To consolidate the text of Rules 60FF-2.001, 60FF-2.003, 60FF-2.004, 60FF-2.005, 60FF-2.006 and 60FF-2.007, F.A.C., into Rule 60FF-2.001 and 60FF-2.005, F.A.C., as similar rules on the same topic from the same chapter.

 

DEPARTMENT OF MANAGEMENT SERVICES

Technology Program

RULE NOS.:RULE TITLES:

60FF-2.001Order Process

60FF-2.002Customer Responsibilities in Order Process

60FF-2.003Communications Service Provider Responsibilities in Order Process

60FF-2.004The Department’s Responsibilities in Order Process

60FF-2.005SUNCOM Charges to Customers

60FF-2.006SUNCOM Provider Billing to Department

60FF-2.007SUNCOM Provider Billing Directly to Customers

PURPOSE AND EFFECT: To consolidate the text of Rules 60FF-2.001, 60FF-2.003, 60FF-2.004, 60FF-2.005, 60FF-2.006 and 60FF-2.007, F.A.C., into Rule 60FF-2.001 and 60FF-2.005, F.A.C., as similar rules on the same topic from the same chapter.

SUMMARY: Rules 60FF-2.001 and 60FF-2.005, F.A.C., are proposed to be amended and Rules 60FF-2.002, 60FF-2.003, 60FF-2.004, 60FF-2.006 and 60FF-2.007, F.A.C., are proposed to be repealed.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The economic review conducted by the agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 282.702(2), 282.702(9) FS.

LAW IMPLEMENTED: 282.702(2), 282.702(8), 282.702(12), 282.703, 282.704, 282.705, 282.706, 282.707 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Thursday, January 26, 2017, 2:00 p.m. until completed but no later than 5:00 p.m..

PLACE: 4050 Esplanade Way, Tallahassee, Florida, Room 101

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Michael A. Greif, Department of Management Services, 4050 Esplanade Way, Tallahassee, FL 32399, [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Denise Adkins, Department of Management Services, 4030 Esplanade Way, Suite 115H, Tallahassee, Florida 32399-0950, Phone: [phone], Email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

60FF-2.001 Order Process

(1) The Communications Service Authorization Process shall be as follows:

(1) through (6) re-designated (a) through (f) No change.

(2) The Customer’s responsibilities in the order process shall be as follows:

(a) Register to Become a Customer – Eligible Users which are not SUNCOM Customers or Required Users must submit a request, provide the associated information and agree to the terms and conditions as described in Rule 60FF-1.003, F.A.C.

(b) Appoint and Maintain Authorizing Officials – The Customer shall appoint Authorizing Official(s) on behalf of the Customer and all of its subordinate entities (for which the Customer makes organizational and/or accounting distinctions). Multiple roles within the CSAB system(s) may be held by single or several individuals, as long as all of the roles available to Customers in the CSAB system(s), including the authority to appoint other Authorizing Officials, are performed by appointees of the Customer.

1. Each Customer shall have the sole responsibility to ensure that only its duly designated Authorizing Officials exercise the commensurate Customer authorities in the CSAB System(s) on the Customer’s behalf.

2. All Authorizing Officials are obliged to achieve and maintain understanding of their role(s) and associated authorities and functionality of the CSAB System(s) and SUNCOM processes to satisfy Customer requests and to invoice for services.

(c) Establish and Maintain Customer Accounts – Each Customer shall establish and maintain accurate and current data within the CSAB System(s) regarding the Customer’s profile, accounting information and Authorizing Officials.

(d) Place Orders – Absent a declaration to the contrary from the Department, the CSAB System(s) shall be the sole means for Customers to request or modify SUNCOM Services. In order to be considered a valid CSA, irrespective of the means of establishing it, a CSA must have a corresponding entry with a unique identification number in the Department electronic repository of CSA data and can only be established with consent from the Authorizing Official. CSAs are initiated through the following:

1. Direct entry of the associated data into the SUNCOM CSAB System(s) by the Authorizing Official.

2. Agreements between the Department staff and the Customer to establish CSAs on behalf of the Customer.

3. Electronic insertion of CSA data into the Department’s electronic repository of CSA data with consent from the Customer and the Department.

