorized expenditures of the E911 28 fee; providing that certain costs of the Department of 29 Health are functions of 911 services; amending s. 30 365.173, F.S.; revising provisions for accounting, 31 distribution, use, and auditing of the Emergency 32 Communications Number E911 System Fund; providing for 33 a prepaid wireless category in such fund; providing an 34 effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1. Subsections (3) through (9) of section 365.172, 39 Florida Statutes, are amended, present subsections (9) through 40 (14) of that section are renumbered as subsections (10) through 41 (15), respectively, and a new subsection (9) is added to that 42 section, to read: 43 365.172 Emergency communications number“E911.”— 44 (3) DEFINITIONS.—Only as used in this section and ss. 45 365.171, 365.173, and 365.174, the term: 46 (a) “Answering point” means the public safety agency that 47 receives incoming 911 calls and dispatches appropriate public 48 safety agencies to respond to the calls. 49 (b) “Authorized expenditures” means expenditures of the 50 fee, as specified in subsection (10)(9). 51 (c) “Automatic location identification” means the 52 capability of the E911 service which enables the automatic 53 display of information that defines the approximate geographic 54 location of the wireless telephone, or the location of the 55 address of the wireline telephone, used to place a 911 call. 56 (d) “Automatic number identification” means the capability 57 of the E911 service which enables the automatic display of the 58 service number used to place a 911 call. 59 (e) “Board” or “E911 Board” means the board of directors of 60 the E911 Board established in subsection (5). 61 (f) “Building permit review” means a review for compliance 62 with building construction standards adopted by the local 63 government under chapter 553 and does not include a review for 64 compliance with land development regulations. 65 (g) “Collocation” means the situation when a second or 66 subsequent wireless provider uses an existing structure to 67 locate a second or subsequent antennae. The term includes the 68 ground, platform, or roof installation of equipment enclosures, 69 cabinets, or buildings, and cables, brackets, and other 70 equipment associated with the location and operation of the 71 antennae. 72 (h) “Designed service” means the configuration and manner 73 of deployment of service the wireless provider has designed for 74 an area as part of its network. 75 (i) “E911” is the designation for an enhanced 911 system or 76 enhanced 911 service that is an emergency telephone system or 77 service that provides a subscriber with 911 service and, in 78 addition, directs 911 calls to appropriate public safety 79 answering points by selective routing based on the geographical 80 location from which the call originated, or as otherwise 81 provided in the state plan under s. 365.171, and that provides 82 for automatic number identification and automatic location 83 identification features. E911 service provided by a wireless 84 provider means E911 as defined in the order. 85 (j) “Existing structure” means a structure that exists at 86 the time an application for permission to place antennae on a 87 structure is filed with a local government. The term includes 88 any structure that can structurally support the attachment of 89 antennae in compliance with applicable codes. 90 (k) “Fee” means the E911 fee authorized and imposed under 91 subsection (8) or the prepaid wireless E911 fee authorized and 92 imposed under subsection (9). 93 (l) “Fund” means the Emergency Communications Number E911 94 System Fund established in s. 365.173 and maintained under this 95 section for the purpose of recovering the costs associated with 96 providing 911 service or E911 service, including the costs of 97 implementing the order. The fund shall be segregated into 98 wireless, prepaid wireless, and nonwireless categories. 99 (m) “Historic building, structure, site, object, or 100 district” means any building, structure, site, object, or 101 district that has been officially designated as a historic 102 building, historic structure, historic site, historic object, or 103 historic district through a federal, state, or local designation 104 program. 105 (n) “Land development regulations” means any ordinance 106 enacted by a local government for the regulation of any aspect 107 of development, including an ordinance governing zoning, 108 subdivisions, landscaping, tree protection, or signs, the local 109 government’s comprehensive plan, or any other ordinance 110 concerning any aspect of the development of land. The term does 111 not include any building construction standard adopted under and 112 in compliance with chapter 553. 113 (o) “Local exchange carrier” means a “competitive local 114 exchange telecommunications company” or a “local exchange 115 telecommunications company” as defined in s. 364.02. 116 (p) “Local government” means any municipality, county, or 117 political subdivision or agency of a municipality, county, or 118 political subdivision. 119 (q) “Medium county” means any county that has a population 120 of 75,000 or more but less than 750,000. 121 (r) “Mobile telephone number” or “MTN” means the telephone 122 number assigned to a wireless telephone at the time of initial 123 activation. 124 (s) “Nonwireless category” means the revenues to the fund 125 received from voice communications services providers other than 126 wireless providers. 127 (t) “Office” means the Technology Program within the 128 Department of Management Services, as designated by the 129 secretary of the department. 130 (u) “Order” means: 131 1. The following orders and rules of the Federal 132 Communications Commission issued in FCC Docket No. 94-102: 133 a. Order adopted on June 12, 1996, with an effective date 134 of October 1, 1996, the amendments to s. 20.03 and the creation 135 of s. 20.18 of Title 47 of the Code of Federal Regulations 136 adopted by the Federal Communications Commission pursuant to 137 such order. 138 b. Memorandum and Order No. FCC 97-402 adopted on December 139 23, 1997. 140 c. Order No. FCC DA 98-2323 adopted on November 13, 1998. 141 d. Order No. FCC 98-345 adopted December 31, 1998. 142 2. Orders and rules subsequently adopted by the Federal 143 Communications Commission relating to the provision of 911 144 services, including Order Number FCC-05-116, adopted May 19, 145 2005. 146 (v) “Prepaid wireless category” means all revenues in the 147 fund received through the Department of Revenue from the fee 148 authorized and imposed under subsection (9). 149 (w) “Prepaid wireless service” means a right to access 150 wireless service that allows a caller to contact and interact 151 with 911 to access the 911 system, which service must be paid 152 for in advance and is sold in predetermined units or dollars, 153 which units or dollars expire on a predetermined schedule or are 154 decremented on a predetermined basis in exchange for the right 155 to access wireless service. 