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Senate Bill 1628

Senate Bill sb1628

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 1628

    By Senator Margolis





    35-943A-04

  1                      A bill to be entitled

  2         An act relating to nonemergency

  3         telecommunications systems; amending s.

  4         365.171, F.S.; continuing the authorization for

  5         certain counties to expend moneys derived from

  6         the "911" fee for nonemergency

  7         telecommunications; deleting the limitation

  8         imposed under a pilot project; providing an

  9         effective date.

10  

11  Be It Enacted by the Legislature of the State of Florida:

12  

13         Section 1.  Paragraph (a) of subsection (13) of section

14  365.171, Florida Statutes, is amended to read:

15         365.171  Emergency telephone number "911."--

16         (13)  "911" FEE.--

17         (a)  Following approval by referendum as set forth in

18  paragraph (b), or following approval by a majority vote of its

19  board of county commissioners, a county may impose a "911" fee

20  to be paid by the local exchange subscribers within its

21  boundaries served by the "911" service.  Proceeds from the

22  "911" fee shall be used only for "911" expenditures as set

23  forth in subparagraph 6.  The manner of imposing and

24  collecting the said payment shall be as follows:

25         1.  At the request of the county subscribing to "911"

26  service, the telephone company shall, insofar as is

27  practicable, bill the "911" fee to the local exchange

28  subscribers served by the "911" service, on an individual

29  access line basis, at a rate not to exceed 50 cents per month

30  per line (up to a maximum of 25 access lines per account bill

31  rendered).  However, the fee may not be assessed on any pay

                                  1

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    Florida Senate - 2004                                  SB 1628
    35-943A-04




 1  telephone in this state.  A county collecting the fee for the

 2  first time may collect the fee for no longer than 36 months

 3  without initiating the acquisition of its "911" equipment.

 4         2.  Fees collected by the telephone company under

 5  pursuant to subparagraph 1. shall be returned to the county,

 6  less the costs of administration retained under pursuant to

 7  paragraph (c).  The county shall provide a minimum of 90 days'

 8  written notice to the telephone company prior to the

 9  collection of any "911" fees.

10         3.  Any county that currently has an operational "911"

11  system or that is actively pursuing the implementation of a

12  "911" system shall establish a fund to be used exclusively for

13  receipt and expenditure of "911" fee revenues collected under

14  pursuant to this section.  All fees placed in the said fund,

15  and any interest accrued thereupon, shall be used solely for

16  "911" costs described in subparagraph 6.  The money collected

17  and interest earned in this fund shall be appropriated for

18  "911" purposes by the county commissioners and incorporated

19  into the annual county budget. The Such fund shall be included

20  within the financial audit performed in accordance with s.

21  218.39. A report of the audit shall be forwarded to the office

22  within 60 days of its completion.  A county may carry forward

23  on an annual basis unspent moneys in the fund for expenditures

24  allowed by this section, or it may reduce its fee. However, in

25  no event shall a county carry forward more than 10 percent of

26  the "911" fee billed for the prior year. The amount of moneys

27  carried forward each year may be accumulated in order to allow

28  for capital improvements described in this subsection.  The

29  carryover shall be documented by resolution of the board of

30  county commissioners expressing the purpose of the carryover

31  or by an adopted capital improvement program identifying

                                  2

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    Florida Senate - 2004                                  SB 1628
    35-943A-04




 1  projected expansion or replacement expenditures for "911"

 2  equipment and service features, or both.  In no event shall

 3  The "911" fee carryover surplus moneys may not be used for any

 4  purpose other than for the "911" equipment, service features,

 5  and installation charges authorized in subparagraph 6. Nothing

 6  in this section shall prohibit a county from using other

 7  sources of revenue for improvements, replacements, or

 8  expansions of its "911" system. A county may increase its fee

 9  for purposes authorized in this section. However, in no case

10  shall the fee may not exceed 50 cents per month per line.  All

11  current "911" fees shall be reported to the office within 30

12  days of the start of each county's fiscal period. Any fee

13  adjustment made by a county shall be reported to the office. A

14  county shall give the telephone company a 90-day written

15  notice of a such fee adjustment.

16         4.  The telephone company shall have no obligation to

17  take any legal action to enforce collection of the "911" fee.