(e) Monitor Statuses and Inventories – All Customers are responsible for monitoring events and accessible inventories in the CSAB System(s) related to the Customer account(s) and services.

(f) Audit Invoices – Each Customer shall be solely responsible for auditing invoices to the Customer against the CSA data and ensuring that billings reflect the correct inventory and correct service charges, in accordance with SUNCOM prices, for the invoicing period.

(g) Adapt to System Enhancements – The Customer is responsible for keeping abreast of enhancements to and announcements regarding the CSAB System(s) and changing Customer processes in accordance with the changes to the CSAB System(s).

(h) Acknowledge the Primacy of CSAB Data – Because the CSAB System(s) is the foundation of the SUNCOM inventory of services consumed by SUNCOM Customers (when written agreements with SUNCOM Providers or Customers do not specifically exclude the CSA process) and the basis for invoicing to Customers for services, Customers must make good faith efforts to ensure that the data contained in the system(s) is accurate and presuppose its validity.

(3) The Communications Service Provider’s and SUNCOM Service Provider’s responsibilities in the order process shall be as follows:

(a) Accept the CSAB System(s) as the Means for Processing Service Requests – In all instances where agreements between the Department and SUNCOM Providers do not specifically exclude the CSA process, SUNCOM Providers shall accept CSA data from the CSAB Systems(s) as the basis for processing requests from the Department and SUNCOM Customers, and shall recognize the CSA data as the State’s acknowledgement of its payment obligations.

1. Any services originating from a CSA order shall be satisfied with a SUNCOM service if a corresponding SUNCOM service exists irrespective of any of the choices made by the Authorizing Official.

2. SUNCOM Providers shall not accommodate or satisfy requests for SUNCOM Services from entities that are not Eligible Users.

3. Communications Service Providers shall not accommodate or satisfy requests from Required Users for Network Equipment, Network Services or Network Software outside the CSA or Exemption Request processes unless an exception is explicitly granted by the Department or specified through an agreement between the Department and the Provider.

4. SUNCOM Providers shall not accommodate or satisfy requests for SUNCOM Services from Eligible Users outside the CSA process unless an exception is explicitly granted by the Department or specified through an agreement between the Department and the Provider.

If a SUNCOM Provider has been granted an exception to allow selling SUNCOM Services outside of the CSA process, the SUNCOM Provider will supply substantiating detail of said sales using the same standards as outlined in paragraph 60FF-2.005(3)(b)2., F.A.C.

5. SUNCOM Providers shall not usurp processes or service request procedures intrinsic to the CSAB System(s) unless specifically authorized by the Department in writing.

a. The Department shall grant exceptions to the CSA and billing processes through contractual terms when the nature of the service or the limitation of SUNCOM’s current ability to accommodate the service through these processes require such exceptions in order to make the service available. However, the Department and the SUNCOM Provider shall commit to efforts to eliminate these exceptional conditions.

b. The Department shall grant other exceptions to the CSA process only when the need for a service constitutes an emergency as determined by a Department employee.

(b) Update the CSAB System(s) Accurately and Expeditiously – SUNCOM Providers shall use the CSAB System(s) or exchange data with the CSAB System(s) in accordance with the Department data exchange standards, to expeditiously and accurately update status information regarding the SUNCOM Provider’s efforts to satisfy a request.

(c) Acknowledge the Primacy of CSA Data – Because the CSAB System(s) is the foundation of the SUNCOM inventory of services obtained from SUNCOM Providers and services consumed by SUNCOM Customers (when agreements with SUNCOM Providers do not specifically exclude the CSA process) and the basis for invoicing SUNCOM Customers, SUNCOM Providers must make good faith efforts to ensure that the data contained in the system is accurate and presuppose its validity.

Absent clear evidence to the contrary, disputes regarding whether or not a compensable service has been rendered shall be determined by the existence of data in the CSAB System(s). This data shall verify that a CSA request had been issued and a compensable service had been rendered for the period corresponding to a SUNCOM Provider’s claim in order for the SUNCOM Provider to receive the associated payment.

