Notice of Proposed Rule

DEPARTMENT OF MANAGEMENT SERVICES
Technology Program
Rule No.: RULE TITLE
60FF-5.006: Requirements for County Carry Forward Funds and Excess Funding
PURPOSE AND EFFECT: The Board proposes the rule amendment to delete unnecessary language and to add new language to clarify the requirements for county carry forward funds and excess funding.
SUMMARY: The rule amendment will delete unnecessary language and to add new language to clarify the requirements for county carry forward funds and excess funding.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Cost has been prepared and is available by contacting John C. Ford, Chair, at the address listed below. The following is a summary of the SERC:
• The number of individuals and entities likely to be required to comply with the rule is 67.
• No cost to the department in implementing the proposed rule.
• No increased reporting, staffing, legal or fee requirements are anticipated.
• The proposed change is not expected to impact small business.
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: 265.172(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 FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John C. Ford, Chair, E911 Board, 4030 Esplanade Way, Suite 160Q, 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 30 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) No change.

(2) General conditions: 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 07/02/2010 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. The county shall determine the calculated total fee revenue funding disbursed to the county by the E911 Board during a calendar year.

(a) The 30 20 percent limitation does not apply to funds disbursed to a county:

1. Through the E911 State Grant Program;

2. Through the Emergency Grant Program;

3.2. No change.

4.3. No change.

(b) No change.

(4) Excess recovery.

(a) Any excess calendar year E911 funding greater than the county’s total expenditures for permissible E911 costs described in paragraph (3)(b), including the 30 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 sub-subparagraph (3)(b)1. and 2. (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 sub-subparagraph (3)(b)2. (a)1.e., the fee revenue shall be returned by the end of the fiscal year.

(b) through (c) No change.

Rulemaking Authority 365.172(6)(a)11. FS. Law implemented 365.173(2)(c) FS. History–New 10-6-09, Amended_________.


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: July 13, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 9, 2010