18  The telephone company shall provide quarterly to the county a

19  list of the names, addresses, and telephone numbers of any and

20  all subscribers who have identified to the telephone company

21  their refusal to pay the "911" fee.

22         5.  The county subscribing to "911" service shall

23  remain liable to the telephone company for any "911" service,

24  equipment, operation, or maintenance charge owed by the county

25  to the telephone company.

26  

27  As used in this paragraph, "telephone company" means an

28  exchange telephone service provider of "911" service or

29  equipment to any county within its certificated area.

30         6.  It is the intent of the Legislature that the "911"

31  fee authorized by this section to be imposed by counties will

                                  3

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    Florida Senate - 2004                                  SB 1628
    35-943A-04




 1  not necessarily provide the total funding required for

 2  establishing or providing the "911" service.  For purposes of

 3  this section, "911" service includes the functions of database

 4  management, call taking, location verification, and call

 5  transfer.  The following costs directly attributable to the

 6  establishment and/or provision of "911" service are eligible

 7  for expenditure of moneys derived from imposition of the "911"

 8  fee authorized by this section:  the acquisition,

 9  implementation, and maintenance of Public Safety Answering

10  Point (PSAP) equipment and "911" service features, as defined

11  in the Florida Public Service Commission's lawfully approved

12  "911" and related tariffs and/or the acquisition,

13  installation, and maintenance of other "911" equipment,

14  including call answering equipment, call transfer equipment,

15  ANI controllers, ALI controllers, ANI displays, ALI displays,

16  station instruments, "911" telecommunications systems,

17  teleprinters, logging recorders, instant playback recorders,

18  telephone devices for the deaf (TDD) used in the "911" system,

19  PSAP backup power systems, consoles, automatic call

20  distributors, and interfaces (hardware and software) for

21  computer-aided dispatch (CAD) systems; salary and associated

22  expenses for "911" call takers for that portion of their time

23  spent taking and transferring "911" calls; salary and

24  associated expenses for a county to employ a full-time

25  equivalent "911" coordinator position and a full-time

26  equivalent staff assistant position per county for the portion

27  of their time spent administrating the "911" system; training

28  costs for PSAP call takers in the proper methods and

29  techniques used in taking and transferring "911" calls;

30  expenses required to develop and maintain all information (ALI

31  and ANI databases and other information source repositories)

                                  4

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    Florida Senate - 2004                                  SB 1628
    35-943A-04




 1  necessary to properly inform call takers as to location

 2  address, type of emergency, and other information directly

 3  relevant to the "911" call-taking and transferring function;

 4  and, in a county defined in s. 125.011(1), such expenses

 5  related to a nonemergency "311" system, or similar

 6  nonemergency system, which improves the overall efficiency of

 7  an existing "911" system or reduces "911" emergency response

 8  time for a 2-year pilot project that ends June 30, 2003.

 9  However, no wireless telephone service provider shall be

10  required to participate in this pilot project or to otherwise

11  implement a nonemergency "311" system or similar nonemergency

12  system. The "911" fee revenues may shall not be used to pay

13  for any item not listed, including, but not limited to, any

14  capital or operational costs for emergency responses which

15  occur after the call transfer to the responding public safety

16  entity and the costs for constructing buildings, leasing

17  buildings, maintaining buildings, or renovating buildings,

18  except for those building modifications necessary to maintain

19  the security and environmental integrity of the PSAP and "911"

20  equipment rooms.

21         7.  It is the goal of the Legislature that enhanced

22  "911" service be available throughout the state.  Expenditure

23  by counties of the "911" fees authorized by this section

24  should support this goal to the greatest extent feasible

25  within the context of local service needs and fiscal

26  capability. Nothing in this section shall be construed to

27  prohibit two or more counties from establishing a combined

28  emergency "911" telephone service by interlocal agreement and

29  utilizing the "911" fees authorized by this section for the

30  such combined "911" service.

31         Section 2.  This act shall take effect July 1, 2004.

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    Florida Senate - 2004                                  SB 1628
    35-943A-04




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 2                          SENATE SUMMARY

 3    Deletes a 2-year-pilot-project limitation on nonemergency
      telecommunication expenses that may be charged to the
 4    "911" fee imposed by counties.

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