(d) Fostering and Adapting to Enhancements to the CSAB System(s) – SUNCOM Providers are responsible for assisting the Department in efforts to enhance the system and changing SUNCOM Providers’ processes to facilitate enhancements.

(4) The Department’s responsibilities in the Order Process shall be as follows:

(a) Maintain the CSAB System(s) – The Department shall ensure the availability of the system to Customers and SUNCOM Providers in a manner consistent with the standard business needs of the Customer and SUNCOM Providers.

(b) Enhance the CSAB System(s) – The Department shall engage in continuous efforts, in partnerships with Customers and SUNCOM Providers, to enhance the CSAB System(s) to improve usability and enhance functionality.

(c) Inform the Customer – The Department shall expeditiously and thoroughly inform users of the CSAB System(s) of impending changes to functionality and interfaces for the purpose of enabling users to adjust their business processes accordingly and retain effectiveness when using the system(s).

(d) Train the Customer – The Department shall provide training to users of the CSAB System(s) pertaining to its functionality and the business processes intrinsic to the system(s) and the CSA and billing processes.

(e) Modify and Approve Customer Requests – In instances where the business process requires it, the Department shall expeditiously review CSA requests from Customers, modify them where appropriate, satisfy them or process them for satisfaction by another party or reject the CSA after communicating with the Authorizing Official regarding the reason.

(f) Acknowledge the Primacy of CSA Data – Because the CSAB System(s) is the foundation of the SUNCOM inventory of services obtained from SUNCOM Providers and services consumed by SUNCOM Customers (when agreements with SUNCOM Providers do not specifically exclude the CSA process) and the basis for invoicing provided to Customers for services, the Department must make good faith efforts to ensure that the data contained in the system is accurate and presuppose its validity.

Rulemaking Specific Authority 282.702(2), 282.702(9)282.102(9) FS. Law Implemented 282.702(2)282.102(2), (8), (12), 282.703282.103, 282.704282.104, 282.705282.105, 282.706282.106, 282.707282.107 FS. History–New 6-25-08, Amended                         ..

 

60FF-2.002 Customer Responsibilities in Order Process.

Rulemaking Specific Authority 282.102(9) FS. Law Implemented 282.102(2), (8), (12), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History–New 6-25-08, Repealed                  .

 

60FF-2.003 Communications Service Provider Responsibilities in Order Process.

Rulemaking Specific Authority 282.102(9) FS. Law Implemented 282.102(2), (8), (12), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History–New 6-25-08, Repealed                  .

 

60FF-2.004 The Department’s Responsibilities in Order Process.

Rulemaking Specific Authority 282.102(9) FS. Law Implemented 282.102(2), (8), (12), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History–New 6-25-08, Repealed                  .

 

60FF-2.005 SUNCOM Charges and Billing. to Customers.

(1) SUNCOM Charges to Customers.

(a)(1) No change

(b)(2) Payment Processes –

(a) through (d) re-designated (1) through (4) No change.

(c)(3) The entire amount of the bill is due within 30 days from the date the invoice was printed.

1.(a) Non-payment of the bill within 31 days from the date the invoice was printed shall result in a notice of nonpayment describing potential consequences of failure to make a timely payment in accordance with the provisions in subsection 60FF-2.005(1)(d), F.A.C. 60FF-2.005(4), F.A.C., and criteria in subsection 60FF-2.005(1)(e), F.A.C. 60FF-2.005(5), F.A.C.

2.(b) Non-payment of the bill within 60 days from the date the invoice was printed shall result in a second notice of nonpayment warning the Customer of the potential consequences of failure to make a timely payment in accordance with the provisions in subsection 60FF-2.005(1)(d), F.A.C. 60FF-2.005(4), F.A.C., and criteria in subsection 60FF-2.005(1)(e), F.A.C.60FF-2.005(5), F.A.C.

