To update rule and E911 Board Form 6A (revised 3/2015).

Notice of Proposed Rule

 

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: To update rule and E911 Board Form 6A (revised 3/2015).

SUMMARY: Update rule and E911 Board Form 6A.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST 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: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

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 FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Stan Greer, Vice Chairman, E911 Board, 4030 Esplanade Way, Suite 135F, Tallahassee, Florida 32399-0950, [phone]

 

THE 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 Cconditions: All counties shall provide financial information on the county fiscal calendar year fee revenues received, the county fiscal calendar year E911 expenditures and the carry forward amount for the county fiscal calendar year. The information shall be provided on the E911 Board Form 6A, “County E911 Fiscal Information” (revised 3/2015), “County Carry Forward Funds and Excess Funding Form,” effective 3/10/2011, which is incorporated herein by reference and which may be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-0542600406, on or 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)(a) through (b) No change.

(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 Public Safety Answering Point (PSAP) and E911 equipment rooms specifically listed in subsection the Section 365.172(10)(9)(c), F.S.

(d) Equipment Replacement: Replacement of 911 equipment specifically listed in the subsection Section 365.172(10)(9)(c), F.S., as allowable expenditures.

(4) 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 county fiscal calendar year.

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

1. Through the E911 State Grant Program;

2. Through the Emergency Grant Program;

3. Through the Rural County Grant Program;

4. Through the Rural County Supplemental Disbursement Program.

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

(b) When determining carry forward, a county’s authorized permissible E911expenditures 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), F.S., which includes Section 365.172(9), F.S., costs. E911 project costs shall be included in the current year authorized E911 expenditures if the project is under contract. The following items can be included in the authorized calendar year E911 expenditures subject to the conditions contained here-in.

1. If the funds are in a current year E911 expenditure project that is under contract;

2. If the funds are encumbered for an 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) No change.

(a) Any excess county fiscal calendar year E911funding greater than the county’s total expenditures for permissible E911 costs described in paragraph (4)(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 county fiscal calendar year. If unused in a project in accordance with sub-subparagraphs (4)(b), 1. and (4)(b)2., the then any excess fee revenue shall be returned within 60 days of project completion. If a project is not under contract in accordance with sub-subparagraph (4)(b)2., the fee revenue shall be returned by the end of the fiscal year.

(b) All excess funds should be sent to the Florida E911 Board’s Post Office Box address: Florida E911 Board, P.O. Post Office Box 7117, Tallahassee, Florida 32314.

(c) A transmittal letter indicating that the funds are for excess recovery of E911 Costs shall be sent to the E911 Board, including information on the Excess Recovery Check Amount, Check Date, and Check Number.

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 7-17-11,     .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: E911 Board

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: E911 Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 15, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 15, 2015