156(v) “Prepaid calling arrangements” has the same meaning as157defined in s.212.05(1)(e).158 (x)(w)“Public agency” means the state and any 159 municipality, county, municipal corporation, or other 160 governmental entity, public district, or public authority 161 located in whole or in part within this state which provides, or 162 has authority to provide, firefighting, law enforcement, 163 ambulance, medical, or other emergency services. 164 (y)(x)“Public safety agency” means a functional division 165 of a public agency which provides firefighting, law enforcement, 166 medical, or other emergency services. 167 (z) “Public safety answering point” or “PSAP” means the 168 public safety agency that receives incoming 911 requests for 169 assistance and dispatches appropriate public safety agencies to 170 respond to the requests in accordance with the state E911 plan. 171 (aa)(y)“Rural county” means any county that has a 172 population of fewer than 75,000. 173 (bb)(z)“Service identifier” means the service number, 174 access line, or other unique subscriber identifier assigned to a 175 subscriber and established by the Federal Communications 176 Commission for purposes of routing calls whereby the subscriber 177 has access to the E911 system. 178 (cc)(aa)“Tower” means any structure designed primarily to 179 support a wireless provider’s antennae. 180 (dd)(bb)“Voice communications services” means two-way 181 voice service, through the use of any technology, which actually 182 provides access to E911 services, and includes communications 183 services, as defined in s. 202.11, which actually provide access 184 to E911 services and which are required to be included in the 185 provision of E911 services pursuant to orders and rules adopted 186 by the Federal Communications Commission. The term includes 187 voice-over-Internet-protocol service. For the purposes of this 188 section, the term “voice-over-Internet-protocol service” or 189 “VoIP service” means interconnected VoIP services having the 190 following characteristics: 191 1. The service enables real-time, two-way voice 192 communications; 193 2. The service requires a broadband connection from the 194 user’s locations; 195 3. The service requires IP-compatible customer premises 196 equipment; and 197 4. The service offering allows users generally to receive 198 calls that originate on the public switched telephone network 199 and to terminate calls on the public switched telephone network. 200 (ee)(cc)“Voice communications services provider” or 201 “provider” means any person or entity providing voice 202 communications services, except that the term does not include 203 any person or entity that resells voice communications services 204 and was assessed the fee authorized and imposed under subsection 205 (8) by its resale supplier. 206 (ff)(dd)“Wireless 911 system” or “wireless 911 service” 207 means an emergency telephone system or service that provides a 208 subscriber with the ability to reach an answering point by 209 accessing the digits“911.”210 (gg)(ee)“Wireless category” means the revenues to the fund 211 received from a wireless provider from the fee authorized and 212 imposed under subsection (8). 213 (hh)(ff)“Wireless communications facility” means any 214 equipment or facility used to provide service and may include, 215 but is not limited to, antennae, towers, equipment enclosures, 216 cabling, antenna brackets, and other such equipment. Placing a 217 wireless communications facility on an existing structure does 218 not cause the existing structure to become a wireless 219 communications facility. 220 (ii)(gg)“Wireless provider” means a person who provides 221 wireless service and: 222 1. Is subject to the requirements of the order; or 223 2. Elects to provide wireless 911 service or E911 service 224 in this state. 225 (jj)(hh)“Wireless service” means “commercial mobile radio 226 service” as provided under ss. 3(27) and 332(d) of the Federal 227 Telecommunications Act of 1996, 47 U.S.C. ss. 151 et seq., and 228 the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103 229 66, August 10, 1993, 107 Stat. 312. The term includes service 230 provided by any wireless real-time two-way wire communication 231 device, including radio-telephone communications used in 232 cellular telephone service; personal communications service; or 233 the functional or competitive equivalent of a radio-telephone 234 communications line used in cellular telephone service, a 235 personal communications service, or a network radio access line. 236 The term does not include wireless providers that offer mainly 237 dispatch service in a more localized, noncellular configuration; 238 providers offering only data, one-way, or stored-voice services 239 on an interconnected basis; providers of air-to-ground services; 240 or public coast stations. 241 (4) POWERS AND DUTIES OF THE OFFICE.—The office shall 242 oversee the administration of the feesfeeauthorizedand243imposed on subscribers of voice communications servicesunder 244 subsectionssubsection(8) and (9). 245 (5) THE E911 BOARD.— 246 (a) The E911 Board is established to administer, with 247 oversight by the office, the feesfeeimposed under subsections 248subsection(8) and (9), including receiving revenues derived 249 from the fee; distributing portions of the revenues to wireless 250 providers, counties, and the office; accounting for receipts, 251 distributions, and income derived by the funds maintained in the 252 fund; and providing annual reports to the Governor and the 253 Legislature for submission by the office on amounts collected 254 and expended, the purposes for which expenditures have been 255 made, and the status of E911 service in this state. In order to 256 advise and assist the office in implementing the purposes of 257 this section, the board, which has the power of a body 258 corporate, has the powers enumerated in subsection (6). 259 (b) The board shall consist of 11 members, one of whom must 260 be the system director designated under s. 365.171(5), or his or 261 her designee, who shall serve as the chair of the board. The 262 remaining 10 members of the board shall be appointed by the 263 Governor and must be composed of 5 county 911 coordinators, 264 consisting of a representative from a rural county, a 265 representative from a medium county, a representative from a 266 large county, and 2 at-large representatives recommended by the 267 Florida Association of Counties in consultation with the county 268 911 coordinators; 3 local exchange carrier member 269 representatives, one of whom must be a representative of the 270 local exchange carrier having the greatest number of access 271 lines in the state and one of whom must be a representative of a 272 certificated competitive local exchange telecommunications 273 company; and 2 member representatives from the wireless 274 telecommunications industry, with consideration given to 275 wireless providers that are not affiliated with local exchange 276 carriers. Not more than one member may be appointed to represent 277 any single provider on the board. 