The Board proposes the rule amendment to clarify the rule language.

 

DEPARTMENT OF MANAGEMENT SERVICES

E911 Board

RULE NO.:RULE TITLE:

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

PURPOSE AND EFFECT: The Board proposes the rule amendment to clarify the rule language.

SUMMARY: To update the rule language.

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: During discussion of the economic impact of this rule at its Board meeting, the Board concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board 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) 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: Leon Simmonds, Executive Director, E911 Board, at 4030 Esplanade Way, Suite 135F, Tallahassee, Florida 32399-0950, or by electronic mail, [e-mail].

 

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, or implementation of a hosted system. The excess recovery provision provides a 30 percent limitation on the total E911 fee revenue retained during a fiscal 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) This rule implements the carry forward provision in Section 365.173(2)(d), F.S.  All boards of county commissioners shall return funds not used by the county in accordance with this rule.Applicability: All Board of County Commissions in the State of Florida.

(2) No Change.

(3) Definitions.

(a) through (d) No Change.

(e) “Implementation of a hosted system” includes costs associated with initial start-up and continuing provision of a hosted system that meets industry accepted standards systems.

(f) Services include systems and functionality such as database maintenance, next-generation E911 network services, next-generation E911 database services, the installation of network equipment or communication devices within the PSAP, and all other services that are provided remotely to a PSAP.

(4) Carry forward funding may be used for fixed and operating capital outlay, capital improvements, equipment replacement, implementation of hosted systems, and services.

(5)(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 year.

(a) No Change.

(b) When determining carry forward, a county’s authorized E911 expenditures equals the total of the E911 fee expenditures and the county revenue expenditures for authorized E911 expenditures. E911 project costs shall be included in the current year authorized E911 expenditures if the project is under contract or signed letter from the County Finance Department specifying funds obligated to a future project.

(6)(5) Excess recovery.

(a) No Change.

(b) All excess funds shallshould be sent to: Florida E911 Board, P.O. Box 67507117, Tallahassee, Florida 32314-6750.

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

(7)  This rule shall be reviewed and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date.

Rulemaking Authority 365.172(6)(a)11. FS. Law implemented 365.173(2) FS. History–New 10-6-09, Amended 10-27-10, Formerly 60FF-5.006, Amended 7-17-11, 7-26-15, 7-19-20, 4-27-21, 9-27-21,                         .

 

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 19, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 12, 2023