The Board proposes to promulgate and adopt the new rule to set forth the procedural requirements for submitting and reporting the 911 fees required by Section 365.172, Florida Statutes.

DEPARTMENT OF MANAGEMENT SERVICES
Division of Telecommunications

RULE NO: RULE TITLE
60FF-5.006: Requirements for Fee Remittance Submitted by or on Behalf of Prepaid Wireless Service Providers
PURPOSE AND EFFECT: The Board proposes to promulgate and adopt the new rule to set forth the procedural requirements for submitting and reporting the 911 fees required by Section 365.172, Florida Statutes.
SUMMARY: The new rule will new rule to set forth the procedural requirements for submitting and reporting the 911 fees required by Section 365.172, Florida Statutes.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The Board determined that small businesses would not be affected by this rule.
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.
SPECIFIC AUTHORITY: 365.172(6)(a)11., 365.173(2)(c) 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 FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John C. Ford, Chair, E911 Board, 4030 Esplanade Way, Suite 235M, Tallahassee, Florida 32399-0950

THE FULL TEXT OF THE PROPOSED RULE IS:

60FF-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 20 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) Applicability: All Board of County Commissions in the State of Florida

(2) General conditions:

(a) 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 3/20/2009, 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) Carry Forward Funding and Excess Recovery Parameters.

(a) The county shall determine the calculated total fee revenue funding disbursed to the county by the E911 Board during a calendar year.

1. The 20 percent limitation does not apply to funds disbursed to a county:

a. Through the E911 State Grant Program;

b. Through the Rural County Grant Program;

c. Through the Rural County Supplemental Disbursement Program.

(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 Florida Statute §365.173(2)(a)1. and 2, which includes §365.172(9) costs.

1. The following items can be included in the authorized calendar year E911 expenditures subject to the conditions contained here-in.

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

b. If the funds are encumbered for 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.

(4) Excess recovery.

(a) Any excess calendar year E911funding greater than the county’s total expenditures for permissible E911 costs described in rule item (3)(b), including the 20 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 rule item (3)(a)1.d or (3)(a)1.e. the fee revenue shall be returned within 60 days of project completion. If not under contract a project in accordance rule item (3)(a)1.e., 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, 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., 365.173(2)(c) FS. Law Implemented 365.173(2)(c) FS. History–New_______.

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: March 19, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 23, 2009