278 (c) The system director, designated under s. 365.171(5), or 279 his or her designee, must be a permanent member of the board. 280 Each of the remaining 10eightmembers of the board shall be 281 appointed to a 4-year term and may not be appointed to more than 282 two successive terms. However, for the purpose of staggering 283 terms, two of the original board members shall be appointed to 284 terms of 4 years, two shall be appointed to terms of 3 years, 285 and four shall be appointed to terms of 2 years, as designated 286 by the Governor. A vacancy on the board shall be filled in the 287 same manner as the original appointment. 288(d) The first vacancy in a wireless provider representative289position occurring after July 1, 2007, must be filled by290appointment of a local exchange company representative. Until291the appointment is made, there shall be only one local exchange292company representative serving on the board, notwithstanding any293other provision to the contrary.294 (6) AUTHORITY OF THE BOARD; ANNUAL REPORT.— 295 (a) The board shall: 296 1. Administer the E911 fee. 297 2. Implement, maintain, and oversee the fund. 298 3. Review and oversee the disbursement of the revenues 299 deposited into the fund as provided in s. 365.173. 300 a. The board may establish a schedule for implementing 301 wireless E911 service by service area, and prioritize 302 disbursements of revenues from the fund to providers and rural 303 counties as provided in s. 365.173(2)(e)365.173(2)(d)and (g) 304 pursuant to the schedule, in order to implement E911 services in 305 the most efficient and cost-effective manner. 306 b. Revenues in the fund which have not been disbursed 307 because sworn invoices as required by s. 365.173(2)(e) 308365.173(2)(d)have not been submitted to the board may be used 309 by the board as needed to provide grants to counties for the 310 purpose of upgrading E911 systems. The counties must use the 311 funds only for capital expenditures directly attributable to 312 establishing and provisioning E911 services, which may include 313 next-generation deployment. Prior to the distribution of grants, 314 the board shall provide 90 days’ written notice to all counties 315 and publish electronically an approved application process. 316 County grant applications shall be prioritized based on the 317 availability of funds, current system life expectancy, system 318 replacement needs, and Phase II compliance per the Federal 319 Communications Commission. No grants will be available to any 320 county for next-generation deployment until all counties are 321 Phase II complete. The board shall take all actions within its 322 authority to ensure that county recipients of such grants use 323 these funds only for the purpose under which they have been 324 provided and may take any actions within its authority to secure 325 county repayment of grant revenues upon determination that the 326 funds were not used for the purpose under which they were 327 provided. 328 c. When determining the funding provided in a state 911 329 grant application request, the board shall take into account 330 information on the amount of carryforward funds retained by the 331 counties. The information will be based on the amount of county 332 carryforward funds reported in the financial audit required in 333 s. 365.173(2)(d). State E911 Grant Program funding requests will 334 be limited by any county carryforward funds in excess of the 335 allowable 30 percent amount of fee revenue calculated on a 2 336 year basis. 337 d.c.The board shall reimburse all costs of a wireless 338 provider in accordance with s. 365.173(2)(e)365.173(2)(d)339 before taking any action to transfer additional funds. 340d. By September 1, 2007, the board shall authorize the341transfer of up to $15 million to the counties from existing342money within the fund established under s.365.173(1). The money343shall be disbursed equitably to all of the counties using a344timeframe and distribution methodology established by the board345before September 1, 2007, in order to prevent a loss to the346counties in the ordinary and expected time value of money caused347by any timing delay in remittance to the counties of wireline348fees caused by the one-time transfer of collecting wireline fees349by the counties to the board. All disbursements for this purpose350must be returned to the fund from future remittances by the351nonwireless category.352 e. After taking the action required in sub-subparagraphs 353 a.-d., the board may review and, with all members participating 354 in the vote, adjust the percentage allocations or adjust the 355 amount of the fee as provided, or both,under paragraph (8)(g) 356(8)(h), and, if the board determines that the revenues in the 357 wireless category exceed the amount needed to reimburse wireless 358 providers for the cost to implement E911 services, the board may 359 transfer revenue to the counties from the existing funds within 360 the wireless category. The board shall disburse the funds 361 equitably to all counties using a timeframe and distribution 362 methodology established by the board. 363 4. Review documentation submitted by wireless providers 364 which reflects current and projected funds derived from the fee, 365 and the expenses incurred and expected to be incurred in order 366 to comply with the E911 service requirements contained in the 367 order for the purposes of: 368 a. Ensuring that wireless providers receive fair and 369 equitable distributions of funds from the fund. 370 b. Ensuring that wireless providers are not provided 371 disbursements from the fund which exceed the costs of providing 372 E911 service, including the costs of complying with the order. 373 c. Ascertaining the projected costs of compliance with the 374 requirements of the order and projected collections of the fee. 375 d. Implementing changes to the allocation percentages or 376 adjusting the fee under paragraph (8)(h)(8)(i). 377 5. Meet monthly in the most efficient and cost-effective 378 manner, including telephonically when practical, for the 379 business to be conducted, to review and approve or reject, in 380 whole or in part, applications submitted by wireless providers 381 for recovery of moneys deposited into the wireless category, and 382 to authorize the transfer of, and distribute, the fee allocation 383 to the counties. 384 6. Hire and retain employees, which may include an 385 independent executive director who shall possess experience in 386 the area of telecommunications and emergency 911 issues, for the 387 purposes of performing the technical and administrative 388 functions for the board. 