60FF-5.004: Requirements for Fee Remittance Submitted by or on Behalf of Wireless and Non-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 fee required by Section 365.172, Florida Statutes.
SUMMARY: The new rule will set forth the procedural requirements for submitting and reporting the 911 fee required by Section 365.172, Florida Statutes.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Cost has been prepared and is available by contacting John C. Ford, Board Chair, at the address listed below. The following is a summary of the SERC:
• The proposed changes would affect 185 service provider companies providing E911 fee remittance.
• No costs would be incurred by the E911 Board. The Board proposes to implement the rule within its current workload, with existing staff.
• The proposed changes will have a minimal impact on small businesses.
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., 365.172(8) FS.
LAW IMPLEMENTED: 365.172(8) 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, Board Chair, E911 Board, 4030 Esplanade Way, Suite 235M, Tallahassee, Florida 32399-0950
THE FULL TEXT OF THE PROPOSED RULE IS:
60FF-5.004 Requirements for Fee Remittance Submitted by or on Behalf of Wireless and Non-Wireless Service Providers.
(1) All non-wireless and wireless service providers shall remit fees pursuant to Section 365.172(8), F.S.
(2) Fees shall be submitted to the E911 Board within 60 days after the end of the month in which the fee was billed, together with a monthly report of the number of service identifiers in each county. The information shall be submitted to the E911 Board at the following address:
State of Florida E911 Board
ATTN: Financial Management Services
Post Office Box 7117
Tallahassee, Florida 32399-0950.
(a) Service providers collecting less than $50 per month of total fee remittances shall provide monthly reports of the number of service identifiers billed in each county. The reports and the fee remittance are due to the E911 Board on a quarterly basis.
(b) All service providers providing fee remittance for 911 or E911 service disbursements pursuant to Section 365.172(8)(f), F.S., shall provide the following information with the fee remittance. The information shall be provided in the appropriate categories, either the wireless, non-wireless LEC, non-wireless VoIP or non-wireless Specialty categories. This information shall be provided in a form format referred to as a Florida Emergency Communications Number E911 System Remittance Report. The form shall include:
1. Service provider’s name and address: Contact person: Contact Phone Number: E-mail Address;
2. Date remittance report;
3. Service collection period;
4. Itemization of fee remittance revenue per county, including:
a. County; (if the county information is not available, the remittance should include a statement from the service provider that the county location information is not available).
b. Total Subscribers; each provider shall report the number of service identifiers for subscribers, or access lines billed based on the county;
c. Gross Fees Collected Unit cost of each item;
d. 1% Provider Allowance;
e. Adjustment;
f. Billing Adjustment;
g. Uncollected;
h. Comment or description of any adjustment or other pertinent notation; and
i. Net fees Collected.
5. Remittance Check Amount, Check Date, and Check Number; and
6. The following certification shall be a part of the form: These amounts are submitted in compliance with Florida Statutes 365.172, 365.173 and 365.174, along with ordinances definitions held within. Under penalties of perjury, I declare that I have verified the foregoing and the amounts alleged are true, to the best of my knowledge and belief.
(c) In lieu of submitting a signed Florida Emergency Communications Number E911 System Remittance Report, it can be electronically transmitted to the E911 Board’s e-mail address: E911 BoardElectronicRemittanceReports@dms.myflorida.com.
(d) Third party companies submitting fee remittances on behalf of wireless and non-wireless service providers shall provide a contact person, address, contact phone number and e-mail address on fee remittance information to respond to all E911 Staff inquiries about the fee remittance.
(3) The service providers shall provide their company contact person, address, contact phone number and e-mail address on fee remittance information to explain any irregularities noticed in the monthly fee remittance submittals. In the event of multiple irregularities or failures to submit the fee remittances in a timely manner, the providers representative shall be prepared to attend the E911 Board meeting, either in person or via teleconference, to explain these issues at the monthly E911 Board meeting.
(4) Service providers that fail to collect or deliver collected E911 fee revenue and remittance information within the 60 day submission time frame shall be subject to collection costs required to obtain the fee revenue and lost interest revenue, calculated in accordance with Section 55.03, F.S., on the unpaid E911 fee revenues due. The one percent provider allowance shall be applied to offset the total amount of collection costs and lost interest due to the E911 Board, and the service provider shall be obligated to the E911 Board for any remaining balance due.
(5) A service provider may request relief from the monetary obligations resulting from its noncompliance by showing good cause in writing explaining in detail the facts and circumstances purporting to excuse its noncompliance. The service provider’s representative shall be required to appear, either in person or via teleconference, at the next ensuing E911 Board meeting to present its position and answer any questions from the E911 Board. The E911 Board, in the exercise of its powers enumerated in Section 365.172(5) and (6), F.S., shall consider the facts and circumstances and determine whether relief is justified to avoid imposition of a substantial hardship or a violation of the principles of fairness, and whether relief would serve the purpose of Sections 365.172, 365.173, 365.174, F.S., and particularly Section 365.172(8), F.S.
Rulemaking Authority 365.172(6)(a)11., 365.172(8) FS. Law Implemented 365.172(8) FS. History–New_________.