3.(c) Non-payment of the bill within 90 days from the date the invoice was printed shall result in a third notice of nonpayment warning the Customer of the potential consequences of failure to make a timely payment in accordance with the provisions in subsection 60FF-2.005(1)(d), F.A.C. 60FF-2.005(4), F.A.C., and criteria in subsection 60FF-2.005(1)(e), F.A.C. 60FF-2.005(5), F.A.C.

4.(d) Non-payment of the bill within 120 days from the date the invoice was printed shall result in a fourth notice of nonpayment warning the Customer of the potential consequences of failure to make a timely payment in accordance with the provisions in 60FF-2.005(1)(d), F.A.C. 60FF-2.005(4), F.A.C., and criteria in subsection 60FF-2.005(1)(e), F.A.C. 60FF-2.005(5), F.A.C.

(d)(4) No change

(a) through (e) re-designated 1. through 5. No change.

(e)(5) No change

1.(a) No change

2.(b) The existence of related legitimate and timely charge disputes from the Customer in accordance with subsection 60FF-2.005(1)(f), F.A.C. 60FF-2.005(6), F.A.C.; and

(c) through (e) re-designated 3. through 6. No change.

(f)(6) No change

(a) through (c) re-designated 1. through 3. No change.

(2) SUNCOM Provider Billing to the Department.

Barring the exceptions for contract terms described below, all of the following conditions apply to invoicing from SUNCOM Providers:

(a) SUNCOM Providers shall invoice the Department for all SUNCOM Services provided to SUNCOM and SUNCOM Customers.

(b) The Department shall invoice all SUNCOM Customers for all SUNCOM Services rendered.

(c) The Department shall pay SUNCOM Providers lump sums on behalf of all SUNCOM Customers for the entire amount of legitimate charges regardless of the payment status of SUNCOM Customers.

The Department shall solely determine when services shall be suspended to SUNCOM Customers for nonpayment in accordance with subsection 60FF-2.005(1)(c), F.A.C.

(d) The SUNCOM Provider must make good faith efforts to render charges to the Department and SUNCOM Customers accurately.

Based upon a commensurate commitment from each SUNCOM Provider and the Department’s judgment that the SUNCOM Provider has made a good faith effort to invoice accurately, the Department shall choose “other remedy of the error” rather than request “a corrected invoice” as described in Section 215.422(3)(b), F. S., to reconcile invoicing errors. These remedies shall include use of Generally Accepted Accounting principles to identify errors and process credits.

(e) The SUNCOM Provider shall supply an unchangeable hand bill showing the official charge to the Department.

Through written agreement with the Department, the hand bill may consist of unchangeable electronic data.

(f) The SUNCOM Provider shall electronically supply detail substantiating the invoice.

1. When totaled, the substantiating detail must match and validate the hand bill and provide a thorough source of auditing and reconciling the basis for charges from SUNCOM Providers.

2. The electronic files containing the substantiating detail must include sufficient data to enable the Department to render invoices to SUNCOM Customers for their proportionate usage of the SUNCOM Services. That data must include: CSA number, Customer name and account codes, item, and amount of item. All other billing elements must be included as defined by the contract between the Department and the SUNCOM Provider, such as billing date, interval billed, and service specific detail.

3.  The substantiating detail must be provided by using an Electronic Data Interchange format established by the Department and by sending to the following electronic mail address: ftppool.dms.state.fl.us.

4. Any electronic billing substantiation or detail data supplied by SUNCOM Providers that is not authorized by the Department as the means of accepting electronic substantiating detail data shall be considered supplemental aids to auditing or querying invoicing data and shall not comprise official payment obligations or substantiating detail.

(g) The date the invoice is received by the Department or the date the service was rendered, whichever is later, constitutes the billing date used as a basis for determining payment deadlines. Billing dates prior to the time when the associated service is rendered or billable service period is complete have no consequence on the Department’s payment obligation.

(h) Conflicting or mutually exclusive methods of billing to and collections from SUNCOM Customers are prohibited.

(i) SUNCOM Providers may invoice after the normal billing cycle for charges that were not adequately invoiced during the normal billing cycle.

1. The portion of the subsequent invoice that SUNCOM shall pay and seek from SUNCOM Customers shall be determined by the terms of the contract for the service.