389 7. Make and enter into contracts, pursuant to chapter 287, 390 and execute other instruments necessary or convenient for the 391 exercise of the powers and functions of the board. 392 8. Sue and be sued, and appear and defend in all actions 393 and proceedings, in its corporate name to the same extent as a 394 natural person. 395 9. Adopt, use, and alter a common corporate seal. 396 10. Elect or appoint the officers and agents that are 397 required by the affairs of the board. 398 11. The board may adopt rules under ss. 120.536(1) and 399 120.54 to implement this section and ss. 365.173 and 365.174. 400 12. Provide coordination, support, and technical assistance 401 to counties to promote the deployment of advanced 911 and E911 402 systems in the state. 403 13. Provide coordination and support for educational 404 opportunities related to E911 issues for the E911 community in 405 this state. 406 14. Act as an advocate for issues related to E911 system 407 functions, features, and operations to improve the delivery of 408 E911 services to the residents of and visitors to this state. 409 15. Coordinate input from this state at national forums and 410 associations, to ensure that policies related to E911 systems 411 and services are consistent with the policies of the E911 412 community in this state. 413 16. Work cooperatively with the system director established 414 in s. 365.171(5) to enhance the state of E911 services in this 415 state and to provide unified leadership for all E911 issues 416 through planning and coordination. 417 17. Do all acts and things necessary or convenient to carry 418 out the powers granted in this section in a manner that is 419 competitively and technologically neutral as to all voice 420 communications services providers, including, but not limited 421 to, consideration of emerging technology and related cost 422 savings, while taking into account embedded costs in current 423 systems. 424 18. Have the authority to secure the services of an 425 independent, private attorney via invitation to bid, request for 426 proposals, invitation to negotiate, or professional contracts 427 for legal services already established at the Division of 428 Purchasing of the Department of Management Services. 429 (b) Board members shall serve without compensation; 430 however, members are entitled to per diem and travel expenses as 431 provided in s. 112.061. 432 (c) By February 28 of each year, the board shall prepare a 433 report for submission by the office to the Governor, the 434 President of the Senate, and the Speaker of the House of 435 Representatives which addresses for the immediately preceding 436 state fiscal year and county fiscalcalendaryear: 437 1. The annual receipts, including the total amount of fee 438 revenues collected by each provider, the total disbursements of 439 money in the fund, including the amount of fund-reimbursed 440 expenses incurred by each wireless provider to comply with the 441 order, and the amount of moneys on deposit in the fund. 442 2. Whether the amount of the fee and the allocation 443 percentages set forth in s. 365.173 have been or should be 444 adjusted to comply with the requirements of the order or other 445 provisions of this chapter, and the reasons for making or not 446 making a recommended adjustment to the fee. 447 3. Any other issues related to providing E911 services. 448 4. The status of E911 services in this state. 449 (7) REQUEST FOR PROPOSALS FOR INDEPENDENT ACCOUNTING FIRM.— 450 (a) The board shall issue a request for proposals as 451 provided in chapter 287 for the purpose of retaining an 452 independent accounting firm. The independent accounting firm 453 shall perform all material administrative and accounting tasks 454 and functions required for administering the fee. The request 455 for proposals must include, but need not be limited to: 456 1. A description of the scope and general requirements of 457 the services requested. 458 2. A description of the specific accounting and reporting 459 services required for administering the fund, including 460 processing checks and distributing funds as directed by the 461 board under s. 365.173. 462 3. A description of information to be provided by the 463 proposer, including the proposer’s background and qualifications 464 and the proposed cost of the services to be provided. 465 (b) The board shall establish a committee to review 466 requests for proposals which must include the statewide E911 467 system director designated under s. 365.171(5), or his or her 468 designee, and two members of the board, one of whom is a county 469 911 coordinator and one of whom represents a voice 470 communications services provider. The review committee shall 471 review the proposals received by the board and recommend an 472 independent accounting firm to the board for final selection. By 473 agreeing to serve on the review committee, each member of the 474 review committee shall verify that he or she does not have any 475 interest or employment, directly or indirectly, with potential 476 proposers which conflicts in any manner or degree with his or 477 her performance on the committee. 478 (c)After July 1, 2004,The board may secure the services 479 of an independent accounting firm via invitation to bid, request 480 for proposals, invitation to negotiate, or professional 481 contracts already established at the Division of Purchasing, 482 Department of Management Services, for certified public 483 accounting firms, or the board may hire and retain professional 484 accounting staff to accomplish these functions. 485 (8) E911 FEE.— 486 (a) Each voice communications services provider shall 487 collect the fee described in this subsection. Each provider, as 488 part of its monthly billing process, shall bill the fee as 489 follows. The fee shall not be assessed on any pay telephone in 490 the state. 491 1. Each voice communications service provider other than a 492 wireless provider shall bill the fee to a subscriber based on 493 the number of access lines having access to the E911 system, on 494 a service-identifier basis, up to a maximum of 25 access lines 495 per account bill rendered. 496 2. Each voice communications service provider other than a 497 wireless provider shall bill the fee to a subscriber on a basis 498 of five service-identified access lines for each digital 499 transmission link, including primary rate interface service or 500 equivalent Digital-Signal-1-level service, which can be 501 channelized and split into 23 or 24 voice-grade or data-grade 502 channels for communications, up to a maximum of 25 access lines 503 per account bill rendered. 