Requirements for Sworn Invoices Submitted by or on Behalf of Wireless Service Providers  

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    DEPARTMENT OF MANAGEMENT SERVICES
    Technology Program

    RULE NO: RULE TITLE
    60FF-5.001: Requirements for Sworn Invoices Submitted by or on Behalf of Wireless Service Providers

    NOTICE OF CHANGE

    The change is in response to concerns by the Joint Administrative Procedures Committee in a letter dated July 7, 2009 and modifications made by the Board at the hearing on September 19, 2009. No Statement of Costs was prepared. The Board determined the proposed rule will not have an impact on small businesses at their meeting on January 14, 2009. The change is as follows:

    60FF-5.001 Requirements for Sworn Invoices and Cost Recovery Proposals Submitted by or on Behalf of Wireless Service Providers.

    (1) All wireless service providers seeking reimbursement for actual costs incurred to provide 911 or E911 service pursuant to Section 365.173(2)(d), F.S., shall complete and submit a sworn invoice containing the following:

    (a) The service provider’s name and address;

    (b) The date of the invoice;

    (c) The service period for which reimbursement is sought;

    (d) Itemization of non-recurring charges for which reimbursement is sought, including:

    1. Description of each item;

    2. Quantity of each item provided;

    3. Unit cost of each item; and

    4. Total cost of each item.

    (e) Itemization of monthly recurring charges for which reimbursement is sought, including:

    1. Description of each item;

    2. Quantity of each item provided;

    3. Unit cost of each item; and

    4. Total cost of each item.

    (f) Itemization of other recurring charges for which reimbursement is sought, including:

    1. Timing of each recurring item, e.g., annual, quarterly, I-monthly, etc.;

    2. Description of each item;

    3. Quantity of each item provided;

    4. Unit cost of each item; and

    5. Total cost of each item.

    (g) Totaled Phase I recurring charges, Phase I non-recurring charges, Phase II recurring charges and Phase II non-recurring charges.

    (h) Total amount of reimbursement sought in the invoice;

    (i) The following certification: “I hereby certify that the foregoing statements are true and correct, and that no material fact has been withheld or concealed from the E911 Board”; and

    (j) The dated and notarized signature of the person submitting the invoice.

    (2) Payment will be made to the order of the provider only.

    (3) Vendors need to register at the myfloridamarketplace.com as a vendor doing business with the State of Florida in order for the E911 Board to generate a warrant.

    (4) Each wireless provider seeking reimbursement under Section 365.173(2)(d), Florida Statutes, shall submit a cost recovery proposal to the E911 Board by August 1 of each year detailing the estimated anticipated capital and operating expenses during the ensuing state fiscal year, including:

    (a) Itemization of estimated non-recurring charges for which reimbursement will be sought;

    (b) Itemization of estimated monthly recurring charges for which reimbursement will be sought;

    (c) Itemization of other estimated recurring charges for which reimbursement will be sought;

    (d) Totaled Phase I recurring charges, Phase I non-recurring charges, Phase II recurring charges and Phase II non-recurring charges; or

    (e) Total estimated amount of reimbursement sought.

    (5) In order to be eligible under Section 365.173(2)(d), Florida Statutes, for cost recovery during any ensuing state fiscal year, a wireless provider must submit all sworn invoices complying with Rule subsection (1) for allowable purchases made within the previous calendar year no later than March 31 of the fiscal year.

    (6) The Board shall submit to the Legislature, by September 15 of each year, its legislative budget request for funds to be allocated to wireless providers under section 365.173(2)(d), Florida Statutes, during the ensuing state fiscal year.

    (a) The Board’s legislative budget request shall be based on the cost recovery proposals submitted by the wireless providers and estimated surcharge revenues.

    (b) The requirement that a wireless provider timely submit its cost recovery proposal by August 1 of each year in compliance with Section 365.173(2)(d), Florida Statutes, is mandatory in order to enable the Board to timely prepare and submit its legislative budget request to the Legislature by September 15 of each year.

    (6) A wireless provider that fails to timely submit its cost recovery proposal in accordance with Rule subsection (4) for the ensuing state fiscal year shall be deemed ineligible pursuant to Section 365.173(2)(d), Florida Statutes, and thereby precluded from any cost recovery during the ensuing state fiscal year.

    (7) A wireless provider deemed ineligible for cost recovery in the ensuing state fiscal year for failure to timely file its cost recovery proposal may request reinstatement of its eligibility by showing good cause in writing explaining in detail the facts and circumstances purporting to excuse its noncompliance. The wireless providers representative will be permitted to appear either in person or via teleconference at the next available Board meeting to present its position and answer any questions from the Board. The Board, in the exercise of its powers enumerated in Section 365.172(6), Florida Statutes, shall consider the facts and circumstances and determine whether relief is justified to avoid imposition of a substantial hardship or a violation of the principles of fairness, and whether relief would serve the purpose of Sections 365.172, 365.173, 365.174 and, particularly, Section 365.173(2)(d), Florida Statutes, and whether relief can be granted without causing an impediment to recovery by providers who have timely submitted.

    Rulemaking Authority 365.172(6)(a)11. FS. Law Implemented 365.173(2)(d) FS. History–New_________.

     

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John C. Ford, Chair, 4030 Esplanade Way, Suite 160, Tallahassee, Florida 32399-0950