2. If terms addressing subsequent billing do not exist in the contract for the service, the Department and the Customer shall pay only the amounts owed for the current fiscal year.

(j) Overcharges from SUNCOM Providers, including charges for services that should have been terminated in accordance with a Communications Service Authorization (CSA) or services that were not provided during the billing period that was billed, shall be refunded to the Department.

1. The portion of the overcharge that the SUNCOM Provider shall refund shall be determined by the terms of the contract for the service.

2. If relevant terms addressing overcharges do not exist in the contract for the service, the SUNCOM Provider shall credit an amount for the entire period the service was billed while the service was not available or for the period that it was billed after it should have been suspended in accordance with a Communications Service Authorization (CSA), whichever is greater.

(3) SUNCOM Provider Billing Directly to Customers.

(a) The SUNCOM Provider must be granted authority through its written contract with the Department in order to invoice SUNCOM Customers directly for SUNCOM Services.

(b) When the SUNCOM Provider invoices SUNCOM Customers directly:

1. The SUNCOM Provider must make good faith efforts to render accurate charges to SUNCOM Customers.

2. The SUNCOM Provider shall electronically supply to the Department complete and accurate detail substantiating all of the charges to SUNCOM Customers.

a. When totaled, the substantiating detail must validate the invoices to Customers and provide a thorough source of auditing and reconciling the basis for charges from SUNCOM Providers by including sufficient data to enable the Department to determine proportionate usage of the SUNCOM Customers.

b. Absent contract provisions with the Department that establish formats and exchange methods for the electronic substantiating detail file, the file must be provided using an Electronic Data Interchange format established by the Department and sent to the following electronic mail address: ftppool.dms.state.fl.us.

c. The Department is not obligated to provide the Customer copies of invoices or substantiation on behalf of the SUNCOM Provider. If the Department chooses to do so, it shall not be as a part of a normal practice, and any such data that the Department provides shall not constitute official obligations of the State.

(c) The Department has no obligation to assume payable commitments on behalf of SUNCOM or SUNCOM Customers in instances where a vendor or SUNCOM Provider submitted an invoice directly to a SUNCOM Customer. If the Department chooses to assume such commitments, it shall only pay the SUNCOM provider when the Customer makes an associated payment to the Department.

(d) SUNCOM Providers may invoice after the normal billing cycle for charges that were not adequately invoiced during the normal billing cycle.

1. The portion of the subsequent invoice that the Customer shall pay shall be determined by the terms of the contract for the service.

2. If terms addressing subsequent billing do not exist in the contract for the service, the Customer shall pay only the amounts owed for the current fiscal year.

(e) Overcharges from SUNCOM Providers, including charges for services that should have been suspended in accordance with a Communications Service Authorization (CSA) or services that were not provided during the billing period that was billed, shall be refunded to the Customer.

1. The portion of the overcharge that the SUNCOM Provider shall refund shall be determined by the terms of the contract for the service.

2. If relevant terms addressing overcharges do not exist in the contract for the service, the SUNCOM Provider shall credit an amount for the entire period the service was billed while the service was not available or for the period that it was billed after it should have been suspended in accordance with a Communications Service Authorization (CSA), whichever is greater.

Rulemaking Specific Authority 282.702(9), 282.702(2)282.102(9) FS. Law Implemented 282.702(2)282.102(2), (8), (12), 282.703282.103, 282.704282.104, 282.705282.105, 282.706282.106, 282.707282.107 FS. History–New 6-25-08, Amended                         .

 

60FF-2.006 SUNCOM Provider Billing to the Department.

Rulemaking Specific Authority 282.102(9) FS. Law Implemented 282.102(2), (8), (12), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History–New 6-25-08, Repealed                 .

 

60FF-2.007 SUNCOM Provider Billing Directly to Customers.

Rulemaking Specific Authority 282.102(9) FS. Law Implemented 282.102(2), (8), (12), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History–New 6-25-08, Repealed                  .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Heath Beach, Director, Division of Telecommunications

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Chad Poppell, Secretary, Department of Management Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 12/29/16

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 1/3/17