504 3. Except in the case of prepaid wireless service, each 505 wireless provider shall bill the fee to a subscriber on a per 506 service-identifier basis for service identifiers whose primary 507 place of use is within this state.Before July 1, 2013, the fee508shall not be assessed on or collected from a provider with509respect to an end user’s service if that end user’s service is a510prepaid calling arrangement that is subject to s.212.05(1)(e).511a. An E911 fee shall not be collected from the sale of512prepaid wireless service before July 1, 2013.513b. For purposes of this section, the term:514(I) “Prepaid wireless service” means the right to access515telecommunications services, which must be paid for in advance516and sold in predetermined units or dollars enabling the517originator to make calls such that the number of units or518dollars declines with use in a known amount.519(II) “Prepaid wireless service providers” includes those520persons who sell prepaid wireless service regardless of its521form, as a retailer or reseller.522 4. Except in the case of prepaid wireless service, eachThe523 voice communications services providerprovidersnot addressed 524 under subparagraphs 1., 2., and 3. shall bill the fee on a per 525 service-identifier basis for service identifiers whose primary 526 place of use is within the state up to a maximum of 25 service 527 identifiers for each account bill rendered. 528 529 The provider may list the fee as a separate entry on each bill, 530 in which case the fee must be identified as a fee for E911 531 services. A provider shall remit the fee to the board only if 532 the fee is paid by the subscriber. If a provider receives a 533 partial payment for a monthly bill from a subscriber, the amount 534 received shall first be applied to the payment due the provider 535 for providing voice communications service. 536 (b) A provider is not obligated to take any legal action to 537 enforce collection of the fees for which any subscriber is 538 billed. A county subscribing to 911 service remains liable to 539 the provider delivering the 911 service or equipment for any 911 540 service, equipment, operation, or maintenance charge owed by the 541 county to the provider. 542 (c) For purposes of this section, the state and local 543 governments are not subscribers. 544 (d) Each provider may retain 1 percent of the amount of the 545 fees collected as reimbursement for the administrative costs 546 incurred by the provider to bill, collect, and remit the fee. 547 The remainder shall be delivered to the board and deposited by 548 the board into the fund. The board shall distribute the 549 remainder pursuant to s. 365.173. 550 (e)Effective September 1, 2007,Voice communications 551 services providers billing the fee to subscribers shall deliver 552 revenues from the fee to the board within 60 days after the end 553 of the month in which the fee was billed, together with a 554 monthly report of the number of service identifiers in each 555 county. Each wireless provider and other applicable provider 556 identified in subparagraph (a)4. shall report the number of 557 service identifiers for subscribers whose place of primary use 558 is in each county. All provider subscriber information provided 559 to the board is subject to s. 365.174. If a provider chooses to 560 remit any fee amounts to the board before they are paid by the 561 subscribers, a provider may apply to the board for a refund of, 562 or may take a credit for, any such fees remitted to the board 563 which are not collected by the provider within 6 months 564 following the month in which the fees are charged off for 565 federal income tax purposes as bad debt. 566 (f) The rate of the feeshall be set by the board after567considering the factors set forth in paragraphs (h) and (i), but568 may not exceed 50 cents per month per each service identifier. 569 Beginning on January 1, 2014, the fee shall be 46 cents. The fee 570 shall apply uniformly and be imposed throughout the state, 571 except for those counties that, before July 1, 2007, had adopted 572 an ordinance or resolution establishing a fee less than 50 cents 573 per month per access line. In those counties the fee established 574 by ordinance may be changed only to the uniform statewide rate 575 no sooner than 30 days after notification is made by the 576 county’s board of county commissioners to the board. 577(g) It is the intent of the Legislature that all revenue578from the fee be used as specified in s.365.173(2)(a)-(i).579 (g)(h) No later than November 1, 2007,The board may adjust 580 the allocation percentages for distribution of the fund as 581 provided in s. 365.173. After January 1, 2015, the board may 582 adjust the rate of the fee under paragraph (f) based on the 583 criteria in this paragraph and paragraph (h). Any adjustment in 584 the rate must be approved by a two-thirds vote of the total 585 number of E911 board members. When setting the percentages or 586andcontemplating any adjustments to the fee, the board shall 587 consider the following: 588 1. The revenues currently allocated for wireless service 589 provider costs for implementing E911 service and projected costs 590 for implementing E911 service, including recurring costs for 591 Phase I and Phase II and the effect of new technologies; 592 2. The appropriate level of funding needed to fund the 593 rural grant program provided for in s. 365.173(2)(g); and 594 3. The need to fund statewide, regional, and county grants 595 in accordance with sub-subparagraph (6)(a)3.b. 596 (h)(i)The board may adjust the allocation percentages or 597 adjust the amount of the fee as provided in paragraph (g), or598both,if necessary to ensure full cost recovery or prevent 599 overrecovery of costs incurred in the provision of E911 service, 600 including costs incurred or projected to be incurred to comply 601 with the order. Any new allocation percentages or reduced or 602 increased fee may not be adjusted for 1 year. In no event shall 603 the feemay notexceed 50 cents per month forpereach service 604 identifier. Theboard-establishedfee, and any board adjustment 605 of the fee, shall be uniform throughout the state, except for 606 the counties identified in paragraph (f). No less than 90 days 607 before the effective date of any adjustment to the fee, the 608 board shall provide written notice of the adjusted fee amount 609 and effective date to each voice communications services 610 provider from which the board is then receiving the fee. 611 (i) It is the intent of the Legislature that all revenue 612 from the fee be used as specified in s. 365.173(2)(a)-(i). 613 (j) State and local taxes do not apply to the fee. The 614 amount of the E911 fee collected by a seller or provider may not 615 be included in the base for measuring any tax, fee, surcharge, 616 or other charge imposed by this state, any political subdivision 617 of this state, or any governmental agency. 618 (k) A local government may not levy the fee or any 619 additional fee on providers,orsubscribers, or sellers of 620 prepaid wireless services for the provision of E911 service. 