The Board proposes the rule amendment to delete unnecessary language and add new language to modify definitions and the procedures for the requirements for county carry forward funds and excess funding and to update Form 6A, “County Carry Forward ...

DEPARTMENT OF MANAGEMENT SERVICES
E911 Board

Rule No. : RULE TITLE :
60FF1-5.006: Requirements for County Carry Forward Funds and Excess Funding
PURPOSE AND EFFECT: The Board proposes the rule amendment to delete unnecessary language and add new language to modify definitions and the procedures for the requirements for county carry forward funds and excess funding and to update Form 6A, “County Carry Forward Funds and Excess Funding Form”; and to renumber the rule accordingly.
SUMMARY: The rule amendment will delete unnecessary language and add new language to modify definitions and the procedures for the requirements for county carry forward funds and excess funding and to update Form 6A, “County Carry Forward Funds and Excess Funding Form”; and to renumber the rule accordingly.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Cost was prepared. The Board determined that small businesses would not be affected by this rule. The following is a summary of the SERC:
• The proposed change would not have an adverse impact on economic growth, private-sector job creation or employment, or private-sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule.
• The proposed change would not have an impact on business competitiveness.
• Costs are limited to the calculation and processing costs for returning any excess funds.
• No effect on state or local revenue is expected.
• The proposed change is not expected to impact small business, small counties or small cities.
Additionally, it has been determined that the rule does not meet the threshold for ratification by the Legislature.
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: 365.172(6)(a)11. FS.
LAW IMPLEMENTED: 365.173(2)(c) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ryan Butler, E911 Board, 4030 Esplanade Way, Suite 160Q, Tallahassee, Florida 32399-0950

THE FULL TEXT OF THE PROPOSED RULE IS:

60FF1-5.006 Requirements for County Carry Forward Funds and Excess Funding.

The carry forward funding provision provides counties with the ability to carry forward funding for E911 capital outlay, capital improvements, or equipment replacement expenditures. The excess recovery provision provides a 30 percent limitation on the total E911 fee revenue retained during a calendar year as carry forward. Any overage not utilized by the County for allowable E911 expenditures shall be returned to the E911 Board in accordance with this rule.

(1) No change.

(2) General conditions: All counties shall provide financial information on the calendar year fee revenues received, the county calendar year E911 expenditures and the carry forward amount for the calendar year. The information shall be provided on the E911 Board Form 6A, “County Carry Forward Funds and Excess Funding Form,” effective 3/10/2011 07/02/2010, which is incorporated herein by reference and which may be obtained on the Florida E911 website at URL http://florida911.myflorida.com/ or from the E911 Board office at the following address:

State of Florida E911 Board

Attn: Administrative Assistant

4050 Esplanade Way, Building 4030 – Suite 160

Tallahassee, Florida 32399-0950

(3) Definitions.

(a) Fixed Capital Outlay: Real property (land, buildings, including appurtenances, fixtures and fixed equipment, structures, etc.), including additions, replacements, major repairs, and renovations to real property which materially extend its useful life or materially improve or change its functional use and including furniture and equipment necessary to furnish and operate a new or improved facility.

(b) Operating Capital Outlay: Equipment, fixtures and other tangible personal property of a non-consumable nature and has a normal expected life of one year or more.

(c) Capital Improvements: Improvement costs increasing the useful life or value of the asset. Capital improvements are accounted for as assets and do not include deductible minor improvements or repairs which are expenses. These items can include building modifications necessary to maintain the security and environmental integrity of the PSAP and E911 equipment rooms specifically listed in the Section 365.172(9)(c), F.S.

(d) Equipment Replacement: Replacement of 911 equipment specifically listed in the Section 365.172(9), F.S., as allowable expenditures.

(4)(3) Carry Forward Funding and Excess Recovery Parameters:. The county shall determine the calculated total fee revenue funding disbursed to the county by the E911 Board during a calendar year.

(a) The 30 percent limitation does not apply to funds disbursed to a county:

1. through 4. No change.

5. Through Special Disbursement – Disbursed under Section 365.172(6)(a)3.e., F.S.

(b) When determining carry forward, a county’s permissible E911 costs equals the total of the E911 fee expenditures and the county revenue expenditures for authorized E911 expenditures described in Sections 365.173(2)(a)1. and 2., F.S., which includes Section 365.172(9), F.S., costs. The following items can be included in the authorized calendar year E911 expenditures subject to the conditions contained here-in.

1. No change.

2. If the funds are encumbered for an a E911 capital expenditure project that is in the procurement process, which was scheduled to be under contract by the end of the calendar year, and has been delayed but will be under contract by the end of the current fiscal year.

(5)(4)Excess recovery.

(a) Any excess calendar year E911 funding greater than the county’s total expenditures for permissible E911 costs described in paragraph (4)(3)(b), including the 30 percent carry forward allowance, must be returned to the E911 Board. Counties shall deliver revenues from the fee to the E911 Board within 120 days after the end of the calendar year. If unused in a project in accordance with sub-subparagraph (4)(3)(b)1. and (4)(3)(b)2., the fee revenue shall be returned within 60 days of project completion. If a project is not under contract a project in accordance with sub-subparagraph (4)(3)(b)2., the fee revenue shall be returned by the end of the fiscal year.

(b) through (c) No change.

Rulemaking Authority 365.172(6)(a)11. FS. Law Implemented 365.173(2)(c) FS. History–New 10-6-09, Amended 10-27-10, Formerly 60FF-5.006, Amended_______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Department of Management Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: E911 Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 16, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 30, 2010