621 (l) For purposes of this section, the definitions contained 622 in s. 202.11 and the provisions of s. 202.155 apply in the same 623 manner and to the same extent as the definitions and provisions 624 apply to the taxes levied under chapter 202 on mobile 625 communications services. 626 (9) PREPAID WIRELESS E911 FEE.— 627 (a) There is imposed a prepaid wireless E911 fee per retail 628 transaction at the rate and in the manner set forth in 629 paragraphs (8)(f)-(h). Beginning January 1, 2014, the fee shall 630 be 46 cents. In no event shall the fee exceed 50 cents per month 631 for each retail transaction. No less than 90 days before the 632 effective date of any adjustment to the fee under paragraph 633 (8)(g), the Department of Revenue shall provide written notice 634 of the adjusted fee amount and its effective date to each seller 635 from which the department is then receiving the fee. 636 (b) The prepaid wireless E911 fee shall be collected by the 637 seller from the consumer with respect to each retail transaction 638 occurring in this state. The amount of the prepaid wireless E911 639 fee shall either be separately stated on an invoice, receipt, or 640 other similar document that is provided to the consumer by the 641 seller or otherwise disclosed to the consumer. 642 (c) For purposes of paragraph (b), a retail transaction 643 that is effected in person by a consumer at a business location 644 of the seller shall be treated as occurring in this state if 645 that business location is in this state, and any other retail 646 transaction shall be treated as occurring in this state if the 647 retail transaction is treated as occurring in this state under 648 s. 212.05(1)(e)1.a.(II). 649 (d) If a prepaid wireless device is sold for a single, 650 nonitemized price with a prepaid wireless service of 10 minutes 651 or less or $5 or less, the seller may elect not to apply the 652 wireless E911 fee to the transaction. 653 (e) The prepaid wireless E911 fee is the liability of the 654 consumer and not of the seller or of any provider, except that 655 the seller is liable to remit all prepaid wireless E911 fees 656 that the seller collects from consumers as provided in this 657 subsection, including all such charges that the seller is deemed 658 to collect where the amount of the charge has not been 659 separately stated on an invoice, receipt, or other similar 660 document provided to the consumer by the seller. 661 (f) The amount of the prepaid wireless E911 fee that is 662 collected by a seller from a consumer, whether or not such 663 amount is separately stated on an invoice, receipt, or similar 664 document provided to the consumer by the seller, shall not be 665 included in the base for measuring any tax, fee, surcharge, or 666 other charge that is imposed by this state, any political 667 subdivision of this state, or any intergovernmental agency. 668 (g) Prepaid wireless E911 fees collected by sellers shall 669 be remitted to the Department of Revenue at the times and in the 670 manner provided under s. 212.11. The Department of Revenue shall 671 aggregate and identify the prepaid wireless E911 fee by the 672 county in which the fee was collected. The Department of Revenue 673 shall establish registration and payment procedures that 674 substantially coincide with the registration and payment 675 procedures that apply to the tax imposed by chapter 212. 676 (h) The Department of Revenue shall retain up to 1 percent 677 of the funds remitted under this subsection to reimburse its 678 direct costs of administering the collection and remittance of 679 prepaid wireless fees. Thereafter, the department shall transfer 680 all remaining funds remitted under this subsection to the E911 681 Board within 30 days after receipt for use as provided in 682 subsection (5). 683 (i) In order to allow sellers of all sizes and 684 technological capabilities adequate time to comply with this 685 subsection, a seller will begin collecting the prepaid wireless 686 fee November 1, 2013. From November 1, 2013, until December 31, 687 2013, the fee will be in the amount of 46 cents. Sellers will 688 retain 100 percent of collections for 2 months to offset the 689 cost of setup. 690 (j) Beginning January 1, 2014, a seller may retain 5 691 percent of the prepaid wireless E911 fees that are collected by 692 the seller from consumers. 693 (k) The audit and appeals procedures applicable under s. 694 212.13 apply to prepaid wireless E911 fees. 695 (l) The Department of Revenue shall establish procedures 696 for a seller of prepaid wireless service to document that a sale 697 is not a retail transaction. The procedures shall substantially 698 coincide with the procedures for documenting a sale for resale 699 transaction under s. 212.186. 700 (m) A provider or seller of prepaid wireless service is not 701 liable for damages to any person resulting from or incurred in 702 connection with providing or failing to provide 911 or E911 703 service or for identifying or failing to identify the telephone 704 number, address, location, or name associated with any person or 705 device that is accessing or attempting to access 911 or E911 706 service. 707 (n) A provider or seller of prepaid wireless service is not 708 liable for damages to any person resulting from or incurred in 709 connection with providing any lawful assistance to any 710 investigative or law enforcement officer of the United States, 711 any state, or any political subdivision of any state in 712 connection with any lawful investigation or other law 713 enforcement activity by such law enforcement officer. 714 (o) The limitations of liability under this subsection for 715 providers and sellers are in addition to any other limitation of 716 liability provided for under this section. 717 (p) A local government may not levy any additional fee on 718 providers or sellers of prepaid wireless service for the 719 provision of E911 service. 720 (q) For purposes of this section, the state and local 721 governments are not subscribers. 722 (r) For purposes of this subsection, the term: 723 1. “Consumer” means a person who purchases prepaid wireless 724 service in a retail sale. 725 2. “Prepaid wireless E911 fee” means the fee that is 726 required to be collected by a seller from a consumer in the 727 amount established under paragraphs (8)(f)-(h). 728 3. “Provider” means a person that provides prepaid wireless 729 service pursuant to a license issued by the Federal 730 Communications Commission. 731 4. “Retail transaction” means the purchase of prepaid 732 wireless service from a seller for any purpose other than 733 resale. 734 5. “Seller” means a person who sells prepaid wireless 735 service to another person. 736 (10)(9)AUTHORIZED EXPENDITURES OF E911 FEE.— 737 (a) For purposes of this section, E911 service includes the 738 functions of database management, call taking, dispatching, 739 location verification, and call transfer. Department of Health 740 certification and recertification and training costs for 911 741 public safety telecommunications, including dispatching, are 742 functions of 911 services. 743 (b) All costs directly attributable to the establishment or 744 provision of E911 service and contracting for E911 services are 745 eligible for expenditure of moneys derived from imposition of 746 the fee authorized by this section. These costs include the 747 acquisition, implementation, and maintenance of Public Safety 748 Answering Point (PSAP) equipment and E911 service features, as 749 defined in the providers’ published schedulesPublic Service750Commission’s lawfully approved 911 and E911 and related tariffs751 or the acquisition, installation, and maintenance of other E911 752 equipment, including circuits, call answering equipment, call 753 transfer equipment, ANI controllers, ALI controllers, ANI 754 displays, ALI displays, station instruments, E911 755 telecommunications systems, visual call information and storage 756 devices, recording equipment, telephone devices and other 757 equipment for the hearing impaired used in the E911 system, PSAP 758 backup power systems, consoles, automatic call distributors, and 759 interfaces, including hardware and software, for computer-aided 760 dispatch (CAD) systems, integrated CAD systems for that portion 761 of the systems used for E911 call taking, GIS system and 762 software equipment and information displays, network clocks, 763 salary and associated expenses for E911 call takers for that 764 portion of their time spent taking and transferring E911 calls, 765 salary and associated expenses for a county to employ a full 766 time equivalent E911 coordinator position and a full-time 767 equivalent mapping or geographical data position, and technical 768 system maintenance, database, and administration personneland a769staff assistant position per countyfor the portion of their 770 time spent administrating the E911 system, emergency medical, 771 fire, and law enforcement prearrival instruction software, 772 charts and training costs, training costs for PSAP call takers, 773 supervisors, and managers in the proper methods and techniques 774 used in taking and transferring E911 calls, costs to train and 775 educate PSAP employees regarding E911 service or E911 equipment, 776 including fees collected by the Department of Health for the 777 certification and recertification of 911 public safety 778 telecommunicators as required under s. 401.465, and expenses 779 required to develop and maintain all information, including ALI 780 and ANI databases and other information source repositories, 781 necessary to properly inform call takers as to location address, 782 type of emergency, and other information directly relevant to 783 the E911 call-taking and transferring function. Moneys derived 784 from the fee may also be used for next-generation E911 network 785 services, next-generation E911 database services, next 786 generation E911 equipment, and wireless E911 routing systems. 787 (c) The moneys may not be used to pay for any item not 788 listed in this subsection, including, but not limited to, any 789 capital or operational costs for emergency responses which occur 790 after the call transfer to the responding public safety entity 791 and the costs for constructing, leasing, maintaining, or 792 renovating buildings, except for those building modifications 793 necessary to maintain the security and environmental integrity 794 of the PSAP and E911 equipment rooms. 795 Section 2. Section 365.173, Florida Statutes, is amended to 796 read: 797 365.173 Emergency Communications Number E911 System Fund.— 798 (1)(a) All revenues derived from the fee levied on 799 subscribers under s. 365.172(8) must be paid by the board into 800 the State Treasury on or before the 15th day of each month. Such 801 moneys must be accounted for in a special fund to be designated 802 as the Emergency Communications Number E911 System Fund, a fund 803 created in the Technology Program, or other office as designated 804 by the Secretary of Management Services. All revenues derived 805 from the fee levied on prepaid wireless service under s. 806 365.172(9) must be paid by the Department of Revenue into the 807 Emergency Communications Number E911 System Fund on or before 808 the 15th day of each month., and,For accounting purposes, the 809 Emergency Communications Number E911 System Fund must be 810 segregated into threetwoseparate categories: 811 1.(a)The wireless category;and812 2.(b)The nonwireless category; and 813 3. The prepaid wireless category. 814 (b) All moneys must be invested by the Chief Financial 815 Officer pursuant to s. 17.61. All moneys in such fund are to be 816 expended by the office for the purposes provided in this section 817 and s. 365.172. These funds are not subject to s. 215.20. 818 (2) As determined by the board pursuant to s. 365.172(8)(g) 819365.172(8)(h), and subject to any modifications approved by the 820 board pursuant to s. 365.172(6)(a)3. or (8)(h)(8)(i), the 821 moneys in the fund shall be distributed and used only as 822 follows: 823 (a) Seventy-sixSixty-sevenpercent of the moneys in the 824 wireless category shall be distributed each month to counties, 825 based on the total number of service identifiers in each county, 826 and shall be used exclusively for payment of: 827 1. Authorized expenditures, as specified in s. 365.172(10) 828365.172(9). 829 2. Costs to comply with the requirements for E911 service 830 contained in the order and any future rules related to the 831 order. 832 (b) Ninety-sixNinety-sevenpercent of the moneys in the 833 nonwireless category shall be distributed each month to counties 834 based on the total number of service identifiers in each county 835 and shall be used exclusively for payment of authorized 836 expenditures, as specified in s. 365.172(10)365.172(9). 837 (c) Sixty-one percent of the moneys in the prepaid wireless 838 category shall be distributed each month to counties based on 839 the total number of sales in each county and shall be used 840 exclusively for payment of authorized expenditures, as specified 841 in s. 365.172(10). 842 (d)(c)Any county that receives funds under paragraphs (a), 843and(b), and (c) shall establish a fund to be used exclusively 844 for the receipt and expenditure of the revenues collected under 845 paragraphs (a),and(b), and (c). All fees placed in the fund 846 and any interest accrued shall be used solely for costs 847 described in subparagraphs (a)1. and 2. and may not be reduced, 848 withheld, or allocated for other purposes. The money collected 849 and interest earned in this fund shall be appropriated for these 850 purposes by the county commissioners and incorporated into the 851 annual county budget. The fund shall be included within the 852 financial audit performed in accordance with s. 218.39. The 853 financial audit shall assure that all E911 fee revenues, 854 interest, and E911 grant funding are used for payment of 855 authorized expenditures, as specified in s. 365.172(10) and as 856 specified in the E911 Board grant and special disbursement 857 programs. The county is responsible for all expenditures of 858 revenues distributed from the county E911 fund and shall submit 859 the financial audit reports to the board for review. A county 860 may carry forward up to 30 percent of the total funds disbursed 861 to the county by the board during a calendar year for 862 expenditures for capital outlay, capital improvements, or 863 equipment replacement, if such expenditures are made for the 864 purposes specified in subparagraphs (a)1. and 2.; however, the 865 30-percent limitation does not apply to funds disbursed to a 866 county under s. 365.172(6)(a)3., and a county may carry forward 867 any percentage of the funds, except that any grant provided 868 shall continue to be subject to any condition imposed by the 869 board. In order to prevent an excess recovery of costs incurred 870 in providing E911 service, a county that receives funds greater 871 than the permissible E911 costs described in s. 365.172(10) 872365.172(9), including the 30-percent carryforward allowance, 873 must return the excess funds to the E911 board to be allocated 874 under s. 365.172(6)(a). 875 (e)(d)TwentyThirtypercent of the moneys in the wireless 876 category shall be distributed to wireless providers in response 877 to sworn invoices submitted to the board by wireless providers 878 to reimburse such wireless providers for the actual costs 879 incurred to provide 911 or E911 service, including the costs of 880 complying with the order. Such costs include costs and expenses 881 incurred by wireless providers to design, purchase, lease, 882 program, install, test, upgrade, operate, and maintain all 883 necessary data, hardware, and software required to provide E911 884 service. Each wireless provider shall submit to the board, by 885 August 1 of each year, a detailed estimate of the capital and 886 operating expenses for which it anticipates that it will seek 887 reimbursement under this paragraph during the ensuing state 888 fiscal year. In order to be eligible for recovery during any 889 ensuing state fiscal year, a wireless provider must submit all 890 sworn invoices for allowable purchases made within the previous 891 calendar year no later than March 31 of the fiscal year. By 892 September 15 of each year, the board shall submit to the 893 Legislature its legislative budget request for funds to be 894 allocated to wireless providers under this paragraph during the 895 ensuing state fiscal year. The budget request shall be based on 896 the information submitted by the wireless providers and 897 estimated surcharge revenues. Distributions of moneys in the 898 fund by the board to wireless providers must be fair and 899 nondiscriminatory. If the total amount of moneys requested by 900 wireless providers pursuant to invoices submitted to the board 901 and approved for payment exceeds the amount in the fund in any 902 month, wireless providers that have invoices approved for 903 payment shall receive a pro rata share of moneys in the fund and 904 the balance of the payments shall be carried over to the 905 following month or months until all of the approved payments are 906 made. The board may adopt rules necessary to address the manner 907 in which pro rata distributions are made when the total amount 908 of funds requested by wireless providers pursuant to invoices 909 submitted to the board exceeds the total amount of moneys on 910 deposit in the fund. 911(e) Notwithstanding paragraphs (a) and (d), the amount of912money that remained in the wireless 911 system fund on December91331, 2006, must be disbursed to wireless providers for the914recovery of allowable costs incurred in previous years ending915December 31, 2006, and in accordance with paragraph (d). In916order to be eligible for recovered costs incurred under917paragraph (d), a wireless provider must submit sworn invoices to918the board by December 31, 2007. The board must disburse the919designated funds in the wireless 911 system fund on or after920January 1, 2008.921 (f) One percent of the moneys in each category of the fund 922 shall be retained by the board to be applied to costs and 923 expenses incurred for the purposes of managing, administering, 924 and overseeing the receipts and disbursements from the fund and 925 other activities as defined in s. 365.172(6). Any funds retained 926 for such purposes in a calendar year which are not applied to 927 such costs and expenses by March 31 of the following year shall 928 be redistributed as determined by the board. 929 (g) ThreeTwopercent of the moneys in each category of the 930 fund shall be used to make monthly distributions to rural 931 counties for the purpose of providing facilities and network and 932 service enhancements and assistance for the 911 or E911 systems 933 operated by rural counties and for the provision of grants by 934 the office to rural counties for upgrading and replacing E911 935 systems. 936 (h) Thirty-five percent of the moneys in the prepaid 937 wireless category shall be retained by the board to provide 938 state E911 grants to be awarded in accordance with the following 939 order of priority:By September 1, 2007, up to $15 million of940the existing 911 system fund shall be available for distribution941by the board to the counties in order to prevent a loss in the942ordinary and expected time value of money caused by any timing943delay in remittance to the counties of wireline fees caused by944the one-time transfer of collecting wireline fees by the945counties to the board. All disbursements for this purpose must946be returned to the fund from the future remittance by the947nonwireless category.948 1. For all large, medium, and rural counties to upgrade or 949 replace E911 systems. 950 2. For all large, medium, and rural counties to develop and 951 maintain statewide 911 routing, geographic, and management 952 information systems. 953 3. For all large, medium, and rural counties to develop and 954 maintain next-generation 911 services and equipment. 955 (i) If the wireless category has funds remaining in it on 956 December 31 after disbursements have been made during the 957 calendar year immediately prior to December 31, the board may 958 disburse the excess funds in the wireless category in accordance 959 with s. 365.172(6)(a)3.b. 960 (3) The Legislature recognizes that the fee authorized 961 under s. 365.172 may not necessarily provide the total funding 962 required for establishing or providing the E911 service. It is 963 the intent of the Legislature that all revenue from the fee be 964 used as specified inthissubsection (2). 965 Section 3. This act shall take effect July 1, 2013.